[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 All rules so prepared may, from time to time, be added to, amended or repealed.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
(i)
Any criminal offense.
[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.
