[Ord. 1-1971 § 1, passed 1-6-1971]
As used in this article:
(a) BOARD — The Police Initiative and Tenure Board of Erie, Pennsylvania.
(b) BOARD MEMBERS — The members of the Board which are designated
as follows:
(1)
The Regional Director of the Pennsylvania Crime Commission.
(2)
The Chief of Police of the City of Erie.
(3)
The District Attorney of the County of Erie or an Assistant
District Attorney designated by him.
(4)
The President of Gannon College, Erie.
(5)
The ranking officer of the Pennsylvania State Police stationed
in Erie County.
(6)
A psychologist designated by the President of Edinboro State
Teachers College.
(7)
One member appointed by the Mayor with the concurrence of the
majority of Council.
If any of the above appointees is unwilling or unable to serve,
another individual of similar capacity shall be appointed in his place
by the remaining members of the Board.
|
(c) OFFICER or EMPLOYEE — A person holding an office or position
of employment in the classified service, whether permanent or temporary,
who is paid from public funds.
(d) POSITION — An office of employment as used in this article.
(e) RELEASE — Release of the City of Erie as a municipal organization.
(f) CONTINUOUS SERVICE — Service not interrupted by resignations,
dismissals or layoffs.
The masculine noun or pronoun includes the feminine.
[Ord. 1-1971 § 2, passed 1-6-1971]
The Board shall act as an administrative agency supervising
and overseeing the testing and grading of all nonexempt police officers
of the City who are nonexempt under the provisions of this article,
for the purpose of promotions. The Board shall have the authority
to retain a professional testing service for the preparation and grading
of the tests involved. The Board shall additionally have the authority
to hold hearings concerning suspensions and demotions subject to the
provisions of this article, the Third Class City Code and the Optional
Third Class City Code.
The Board shall prescribe, amend and enforce rules and regulations
for carrying into effect the provisions of this article. All rules
so prepared may, from time to time, be added to, amended or repealed.
All rules and amendments thereto or rescissions thereof shall be approved
by the Mayor and Council before they go into effect.
[Ord. 1-1971 § 3, passed 1-6-1971]
Meetings of the Board shall be held at the office of the Board
at the call of the President or any four members and written notice
of the date, time, place and object of the meeting shall be mailed
to each member by the Secretary, at least five days prior to the meeting.
A majority of the Board present at any meeting, for which such notice
has been given, shall constitute a quorum for the transaction of business.
However, any proposed amendment to the rules of the Board shall be
spread upon the minutes and action thereof postponed for at least
one week and each member immediately notified in writing by the Secretary
of the substance of such proposed amendment and the time and date
fixed for its final consideration.
[Ord. 1-1971 § 4, passed 1-6-1971]
No amendment to the rules of the Board shall be adopted at the
same meeting at which it is proposed, and no final action shall be
taken on any amendment less than seven days after it is proposed.
[Ord. 1-1971 § 5, passed 1-6-1971]
An employee in the classified service is encouraged to exercise
his franchise as a citizen and to cast his vote in accordance with
his conscience and political belief. However, no member of the classified
service shall either solicit or receive any contribution, subscription
or service while in uniform or on duty, from any person for any political
purpose.
[Ord. 1-1971 § 6, passed 1-6-1971]
Nothing in this article shall be construed to limit the power
of the Mayor or the Director of the Department of Public Safety to
issue and enforce reasonable personnel rules not in conflict with
the Third Class City Code, the Optional Third Class City Code or this
article.
[Ord. 1-1971 § 7, 8, passed 1-6-1971]
Council hereby fixes the following positions in the City service
as the offices of employment under the classified service, as well
as the offices of Chief and Inspectors, within the Bureau of Police:
1 Chief
|
4 Inspectors
|
5 Captains
|
12 Lieutenants
|
14 Sergeants
|
30 Detective Sergeants
|
4 Radio Technicians
|
144 Patrolmen
|
The total complement shall be 214.
|
[Ord. 1-1971 § 9, passed 1-6-1971]
Changing the compensation of any position in the classified
service, whether by ordinance or otherwise, shall not affect the tenure
of the incumbent of such office unless in the opinion of the Board
such change shall also involve a change in duties requiring a different
examination.
[Ord. 1-1971 § 10, passed 1-6-1971]
Application for positions shall be filed upon forms furnished
by the Board and applicants must comply with the requirements of the
forms in every respect.
[Ord. 1-1971 § 11, passed 1-6-1971]
Every applicant shall be of sound health and physically able
to perform the duties of the position he applies for. The Board shall
require an investigation to establish or confirm evidence of fitness
of applicants. The burden of establishing facts relating to fitness
rests upon the applicant.
[Ord. 1-1971 § 12, passed 1-6-1971]
The general scope of all examinations shall include the subjects
upon which applicants are to be examined with weight given to each
subject by the Board to represent its value in determining a general
average. The subjects of examination may include duties of positions,
educational tests, personality or psychological tests, courtesy and
discipline tests, reports, discussions or theses, statements of experience,
tests of knowledge of civil government, tests of knowledge of the
City, tests of knowledge of laws and ordinances, ascertained merit
or efficiency, seniority of service, medical examinations, physical
tests or any or all of them, and such subjects may be given in the
form of a written or oral test, an ocular demonstration or any or
all of them according to the schedules of subject set forth in the
published notices of examinations.
[Ord. 1-1971 § 13, passed 1-6-1971]
Each subject of examination shall be rated independently on
a scale of 100. The rating of each subject shall be multiplied by
the weight assigned to each subject. The resulting product shall be
added and the total product divided by the total weights of all subjects
in the examination. The resulting quotient is the general average
which shall determine the order in which the name of the eligible
applicant shall appear upon an eligibility register. Failure to pass
the medical or physical examination where such is required shall be
sufficient cause to reject the candidate for the entire examination.
[Ord. 1-1971 § 14, passed 1-6-1971]
The following point schedule shall determine promotion to all
ranks other than Chief of Police, Inspector of Police, Corporal and
Detective:
Written examination
|
20 points maximum
|
Oral examination
|
45 points maximum
|
Seniority
|
1 point per year of continuous service in the Bureau of Police;
20 points maximum
|
Time in grade
|
1 point per year as a noncommissioned or commissioned officer;
5 points maximum
|
College credits
|
3 points for every 30 college credits; 12 points maximum
|
Police related courses except as hereinafter provided
|
1 point for every 15 hours of class instruction in approved
courses which shall be cumulative; no maximum
|
Northwestern University Police Institute
|
6 points
|
F.B.I. Academy
|
2 points
|
Pennsylvania State Police Academy
|
1 point
|
Distinguished Service Medal
|
5 points maximum
|
Valor Medal of Honor
|
5 points maximum
|
Efficiency rating
|
20 points maximum
|
Point loss
|
1 point to be deducted from applicant's score for the aggregate
of every 4 days suspended during his employment in the Bureau of Police.
How ever, an applicant shall be allowed the elimination of 2 days
suspension for each subsequent year of suspension free duty.
|
Each police officer shall receive retroactively and prospectively,
the number of points for police related courses or other courses or
college credits as outlined above which have been or are successfully
completed. The costs of the courses will be paid by the City when
attendance is approved by the Director of the Department of Public
Safety if the individual provides evidence that a passing grade has
been achieved and/or the course has been completed in the case of
police related courses where grades may not be offered.
|
Examples of police related courses are:
|
Constitutional Law
|
Statutes and Case Law of Pennsylvania
|
Police Patrol
|
Criminal Investigation
|
Police Supervision
|
Police Administration (including Public Relations, Planning
and Personnel)
|
Police Practices (including traffic direction, accident investigation,
handling Interpreting Police Table and Texts
|
Legal Education (including evidence, arrest, search and seizure
and criminal law and procedure)
|
Criminal Investigation (including general techniques, investigative
judgment,
|
[Ord. 1-1971 § 15, passed 1-6-1971]
An efficiency rating for each member of the Bureau of Police
in their respective divisions shall be evaluated every year by the
Deputy Chief of Police of such division, except the Chief of Police
shall evaluate those members who come under the direct supervision
of the Chief.
The efficiency rating shall be submitted to the officer concerned
and a conference held with that individual by the evaluating officer
prior to submission of the rating to the Chief of Police.
If the individual rated disagrees with the efficiency rating
given him by his superior, he may appeal in writing, within 30 days
of his receipt of such rating, to the Inspector of the division involved.
The Inspector's decision on the appeal shall be resolved within
10 days. An appeal on the efficiency rating of a commissioned officer
shall be forwarded to the Chief of Police within 30 days of its receipt
and the decision of the Chief of Police shall be resolved on appeal
within 10 days.
[Ord. 1-1971 § 16, passed 1-6-1971]
Eligibility registers shall be compiled from the averages computed according to the provisions of Sections
133.12 and
133.13. No person's name shall be entered on an eligibility register whose general average from an examination is less than 70% of complete proficiency in the subjects of examination taken as a whole. The names of eligible applicants shall be entered upon registers in the order of their average percentage, except when two or more eligible applicants have the same average percentage, priority in time of filing of their applications shall determine their respective standing.
All eligibility registers shall be posted as a public record
in the office of the City Clerk.
[Ord. 1-1971 § 17, passed 1-6-1971]
Any person who, at any examination or in any document signed
or furnished by him for or in connection with any examination by himself
or in cooperation with one or more persons makes any false representation
regarding himself or any of the applicants, or by impersonating anyone
else or by allowing anyone else to impersonate him, or in cooperation
with one or more persons, makes any false representation regarding
himself or any of the applicants, or who obtained, or who uses or
aids someone else in using any memorandum, printed or written, whereby
an advantage is obtained over other competitors at such examination,
shall, upon such finding of the Board, after having had a chance to
be heard in his own defense, either be reduced to the rank of patrolman
and be ineligible for examination for a period of five years from
the date of such finding or be dismissed from the service.
[Ord. 1-1971 § 18, passed 1-6-1971]
Each applicant will be notified of the result of his examination
by the Secretary of the Board by mail within 30 days from the date
of examination. If the applicant failed to obtain an average of 70%,
his notice shall read to that effect. If his average exceeds 70% and
he meets all other requirements of the Board, he shall receive notice
of his grade and that his name has been placed on the eligibility
list and of his standing on such list.
[Ord. 1-1971 § 19, passed 1-6-1971]
All candidates shall be entitled to inspect their written examination
papers in the office of the Secretary of the Board during business
hours upon written application to the Board within 30 days of notification
to the applicant of the results of the examination concerned. Examination
papers shall not be available to the general public.
[Ord. 1-1971 § 20, passed 1-6-1971]
No applicant in any examination shall be disqualified by reason
of wounds or injury received in the military service of the United
States providing that the Board finds that the appointment of such
applicant will not be prejudicial to the service nor to the duties
of the position to which such appointment is sought. In all cases
the applicant must substantiate his claim as to the manner and character
of his wound or injury and his capacity to do the work required by
the position sought to the satisfaction of the Board.
[Ord. 1-1971 § 21, passed 1-6-1971]
When an officer or employee has been injured in the performance
of his duties, such injury shall not disqualify him from promotion
or advancement to a higher rank or class, providing that the head
of the department in which such injuries were received certifies to
the nature of the same, that they were received in the line of duty
and that the head of the department to which promotion is being sought
certifies that the promotion or advancement would not be prejudicial
to the best interest of the service nor to the requirements of the
position to which promotion is being sought subject, however, to the
approval of the Board.
[Ord. 1-1971 § 22, passed 1-6-1971]
Whenever a vacancy is to be filled in the classified service
the Chief of Police, within 30 days of the creation of such a vacancy
shall make a requisition, upon a form prescribed by the Board, for
the certification to him of the name of an eligible applicant. The
Board shall, unless the position is to be filled by reinstatement,
certify to the Mayor, the names and addresses of the candidates standing
first, second and third upon the register for the class to which the
position belongs and one of these persons shall be appointed by the
Mayor.
[Ord. 1-1971 § 23, passed 1-6-1971]
An eligible applicant who has been certified or tendered reinstatement
may waive certification or reinstatement upon giving a reason satisfactory
to the Board without losing his place upon the eligibility register.
If the reasons assigned are not satisfactory to the Board, or the
eligible applicant refuses to accept a tendered appointment, then
his name shall be removed from the eligibility register.
All waivers shall be filed with the Board within five days from
the date of certification. In the absence of such waiver, an eligible
applicant shall be removed from the register and the next person certified
in his place. If within 30 days from the date of certification, the
eligible applicant so removed furnishes good and sufficient reason
satisfactory to the Board for his failure to report, he may be restored
to the end of the eligibility list. But in the absence of any such
excuse, his removal from the eligibility list at the expiration of
the 30 days shall be final.
[Ord. 1-1971 § 24, passed 1-6-1971]
In certifying to a requisition it shall be the duty of the Board
to inquire into the specifications of the position to be filled and
to consider its duties, responsibilities and qualifications. The Board
shall make certification from the list of eligible applicants which,
in its judgment, most nearly conforms to the requirements of the position.
[Ord. 1-1971 § 25, passed 1-6-1971]
Whenever a vacancy occurs in the classified service due to an officer or employee taking a leave of absence for enlistment or because he has been ordered into the military forces of the United States of America, the Board may fill such vacancy by temporary appointment of a person on an eligible list for the position, should such a list be in existence. The duration of any such appointment shall be for the period of the leave of absence, and for not more than 60 days thereafter. The leave of absence shall be automatically terminated by death or the discharge of the employee from the military service. Within 60 days of the termination of the leave of absence by honorable discharge, the officer or employee shall be restored to his position without a loss of seniority, provided he is otherwise eligible. The name of such temporary appointees shall be retained on the eligibility register subject to Section
133.16.
[Ord. 1-1971 § 26, passed 1-6-1971]
To prevent stoppage of public business or to meet extraordinary
exigencies the Mayor may make a temporary appointment to remain in
force not more than 30 days and only until a regular appointment can
be made under these rules. Any person whose name is on the eligibility
register for a position in the classified service may accept a temporary
appointment to a position in the classified service other than, or
including that, for which he was examined and is eligible, without
losing his place upon such register.
[Ord. 1-1971 § 27, passed 1-6-1971]
All persons appointed to or promoted in the classified service
shall be assigned to and perform the duties of the position to which
he is appointed or promoted. In case of an emergency an employee may
be temporarily assigned without extra pay to other than his regular
duties, but no such assignment shall be for a period of more than
60 days without the written consent of the Board.
[Ord. 1-1971 § 28, passed 1-6-1971]
It is incumbent upon applicants and persons whose names are
placed upon an eligibility register to notify the Board of any change
of address while they are applicants or awaiting reinstatement or
while their names remain on such register.
[Ord. 1-1971 § 29, passed 1-6-1971]
No name shall remain upon the eligibility register for more
than two years. However, if a person whose name is on the eligibility
register enlists or has been, or may be in the immediate future, ordered
into the military service, and his name is reached on the eligibility
register and because of such service or prospective service he is
unable thereby to accept the appointment, his name shall be retained
on the eligibility register and his eligibility extended for one year
after honorable discharge from the service or for the period of his
original eligibility, whichever is the longer.
[Ord. 1-1971 § 30, passed 1-6-1971]
No person shall be examined for promotion in the classified
service until he has served at least one year in the Erie Bureau of
Police in the rank from which promotion is sought. However, in the
initial examination, a person who has served in the grade of Sergeant
for a period of three years or more may take the examination for Lieutenant
and/or Captain. No person who is not a Class A patrolman or higher
shall be eligible.
[Ord. 1-1971 § 31, passed 1-6-1971]
Promotions in the classified service shall be made on the basis
of ascertained merit, examination and seniority in service. All examinations
for promotions shall be competitive among such members who have served
the next lower rank who desire to submit themselves to such examination.
In all cases where it is practicable, vacancies in a rank higher than
the lowest shall be filled by promotion.
Separate qualification tests shall be given for promotions to
or within the uniformed and investigation divisions.
An eligible candidate may take one test at no charge. Should
he elect to take more than one test he will be expected to reimburse
the City for the actual cost of the other test or tests.
[Ord. 1-1971 § 32, passed 1-6-1971]
If an employee's conduct falls below a desirable standard,
he may be subject to disciplinary action. Improper conduct subjecting
an employee to disciplinary action includes, but is not limited to:
(a) Failure to follow the orders of one's supervisor or department
head;
(b) Being absent from duty without permission or failure to report to
the supervisor or department head when absent;
(c) Being habitually absent or tardy;
(d) Failure to perform assigned duty in an efficient manner;
(e) Being wasteful of material, property or working time;
(f) Inability to get along with fellow employees so that performance
is hindered and not up to required levels;
(g) Drinking on duty or arriving on duty under the influence of alcohol
or narcotics;
(h) Conduct which is unbecoming a police officer; or
[Ord. 1-1971 § 33, passed 1-6-1971]
Suspensions shall be authorized and handed down for proven infractions of the departmental discipline code. Any authorized suspension shall be noted in the offending officer's service record and shall result in a loss of points as indicated in Section
133.13 when that officer is considered for promotion or demotion. Suspensions of more than one day but less than 11 days may be recommended by any immediate superior officer of the rank of Sergeant or higher, but may not be imposed without the approval of the Director of the Department of Public Safety.
A suspension of more than three days or an accumulation of five
or more days of suspension in a sixty-day period may be appealed to
the Board within 30 days of the date of suspension. The Board shall
have the authority to overrule any suspension determined to be capricious
or unjust, to order the officer in question reinstated with or without
loss of pay and to order or not order the suspension removed from
the officer's service record. Any suspension in excess of 10
days shall be governed by the provisions of the Third Class City Code.
[Ord. 1-1971 § 34, passed 1-6-1971]
No officer or noncommissioned officer holding rank as a result
of examination under this article shall be demoted without recourse
to a formal hearing by the Board after the demotion. The Board may
order the reinstatement of the officer with or without loss of pay
and the decision of the Board shall be final.
[Ord. 1-1971 § 35, passed 1-6-1971]
Charges for discharge shall be filed in writing with the Board
and shall state specifically the facts alleged to constitute the cause
for discharge. The Board shall investigate the charges and render
a report and recommendation thereto to Council. An employee in the
classified service may request, in writing to Council, an investigation
and hearing upon the charges as provided in the Third Class City Code.
[Ord. 1-1971 § 36, passed 1-6-1971]
The Board, upon notification of a request for investigation
and hearing, shall cause copies of the written charges to be served
personally upon the officer against whom charges are filed or shall
have the same mailed to his address as shown by the records of the
Board, and shall notify him of the time and place of investigation
of the charges. Investigations of charges or punishment may be broad
in their character and evidence may be heard upon any facts and circumstances
pertinent or applicable to such charges or punishment. No such investigation
shall be held less than five days after the serving or mailing of
notice.
[Ord. 1-1971 § 37, passed 1-6-1971]
The Board may, in its discretion, grant continuances of investigation
of charges at the request of the officer so charged, but in case any
such circumstance causes the postponement of a hearing beyond 30 days,
a waiver of salary during such continuance beyond the thirty-day period
shall be required.
[Ord. 1-1971 § 38, passed 1-6-1971]
The findings and decision of the Board following an investigation
of charges shall be preserved by the Secretary and notice of the findings
and decision shall be sent to the department head or employing officer
for enforcement.
[Ord. 1-1971 § 39, passed 1-6-1971]
Any employee who has resigned in writing may, within 30 days,
with the consent of and after investigation by the Director of the
Department of Public Safety and the Board, withdraw his resignation
and be restored to the position vacated if it is still vacant or filled
by a temporary employee. If the position is not vacant, he may, with
the consent of the Director of the Department of Public Safety and
the Board, have his name placed at the top of the eligibility list
for the class of position from which he resigned.
[Ord. 1-1971 § 40, passed 1-6-1971]
The Director of the Department of Public Safety may grant leaves
of absence to any officer who has been in the classified service for
not less than six months for such period as he sees fit not exceeding
one year. An immediate report of such leave of absence and the reasons
therefor shall be made to the Board. No leave of absence shall exceed
one year, except as provided by other laws.
[Ord. 1-1971 § 41, passed 1-6-1971]
Upon the expiration of a leave of absence, an officer shall
report to the Director of the Department of Public Safety and be reinstated
in his former position, unless the position in the meantime has been
filled by certification from an eligibility register in which case
he shall be reinstated only when a vacancy in the position of the
same class, rank and character of work and approximate salary exists,
and in order of his seniority or certifications.
[Ord. 1-1971 § 42, passed 1-6-1971]
Whenever a vacancy occurs in any position of the classified
service, the Board shall, before any new certification is made from
an eligibility register, reinstate in the same class in which he was
formerly employed, any person who has been appointed under its rules
and who had been temporarily separated from the classified service,
and his seniority of service shall be governed by the date of his
original appointment, subject however, to re-examination if deemed
advisable by the Board.
[Ord. 1-1971 § 43, passed 1-6-1971]
Retirement from the Bureau of Police shall be mandatory at age
65 or at such age that the officer becomes eligible for full Social
Security benefits through either age or disability.
[Ord. 1-1974 § 44, passed 1-6-1971]
Whenever it becomes necessary through lack of work or funds
or for other good cause to reduce the force in any employment the
person who was last certified to such employment shall be the first
laid off. Persons laid off in accordance with the foregoing procedure
shall be entitled to have their names placed at the top of a reinstatement
list, according to the seniority of their certification. Such reinstatement
lists shall take precedence over eligibility lists.
[Ord. 1-1971 § 45, passed 1-6-1971]
When any office is abolished the incumbent of that office shall
be placed on a reinstatement eligibility list for such position should
the same be recreated within a period of two years. However, the abolishment
of any office filled by promotion shall constitute a demotion of such
incumbent to the next lower office then in existence.
[Ord. 1-1971 § 46, passed 1-6-1971]
After five years service, a police officer of any rank shall
be eligible for the departmental Distinguished Service Medal. Requirements
for this award include exemplary conduct during the nominee's
service tenure, the receipt of laudatory commendations from his superiors
or outside agencies he may have assisted and above average dedication
to and performance of his assigned duties. Nominations for the departmental
Distinguished Service Medal or the Medal of Honor shall be studied
by the Board, the nominee interviewed and the nomination approved
or rejected. Presentation shall be made by the Mayor.
A police officer of any rank or tenure shall be eligible for
the departmental Medal of Honor. It shall be conferred for conspicuous
acts of personal bravery in the performance of duties. Nominations
for the departmental Medal of Honor shall be studied by the Board,
the nominee interviewed and the nomination approved or rejected. Presentation
shall be made by the Mayor.
[Ord. 1-1971 § 47, passed 1-6-1971]
Selection of appointees to the FBI Academy or other special
courses financed by the City shall be confined to the commissioned
and noncommissioned officer ranks and shall be awarded to the commissioned
or noncommissioned officer who scores highest in the proficiency tests
related to the specific course to be attended; i.e., general police
procedure, investigation, traffic, etc.
[Ord. 1-1971 § 48, passed 1-6-1971]
Within one year of the enactment of this article (Ordinance
1-1971, passed January 6, 1971) all officers subject to classification
shall be examined for the grade they presently hold. Those receiving
a passing grade within two consecutive examining periods shall retain
their positions. An officer failing to receive a passing grade within
two consecutive examining periods shall be demoted to the next lowest
grade and shall be examined for this position within one year of his
demotion. If vacancies do not exist within that next lowest grade,
the individual may be assigned to a grade below that to which he would
have been assigned, but shall receive the salary of that position
to which he would have been assigned had a vacancy been existent.
[Ord. 1-1971 § 49, passed 1-6-1971]
The provisions of this article are severable and if any provision,
sentence, clause, section or part thereof is held illegal, invalid,
unconstitutional or inapplicable to any person or circumstance, such
illegality, invalidity, unconstitutionality or inapplicability shall
not affect or impair any of the remaining provisions, sentences, clauses,
sections or parts of the article or their application to other persons
and circumstances. It is hereby declared to be the legislative intent
that this article would have been adopted if such illegal, invalid
or unconstitutional provision, sentence, clause, section or part had
not been included therein and if the person or circumstances to which
the article or any part thereof is inapplicable had been specifically
exempted therefrom.