Township of Upper Darby, PA Civil Service

The Commission shall consist of three Commissioners, who shall be qualified electors of the Township and, upon recommendation by the Mayor, shall be appointed by Council to serve for terms of six years.

Any vacancy occurring in the Commission for any reason whatsoever shall, upon recommendation of a candidate by the Mayor, be filled by Council for the unexpired term.

No Commissioner shall at the same time hold an elective or appointed office under the United States Government, the Commonwealth of Pennsylvania or any political subdivision of the commonwealth. Notwithstanding the foregoing, a Commissioner may act as solicitor or legal counsel to the United States Government, the Commonwealth of Pennsylvania or a political subdivision of the commonwealth, even if elected or appointed to that position.

Hereafter, each and every appointment to and promotion in the police force or as a member of the fire suppression staff of Upper Darby Township, hereinafter called "the Township," shall be made only according to qualifications and fitness to be ascertained by examinations, which shall be competitive as hereinafter provided.

No person shall hereafter be suspended, removed or reduced in rank as a paid employee in the police force or as a member of the fire suppression staff of the Township except in accordance with the provisions of the enabling act and this chapter.

The Commission may designate, or authorize the Secretary to designate, all application blanks, forms, lists and a record system for the expeditious reporting to it, or by it, of all matters within the jurisdiction of the Commission. Whenever such forms have been prescribed and made available, the Commission shall have the right to require that information be presented on such forms and to refuse information not so presented.

The Commission, when authorized by the Mayor of the Township, may receive or purchase the services and advice of other public personnel agencies.

The Commission shall have the power to prescribe, amend and enforce the rules and regulations which comprise this chapter. Such rules and regulations may not go into effect or be amended until the rules and regulations or amendments are approved by Council, which shall do so by resolution.

A Commissioner may be removed from the Commission without cause upon the recommendation of the Mayor and the approval of a majority of Council.

§ 28-3 General administration.

All meetings shall be held either at the call of the Chairperson or, in the event of the absence or incapacity of the Chairperson, at the call of the other two members of the Commission. The Commission shall have the discretion to determine whether meetings shall be open to the public when not specifically regulated by law or this chapter. Notice of each meeting shall be given as required by the Act of 1968, July 3, P.L. 388, No. 84, 65 P.S. §§ 271 to 286, commonly known as the Sunshine Act.[1]

Editor's Note: The 1968 Sunshine Act was repealed 10-15-1998 by P.L. 729, No. 93; see now the Sunshine Act, 65 Pa.C.S.A. § 701 et seq. (October 15, 1998, P.L. 729, No. 93).

Rules of order.

Robert's Rules of Order shall guide the Commission except as provided herein. The order of business shall be:

Reading of the minutes.

Communications.

Consideration of reports.

Unfinished business.

New business.

A Commission member may record in the minutes his or her approval of or dissent from the action of the Commission.

Two members of the Commission shall constitute a quorum, and no action of the Commission shall be valid unless it shall have the concurrence of at least two of its members. Those present may determine which member shall fulfill the duties of an absent member. In its discretion, the Commission may appoint panels to interview for hiring and promotion of employees subject to this chapter. Each panel must include at least one Commissioner.

All matters brought before the Commission shall first be filed in writing. The substance of any filing and the action of the Commission thereon shall be noted in the minutes.

The Secretary of the Commission shall record in the minutes the time and place of each meeting of the Commission and the names of the members present; all proceedings and official acts of the Commission, including records of examinations; the votes given by members except when the action is unanimous, and, when requested, a Commission member's dissent, with his reasons; and such other information as the Commission may direct. The Secretary shall cause the minutes to be written up forthwith and presented for approval or amendment at the next regular meeting. The minutes, or a true copy thereof, certified by the Commission or by a majority thereof shall be open with other records of the Commission as provided by law.

The Secretary of the Commission shall perform administrative duties incident to the duties of the Commission and at the direction of the Commissioners. These duties shall include, but not be limited to, maintaining records of proceedings before the Commission and other Commission books, records and papers; preparing reports of Commission meetings and decisions for the Mayor and Council; and reviewing invoices of Commission expenses and submitting them to the Mayor for approval.

Powers.

The Commission shall have the power to issue subpoenas over the signature of the Chairperson to require the attendance of witnesses and the production of records and papers pertaining to any investigation or inquiry. The fees of such witnesses for attendance and travel shall be the same as for witnesses appearing in the courts and shall be paid from appropriations for the expenses of the Commission.

All officers and employees of the Township shall attend and testify when required to do so by the Commission.

If any person shall refuse or neglect to obey any subpoena issued by the Commission, upon conviction of such refusal or neglect in a summary proceeding, that person shall be sentenced to pay a fine not to exceed $100 and, in default of the payment of such fine and costs, shall be imprisoned for a period not to exceed 30 days.

If any person shall refuse or neglect to obey any subpoena, the Commission may apply by petition to the Court of Common Pleas of Delaware County for its subpoena, requiring the attendance of such persons before the Commission or the court to testify and to produce any records and papers necessary and, in default thereof, shall be held in contempt of court.

Hearings.

The Commission may appoint a hearing officer to hold any hearings required to be held by the Commission pursuant to the provisions of the Civil Service Code or the Pennsylvania Local Agency Law, 2 Pa.C.S.A. §§ 551 et seq. and 751 et seq.

The hearing officer shall prepare and submit to the Commission a recommended decision, which shall consist of findings of fact, a legal discussion, conclusions of law, and a recommended order for adoption by the Commission.

Upon receipt of the recommended decision, the Commission may adopt the recommended decision or, if the Commission determines that the proper consideration of the appeal requires the presentation of additional evidence, the Commission may remand the case to the hearing officer or may hold a hearing or hearings to receive additional evidence to aid the Commission to frame an appropriate order.

§ 28-4 Applications.

Each person desiring to apply for examination shall file with the Commission a formal application, on a form prescribed by the Commission, in which the applicant shall state under oath or affirmation and/or provide the following:

The applicant's full name, address, and telephone number;

The applicant's residence history for the past 10 years;

The applicant's driver's license history;

The applicant's employment history for the past 10 years;

The applicant's record of education and job-related experience;

(6)

The applicant's military service history;

(7)

Such other information as the Commission may require; and

(8)

A check in the amount designated in the public notice of the examination for the costs of administration of the written test, which shall be nonrefundable.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Age and residency requirements.

No person shall be eligible to apply for examinations for the positions of police officer or paid firefighter unless he or she will attain the minimum age of 21 years within 60 days following the date said examination is given.

Applicants appointed to the position of police officer or paid firefighter must become and continue to remain during the term of their employment a bona fide established resident of Upper Darby Township within six months after completion of the probationary period.

In addition to the qualifications set forth in § 28-4B(1) and (2), any applicant for the position of firefighter shall:

[Amended 3-18-2015 by Ord. No. 3023]

Have a certificate from a state-approved training school attesting that he or she has attended and graduated from courses in both Fire Fighting National Certification I (basic training) and Fire Fighting National Certification II (advanced training); and

Have two years' firefighting experience as a senior member in a combination fire department; or

Have five years' firefighting experience as a senior member in a volunteer fire department; and

Applicants should have a letter from the chief of their current fire company, on fire company letterhead, stating the individual is a member of that fire company in good standing that meets the above-named requirement.

All applications for admission to the examinations shall be obtained from the Secretary of the Commission or his designee. Similarly, all completed applications shall be returned to the Secretary of the Commission or his designee. At the direction of the Secretary, applications can be distributed at either the police or fire stations. Each completed application returned to a police or fire station shall be placed in a sealed envelope and forwarded to the Secretary as soon as practical.

Application for examination.

No applicant shall be admitted to an examination unless the applicant has filed a completed application for said examination upon the form furnished by the Commission. Applications must be filed at least 10 days before the date of examination unless otherwise provided in the public notice. The applicant must sign the application, in the applicant's own handwriting, and under oath or affirmation agree that any false statements may be grounds for the applicant's elimination from further candidacy.

The application shall also include the thumbprint of the applicant, which shall be taken as designated in the public announcement. The thumbprint shall be used only for the purpose of identifying the applicant at the time and location for the test as the person taking the test.

No one will be admitted to any examination unless there is official notice from the Commission of his right to take such examination. This notice shall be mailed or delivered personally to the applicant at least three days prior to the examination. It shall contain information as to the time, duration, place of the examination, and the materials or equipment, if any, to be brought by the applicant.

All applications shall remain on file for five years. Minor errors or omissions in an application on file may be corrected only after special permission from the Secretary of the Commission. The date of original receipt, corrections, and actions pertaining to the applicant shall be noted on the application form. Applications are valid only for the examination for which they are entered.

§ 28-5 Examinations.

Public notice of the time and place of every examination, together with the information as to the kind of position to be filled, shall be given by publication once in a newspaper of general circulation in the Township at least four weeks prior to each examination, and a copy of the notice shall be prominently posted in the office of the Commission or other public place in the Municipal Building and Public Safety Building, if the examination is for a police position, or Fire Headquarters, if the examination is for a firefighter position. The public notice shall also contain the following information:

The kind of position to be filled;

The period during and location at which applications will be received;

That the first part of the examination will consist of a physical agility test, as prescribed by the Township. An applicant must pass the physical agility test to be permitted to take the written test;

That the next part of the examination will consist of a written test and an oral test. Each will be scored on a basis of 100 points and the passing grade for each will be 70 points. An applicant must get a passing grade on the written test in order to be eligible to take the oral test. An applicant must get a passing grade on the oral test in order to be eligible to take the rest of the examination and be considered for the position. The written test will be weighted for 60% of the final grade and the oral test weighted for 40% of the final grade. This combined weighted grade will be the score for this portion of the examination. In order to proceed to the next part of the examination, an applicant will have to have at least a combined weighted score of 70.

That in order to complete the examination process an applicant will have to undergo a background check, a polygraph examination if applying for a position on the police force, a psychological examination, and a medical examination, including a drug test. None of these examinations will be done until the applicant receives a conditional offer of employment from the Township. Applicants who fail any one of these tests will be eliminated from any further consideration.

(6)

Any special physical or medical requirements.

(7)

Any previous service experience required as a prerequisite to promotional examinations and any other qualifications that may be required;

(8)

Notice that the lifetime of the eligible list will be up to three years from the date of its preparation, but the Commission may terminate the list earlier and schedule a new examination at its discretion. As used in this chapter, the "date of preparation" shall mean the date on which the list is posted in the office of the Commission.

(9)

The amount to be paid by check or cash and submitted with the application for the costs of the administration of the written test and that such amount shall be nonrefundable.

The Township shall, as needed, appoint one or more medical examiners and one or more psychological examiners to conduct all medical and psychological testing required by the provisions of this section.

Every applicant for the position of police officer or paid firefighter must meet the following physical requirements as essential functions of the position:

The applicant shall have no physical condition or medical history which, in the opinion of the physician conducting the physical examination, should be cause for rejection;

The applicant shall demonstrate at least "20/40" corrected vision in each eye.

A statement of medical requirements established by the Commission shall appear in the application form, and a copy of each statement of medical requirements shall be filed in the office of each medical examiner.

The physician or physicians shall, within 72 hours after examining an applicant, submit to the Commission a medical report upon forms prescribed and furnished by the Commission. The medical report shall indicate whether the applicant is medically fit to perform the duties of the position for which he seeks employment. If an applicant is found not to be medically fit, the applicant shall be rejected by the Commission.

The minimum requirements, other than physical, for each position shall be as follows:

Age. Police officers and firefighters shall be no less than the minimum age of 21 years in order to be sworn into active service. No candidate for police officer or firefighter shall be eligible to take the examination as provided herein unless such candidate will attain minimum age of 21 years within 60 days following the date said examination is given.

Education. Each applicant shall have graduated from an accredited high school or have received high school equivalency certification.

Specific abilities and skills.

Police officers must possess skills and abilities to:

Frequently contact and interact with the public in a variety of situations and circumstances, exercising a level of tact, judgment, initiative, and control appropriate for the situation at hand.

Understand the sometimes complex laws and ordinances they are expected to enforce and the department policies and regulations they are expected to follow.

Make immediate situational assessments and action judgments in circumstances that are volatile and potentially life-threatening, including confrontations with violent, combative, or otherwise disturbed or dangerous persons.

Work efficiently and effectively under a variety of adverse conditions and in often stressful and extremely hazardous circumstances, including exposure to ever-changing weather and atmospheric conditions, working in close quarters, moving indoors and outdoors numerous times during the daily work tour, exposure to blood-borne pathogens and other health/safety risks, confronting potentially life-threatening physical hazards.

Perform various physically exerting tasks such as heavy lifting, running, climbing, jumping, and dragging/pulling.

Carry out complex orders and manage and complete several complex tasks simultaneously.

Move seamlessly between working independently and as part of a team.

[8]

Adapt to a constantly rotating work schedule that routinely requires working at night, on weekends, and on holidays.

Sergeants of Police are experienced police officers with outstanding police skills and demonstrable leadership qualities. Specifically, Sergeants of Police must possess skills and abilities to:

Make immediate situational assessments and operational and tactical decisions in police situations, exercising a level of tact, judgment, initiative, and control appropriate for the situation at hand.

Provide immediate, clear, and unequivocal direction to police personnel under their command in even the most high-stress situations.

Make immediate supervisory and administrative decisions vis-a-vis personnel matters involving officers under their command.

Understand the complexities of criminal procedure and provide guidance on such to officers under their command.

Complete a variety of administrative tasks related to the day-to-day supervision of a subunit of the Police Department.

Act in the capacity of the overall commanding officer of the subunit or division in question as needed or directed.

Lieutenants and Captains of Police are experienced police supervisors who have demonstrated outstanding supervisory skills, administrative capabilities, and leadership qualities. Specifically, Lieutenants and Captains of Police must possess skills and abilities to:

Provide command-level supervision and oversight vis-a-vis the overall performance and conduct of personnel under their command.

Make immediate evaluations of operational and tactical actions in police situations, providing command oversight and support.

Provide immediate and unequivocal command direction and oversight during police vehicular and foot pursuits, at crime scenes, and during critical incident responses.

Provide command direction regarding manpower and resource allocation to ensure the uninterrupted flow of police services during critical incidents and other police and civil emergencies.

Ensure that the subunit or division provides appropriate support and assistance to personnel in other subunits and divisions within the Department.

Provide command direction vis-a-vis requests for assistance from other law enforcement, government, and civilian agencies (including requests for support during police actions, tactical operations, and critical incidents).

Make overall administrative command decisions vis-a-vis personnel under their command.

[8]

Ensure that routine and special detail assignments with the subunit or division are appropriately staffed each tour of duty.

[9]

Conduct investigations of complaints against personnel under their command.

[10]

Recommend personnel under their command for commendatory recognition, or for administrative or disciplinary action, as appropriate.

[11]

Conduct performance evaluations of personnel under their command.

[12]

Review reports, legal documents, and other paperwork submitted by personnel under their command, and provide support and assistance as needed.

[13]

Act as general resource for personnel under their command, providing information, support and guidance vis-a-vis legal issues, department policies and process instructions, personnel matters, and other supervisory and command issues.

[14]

Ensure that all equipment condition and maintenance issues coming to light during a tour of duty are appropriately addressed.

[15]

Represent the Department in a public relations capacity at various public events and special functions.

Firefighters must possess skills and abilities to:

Be able to interact with the public in a variety of situations and circumstances exercising a level of tact, judgment, initiative and control appropriate for the situation at hand.

Make immediate situational assessments and action judgments in circumstances that are volatile and potentially life-threatening.

Work efficiently and effectively in a combination fire department, sometimes in adverse or stressful conditions. This may include extremely hazardous circumstances, including exposure to ever-changing weather and atmospheric conditions, working in close quarters both indoors and outdoors in potentially life-threatening physical hazards.

Perform various physically exerting tasks such as heavy lifting, running, climbing, jumping, dragging and pulling.

Carry out complex orders, manage and complete several complex tasks simultaneously.

Demonstrate ability to work independently and as part of the team in the combination fire department.

Adapt to a rotating work schedule that routinely requires working at night or on holidays.

Fire Department Captains (bargaining unit) are to be experienced and skilled firefighters who have demonstrated leadership skills. Specifically, Captains (bargaining unit) in fire service must possess skills and abilities to:

Make immediate situational assessments and operational and tactical decisions in fire ground situations, exercising a level of tact, judgment, initiative and control appropriate for the situation at hand.

Provide immediate, clear and unequivocal direction to fire personnel under their command in even the most high stress situations.

Make immediate supervisory and administrative decisions vis-a-vis personnel matters involving staff under their command.

Understand the complexities of firefighting and provide proper guidance to their staff.

Complete a variety of administrative tasks related to the day-to-day supervision of their staff.

Proven record of working in a combination fire department. Demonstrate ability to work independently and be a part of the team in the combination fire department.

Fire Department Deputy Chief (bargaining unit) are to be skilled firefighters who have demonstrated leadership skill. Specifically, Deputy Chief in the fire service must possess skills and abilities to:

[Added 4-18-2012 by Ord. No. 3001]

Make immediate situational assessments and operational and tactical decision in fire ground situation, exercising a level of tact, judgment, initiative and control appropriate for the situation at hand.

Be able to take overall command and control (provided the Chief of the Department is not on the scene) of all fire ground operation, to be the incident manager of fire/rescue operation when at the scene of any incident occurring in Upper Darby Township and to work with the established command at the scene.

Provide immediate, clear and unequivocal direction to fire personnel under their command in even the most high stress situations. Be able to review the firefighting work performed by fire-suppression staff.

Make immediate supervisory and administrative decisions vis-a-vis personnel matters involving staff under their command.

Support the Chief of the Department in duties of fire and rescue service, mutual aid to communities and hazardous materials offices and other duties as outlined in the Upper Darby Township Emergency Operation Plan.

Support the Chief of the Department in development of emergency training programs and the qualifications of all Township fire-suppression staff.

Understand the complexities of firefighting and incident command. Be able to provide proper guidance to fire staff and other Township staff as requested.

[8]

Complete a variety of administrative tasks related to the day-to-day supervision of staff; act as liaison between the Fire Department and the other Township departments in interdepartmental issues.

[9]

Proven record of working in a combination fire department. Demonstrate the ability to work independently and be a positive team member of the combination fire department.

[10]

Assist the Chief of the Department in reviewing building permit applications, drawing and providing advice to the administration as the plans relate to compliance with applicable fire codes, applicable building codes and the requirement for handling and storage of flammable materials.

[11]

Represent the Department in public relations capacity at various public events and special functions.

[12]

Conduct performance evaluation of fire-suppression bargaining unit personnel.

Should the appointing authority request positions requiring special scientific, professional, technical, clerical or mechanical skills, the Commission shall specify minimum qualifications for such positions.

Examinations may be conducted under the direction of the Secretary of the Commission or proctors or examiners designated by the Commission. Notice of the appointment of such proctors or examiners shall appear in the minutes of the Commission. The Commission may issue instructions to ensure the fair, equal, and honest conduct of all parts of the examination.

Examinations.

The examination of applicants for the position of police officer or paid firefighter shall consist of the following tests given in the order below:

Physical agility test.

Written civil service examination.

Oral examination.

Background investigation.

Polygraph test (police officer applicant only).

Psychological examination.

(g)

Medical examination and drug test.

The written test and the oral test will each be scored on a basis of 100 points and the passing grade for each will be 70 points. An applicant must get a passing grade on the written test in order to be eligible to take the oral test. An applicant must get a passing grade on the oral test in order to be eligible to take the rest of the examination and be considered for the position. The written test will be weighted for 60% of the final grade and the oral test weighted for 40% of the final grade. This combined weighted grade will be the score for this portion of the examination. In order to proceed to the next part of the examination, an applicant will have to have at least a combined weighted score of 70.

After the results of the written test are compiled, the names on the eligible list shall be arranged top to bottom, from the highest test score to the lowest test score. The number of candidates determined by the appointing authority to be sufficient to meet the Township's needs in filling the advertised position or positions shall then be designated, in the order of the results from highest test score to lowest test score, to take the oral test and proceed with the rest of the examination process. Such designations shall continue to be made in this manner, as needed, throughout the life of the eligible list.

Testing.

Written test.

The written civil service examination for new police hires shall be a test of general aptitude.

The written civil service examination for new paid firefighter hires and promotion of police and paid firefighters shall generally include questions designed to show reading comprehension, a general knowledge of traffic rules, arithmetic, and other information which will have practical Police or Fire Department use. It shall also be designed to test the ability of the applicant to grasp quickly and accurately the necessary details of any situation at the scene of a crime, fire or at an accident.

Oral test.

The oral test for new police hires shall be designed to test general aptitude.

The oral test for new paid firefighter hires and promotion of police and paid firefighters shall be designed to test the aptitude of the applicant for police and fire service and to evaluate the appearance, manner, speech, social adaptability, and general impression which is created by the applicant before the public.

The background investigation shall be sufficient to provide information on those subjects for which an applicant may be rejected by law.

Any veteran who has at least a 70 combined weighted score for the written and oral examinations shall have an additional 10 points added to the combined weighted score for an entry-level position as a police officer or firefighter. No such additional credits shall be awarded on promotional examinations. Such persons must present proof of their status as veterans in such form as may be satisfactory to the Civil Service Commission before being given preferential treatment. The 10-point preference shall be awarded to veterans receiving either honorable discharges or discharges under honorable conditions, but not to those veterans discharged under other than honorable conditions.

After the veterans' preference points, if any, are added, the Secretary shall prepare a list consisting of the name of each applicant who received a passing grade. The names on the list shall be arranged top to bottom, from the highest score to the lowest score, in order of the final weighted composite score received by each applicant.

The list shall be posted in a prominent location in the Public Safety Building and Fire Headquarters.

Further testing.

The number of applicants determined by the appointing authority to be sufficient to meet the Township's needs in order to fill the advertised position shall, in the order of highest to lowest in which they are listed on the list, proceed to the next portion of the examination. Those that do not proceed to the next portion of the examination at that time shall remain on the list and shall be designated for further testing as needed during the life of the list.

Any applicant designated for further testing shall first receive a conditional offer of employment and shall undergo the following tests in the order below:

Background investigation.

Polygraph test (police force applicants only).

Psychological test.

Medical examination and drug test.

The above tests shall be graded on a pass/fail basis. The applicant must first pass a test before being eligible to take the next one. If any applicant fails any of the above, the applicant shall be rejected at that point.

Examination papers shall be subject to the same legal restrictions as the minutes and other records of the Commission and shall be preserved accordingly.

The eligible list shall remain in effect for a period of up to three years from the date of its preparation, but the Commission may terminate the eligible list earlier and schedule a new written examination at its discretion.

Refusal to examine or to certify.

The Commission may refuse to examine any applicant who is found to lack any of the minimum qualifications for examination prescribed in the rules and regulations for the position or employment for which the applicant has applied. The Commission may also refuse to examine any applicant who refuses to execute a document waiving any liability against the Township for any injury or physical condition incurred by such applicant during the physical agility portion of the examination.

After examination, the Commission may refuse to certify as qualified for appointment any applicant who:

Has any physical condition or medical history which, in the opinion of the physician who conducted the physical examination, shall make the applicant unfit for the duties of the position to which the applicant seeks employment; or

Has an addiction to the habitual use of intoxicating liquors or narcotic drugs; or

Has been found guilty of any crime involving moral turpitude or infamous or notoriously disgraceful conduct; or

Has been dismissed from public service for delinquency or misconduct in office; or

Is affiliated with any group whose politics or activities are subversive to the form of government set forth in the Constitution and laws of the United States and Commonwealth of Pennsylvania; or

For any other cause specified in the enabling act or this chapter.

If any applicant feels aggrieved by the action of the Commission in refusing to examine or to certify the applicant as qualified for appointment after examination, the Commission shall, at the request of such person, within 10 days appoint a time and place where he or she may appear personally and by counsel. Whereupon, the Commission shall then review its refusal to make such examination or certification and take such testimony as may be offered. The decision of the Commission shall be final.

§ 28-6 Appointments.

The appointing authority shall notify the Commission whenever any vacancy, other than in the position of Superintendent of Police or Fire Chief, is to be filled and shall request a certified list of eligibles for the position to be filled.

Filling vacancies.

Upon receipt of a request for a certified list of candidates to fill a vacancy, the Secretary shall certify for each existing vacancy from the certified list the names of the three persons thereon who have received the highest score and have passed all of the other tests. If any candidate for initial appointment on the certified list is a veteran, the appointing authority shall give preference to the veteran, notwithstanding that the veteran's rank is not highest on the list. However, such preference shall not be given to any candidate for promotion.

A vacancy in an existing position in the police force or fire suppression staff which occurs as a result of retirement, resignation, disability or death shall be filled by the appointing authority by the reappointment or reinstatement of a former employee of the police force or fire department who had previously complied with the provisions of this chapter and whose name is on the reemployment list. No examination, other than a physical examination as directed by the Commission, shall be required in a case of reappointment or reinstatement to the force or department with which the employee previously served, except at the direction of the appointing authority or as otherwise required by law.

Whenever the name of a candidate on the certified list is certified to the appointing authority, he or she shall be notified by certified mail, return receipt requested. The notice of certification shall also include the entrance rate of pay, the title of the position, and the name and address of the appointing authority. The notice shall also state that, unless within five days after receipt of such notice the candidate notifies the Secretary of the Commission that he or she is available for appointment, the candidate shall be considered as having withdrawn from consideration for appointment to the vacant position. If the candidate does not give satisfactory reasons for his or her failure to report, the candidate name shall be removed from the certified list or reemployment list.

Appointment.

Designations.

When the appointing authority determines which of the certified candidates shall be appointed to fill an original vacancy in the police force, the appointee shall be designated as a trainee police officer and shall be sent to the appropriate service academy for training if he has not already completed such a program. If the trainee successfully completes the course of training at the academy, the trainee shall be appointed to the position as a probationary officer for a probationary period as provided in Subsection D(2), which shall commence when the trainee is sworn in as a probationary officer. Any trainee that fails the course of training at the academy shall be rejected and will not be considered any further for employment.

When the appointing authority determines which of the certified candidates shall be appointed to fill a paid firefighter vacancy, the appointee shall be designated as a trainee firefighter and shall be sent to the fire academy at the earliest possible date allowed by staffing and space at the academy. If the trainee successfully completes the course of training at the academy, the trainee shall be appointed to the position as a probationary firefighter for a period as provided in Subsection D(2), which shall commence when the trainee is sworn in as a probationary firefighter. Any trainee that fails the course of training at the academy shall be rejected and will not be considered any further for employment.

All original appointments to any position in the police force or as a paid firefighter shall be for a probationary period of 12 months, but during the probationary period an appointee may be dismissed only for a cause specified below wherein the probationary employee:

Has an addiction to the habitual use of intoxicating liquors or narcotic drugs;

Has been found guilty of any crime involving moral turpitude or infamous or notoriously disgraceful conduct;

Has been dismissed from public service for delinquency or misconduct in office;

Is affiliated with any group whose politics or activities are subversive to the form of government set forth in the Constitution and laws of the United States and Commonwealth of Pennsylvania; or

For any other cause specified in the enabling act or § 28-8 of this chapter.

If at the close of the probationary period the conduct or fitness of the probationer has not been satisfactory to the appointing authority, the probationer shall be notified in writing that he or she will not receive a permanent appointment. A copy of such notification shall be supplied to the Secretary of the Commission. Thereupon, the probationer's appointment shall cease. However, his or her retention shall not become a permanent appointment until the probationer becomes a sworn officer.

The appointing authority may object to any person who has been certified for any of the reasons stated in § 28-5R of this chapter. If the objection is sustained by the Commission as provided for in § 28-5R of this chapter, notice shall be sent by certified mail, return receipt requested, to the person against whom the objection was sustained. The name of such person shall be stricken from the list and the next highest name on the eligible list shall be certified as required by law.

Appointment.

If it does not object to any of the persons certified by the Commission, the appointing authority shall appoint one of the three persons. If any of the persons certified by the Commission is a veteran, then the appointment shall be made with preference being given to the veteran.

The names of those not selected shall remain on the certified list until:

They have been passed over three times by the appointing authority.

The life of the current eligible list has expired or been terminated.

§ 28-7 Promotions.

Promotions shall be based on merit to be ascertained by a written test and an oral test to be prescribed by the Commission. All questions relative to promotions shall be practical in character and such as will fairly test the merit and fitness of persons seeking promotion, in accordance with the minimum requirements for each position specified in § 28-5G.

The appointing authority shall have the power to determine in each instance whether an increase in salary shall constitute a promotion. Unless otherwise determined by the appointing authority, no increase in salary without a change to a higher position or grade shall constitute a promotion.

Promotions shall be from grade to grade and made upon voluntary and competitive examination limited to members of the next lower grade.

Police officers who have a minimum of five years of service shall be eligible to take the test for promotion to the rank of Sergeant of Police.

Sergeants of Police who have a minimum of two years of ranking service shall be eligible to take the test for promotion to the rank of Lieutenant.

Lieutenants who have a minimum of two years of supervisory service (which would include service as a Sergeant) with the Department shall be eligible to take the test for promotion to the rank of captain.

[Amended 12-20-2006 by Ord. No. 2961]

Firefighters who have a minimum of five years of service shall be eligible to take the test for promotion to the rank of Captain.

A firefighter bargaining unit member who meets the requirement of Deputy Chief as outlined in the job description, which includes, but is not limited to, a minimum of 10 years of service in the Upper Darby Township Fire Department and a minimum of five years' experience as a bargaining unit Captain, shall be eligible to take the test for promotion to the position of Deputy Chief.

[Amended 4-18-2012 by Ord. No. 3001]

Promotional exam.

The promotional examination will consist of a written test and an oral test. Each will be scored on a basis of 100 points, and the passing grade for each will be 70 points. An applicant for promotion must get a passing grade on the written test in order to be eligible to take the oral test. The applicant must also get a passing grade on the oral test in order to be eligible to be considered for promotion. The written test will be weighted for 60% of the final grade and the oral test weighted for 40% of the final grade. This combined weighted grade will be the score for this portion of the examination. In order to be considered for promotion, an applicant will have to have at least a combined weighted score of 70.

The Commission shall certify all candidates that have passing scores on both the written and oral tests as eligible for promotion and shall prepare a list in the order of the scores from highest to lowest from which the appointing authority shall determine who shall be promoted.

The appointing authority shall also consider each candidate's experience, in-service police training record and service ratings in determining who shall be promoted.

A certificate of fitness, issued by the Commission's physician, shall be required for all candidates for promotion. The cost of this physical examination shall be paid by the Township.

The promotional list shall remain in effect for a period of up to two years from the date the list is prepared, but the Commission may, at its discretion, terminate the promotional list earlier and schedule a new written examination.

Service ratings.

When promotional examinations are to be given, the Superintendent of Police shall submit, upon forms provided by the Commission, service ratings of all candidates for promotion. The factors and methods shall be the same for all police officers of the same grade and shall bear a fair relationship to the duties and responsibilities of the police officers to be rated.

When promotion examinations are to be given, the Fire Chief shall submit, upon forms provided by the Commission, service ratings of all candidates for promotion. The factors and methods shall be the same for all firefighters of the same grade and shall bear a fair relationship to the duties and responsibilities of the firefighters to be rated.

Military leave of absence.

A police officer or paid firefighter shall automatically be granted a military leave of absence if the police officer or paid firefighter:

Enlists in the active military service of the United States in time of war or armed conflict or emergency proclaimed by the Governor or the President of the United States;

Is drafted at any time into the active military service of the United States;

Is a member of a reserve component of the armed forces and is called or ordered to active duty; or

Is a member of the Pennsylvania National Guard and is ordered to active state duty or special state duty by the Governor or his designee.

Any police officer or paid firefighter who is granted a military leave of absence shall have the right to return to his employment at any time prior to the expiration of his or her military leave of absence with such status in his or her employment as he or she would have enjoyed if he or she had continued in such employment continuously from the time of entrance into the armed forces until the time of restoration to such employment.

Any employee applying for reemployment at the conclusion of military service shall be eligible for reinstatement in accordance with the then existing state and federal veterans' reemployment laws.

§ 28-8 Removals and suspensions.

Reasons for removal.

No person employed as a police officer or fire-suppression staff member shall be suspended, removed, or reduced in rank, except for the following reasons:

Physical or mental disability affecting the person's ability to continue the service, in which case the person shall receive an honorable discharge from service;

Neglect or violation of any official duty;

Violation of any law of this Commonwealth which provides that such violation constitutes a misdemeanor or felony;

Inefficiency, neglect, intemperance, a disobedience of orders or conduct unbecoming an officer;

Intoxication while on duty;

Engaging or participating in conducting of any political or election campaign otherwise than to exercise his or her own right of suffrage;

(g)

Violation of any written rule, regulation or procedure set forth by the Mayor or Council and/or inefficiency, neglect or disobedience of any ordinance.

A police officer or member of the fire-suppression staff shall not be removed for religious, racial or political reasons.

The appointing authority, or Superintendent of Police or Police Captain, or Fire Chief or Deputy Chief, as may be appropriate, when the appointing authority is not available, shall have power to suspend any member of the police force or a paid firefighter for any of the reasons stated in § 28-8A without pay, pending determination of charges against that person.

A written statement of all charges made against any person so employed shall be furnished to such person within five days after the same are filed with the Commission. If a person so charged requests a hearing, the Commission shall hold the hearing within a period of 10 days from the filing of charges in writing unless continued by the Commission for cause at the request of the appointing authority or the accused.

Hearing.

In the event the person sought to be suspended, reduced in rank, or removed demands a hearing by the Commission, such hearing shall be held in accordance with the procedures set forth in the Pennsylvania Local Agency Law, 2 Pa.C.S.A. §§ 551 to 555 and 751 to 754.

The Commission shall communicate its decision to the responsible appointing authority. The Commission may at its discretion:

Dismiss the charges as preferred and order the reinstatement of the employee to his position with full pay for the period of suspension, removal or demotion. No order of suspension made by the Commission shall be for a longer period than one year.

Uphold the charges as preferred and order the action sought by the appointing authority.

In the event the Commission shall sustain the charges and order the suspension, removal or reduction in rank, the person suspended, removed or reduced in rank shall have immediate right of appeal to the Court of Common Pleas of Delaware County, and the case shall there be determined as the court deems proper. Such appeal shall be taken within 30 days from the date of entry by the Commission of its final order and shall be by petition.

Resignations of permanent employees shall be made in writing and signed by the persons separating from service. A copy must be given to the Commission. Employees separating who refuse to file written resignations shall thereby be deemed to have forfeited any rights to reinstatement.

If for reasons of economy or other reasons it shall be deemed necessary by the Township to reduce the number of paid employees of the police or fire force, then the Township shall apply the following procedure: