Town of McCandless, PA: Powers and duties.

§ 137.05 Rules of procedure.

[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; Ord. No. 1522, 4-11-2022; Ord. No. 1523, 4-11-2022; Ord. No. 1547, 1-/22-2024; Ord. No. 1554, 2-10-2025; Ord. No. 1558, 5-12-2025]

Rule I - General.
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.
102 - Meetings: Except for the annual organization meeting, all meetings may be called by the Chairperson or at the call of three members of the Board. 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.
103 - Powers and Duties: The Personnel Board shall have the powers and duties specified in Section 137.04.
104 - Rules: The Personnel Board has the power to recommend and enforce rules and regulations for the purpose of implementing the provisions of this Article and the Home Rule Charter. The power to prescribe and amend any such rules and regulations lies solely with Town Council.
Rule II - Police Appointments.
201 - Advertisement: Whenever Council desires a new list of eligible candidates from which to fill existing or anticipated vacancies, the Town Manager or the Town Manager's designee shall advertise this fact and establish a period of time during which applications will be received.
202 - Qualifications: To be eligible, at the time of application, an applicant for employment as a police employee shall meet at least the following qualifications:
A.	An Applicant must meet at least one of the following of 1, 2, and 3:
	1.	Have a bachelor's degree from an accredited college or university. Preference is for a degree related to law enforcement or police-related degree but is not required.
	2.	Have at least four years (8,320 hours) law enforcement experience.
	3.	Have at least two years (4,160 hours) of law enforcement experience and one of the following:
		i.	Have an associate's degree from an accredited college or university.
		ii.	Have four years of military service with an honorable discharge.
B.	An applicant must also meet all of the following criteria:
	1.	Be at least 21 years old.
	2.	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. An applicant must obtain a valid Pennsylvania drivers' license within 60 days after establishing residency within the Commonwealth of Pennsylvania.
	3.	Be a citizen of the United States of America.
	4.	Have Act 120[1] certification and commit 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.
	5.	Be of good moral character; and agree to uphold and abide by the Town's Mission statement.
	6.	Be free of habitual addiction of intoxicating liquors or drugs.
	7.	Indicate a willingness to establish residence within one year after the conclusion of the probationary period within the defined residence boundaries set forth in the contract.
	8.	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.
	9.	Satisfy the requirements of Act 57 of 2020[2] pertaining to background checks.
	10.	Such other qualifications which may be approved by Council.
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.
I.	When the form is returned, the following shall be provided by the applicant at that time:
	a.	The fee as set by resolution of Town Council; and
	b.	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.
II.	The Town shall conduct a background investigation of the Contenders on the Certified List of Three and any other applicants identified by the Police Chief or the Town Manager in accordance with the provisions of Act 57 of 2020, pursuant to the following procedure:
	a.	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.
	b.	The background investigation shall include the following:
		i.	A criminal history check, including the submission of fingerprints to the State Police Central Repository and the Federal Bureau of Investigation.
		ii.	A check of the applicant's credit history.
		iii.	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.
		iv.	Interviews of the applicant's employers, if any, for the past five years to determine the applicant's work history.
		v.	A review of the applicant's employment information from each previous law enforcement employer to determine the applicant's law enforcement work history.
		vi.	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.
		vii.	A verification of the applicant's eligibility to lawfully possess a firearm.
		viii.	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.
	c.	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.
	d.	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.
	e.	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.
	f.	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.
	g.	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:
		i.	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.
		ii.	Records of all criminal charges filed against a law enforcement officer.
		iii.	Records of all civil or ethical complaints made against a law enforcement officer.
		iv.	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.
	h.	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.
	i.	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).
	j.	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:
		i.	Final and binding disciplinary action based on any of the following:
			1.	Excessive force;
			2.	Harassment;
			3.	Theft;
			4.	Discrimination;
			5.	Sexual abuse;
			6.	Sexual misconduct;
			7.	Domestic violence;
			8.	Coercion of a false confession;
			9.	Filing a false report; or
			10.	A judicial finding of dishonesty.
		ii.	A criminal conviction relating to conduct described in Paragraph i.
	k.	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.
204 - Examinations: All examinations shall be administered by the Town Manager and all or part of the examination may be delegated to the Chief of Police, a third party, or the Town Manager's designees. The 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:
a.	Physical agility test;
b.	A written examination;
c.	An oral examination; and
d.	Background investigation.
The written examination shall constitute 40% of the final composite score, and the oral examination shall constitute 60% of the final composite score. The Final Composite Score shall be calculated by the Board as follows:
a.	Multiplying the written examination score (out of a possible 100 points) by 0.4 (40%) to calculate the Weighted Written Examination Score.
b.	Multiplying the Final Oral Examination Grade (out of a possible 100 points) by a 0.6 (60%) to calculate the Weighted Oral Examination Score.
c.	Adding the Weighted Written Examination Score to the Weighted Oral Examination Score.
d.	To the Weighted Composite Score Total shall be added 10 points to anyone properly entitled to veteran's preference points.
e.	Ties among candidates shall be broken with the candidate with the higher or highest Weighted Oral Examination Score.
The final Composite Score is out of 100 possible points, plus any additional veterans preference points to which a candidate is entitled. The written examination shall have a minimum passing score of 70%, and the oral examination shall have a minimum passing score of 70%.
205 - Contenders: A panel of active or retired Chiefs of Police designated by the Town shall administer the oral examination to the highest 12 applicants who have attained the passing scores of 70% or greater on the written examination.
206 - Background Investigation: The Town 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.
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.
The applicant may be required to execute releases or waivers permitting any investigation as determined by the Town Manager or the Town Manager's designee.
The Town may utilize the services of the Chief of Police or other persons to aid in any background investigation.
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.
208 - List of Eligibles: All contenders who have successfully passed the written examination and the oral examination and have a score of at least 70% on the written examination and 70% on the oral examination, shall be included on a list of eligibles. The list shall be prepared in descending numerical order of final composite scores.
The names of those persons with the highest three scores may be considered by Council for selection as a police employee. 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.
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 Town Manager or the Town Manager's designee 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.
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.
210 - Confidentiality of Scores: The Board shall advise any applicant (upon written request) of the scores made by the applicant.
Rule III - Police Promotions.
301 - Announcements: Whenever the Town Council desires to fill a vacancy in any rank above patrolman, the Town Manager or the Town Manager's designee 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.
302 - Examinations: Written and oral examinations will be administered as required for police appointments. Each applicant's personnel record will be reviewed by the Town Manager or the Town Manager's designee to determine eligibility for promotion. No background investigation will be made.
303 - Scoring: Any applicant who obtains 75% or more, in both the written and oral examination, shall be included on the eligibility list.
Both written and oral examinations shall be scored on the basis of a possible 100% with 75% of the minimum passing score on each examination. The composite score shall be 40% of the written score plus 60% of the oral score.
Apparent ties shall be broken by favoring the contender with the higher written score.
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.
304 - Medical Examination: Any applicant selected to fill the vacancy, must undergo the same medical examination as prescribed for police appointment.
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.
306 - Hearings for Officers Denied Promotion:
a.	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.
b.	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.
Rule IV - Hearings.
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.
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:
a.	The date, time and location of the hearing;
b.	Whether the hearing will be public or closed; and
c.	Whether the employee requesting a hearing will employ counsel.
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.
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.
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.
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.
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.
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.

[1]

Editor's Note: See 53 Pa.C.S.A. § 2161 et seq.

[2]

Editor's Note: See 44 Pa.C.S.A. § 7301 et seq.