[Ord. 1272, passed 7-15-2002; amended 4-11-2022 by Ord. No. 1522]
A Town Personnel Board is hereby established, consisting of
five members and up to two alternate members, all of whom shall be
qualified electors of the Town.
[Res. 9-1975, passed 4-28-1975; Ord. 1272, passed 7-15-2002; amended 4-11-2022 by Ord. No. 1522]
Effective January 1, 2022, the appointment of any member or
alternate member shall be for a three-year term, except that the initial
appointment of the fifth member shall be for a two-year term. All
members or alternate members appointed prior to January 1, 2022, shall
serve until the end of the term of office set at the time of their
appointment. Nothing in this section shall extend the term of any
members or alternate members appointed prior to January 1, 2022.
[Res. 9-1975, passed 4-28-1975]
The members of the Personnel Board shall serve without compensation,
but they shall be reimbursed for the reasonable expenses incurred
in the performance of their duties.
[Ord. 1410, passed 12-19-2011]
The Personnel Board shall have the following powers and duties:
(a)
To solicit and evaluate all applicants for the police force;
(b)
To make a listing of eligible police applicants with numerical rating
scores;
(c)
To conduct noncompetitive examination of police chief nominees, if
directed by Council;
(d)
To conduct a hearing, when requested in writing, by any non-probationary
employee who has been discharged, suspended or demoted and who has
exhausted the prescribed grievance procedures;
(e)
To conduct a hearing, when requested in writing, by any non-probationary
employee who believes that he or she has been aggrieved in the promotion
process, as set forth in Rule III;
(f)
To make investigations in the fulfillment of its proper duties, and
to issue subpoenas;
(g)
To hear appeals from any applicant or person who has been examined
for a promotional vacancy; and
(h)
To perform such other functions and duties as may be provided for
in the Personnel Code.
[Ord. 960, passed 9-28-1987; Ord. 1137, passed 1-23-1995; Ord. 1196, passed 12-15-1997; Ord. 1272, passed 7-15-2002; Ord. 1410, passed 12-19-2011; amended 4-11-2022 by Ord. No. 1522; 4-11-2022 by Ord. No. 1523]
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Rule I - General.
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101 - Composition of Board: The Personnel Board
shall consist of five qualified electors of the Town, appointed by
Council, to serve three-year overlapping terms, without pay. The Board
shall organize each year prior to January 10, by electing a Chairman
and a Vice Chairman. Once a panel of members and/or alternate members
commences consideration of a matter, a majority of that same panel
shall be required to complete consideration of such matter.
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102 - Meetings: Meetings may be called by the Chairman
or by a majority of the other four members. Three members constitute
a quorum. Three affirmative votes are required for approval of any
motion. Conduct of meetings shall be governed by Robert's Rules of
Order. Meetings shall be open to the public unless a public meeting
would broach the normal confidentiality of employee data. Minutes
shall be kept and minutes of open meetings shall be made available
to the public upon request. Minutes shall be approved by the majority
of the Board.
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103 - Powers and Duties: The Personnel Board shall have the powers and duties specified in Section 137.04.
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104 - Rules: The Personnel Board has the power to
prescribe, amend and enforce rules and regulations for the purpose
of implementing the provisions of this Article and the Home Rule Charter.
Before any such rules and regulations are implemented, the same shall
first be approved by Town Council. No changes shall be made in these
rules without approval of Town Council.
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Rule II - Police Appointments.
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201 - Advertisement: Whenever the Board is advised
that Council desires a new list of eligible candidates from which
to fill existing or anticipated vacancies, the Board shall advertise
this fact and establish a period of time during which applications
will be received.
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202 - Qualifications: An applicant for employment
as a police employee shall meet at least the following qualifications:
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a.
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Be at least 21 years of age;
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b.
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Have a bachelor's degree from an accredited college or
university (preference for a degree related to law enforcement/police
related); or have at least four years (8,320 hours) law enforcement
experience as determined by the Personnel Board after consultation
with the Chief of Police; or have an associate's degree from
an accredited college or university or four years of military service
with an honorable discharge along with at least two years (4,160 hours)
of law enforcement experience as determined by the Personnel Board
after consultation with the Chief of Police;
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c.
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Be licensed by the Commonwealth of Pennsylvania to operate a
motor vehicle or hold a valid driver's license from the applicant's
state of residence. The applicant must obtain a valid Pennsylvania
driver's license within 60 days after the applicant establishes
residency within the Commonwealth of Pennsylvania;
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d.
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Be a citizen of the United States of America;
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e.
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Be a person who has successfully completed a basic police training
course in conformity with current law (formerly PA Act 120) and commits
to the taking of a certification examination administered by the Municipal
Police Officers' Education and Training Commission (MPOETC) within
60 days of notice by the Town to take and pass the examination, or
is otherwise certified under applicable law and further has satisfied
all other federal, state and local rules and regulations regarding
his/her ability to act as a police officer.
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f.
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Be of good moral character;
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g.
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Be free of habitual addiction of intoxicated liquors or drugs;
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h.
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Indicate a willingness to establish residence within a defined
geographical boundary (as determined by the Town or as determined
in a collective agreement) within one year of appointment;
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i.
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Be eligible to carry a firearm and be free from conviction of
a disqualifying crime in accordance with the Police Officers Education
and Training Program of Title 37 of the Pennsylvania Code;
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j.
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Satisfy the requirements of Act 57 of 2020 pertaining to background
checks; and
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k.
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Such other qualifications which may be proposed by the Personnel
Board and approved by Council.
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203 - Applications: Each applicant shall complete
fully the prescribed application form. The applicant is responsible
for all information placed upon the form. False or incorrect information
will void the application form and any subsequent action taken upon
it.
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I.
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When the form is returned, the following shall be provided by
the applicant at that time:
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a.
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The fee as set by resolution of Town Council; and
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b.
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Proof of any honorable discharge, and a full and complete explanation,
if appropriate, of any claim for veteran's preference. All veteran's
preference claims shall be made along with the return of the application
form, and within the time required of the return of the application
form. Any person claiming veteran's preference shall execute
whatever release may be required in order to investigate fully the
circumstance of the claim of veteran's preference.
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II.
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Upon receipt of an application, the Town shall conduct a background
investigation in accordance with the provisions of Act 57 of 2020,
pursuant to the following procedure:
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a.
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The Town will conduct a thorough background investigation on
the applicant, including a review of the applicant's employment
information and separation records, if applicable.
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b.
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The background investigation shall include the following:
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i.
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A criminal history check, including the submission of fingerprints
to the State Police Central Repository and the Federal Bureau of Investigation.
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ii.
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A check of the applicant's credit history.
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iii.
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Personal interviews with at least three people who have personal
knowledge of the applicant but are not related to the applicant, nor
are a member of the applicant's household.
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iv.
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Interviews of the applicant's employers, if any, for the
past five years to determine the applicant's work history.
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v.
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A review of the applicant's employment information from
each previous law enforcement employer to determine the applicant's
law enforcement work history.
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vi.
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A check of the applicant's driving history that includes
a review of all traffic violations and verification that the applicant
has a valid driver's license.
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vii.
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A verification of the applicant's eligibility to lawfully
possess a firearm.
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viii.
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A check of the applicant's social media history; if requested,
the applicant shall provide the Town with access to all social media
utilized by the applicant.
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c.
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For the purposes of this Code, "employment information" shall
mean written information in connection with the applicant's job
applications, performance evaluations, attendance records, disciplinary
action, and eligibility for rehire.
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d.
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The applicant shall provide the Town with an authorization and
release permitting the Town to obtain the applicant's employment
history from any law enforcement agency where the applicant previously
worked or currently works.
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e.
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The Chief of Police shall contact each law enforcement agency
identified by the applicant pursuant to Subsection c and shall request
the applicant's employment history in accordance with the provisions
of Section 7304 of Act 57 of 2020.
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f.
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If applicable, the applicant shall, pursuant to the provisions
of Section 7307(a) of Act 57 of 2020, disclose to the Town that the
applicant's employment information is subject to a confidentiality
agreement.
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g.
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As part of the background investigation, the Town shall, if
applicable, review the applicant's separation records, which
for the purposes of this Code are defined as records required to be
maintained under Section 7308 of Act 57 of 2020. Specifically, those
records include:
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i.
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Records of the reason or reasons for, and circumstances surrounding,
a separation of service for a law enforcement officer on a form developed
by MPOETC and made available on its publicly accessible internet website.
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ii.
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Records of all criminal charges filed against a law enforcement
officer.
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iii.
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Records of all civil or ethical complaints made against a law
enforcement officer.
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iv.
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Records of the disposition of all charges and complaints, including
final and binding disciplinary actions (For the purposes of this Code,
the term "final and binding disciplinary action" means a disciplinary
action in which a law enforcement officer voluntarily accepts discipline
or, in the case of appeal by the disciplined officer, disciplinary
action in which the appeal has been exhausted or resolved by settlement
agreement, arbitration or other dispute resolution mechanism.) taken
by the law enforcement agency against a law enforcement officer, including
imposition of probationary or other conditions related to employment.
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h.
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Pursuant to Section 7310(a) of Act 57 of 2020, the Town shall
obtain a signed waiver from the applicant expressly permitting the
Town to obtain the applicant's separation records from MPOETC.
The applicant may not be hired until the Town receives a copy of the
separation record from MPOETC, or a certification of no separation
record, as the case may be.
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i.
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Within seven days of the completion of the selection or hiring
process, the Town shall notify MPOETC of the applicant's final
employment status in the Training and Certification System (TACS).
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j.
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If the Town hires an applicant whose separation records includes
any of the following, the Town shall file a report with MPOETC that
indicates the Town's reasoning and rationale for hiring the applicant:
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i.
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Final and binding disciplinary action based on any of the following:
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1.
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Excessive force;
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2.
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Harassment;
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3.
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Theft;
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4.
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Discrimination;
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5.
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Sexual abuse;
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6.
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Sexual misconduct;
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7.
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Domestic violence;
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8.
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Coercion of a false confession;
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9.
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Filing a false report; or
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10.
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A judicial finding of dishonesty.
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ii.
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A criminal conviction relating to conduct described in Paragraph
i.
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k.
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Temporary regulations for the purposes of implementing Act 57
of 2020 have been promulgated by MPOETC and took effect on July 14,
2021. Those temporary regulations expire after two years. Where any
promulgated temporary or final regulations, effective now or in the
future, conflict with any part of this Code, the regulations shall
control.
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204 - Examinations: All examinations shall be practical
in character and shall relate to such matters and include such inquiries
as will fairly test the merit and fitness of the persons examined
to discharge the duties of the position sought. The examination shall
consist of:
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a.
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A written examination, and
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b.
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An oral examination.
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The written examination shall constitute 60% of
the final composite score, and the oral examination shall constitute
40% of the final composite score.
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The written examination shall have a minimum passing
score of 80%, and the oral examination shall have a minimum passing
score of 80%.
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205 - Contenders: The Board shall administer the
oral examination to the highest 12 applicants who have attained the
passing scores of 80% or greater on the written examination, and any
person possessing a veteran's preference right who has achieved a
passing score on the written examination.
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206 - Background Investigation: The Board may refuse
to examine, or may refuse to certify, any applicant who is found to
lack any of the minimum qualifications as prescribed and adopted for
the position or the employment for which he has applied, or who is
disabled and/or unfit to perform the duties of the position for which
he seeks employment, or who is addicted to the habitual use of intoxicating
liquors or narcotic drugs, 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
in office, or who is affiliated with any group whose politics and
activities are subversive to the form of government set forth in the
Constitution or laws of the United States and Pennsylvania.
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The Chief of Police shall be furnished with a list
of contenders, and shall conduct a background investigation of each
one. The investigation will include, but is not limited to, questioning
neighbors, schools and employers. The Chief may question the applicant.
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The applicant may be required to execute releases
or waivers permitting any investigation as determined by the Chief
or the Board.
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The Board may utilize the services of the Chief
of Police or other persons to aid in any background investigation.
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207 - Hearing: If any applicant or person feels
himself or herself aggrieved by the action of the Board in refusing
to examine or certify him or her, the Board shall, at the request
of such person, within 10 days after the request notify such person
to appear personally and by counsel before the Board. The Board shall
then review its refusal to make an examination or certification and
take such testimony as may be offered. The decision of the Board shall
be final.
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208 - List of Eligibles: All contenders who have
successfully passed the written examination and the oral examination
and have a score of at least 80% on the written examination and 80%
on the oral examination, shall be included on a list of eligibles.
The list shall be prepared in descending numerical order of composite
scores. The written score shall be multiplied by 60% (.60) and the
oral score shall be multiplied by 40% (.40); the addition of these
two calculations shall form a composite score. To the composite score
shall be added 10 points to anyone properly entitled to veteran's
preference points. The names of those persons with the highest three
scores may be considered by Council for selection as a police employee.
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Town Council may decide to interview some members
of the list of eligibles. Any contender requested to attend an interview
shall appear at the time and place set by Council. Failure to attend
any such interview shall be deemed to be a willful decision not to
accept a position which may be offered by the Town.
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209 - Conditional Offers of Employment: Examinations:
Any person from the list of eligibles who has been given and accepted
a conditional offer of employment shall be given physical, medical
and psychological evaluations which shall be reasonably designed to
test the individual's ability to perform the duties of a police officer.
The Personnel Board shall determine which psychological, physical
or medical tests are to be administered and who shall administer them
in conformance with applicable law or regulations. These tests shall
fairly determine whether the individual to be tested is able to perform
the duties required to be performed by a police officer for the Town.
The successful completion of any tests administered under this Section
shall be a condition precedent to employment with the Town. In the
event any test is approved to determine if unacceptable levels of
alcohol are or have been consumed, or whether any controlled substances
are or have been ingested, the applicant shall be notified prior to
the test.
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Each person from the list of eligibles who has been
given and accepted a conditional offer of employment shall also be
required to pass an agility test conducted at a location of the Town's
choice. Each individual subject to such an agility test shall be required
to sign a waiver releasing any and all rights and claims for damages
while taking the agility test. Any individual to be tested under this
section should also be notified, generally, concerning any further
tests which may be administered during his/her probationary period,
or whether physical standards must be met to conclude successfully
the probation period.
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210 - Confidentiality of Scores: The Board shall
advise any applicant (upon written request) of the scores made by
the applicant.
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Rule III - Police Promotions.
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301 - Announcements: Whenever the Board is advised
of a vacancy in any rank above patrolman, the Board shall post on
the police bulletin board notice of such vacancy and the interval
of time during which applications from the Town's police officers
will be accepted.
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302 - Examinations: Written and oral examinations
will be administered as required for police appointments. A review
of each applicant's personnel record will be made by the Board. No
background investigation will be made.
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303 - Scoring: Any applicant who obtains 80% or
more, in both the written and oral examination, shall be included
on the eligibility list.
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Both written and oral examinations shall be scored
on the basis of a possible 100% with 80% of the minimum passing score
on each examination. The composite score shall be 60% of the written
score plus 40% of the oral score.
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Example: 60% of 80 written = 48; 40% of 90 oral
= 36; 48 + 36 = 84% composite score. Apparent ties shall be broken
by favoring the contender with the higher written score.
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Only the top three names may be considered for each
selection by Council and any one of the top three candidates may be
selected by Council.
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304 - Medical Examination: Any applicant selected
to fill the vacancy, must undergo the same medical examination as
prescribed for police appointment.
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305 - Chief of Police: The appointment or selection
of a new Chief of Police, whether by promotion or otherwise, shall
be at the sole discretion of Council and Council shall determine what
procedure shall be followed in making the appointment or selection.
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306 - Hearings for Officers Denied Promotion:
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a.
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Any non-probationary employee who has been examined for the
purpose of filling a promotional vacancy and believes he or she is
aggrieved by the action of the Personnel Board with regard to the
conduct or results of his or her examination under Section 302, or
in not being selected as one of the top three candidates to be considered
for promotion by Council pursuant to Section 303 of this Rule may
request, in writing, a hearing before the Board. The Board shall,
at the request of such person, within 10 days after the request, notify
such person to appear personally and by counsel, if desire, before
the Board. The Board shall then review its refusal to promote such
person and take such testimony as may be offered. The Board shall
notify the aggrieved individual of the results of the hearing, in
writing, within 10 days of its conclusion.
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b.
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Within 10 days of receiving the written results of his or her
hearing under Section 306(a), if an aggrieved individual is not satisfied
with the result reached by the Personnel Board pursuant to Section
a. above, he may, in writing, make a request to the Board that a hearing
before an impartial hearing officer be conducted in accordance with
the Pennsylvania Local Agency Law, Subchapter B, 2 Pa. C.S. §§ 551,
et seq. The impartial hearing officer shall be selected by the Town
and shall have no affiliation or interest with the Town or the aggrieved
individual. The cost of the impartial hearing officer shall be divided
evenly between the Town and the aggrieved individual. The decision
of the partial hearing officer shall be final.
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Rule IV - Hearings.
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401 - Hearing Request: Any non-probationary employee,
who has been discharged, suspended or demoted, may request, in writing,
a hearing before the {i1}Personnel Board within 10 days of the formal
issuance of the discharge, suspension or demotion to which he seeks
challenge. If such a request is made, the Personnel Board shall grant
him or her a hearing which shall be held within a period of 10 days
from the filing of the request by the employee unless continued by
the Personnel Board for cause at the request of the Town. A hearing
shall be open to the public, or closed to the public, as desired by
the individual requesting the hearing.
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402 - Pre-Hearing Procedure: A member of the Personnel
Board shall meet or otherwise confirm with the employee and the Town
Manager within seven days of the receipt of the request for a hearing:
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a.
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The date, time and location of the hearing;
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b.
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Whether the hearing will be public or closed; and
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c.
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Whether the employee requesting a hearing will employ counsel.
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403 - Counsel: The Town and the person sought to
be suspended, removed or demoted shall at all times have the right
to employ counsel before the Personnel Board and upon appeal to the
Allegheny County Court of Common Pleas. The Personnel Board shall
be represented by legal counsel who shall not be the Town Attorney
or an attorney within the office of the Town Attorney.
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404 - Evidence: Evidence presented at the hearing
may be oral or documentary. The parties shall not be bound by technical
rules of evidence, and all relevant evidence of reasonably probative
value may be received. Reasonable examination and cross examination
shall be permitted. The Chairman of the Personnel Board shall rule
on the admissibility of evidence. In the event another Personnel Board
member should disagree with the ruling of the Chairman, the Personnel
Board may recess to resolve the difference of opinion. The Chairman
shall reaffirm or modify his ruling as soon as the hearing has resumed
in accordance with the decision of the majority of the Personnel Board.
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405 - Testimony: The employee, the Town and the
Personnel Board have the right to call and question witnesses and
to question witnesses called by others. All testimony shall be taken
under oath to be administered by the Chairman. The Chairman is empowered
to subpoena witnesses and documents and must do so, if requested in
writing, no later than two business days prior to the hearing. All
Officers in public service and all Town Employees shall attend and
testify when required to do so by the Personnel Board. If any person
shall refuse or neglect to obey any subpoena issued by the Personnel
Board, it may apply by petition to the Court of Common Pleas of Allegheny
County for its subpoena requiring the attendance of such person before
the Personnel Board or the court, there to testify and to produce
any records and papers necessary, and in default thereof shall be
held in contempt of court. A stenographic record of all testimony
taken at such hearings shall be filed with and preserved by the Personnel
Board, which record shall be sealed and not be available for public
inspection in the event the charges are dismissed or a closed hearing
was held at the request of an aggrieved individual.
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406 - Procedure at Hearing: The Chairman shall open
the hearing by reading the employee's request for hearing. If the
hearing is a closed hearing, the Chairman shall require each person
present in the hearing room to identify himself and state his position
in the hearing. The Chairman shall then read the communication to
the employee imposing discharge, suspension or demotion. The Chairman
shall then have the Town or the supervisory official who ordered the
discharge, suspension or demotion present the facts of the charge
or case against the employee. The employee who has been discharged,
suspended or demoted shall then be given the opportunity to present
his case against the discharge, suspension or demotion. If either
the Town (or its supervisory official) or the employee wishes to present
a summation of the evidence, either individually or through counsel,
such summation shall be briefly and concisely stated, with the employee's
summation being last.
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407 - Disposition: The Personnel Board shall render
a written decision deciding whether the discharge, suspension or demotion
is to be sustained, reversed or varied within 30 days of the conclusion
of the hearing. An employee who has been discharged, suspended or
demoted by the final action of the Personnel Board shall have the
right to appeal to the Court of Common Pleas of Allegheny County within
30 days from the date of the decision by the Personnel Board. For
that purpose, the employee shall be entitled to secure a full and
complete transcript of the record of the hearing by the Personnel
Board at the cost of the employee. The decision of the court affirming
or reversing the decision of the Personnel Board shall be final and
the employee shall be suspended, discharged, demoted or reinstated
in accordance with the order of the court.
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408 - Distribution of Costs: The employee shall
be responsible for any hearing costs he incurs, including, but not
limited to, the employee's counsel, court reporter, witnesses and
other fees.
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