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been replaced by another eligibility list.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.