Each person desiring to apply for examination shall file with
the Commission a formal application in which the applicant shall provide
the following information, under oath or affirmation that the application
is completed truthfully, and the applicant is subject to the penalties
of 18 Pa.C.S.A. § 4904 relating to unsworn falsification
to authorities.
A.
Full name and residence or post office address;
B.
Citizenship and place and date of birth;
C.
Condition of health and physical capacity for public service;
D.
Business or employment and his residence for the past five years;
and
E.
Other information as may be required by the Commission's rules
and regulations, showing the applicant's qualifications for the
position for which the applicant is being examined.
The Borough of Danville is an equal opportunity employer. It
is the Borough's and the Commission's policy to grant equal
employment opportunities to qualified persons without regard to race,
religion, color, national origin, gender, age, veteran status, marital
status or non-job-related physical or mental handicap or disability.
The Borough and the Commission will provide equal opportunities in
employment and promotion.
Application forms shall be available to all interested persons
at the Danville Police Department. Application forms may be mailed
upon written or telephone request. However, the Commission assumes
no responsibility for missed filing deadlines due to a delay in the
mail.
No person shall be eligible to apply for examination unless
the person is at least 21 years of age at the date of application.
An applicant need not be a resident of the Borough. The Borough Council
of the Borough may authorize the Commission, by rule or regulation,
to require police officers to become residents of the Borough after
appointment to the positions.
Every applicant for any position in the Police Department shall
possess a diploma from an accredited high school or a graduate equivalency
diploma. In addition, every applicant must be a United States citizen,
be physically and mentally fit to perform the full duties of a police
officer, and, prior to appointment, possess a valid motor vehicle
operator's license issued by the Commonwealth of Pennsylvania.
Applicants subject to any of the following shall be disqualified:
A.
Criminal conviction of a misdemeanor 1 or higher, or offense in another
jurisdiction that would be equivalent to a misdemeanor 1 or higher,
if the offense occurred in the State of Pennsylvania.
B.
Criminal behavior admitted by the applicant that would constitute
a misdemeanor 1 or higher, regardless of arrest or conviction, excluding
behavior admitted with an acceptable explanation.
C.
DUI conviction, not resulting in ARD, excluding conviction with acceptable
explanation.
D.
Any violation of the Uniform Firearm Act, Brady Law and any other
federal law and amendment prohibiting possession of a firearm, admitted
by the applicant, and regardless of arrest or conviction.
E.
Domestic violence resulting in judicial determination of guilt of
domestic violence against spouse, significant other, child or other
family member. Stipulation with no admission shall not be considered
judicial determination of guilt.
F.
Excessive use of marijuana over the applicant's lifetime, or
any use within a one-year period prior to filing application.
G.
Use of Schedule I controlled substances and nonprescribed Schedule
II substances, excluding marijuana, as listed in the Health and Safety
Act, within a five-year period prior to filing application. (Example:
Including, but not limited to: cocaine, heroin, MDMA (Ecstasy), gamma-hydroxybutyric
acid (GHB), LSD, methamphetamine, OxyContin®.)
H.
Any use of nonprescribed steroids (Schedule III) within a three-year
period prior to filing application.
I.
Any sale, delivery or manufacturing of a controlled substance graded
as a misdemeanor 1 or higher, admitted by the applicant and regardless
of arrest or conviction.
J.
Failure to pass a drug screen test, excluding failure with acceptable
explanation. (Example: prescribed substances in system with valid
prescription.)
K.
Dishonorable discharge from military service.
L.
Failure to appear for any portion of the testing process.
A.
In addition to meeting the qualifications in § 16-19 above, all applicants for a promotional position, except Chief, shall have not been suspended without pay for more than five days in the three years prior to the deadline for submitting applications. Any suspension to which the applicant has timely appealed pursuant to a contractual grievance procedure or these rules shall be disregarded unless the appeal is resolved prior to the creation of the eligibility list.
B.
All applicants shall have continuous prior service with the Police
Department of Danville as follows:
A.
The Commission may refuse to examine, or, if examined, may refuse
to certify after examination as eligible, any applicant who is found
to lack any of the minimum qualifications for examination prescribed
in the rules and regulations adopted for the position or employment
for which he has applied, or who is physically unfit for the performance
of the duties of the position to which he seeks employment, or who
is illegally using a controlled substance, as defined in Section 102
of the Controlled Substances Act (Public Law 91-513, 21 U.S.C. § 802),
or who has been guilty of any crime involving moral turpitude, or
of infamous or notoriously disgraceful conduct, or who has been dismissed
from public service for delinquency or misconduct of office, or who
is affiliated with any group whose policies or activities are subversive
to the form of government set forth in the Constitutions and laws
of the United States and Pennsylvania.
B.
If the medical examiner shall deem any applicant to be medically
or psychologically unfit for the performance of the duties of a police
officer because of any bodily or mental defect, a person designated
by the appointing officer shall meet with the applicant for the purpose
of having one or more interactive discussions on whether the applicant
can, with or without reasonable accommodation, perform all the essential
functions of the position. If, at the conclusion of the interactive
discussion, the appointing officer determines that the applicant is
unfit, the appointing officer shall give written notice to the applicant
and the Borough Council, and said applicant shall be rejected and
removed from the eligibility list for either hiring or promotion.
C.
If any applicant is aggrieved by the refusal of the Commission to
certify the applicant as eligible after examination, or a person is
aggrieved by refusal of the Commission to examine the person, the
Commission shall, at the request of the applicant or person aggrieved,
within 10 days, appoint a time and place for a public hearing. At
the hearing, the applicant or person aggrieved may appear with or
without counsel, and the Commission shall take testimony and review
its refusal to provide examination or certification. The deliberations
of the Commission, including interim rulings on evidentiary or procedural
issues, may be held in the nature of a closed executive session. The
Commission's disposition of the matter shall constitute official
action which shall occur at a public meeting held pursuant to 65 Pa.C.S.A.
Ch. 7 (relating to open meetings). The decision of the Commission
shall be final.
Applications for positions in the Police Department shall be
received at the Danville Police Department only after a hiring or
promotional test has been properly advertised and before the deadline
for receiving applications, which must be set forth in the public
advertisement. Applications will be received by the municipal officer
designated in the public advertisement or that officer's designee.
That person shall record the receipt of all applications and provide
each applicant with notice of the time and place for the first portion
of the testing procedure, the written examination. Any application
containing material errors or omissions may, at the discretion of
the Commission, be returned to the applicant for correction prior
to the deadline for filing applications, after which no new applications
or amended applications will be accepted.
Any applicants or other persons who believe that they are aggrieved
by the actions of the Commission in refusing to examine or to certify
them as eligible after examination may request a hearing before the
Commission. Within 10 days after such request, the Commission shall
designate a time and place for the hearing, which shall be conducted
pursuant to the procedures set forth in the Local Agency Law, 2 Pa.C.S.A.
§ 551 et seq. The applicant or aggrieved party must make
his request for a hearing in writing within 10 calendar days of the
date when the party knew or should have known of the Commission's
action which is being challenged.
The Commission shall conspicuously post in the Borough Building
an announcement of the hiring or promotional testing and set forth
the time and place of every examination, together with the information
as to the type of position to be filled, the requirements for that
position, where applications may be obtained, and the deadline for
filing those applications. In addition, at least two weeks prior to
the close of the application period, publication of the notice shall
occur in at least one newspaper of general circulation or a newspaper
circulating generally in the Borough.
