When notified by the City Administrator that the City desires
to fill a uniformed position in the Bureau of Police or Fire the Commission
will, from the appropriate eligibility list, certify the top three
remaining names on the eligibility list for each vacancy. Names may
be removed from this list because the individual has been hired, has
been offered employment and has rejected the offer or otherwise demonstrated
himself/herself to be unavailable, has requested, in writing, that
his/her name be removed from the list, has been rejected by the City
Administrator three times, or because the individual has been disqualified
from potential employment pursuant to the process required by these
Rules and Regulations.
Before an applicant's name is nominated to the City Administrator
from the eligibility list, that applicant may be subject to a background
investigation. The Commission, in consultation with the applicable
Chief, will determine how many applicants, on the eligibility list,
will at any time be subject to this aspect of the employment process.
The Commission will use its best judgment in determining this number
balancing the anticipated needs of the Bureau against the expense
and inefficiency of subjecting too many persons on the list of eligibles
to an excessively early background investigation. At any time after
the initial applicant pool has been evaluated through the physical
performance/physical agility test aspect of the employment process
applicants can be subjected to a background investigation. This could
be ordered by the Commission at 1) the conclusion of the physical
performance/physical agility test; 2) the conclusion of the written
exam; 3) the conclusion of the oral exam; 4) the application of preference
points; or 5) after the Council has requested a panel of three from
which to select an applicant to fill a vacancy. In either of the latter
two situations such an investigation may also be instituted by the
Chief of Police. The background investigation shall be comprehensive
and shall be conducted by experienced investigators assigned by the
Pittston Chief of Police, or by other experienced investigators as
determined by the Commission. The investigator will use information
obtained in the candidate's personal history statement (application)
to investigate all appropriate areas of the candidate's background
and character, including those areas required by the M.P.O.E.T.C.,
and may use other information relevant to a proper investigation of
a candidate's background and character. At the discretion of
the Commission, or where appropriate the City Administrator, offers
of employment may be withheld pending the outcome of the background
investigation. The purpose in providing to the Commission, or where
appropriate the City Administrator, substantial flexibility in regards
to the timing of background investigations is to avoid the necessity
for performing a second background investigation where the initial
one has become stale, and to otherwise avoid unnecessary expense relative
to background investigations. Based upon information obtained in this
background investigation an applicant could be disqualified and removed
from the eligibility list. Should this occur the applicant will be
provided with the reasons for his/her disqualification and will have
the right to challenge that determination in a due process proceeding
before the CSC. The CSC will establish the parameters for a disqualification
as a result of investigation, but will not participate in the investigation
itself.
The Director (Chief of Police or Fire Chief) shall nominate
to the City Administrator a person from the three names on the certified
eligibility list submitted by the Commission to fill the vacancy.
If the City Administrator approves the nomination, the person nominated
shall be conditionally hired by City Administrator to fill the vacancy,
and shall be assigned for service in the Bureau, subject to any physical
or psychological medical examinations required as a condition of permanent
appointment. Where three unchallenged names are certified, the Director
may nominate any one of the three except where veterans preference
dictates who will be selected. Where more than one veteran's
name appears among the three certified, Council may appoint any of
the veterans. If the City Administrator does not approve a nomination,
or if the appointee is determined by the medical examination process
to be unqualified, then the Director shall submit another nomination
for the position from the remaining names, if any, and if that nomination
is not approved by the City Administrator, or if that appointee is
determined by the medical examination process to be unqualified, the
Director shall submit the third name, if any. The person whose nomination
by the Director is approved by the City Administrator shall be appointed
to fill the vacancy. Names of rejected persons shall be immediately
restored to the eligibility list, although if any applicant has been
submitted to the City Administrator and been rejected three times
or the individual has been determined by the medical examination process
to be unqualified, then that individual shall be removed from the
eligibility list, without prejudice to that individual's ability
to reapply at a later date.
Each initial offer of employment shall be a conditional offer
of employment subject to a medical exam. Post-offer medical exams
shall consist of both a physical medical examination performed by
a licensed physician or qualified medical professional and a psychological
medical examination performed by a licensed psychologist or psychiatrist.
The physician, qualified medical professional, psychiatrist
or psychologist shall be appointed by the City Administrator and shall
render an opinion as to whether the conditional appointee has a physical
or mental condition which calls into question the individual's
ability to perform all of the essential functions of the position
for which the individual was conditionally appointed, with or without
reasonable accommodations. The physician or qualified medical professional
who is assigned to perform a post-offer physical medical examination
and the psychiatrist or psychologist assigned to perform a post-offer
psychological medical examination of a conditional appointee shall
be provided with a job description of the position for which the individual
has been conditionally hired identifying the essential functions of
the position. In addition, the examining physician, qualified medical
professional, psychologist or psychiatrist shall be provided with
a cover letter, supplementing the job description, which further explains
the nature of the essential work to be performed and why the designated
work has been deemed to be "essential." This process shall apply to
both post-offer physical and psychological medical analysis. Testing
for use of illegal drugs will be part of the post-offer medical examinations.
Pre-offer drug testing can also be utilized at any time during the
employment procedure which precedes the making of a tentative offer.
A pre-offer finding of active/existing illegal drug use will disqualify
the applicant. This is also true of a post-offer finding of active
illegal drug use. The examining physician, qualified medical professional,
psychologist or psychiatrist will be required to certify that the
person examined is, to a reasonable degree of medical or psychological
certainty (whichever is appropriate) able (or not able), with or without
a reasonable accommodation, to perform all of the essential functions
of the job as that job has been described to the medical practitioner
and is or is not free of indications of illegal drug use. The Commission
and/or the Police Chief (as appropriate) may provide to such examiners
information which has been validated detailing specific conditions/diseases
which have been determined to be disqualifying as to persons appointed
to the job at issue.
In the event that a post-offer medical examination should yield
information calling into question the conditional appointee's
ability to perform all essential functions of the job, the Director
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 accommodations, perform all the essential
functions of the position. If, at the conclusion of that interactive
process, the Director determines that the conditional appointee is
not qualified, even with reasonable accommodations, the Director shall
give written notice to the conditional appointee and the Commission
that the conditional appointee is disqualified on the basis of the
post-offer medical examination and the conditional employment offer
is being formally withdrawn. The conditional appointee shall be informed
of the specific reasons for the disqualification. The disqualified
individual will be given the opportunity to challenge the disqualification
pursuant to the due process provisions contained in these Rules and
Regulations.
