When, at any stage in the hiring or promotion process, an applicant
for employment with the City of Pittston has been disqualified, that
individual shall receive notice, in writing, of the disqualification
and of the reasons therefor. The deadline for filing an appeal will
be stated in the notice letter. In addition, the notice letter shall
inform the disqualified applicant of the name of the Commission Secretary
and of his/her business address, further informing the disqualified
applicant that it is to that person and that address that the intent
to appeal must be mailed. This notice shall be sent to the most recent
address supplied by the applicant via First-Class mail. It will be
assumed that the letter reached its destination four days after the
letter was postmarked. This is the responsibility of the Secretary.
Each Commission file copy of said letters will note, in handwriting,
the date it was actually mailed.
A disqualified applicant who wishes to challenge his disqualification
must do so, in writing, not more than 10 days after the assumed date
of receipt of the notice. The Commission Secretary will note, in handwriting,
upon any such notice of appeal the date the notice of appeal was received
in his/her office.
After consulting with members of the Commission the Secretary
will establish a date, time and place at which the Commission will
hear the disqualified applicant's appeal. Unless otherwise agreed
to this hearing will commence not later than 10 work days after receipt
of the written appeal. The Secretary will notify the applicant, in
writing, of the time, date, and place of the hearing and arrange for
the appeal to be recorded by a qualified court stenographer. The Secretary
will also supply the disqualified applicant with a copy of these Rules
and Regulations.
At least three days prior to the appeal hearing, the appealing
applicant must submit in writing a statement of:
At the appeal proceeding the case against the disqualified applicant
may be presented by a lawyer and the disqualified applicant may utilize
a lawyer to present his case/arguments. The Commission may choose
to be represented by a lawyer and, in that case, said lawyer must
not be a member of the law firm of any lawyer prosecuting the matter
and must have had no role in the decision to disqualify the applicant.
The burden of persuasion shall rest with those presenting the case
for disqualification. The Commission shall resolve the dispute with
a written adjudication issued within 10 days after receipt from the
opposing parties of briefs or proposed findings of fact, conclusions
of law, and analysis or, if those have not been required, within 10
days after receipt of the transcript of the hearing.
The procedures, including the timelines, outlined in this Article
shall also apply to any appeal by an individual whose conditional
offer of employment has been withdrawn based upon the findings of
a medical physical or psychological examination.
Witnesses before the Commission will be sworn and made subject
to examination and cross-examination. The Commission shall have subpoena
power which it may use and which is available to persons/advocates
litigating before the Commission.
During the appellate process the disqualified applicant can
continue with the testing process until a final ruling from the Commission
has been made pertaining to his/her appeal. However, this does not
mean that the individual must receive an appointment to fill a vacancy
during the time his/her appeal is pending.
Appeals regarding suspension and discharge are governed by 11
Pa.C.S.A. § 14408.
A police officer or firefighter who has access to a grievance
arbitration procedure under a collective bargaining agreement, and
who chooses to utilize that access, may not simultaneously litigate
his claim in both the grievance process and before the Commission
(or City Administrator in cases involving suspension or discharge)
to the extent that the claims are essentially identical. The requirements
of these Rules and Regulations relative to due process shall be read,
if at all possible, so that they are not in conflict with the terms
of any relevant collective bargaining agreement.
