Unless otherwise expressly stated, the following words and phrases, whenever used in these Rules and Regulations, shall be construed to have the meaning indicated herein:
APPLICANT
An individual who seeks appointment as a police officer in the Bureau of Police or as a firefighter in the Bureau of Fire and who has fulfilled the preliminary requirements imposed by 11 Pa.C.S.A. § 14401 et seq. and these Rules and Regulations. These preliminary requirements include the completion of an application form approved by the Civil Service Commission ("CSC") and the successful completion of a professionally validated physical performance/physical agility examination administered by the CSC.
APPLICATION FORM
A form, approved by the CSC. The CSC shall make its application forms available not less than 30 days prior to the scheduling of a physical performance/physical agility exam as part of the process leading to the creation of a list of eligibles. Individuals who fail to timely provide the CSC with a fully completed application form shall not be eligible to participate in the physical performance/physical agility exam or to otherwise participate in the process resulting in a list of eligibles. Falsification by commission, omission, or otherwise, of information on the application form will automatically disqualify the applicant from participating in the employment process overseen by the CSC and would be grounds for termination of the individual should he/she be hired through the employment process managed by the CSC. An applicant who fails to make the list of eligibles during a particular examination cycle and who has not been disqualified from being a future applicant must complete a new application form if he/she wishes to be considered an applicant during any future efforts by the CSC to create an eligibility list. Application forms for applicants who do not make it onto the eligibility list shall be maintained for 10 years following the creation of the eligibility list. An applicant who has become a permanent appointee shall have his/her application form maintained by the City in a personnel file. The application forms of applicants who do make the eligibility list, but who are not hired from that list, shall be maintained for 10 years after this list has been replaced by another eligibility list. The persons referenced in the preceding sentence, to be considered candidates for employment by the City, would have to complete a new application form.
CERTIFICATION
The submission to the appointing authority of names taken from the eligibility list developed by the CSC. For each vacancy which the appointing authority desires to fill, the CSC shall certify from the eligible list the names of the top three persons remaining thereon who received the highest total scores at the last preceding relevant City of Pittston Civil Service examination. In the case of eligible veterans who have demonstrated themselves to be qualified for appointment their scoring total shall include 10 veterans preference points, if applicable.
CHAIRPERSON
The Chairperson of the City of Pittston, Pennsylvania, Civil Service Commission.
COMMISSION or CSC
The Civil Service Commission of the City of Pittston, Pennsylvania.
CONDITIONAL APPOINTEE
An applicant who has been extended a conditional offer of employment subject to successful completion of a physical medical examination and psychological medical examination pursuant to 11 Pa.C.S.A. § 14404.1.
CONTROLLING STATUTES
The statute which begins at 11 Pa.C.S.A. § 14401 and which relates to the Civil Service requirements for third-class cities. Where these statutes conflict with the City of Pittston Home Rule Charter, the City of Pittston Home Rule Charter shall control unless the relevant language of the Charter is determined to be unlawful.
DIRECTOR
Chief of Police or Chief of Bureau of Fire.
ELIGIBLE
A person whose name is recorded on a current eligible list or furlough list.
ELIGIBLE LIST or LIST OF ELIGIBLES
The list of persons who have passed, separately, each of the three aspects of the examination for a position as a police officer or firefighter. Having initially passed the physical performance/physical agility examination (no points are awarded for passing this examination - it is a pass/fail examination), these individuals have also passed the written examination and completed the oral examination. Eligibles who have passed all three aspects of the examination shall be listed from highest score to lowest score. The components of an applicant's score shall be his/her: score on the written exam; score on the oral exam; 10 veterans preference points if applicable, and 10 preference points if applicable for an applicant who fits into any of the following categories: employed by the City of Pittston in a part-time capacity as a police officer in the last five years; or volunteer firefighter in Eagle Hose Company # 1 in the last two years; or a volunteer firefighter in the Niagara Engine Company # 2 in the last two years, or volunteer or paid employee of the Greater Pittston Regional Ambulance Association in the last two years.
FIREFIGHTER
For purposes of these Rules and Regulations, a permanent, regular uniformed employee of the City's Bureau of Fire, other than the Chief, and who is EMT and firefighter I certified, as established by the City and/or Commonwealth of Pennsylvania.
INTERACTIVE DISCUSSION
The discussion held with an applicant, a conditional appointee who has received a conditional offer of employment, or a probationary or permanent appointee, as a result of information coming from medical practitioners or otherwise, which calls into question the ability of the individual to perform the essential functions of his or her job or the job to which he or she seeks appointment with or without a reasonable accommodation. The purpose of such a discussion is to obtain the individual's view on the concerns about his/her ability to perform all of the essential functions of the job and to gain input on that individual's position as to whether he/she could perform those essential functions if reasonably accommodated.
LOUDERMILL HEARING
An informal meeting with a probationary appointee or a permanent appointee which apprises that individual of concerns that might lead to the suspension, demotion, or removal (dismissal) of the individual. This meeting/hearing will give the City the opportunity to receive the appointee's reaction to the facts eliciting the concerns before any decision is made that might result in the employee's suspension, demotion, or removal. This process can be conducted remotely or through the United States mail. This process is, for civil service purposes, applicable to permanent appointees and probationary appointees during their probationary period. It is not applicable to a decision not to retain a probationary employee who has been notified in writing at the conclusion of his/her probationary period that he/she will not receive a permanent appointment.
M.P.O.E.T.C.
Municipal Police Officer's Education and Training Commission.
MEDICAL EXAMINATION
Any examination, procedure, inquiry or test designed to obtain information about medical history or a physical or mental condition which might disqualify a conditional appointee if it would prevent the individual from performing, with or without reasonable accommodation, all of the essential functions of the position. Nothing in these Rules shall be construed to authorize any medical examination prior to conditional appointment.
MEMBER
An individual appointed to the CSC who shall be appointed by resolution of City Council to a term of four years or until his or her successor is elected and qualified. A member whose four-year term has expired but for whom no successor has been elected shall continue to be a member of the CSC. No City officer, official or employee shall be a member of the CSC. Membership in this CSC shall not prevent the member from being appointed to any other authority, board, commission or committee of the City. Members must be residents and registered voters of the City as required by 11 Pa.C.S.A. § 14402.
PERMANENT APPOINTMENT
An individual who was appointed to a position as a police officer or firefighter in the City of Pittston pursuant to the provisions of 11 Pa.C.S.A. § 14406 and the requirements of these Rules and Regulations and who has successfully completed any required physical or psychological medical examinations and the probationary period. If at the close of the probationary period the conduct or capacity of the probationary employee has not been satisfactory to the Chief of Police or Fire Chief, the probationer shall be notified, in writing, that he or she will not receive a permanent appointment, whereupon his or her employment shall cease.
PHYSICIAN
An individual licensed under the laws of the Commonwealth to engage in the practice of medicine as further defined in 1 Pa.C.S.A. § 1991.
POLICE OFFICER
For purposes of these Rules and Regulations, a permanent, regular uniformed employee of the City's Bureau of Police, other than the Police Chief, who is not a temporary police officer appointed pursuant to 11 Pa.C.S.A. § 14407 or an extra police officer appointed pursuant to 11 Pa.C.S.A. § 12003, who is Act 120 certified as a municipal police officer and who meets the requirements for law enforcement officers established by the City and Commonwealth of Pennsylvania (including the Municipal Police Officers' Education and Training Commission).
PROBATIONARY PERIOD
New employees in the Bureau of Police and Fire shall serve a probationary period of 90 days. For new employees hired before their Act 120 requirements have been completed, the probationary period shall commence upon successful completion of Act 120 training. At any time during the probationary period the Police Chief or Fire Chief may remove an employee for unsatisfactory performance. Upon removal, the Chief shall advise the CSC, the Mayor, and the City Administrator of his action and the reasons therefor. Probationary employees shall have no right of appeal. During a probationary period the appointee shall not be denied any rights or benefits that the appointee would otherwise be entitled to under any collective bargaining agreement. A probationary period may not be extended except through written agreement between the City, the probationary employee and any union representing the probationary employee. See also the definition of "police officer" above.
PROBATIONER
An individual appointed to a position of police officer or firefighter in the City of Pittston, from an eligible list, pursuant to these Rules and Regulations, but who has not yet completed his/her probationary period. See also the definitions of "probationer" and "police officer" above.
PROMOTION
A move up the chain of command as measured both by an increase in compensation and an increase in employment responsibility. Veterans preference and all additional preference categories shall not apply to a promotional exam or appointment.
QUALIFIED MEDICAL PROFESSIONAL
An individual who is licensed under the laws of the Commonwealth of Pennsylvania as a physician assistant or as a certified registered nurse practitioner.
RULES AND REGULATIONS
This body of Rules and Regulations recommend for adoption by the CSC and approved/implemented by the City Council. From time to time these Rules may be modified/amended utilizing the same process by which they were originally created. A copy of all amendments shall be forwarded to the Mayor and Directors for comments. All Rules and Regulations will be approved by City Council.
VACANCY
A determination by the Pittston City Administrator that the City will fill an unfilled position as a police officer or firefighter within the Bureau of Police or Bureau of Fire. This could be either an entry level or a promotional position. A position which would be a promotion for an existing employee of the Bureau of the Police or Fire shall be deemed to be subject to a promotion examination even where non-department members are deemed eligible to participate in the examination process. When a vacancy is to be filled in the Bureau of Police or Bureau of Fire, the City Administrator shall make written application to the Commission for a list of eligibles. In making the request, the title of the position to be filled shall be specified.
VETERANS PREFERENCE
The concept of veterans preference applies to entry level hiring but does not apply to positions deemed to be promotional opportunities for persons who are already uniformed employees of the Bureau of Police or Bureau of Fire. A veteran is an individual who meets the definition of being a veteran as defined by the Pennsylvania Veterans Preference Act and related case law. Applicants who are veterans receive veterans preference points only after they have demonstrated that they are qualified for the vacancy in the position for which they have applied. An applicant is qualified if he/she meets the criteria for the position listed in the City's job description; meets the application requirements established by the CSC; has passed the physical performance/physical agility examination; and has passed the written and completed the oral examination. In the event that a single veteran is part of the grouping of three eligibles certified then that veteran must be selected for the position. If more than one veteran is certified in such a listing of three names then the City Administrator may appoint any one of the veterans.