Borough of Danville, PA Article V Certification of List of Eligibles; Appointment

§ 16-36 Eligibility list and manner of filling appointments.

A. At the completion of the testing process, including any physical agility or other examination, with the exception of any background investigation to be conducted after the establishment of an eligibility list and physical and psychological medical examination pursuant to § 16-39, the Commission shall rank the candidates who have satisfied the minimum requirements for appointment on an eligibility list. The eligibility list shall contain the names of individuals eligible for appointment listed from highest to lowest based on their scores on the examinations administered by the Commission and any points for which the applicant was entitled by virtue of 51 Pa.C.S.A. Ch. 71 (relating to veterans' preference). The eligibility list will be valid for one year from the date the Commission formally adopts the eligibility list. Prior to expiration of the one-year period, the Commission may extend the validity of the eligibility list for up to an additional 12 months by a majority vote of the Commission at a duly authorized Commission meeting. In the absence of a lawful extension by the Commission, the list shall expire. The Commission may, at its sole discretion, void an eligibility list at any time for any reason.

B. Except as provided in § 16-37, every original position or employment in the police force, except that of Chief of Police, shall be filled only in the following manner: The Borough Council shall notify the Commission of any vacancy which is to be filled and shall request the certification of an eligibility list. The Commission shall certify, for each existing vacancy from the eligibility list, the names of the three persons, or a lesser number where three are not available, who have received the highest average. The Borough Council shall make a conditional appointment from the three names certified, based solely on the merits and fitness of the candidates, unless the Borough Council makes objections to the Commission regarding one or more of the certified persons for any of the reasons stated in § 16-21. Should the objections be sustained by the Commission, as provided in § 16-21, or if the conditional appointee is determined to be unqualified in accordance with the procedures set forth in § 16-39, the Commission shall strike the name of the person from the eligibility list and certify the next highest name for each name stricken from the eligibility list. As each subsequent vacancy occurs in the same or another position, precisely the same procedure shall be followed.

C. For promotional positions, fulfilling the performance requirement set forth in § 16-20 is also required. In the case of tied scores, the tie will be broken by giving preference to the applicant who submitted a final completed application first. If both tied applicants submitted their complete applications on the same day, then the applicants shall be ranked in alphabetical order by surname.

§ 16-37 Appointment.

Any vacancy in an existing position in the police force which occurs as a result of retirement, resignation, disability or death may be filled by the Borough Council by the reappointment or reinstatement of a former employee of the police force who had previously complied with the provisions of this article. No examination, other than a physical examination as directed by the Civil Service Commission, shall be required in any case of reappointment or reinstatement.

§ 16-38 Appointment of Chief of Police.

In the case of a vacancy in the office of Chief of Police, the appointive power may nominate a person to the Commission. It shall then become the duty of the Commission to subject the person to a noncompetitive examination, and if the person shall be certified by the Commission as qualified, he may then be appointed to the position, and shall be subject to all the provisions of this chapter.

§ 16-39 Physical and psychological medical examination.

A. An applicant selected from the eligibility list shall receive a conditional offer of employment. The offer of employment shall be conditioned upon the conditional appointee undergoing a physical and psychological medical examination and a determination that the conditional appointee is capable of performing all the essential functions of the position. Physical medical examinations shall be under the direction of a physician or other qualified medical professional. Psychological medical examinations shall be under the direction of a psychiatrist or psychologist.

B. The physician or other qualified medical professional and the psychiatrist or psychologist shall be appointed by the Borough Council and shall render an opinion as to whether the conditional appointee has a physical or mental condition which calls into question the person's ability to perform all of the essential functions of the position for which the person was conditionally appointed.

C. If the opinion rendered by the physician, other qualified medical professional, psychiatrist or psychologist calls into question the conditional appointee's ability to perform all essential functions of a position, a person designated by the Borough Council shall meet with the conditional appointee for the purpose of having one or more interactive discussions on whether the conditional appointee can, with or without reasonable accommodation, perform all the essential functions of the position.

D. If, at the conclusion of the interactive discussion under Subsection C, the Borough Council determines that the conditional appointee is not qualified, the Borough Council shall give written notice to the conditional appointee and the Commission.

E. Physical or psychological medical examinations prior to conditional appointment shall not be required prior to condition of appointment with the exception of physical agility testing requirement of § 16-33.

F. As used in this section, the following definitions shall apply:

MEDICAL EXAMINATION

Any examination, procedure, inquiry or test designed to obtain information about medical history or a physical or mental condition which might disqualify an applicant if it would prevent the applicant from performing, with or without a reasonable accommodation, all of the essential functions of the position.

PHYSICIAN

Shall have the meaning given to it in 1 Pa.C.S.A. § 1991 (relating to definitions).

QUALIFIED MEDICAL PROFESSIONAL

An individual, in collaboration with or under the supervision or direction of a physician, as may be required by law, who is licensed:

(1) As a physician assistant pursuant to the Act of December 20, 1985 (P.L. 457, No. 112), known as the "Medical Practice Act of 1985,"[1] or the Act of October 5, 1978 (P.L. 1109, No. 261), known as the "Osteopathic Medical Practice Act"[2]; or

(2) As a certified registered nurse practitioner pursuant to the Act of May 22, 1951 (P.L. 317, No. 69), known as "The Professional Nursing Law."[3]

[1] Editor's Note: See 63 P.S. § 422.1 et seq.

[2] Editor's Note: See 63 P.S. § 271.1 et seq.

[3] Editor's Note: See 63 P.S. § 211 et seq.

§ 16-40 Probationary period.

All original appointments to any position in the police force shall serve a twelve-month probationary period, but during the probationary period an appointee may be dismissed only for a cause specified in § 16-21 or because of incapacity for duty due to the use of alcohol or drugs. If at the close of a probationary period the conduct or fitness of the probationer has not been satisfactory to the Borough Council, the probationer shall be notified in writing that the probationer will not receive a permanent appointment, and the appointment shall cease. If the probationer is not notified or dismissed in accordance with this section, the probationer's retention shall be equivalent to a permanent appointment. The decision of a borough to suspend or discharge a probationer shall be final and shall not be subject to the hearing provisions of § 16-44.

§ 16-41 Provisional appointments.

Whenever there are urgent reasons for the filling of a vacancy in any position in the police force and there are no names on the eligibility list for the appointment, the Borough Council may nominate a person to the Commission for noncompetitive examination, and if the nominee shall be certified by the Commission as qualified after noncompetitive examination, the nominee may be appointed provisionally to fill the vacancy. Within three weeks of the provisional appointment, the Commission shall hold a competitive examination and certify an eligibility list, and a regular appointment shall then be made from the name or names submitted by the Commission, provided that nothing in this section shall prevent the appointment, without examination, of persons temporarily as police officers in cases of riot or other emergency cases.

§ 16-42 Promotions.

A. Promotions shall be based on merit to be ascertained by examinations to be prescribed by the Commission. All questions relative to promotions shall be practical in character and will fairly test the merit and fitness of persons seeking promotion. The Borough Council shall notify the Commission of a vacancy in the police force which is to be filled by promotion and shall request the certification of an eligibility list. The Commission shall certify for each vacancy the names of three persons on the eligibility list who have received the highest average in the last preceding promotional examination held within a period of two years preceding the date of the request for the eligibility list. If three names are not available, the Commission shall certify the names remaining on the eligibility list. The Borough Council shall make an appointment from the names certified, based solely on the merits and fitness of the candidate, unless the Borough Council makes objections to the Commission regarding one or more of the persons so certified for any reason provided under § 16-21.

B. The Borough Council shall have power to determine in each instance whether an increase in salary shall constitute a promotion.