Township of Whitehall, PA Civil Service Commission

Widows or widowers of veterans.

Spouses of disabled veterans.

Widows or widowers of veterans who remarry and/or divorced spouses of disabled veterans are not eligible to receive veterans' preference points.

VICE CHAIRPERSON

The Vice Chairperson of the Civil Service Commission.

§ 1-88 General provisions.

Members of Commission.

The Commission shall consist of three Commissioners, who shall be qualified electors of the Township and, upon recommendation by the Mayor, shall be appointed by appointed by the Board of Commissioners to serve for terms of six years.

Any vacancy occurring in the Commission for any reason whatsoever shall, upon recommendation of a candidate by the Mayor, be filled by Board of Commissioners for the unexpired term.

No Commissioner shall at the same time hold an elective or appointed office under the United States government, the Commonwealth of Pennsylvania or any political subdivision of the commonwealth. Notwithstanding the foregoing, a Commissioner may act as solicitor or legal counsel to the United States government, the Commonwealth of Pennsylvania or a political subdivision of the commonwealth, even if elected or appointed to that position.

Alternates shall hold no other office in the Township. Any alternate may participate in any proceeding or discussion of the Commission but shall not be entitled to vote as a member of the Commission unless designated as a voting alternate member pursuant to Section 628 of the First Class Township Code, as amended.

Hereafter, each and every appointment to and promotion in the police force or as a member of the fire department staff of Whitehall Township, hereinafter called "the Township," shall be made only according to qualifications and fitness to be ascertained by examinations, which shall be competitive as hereinafter provided.

No person shall hereafter be suspended, removed or reduced in rank as a paid employee in the police force or as a member of the fire department staff of the Township except in accordance with the provisions of the enabling act and this article.

The Commission may designate, or authorize the Secretary to designate, all application blanks, forms, lists and a record system for the expeditious reporting to it, or by it, of all matters within the jurisdiction of the Commission. Whenever such forms have been prescribed and made available, the Commission shall have the right to require that information be presented on such forms and to refuse information not so presented.

The Commission, when authorized by the Mayor of the Township, may receive or purchase the services and advice of other public personnel agencies.

The Commission shall have the power to prescribe, amend and enforce the rules and regulations which comprise this chapter. Such rules and regulations may not go into effect or be amended until the rules and regulations, or amendments are approved by Board of Commissioners, which shall do so by resolution.

A Commissioner may be removed from the Commission without cause upon the recommendation of the Mayor and the approval of a majority of Board of Commissioners.

§ 1-89 General administration.

Except for the biennial organizational meeting, all meetings shall be held either at the call of the Chairperson or, in the event of the absence or incapacity of the Chairperson, at the call of the other two members of the Commission. The Commission shall have the discretion to determine whether meetings shall be open to the public when not specifically regulated by law or this chapter. Notice of each meeting shall be given as required by the Act of 1968, July 3, P.L. 388, No. 84, 65 P.S. §§ 271 to 286, commonly known as the Sunshine Act.

Rules of order.

Robert's Rules of Order shall guide the Commission except as provided herein. The order of business shall be:

Roll call.

Reading of, and approval of the minutes from the previous meeting(s).

Communications.

Unfinished business.

Consideration of reports.

Hearing of case.

New business.

A Commission member may record in the minutes his or her approval of or dissent from the action of the Commission.

Three members of the Commission shall constitute a quorum, and no action of the Commission shall be valid unless it shall have the concurrence of at least two of its members. Those present may determine which member shall fulfill the duties of an absent member.

All matters brought before the Commission shall first be filed in writing. The substance of any filing and the action of the Commission thereon shall be noted in the minutes.

For purpose of hiring and promoting police officers under these rules, each step of the hiring or promotional process requiring official action by the Commission shall be considered a separate "matter or case" under Subsection B above, and each step of the hiring or promotional process need not be voted upon or approved by the same composition of Commissioners or alternate Commissioners, as the case may be, provided that the quorum requirement has been satisfied.

Duties of officers.

Chairperson. The Chairperson, or in his or her absence, the Vice Chairperson, shall preside at all meetings and hearings of the Commission, decide on all points of order or procedure and perform any duties required by law and these rules and regulations.

Vice Chairperson. The Vice Chairperson shall preside at all meetings and hearings during the absence of the Chairperson and perform the duties of the Chairperson during his or her absence.

Secretary. The Secretary shall carry on at the direction of the Commission all official correspondence of the Commission, send out all notices required by law and these rules and regulations, keep a record of each examination or other official action of the Commission, and perform all other duties required by law or these rules and regulations.

The Secretary of the Commission shall record in the minutes the time and place of each meeting of the Commission and the names of the members present; all proceedings and official acts of the Commission, including records of examinations; the votes given by members except when the action is unanimous, and, when requested, a Commission member's dissent, with his reasons; and such other information as the Commission may direct. The Secretary shall cause the minutes to be written up forthwith and presented for approval or amendment at the next regular meeting. The minutes, or a true copy thereof, certified by the Commission or by a majority thereof shall be open with other records of the Commission as provided by law. All records of the Commission shall be preserved and disposed of according to the Retention and Disposition Schedule for Records of Pennsylvania Municipalities issued by the Local Government Records Committee under the authority of the Municipal Records Act, 53 Pa. C.S.A. § 1381 et seq.

The Secretary of the Commission shall perform administrative duties incident to the duties of the Commission and at the direction of the Commissioners. These duties shall include, but not be limited to, maintaining records of proceedings before the Commission and other Commission books, records and papers; preparing reports of Commission meetings and decisions for the Mayor and Board of Commissioners; and reviewing invoices of Commission expenses and submitting them to the Mayor for approval.

Clerks and supplies.

The governing body shall furnish the Commission with such supplies and clerical assistance as may be necessary for the Commission to fulfill its duties. In addition, the Commission may retain counsel, and any other consultants or experts, including physicians, psychiatrists and psychologists as are necessary. The elected and appointed officials of Whitehall Township shall assist the Commission with all reasonable and appropriate efforts including compensation for any counsel or experts retained by the Commission.

Powers.

The Commission shall have the power to issue subpoenas over the signature of the Chairperson to require the attendance of witnesses and the production of records and papers pertaining to any investigation or inquiry. The Chairperson of the Commission is authorized to administer oaths and affirmations for witnesses testifying in connection with such investigations. The fees of such witnesses for attendance and travel shall be the same as for witnesses appearing in the courts and shall be paid from appropriations for the expenses of the Commission.

All officers and employees of the Township shall attend and testify when required to do so by the Commission.

If any person shall refuse or neglect to obey any subpoena issued by the Commission, upon conviction of such refusal or neglect in a summary proceeding, that person shall be sentenced to pay a fine not to exceed $100 and, in default of the payment of such fine and costs, shall be imprisoned for a period not to exceed 30 days.

If any person shall refuse or neglect to obey any subpoena, the Commission may apply by petition to the Court of Common Pleas of Lehigh County for its subpoena, requiring the attendance of such persons before the Commission or the court to testify and to produce any records and papers necessary and, in default thereof, shall be held in contempt of court.

Hearings.

The Commission may appoint a hearing officer to hold any hearings required to be held by the Commission pursuant to the provisions of the Civil Service Code or the Pennsylvania Local Agency Law, 2 Pa.C.S.A. §§ 551 et seq. and 751 et seq.

The hearing officer shall prepare and submit to the Commission a recommended decision, which shall consist of findings of fact, a legal discussion, conclusions of law, and a recommended order for adoption by the Commission.

Upon receipt of the recommended decision, the Commission may adopt the recommended decision or, if the Commission determines that the proper consideration of the appeal requires the presentation of additional evidence, the Commission may remand the case to the hearing officer or may hold a hearing or hearings to receive additional evidence to aid the Commission to frame an appropriate order.

Any applicant or existing officer who believe that they are aggrieved by the actions of the Commission, in refusing to examine or to certify him as eligible after examination, may request a hearing before the Commission. Within 10 days after such request, the Commission shall designate a time and place for the hearing which shall be conducted pursuant to the procedure set forth in the Local Agency Law, 2 Pa. Cons. Stat. 101 et al. The applicant or aggrieved party must make their request for a hearing in writing within 10 calendar days of the date when the party knew or should have known of the Commission's action which is being challenged. The applicant may be represented by counsel. The decision of the Commission shall be final. However, the applicant has the right of appeal to the Court of Common Pleas of Lehigh County, such appeal to be taken by petition to said Court within 30 calendar days from the date of notice of entry by the Commission of its final word.

Annual report.

The Commission shall make an annual report to the Township Board of Commissioners containing a brief summary of its work during the year, which shall be available for public inspection.

§ 1-90 Applications: entry level.

Eligibility for examination.

To be eligible for participation in any examination with the Police Department, every applicant must submit a completed application form to the Commission before the deadline stated by the Commission for that specific examination. The applicant must make an oath or affirmation that the application is completed truthfully, and the applicant is subject to the penalties of 18 Pa. Consolidated Statutes 4904 relating to unsworn falsification to authorities. A nonrefundable processing application fee may be charged.

Nondiscrimination.

The Township is an equal opportunity employer. It is the Township's and the Commission's policy to grant equal employment opportunities to qualified persons without regard to race, religion, color, national origin, gender, age, veteran status, marital status or nonjob-related physical or mental handicap or disability or any other protected classification under applicable law. The Township and the Commission will provide equal opportunities in employment and promotion.

Availability.

Application forms shall be available through an online website designated by the commission. In the event of a technical issue with the website, applicants will be allowed to submit a paper copy. However, the Commission assumes no responsibility for missed filing deadlines due to a delay in the receipt of the application.

If the Township, through the Civil Service Commission, elects to participate in the Lehigh County Chiefs of Police Association Consortium, the consortium shall oversee the application process. If this option is selected, all applications for initial application periods, forms, and paperwork to be filled out for the written examination and physical fitness testing process shall be overseen and controlled by the consortium. All applicants shall follow the process, rules and regulations set forth by the consortium and shall be in compliance with all state statutes regarding civil service requirements.

General qualifications for all applicants.

Every applicant for any position in the Whitehall Township Police Department must meet the following qualifications:

He or she shall be a citizen of the United States.

No person shall be eligible to apply for examinations for the positions of police officer unless he or she will attain the minimum age of 21 years within 60 days following the date said examination is given.

He or she shall possess, prior to appointment, a valid motor vehicle license permitting the operation of a motor vehicle in the Commonwealth of Pennsylvania.

Applicants must either: (i) possess a high school diploma or a G.E.D. certificate together with either an associate degree or 60 semester credit hours in an accredited institution of higher education prior to appointment. The term "accredited institution" shall mean that the institution is published in the most current Higher Education Directory as published by Higher Education Publications, Inc.

A waiver of the education requirement can be obtained under the following conditions. Only one waiver per candidate, as follows, is allowed:

Sixty semester credit hours waived for an applicant with four full years of any law enforcement experience that encompasses the powers of arrest under state and/or federal law, e.g., liquor enforcement officer, corrections officer, probation and parole officer, fish and/or game commission officer. Determination of relevant law enforcement experience to be made on a case-by-case basis.

Thirty semester credit hours waived for the applicant with two full years of any law enforcement experience that encompasses the powers of arrest under state and/or federal law, e.g., liquor enforcement officer, corrections officer, probation and parole officer, fish and/or game commission officer. Determination of relevant law enforcement experience to be made on a case-by-case basis.

Sixty semester credit hours waived for those applicants with at least four years of full active military duty with an honorable discharge.

Thirty semester credit hours are waived for those applicants with at least two years of full active military duty with an honorable discharge.

He or she shall be physically and mentally fit to perform the essential duties of a police officer.

Applicants must reside within the Township boundaries or within a fifteen-mile radius of such boundaries within six months of completing their probationary period.

Willful prior false application to any department. No person who has made any willful false application in the past to any law enforcement agency shall be permitted to make an application or future application for any position in the police department. Examination of the circumstances will be conducted on a case-by-case basis by the background investigator. An individual who has been removed by the Whitehall Civil Service Commission from a prior eligibility list for cause, will subsequently not be considered for examination with Whitehall Township, unless the removal was for time limits associated with the prior use of narcotics, as per the Whitehall Township employee drug policy.

Examination admission. No one will be admitted to any examination unless there is official notice from the Commission, or it's designee, of their right to take such examination. This notice shall be mailed, emailed, or delivered personally to the applicant at least three days prior to the examination. It shall contain information as to the time, duration, place of the examination, and the materials or equipment, if any, to be brought by the applicant.

If the Township, through the Civil Service Commission, elects to participate in the Lehigh County Chiefs of Police Association Consortium, the consortium shall oversee the application process. If this option is selected, all applications for initial application periods, forms, and paperwork to be filled out for the written examination and physical fitness testing process shall be overseen and controlled by the consortium. Candidates will be notified by the consortium of all relevant dates and times at the point of website application.

Application retention.

All applications shall remain on file for five years. Minor errors or omissions in an application on file may be corrected only after special permission from the Secretary of the Commission. The date of original receipt, corrections, and actions pertaining to the applicant shall be noted on the application form. Applications are valid only for the examination for which they are entered.

Initial application process.

Filing of applications.

If the Township, through the Civil Service Commission, elects to participate in the Lehigh County Chiefs of Police Association Consortium, the consortium shall oversee the recording of applications. All applicants shall follow the process, rules and regulations set forth by the consortium.

However, from the point of completion of the written examination process and the physical fitness testing process hereafter, applicants shall file all additional supplemental information, forms, waivers, and any other paperwork with the office of the Chief of Police or his/her designee.

§ 1-91 Examinations: entry level.

Examinations.

The Commission may designate the Bureau of Local Government Services, Municipal Consulting Services Division; the State Civil Service Commission; Pennsylvania Chiefs of Police Association; Lehigh County Chiefs of Police Association; or any other recognized examining agency, to act as examiner for the written and/or oral examinations. The Commission shall reserve the right to accept or reject, in whole or in part, the recommendations of the regularly appointed examining agency. The oral examination and the written examination of any applicant shall be the responsibility of the Commission, provided, however, that the Commission may designate, from time to time, such persons qualified in oral examining procedures and techniques, or qualified to evaluate performance or service records as are considered necessary to assist in such examinations and evaluations.

The examination of applicants for the position of police officer shall consist of the following tests given in the order below:

Written civil service examination.

Physical agility test.

Oral examination.

Background investigation.

Polygraph test (police officer applicant only).

Psychological examination.

Medical examination and drug test.

Public notice of the time and place of every examination, together with the information as to the kind of position to be filled, shall be given by publication once in a newspaper of general circulation in the Township at least 30 days prior to the written examination, and a copy of the notice shall be prominently posted in a public place in the Municipal Building and Public Safety Building, if the examination is for a police position. The public notice shall also contain the following information:

The kind of position to be filled.

The period during and location at which applications will be received.

The public notice may further include a statement of the residence requirements, starting salary and benefits, education requirements, application processing fee, and/or any other pertinent information as deemed appropriate by the Commission.

If Whitehall Township, through the Civil Service Commission, elects to participate in the Lehigh County Chiefs of Police Association Consortium, the consortium shall oversee all advertisement requirements pursuant to the written examination as well as the physical fitness testing. The consortium shall comply with all state statutes regarding civil service advertising.

Notice of examination. In addition to the public notice, the Township's Mayor, or their designee, shall give notice to each qualified applicant:

By mailing, emailing, or otherwise delivering to each applicant a notice which shall include the date, time, and place of the written and oral examinations.

Every notice to applicants shall be mailed, emailed, or otherwise contacted at least five days prior to the date fixed for examination. Only applicants receiving notices to report for any examination shall be permitted to participate in such examination. Failure to report for an examination, in accordance with the instructions contained in the written or verbal notice, shall disqualify the applicant.

If the Township, through the Civil Service Commission, elects to participate in the Lehigh County Chiefs of Police Association Consortium, the consortium shall oversee the application process. If this option is selected, all applications for initial application periods, forms, and paperwork to be filled out for the written examination and physical fitness testing process shall be overseen and controlled by the consortium. Candidates will be notified by the consortium of all relevant dates and times at the point of website application.

A statement of medical approval from a certified medical doctor must appear in the application form, and a copy of each signed statement of medical clearance shall be filed with the application prior to the physical assessment.

Penalty for improper conduct.

If any applicant shall be found guilty of any act tending to defect the proper conduct of any examination or the result of an examination, his name shall be removed from the eligible list resulting from the examination, and the applicant shall not be permitted to make future application for any Township police position.

Written test.

The written civil service examination for new police hires shall be a test of general aptitude.

Physical assessment examination.

An applicant for the position of police officer must meet the requirements set forth in the physical fitness tests, standards and programs in law enforcement as written by the Cooper Aerobics Center, MPOETC, or any recognized physical agility testing program. The testing agency is solely responsible for determining pass/fail of the exam.

Oral test.

The oral test for new police hires shall be designed to test general aptitude.

The oral examination part of the examination for appointment shall be administrated by at least five examiners knowledgeable in police affairs designated by the Commission. The identities of the examiners, prior to the administration of the oral examination, shall be known only to the Commission and shall not be disclosed by the Commission. The examiners shall be instructed to maintain the confidence and shall communicate the report to the appointing authority designee and the Commission only.

Any veteran who has at least a 70 combined weighted score for the entry level written and oral examinations shall have an additional 10 points added to the combined weighted score for an entry level position as a police officer. Such persons must present proof of their status as veterans in such form as may be satisfactory to the Civil Service Commission before being given preferential treatment. The ten-point preference shall be awarded to veterans receiving either honorable discharges or discharges under honorable conditions, but not to those veterans discharged under other than honorable conditions.

The initial term of active obligated service enlistment must have been completed at the time of the test to include Reservists/National Guard members, or the member must have received a final discharge from active duty, Form DD-214. The character of service must be "positive."

Note: Any applicant who is serving and was deployed or was recalled to federal active duty (regardless of active-duty length or place of service, even if they are still within their initial term of Reserve or National Guard enlistment) who provides a DD-214 showing the active duty and a positive character of service, is to be awarded veterans' preference points. This does not include the DD-214 that is issued to a Reservist or Guardsman at the end of boot camp.

Discharged personnel. Applicants must provide a nonreturnable copy of your certificate of release or discharge from active duty, Form DD-214, Member-4 copy. If you do not possess the Member-4 copy, you may submit the Member-1 copy along with a copy of your honorable discharge certificate.

Active enlisted personnel. Applicants who have reenlisted or who are currently in the Reserves or National Guard members must submit a letter (on military letterhead) from a commanding officer which details the following information:

Full name.

Social Security number.

Original date of enlistment.

Completion date of initial enlistment.

Obligation date.

Character of service, thus far.

Statement if deployed in combat.

Active commissioned officers. Applicants who have completed officer candidate school and have no term of obligation must provide a letter (on military letterhead) from a commanding officer which includes:

Full name.

Social Security number.

Original date of appointment.

Character of service, thus far.

Spouses of deceased veterans. Establish and submit the spouse's eligibility according to the criteria above and a death certificate.

Spouses of disabled veterans. Establish and submit the spouse's eligibility according to the criteria above and proof of the spouse receiving service-connected disability compensation. Acceptable forms include:

Department of Veteran's Affairs standard of notification letter.

Department of Veteran's Affairs promulgation letter.

Department of Veteran's Affairs tax abatement letter.

Department of Veteran's Affairs benefit verification.

Written approval from the disabled spouse to use the preference. Email is acceptable.

Spouses cannot be currently using the preference.

Applicants must provide the correct and required document(s) by the certification date established by commission, to receive consideration for veterans' preference points. Documents submitted prior to the commencement, or after the conclusion, of the submission period will not be accepted. The submission period commences on the day that the candidate background investigation begins. Submission of correct and required document(s) is required for each test cycle, regardless of the status of previous document submissions. Documentation is to be forwarded to the Whitehall Township Police Department, 3223 MacArthur Road, Whitehall, PA 18052. Documents submitted to any other source will not be accepted.

(9)

Any inaccurate/incomplete documentation or untimely documentation submitted will not be considered when awarding veterans' preference points.

Testing calculation.

The written test and the oral test will each be scored on a basis of 100 points and the passing grade for each will be 70 points. An applicant must get a passing grade on the written test, and a passing physical assessment to be eligible to take the oral test. An applicant must get a passing grade on the oral test to be included on the certified list of eligible candidates. The written test will be weighted for 50% of the final grade and the oral test weighted for 50% of the final grade. This combined weighted grade will be the final examination score for creation of the eligibility list. To be certified on the eligibility list, an applicant will have to have at least a combined weighted score of 70, and attainment of a score within the top 50 applicants for the exam. Those applicants not achieving both prerequisites will not be included in the final certification. Veteran's preference points will be calculated at the end of the test process as per Subsection J of this chapter.

After the results of the testing process are compiled, and veteran's preference points are included, the names on the eligible list shall be arranged top to bottom, from the highest test score to the lowest test score. The number of candidates determined by the appointing authority to be sufficient to meet the Township's needs in filling the advertised position or positions shall then be designated, in the order of the results from highest test score to lowest test score. Such designations shall continue to be made in this manner, as needed, throughout the life of the eligible list.

An applicant receiving the minimum passing score for a written examination as outlined in Subsection K(1) which equals the score of the 50th applicant shall also be permitted to participate in further testing.

The list shall be posted in a prominent location in the Whitehall Township Municipal Building lobby.

Notice of applicant's grade.

When the grading of all examinations is completed, the Secretary shall give each applicant written notice of their grade. An applicant not receiving a passing score on the written, physical agility, or oral examinations shall not be permitted to proceed to the next level of testing and therefore becomes ineligible. The failing applicant shall receive notice of his/her failure only, not the respective score. The passing applicant shall receive notice of his/her passing and the score associated with his/her passing.

Act 120 Patrol Officer Transfer List.

The appointing authority, at its discretion, may elect to utilize an Act 120 Transfer list in lieu of the general police officer hiring list referenced in § 1-90 Applications: entry level. If the appointing authority utilizes this option, no other civil service hiring list may remain in place until the transfer list is either exhausted or decertified by the Commission.

The Commission shall have two separate procedures for screening and ranking applicants for patrol officer. One, for lateral transfers, will limit applicants to current Act 120 certified Pennsylvania municipal police officers and current Pennsylvania State Troopers, in each case with at least two years of full-time service as of the application filing deadline.

At the time a testing cycle for a patrol officer is announced, the Commission shall specify whether the testing cycle is open to Act 120 transfers or to general interested applicants.

The lateral transfer examination for a patrol officer shall consist of one oral examination which will be graded on a 100-point scale. The oral examinations shall include questioning applicants regarding how they would respond to relevant law enforcement situations and other matters which reasonably test the applicants' ability to perform police work as a patrol officer. One oral examination shall be conducted by a panel designated by the Commission. In addition, each applicant will undergo a physical fitness test. This physical fitness test will be graded on a pass/fail basis for every applicant. After an applicant has been extended an offer of employment, final appointment shall be contingent upon the applicant passing a polygraph, medical/drug screen, and psychological examination as well as passing a background investigation.

Subsection J of § 1-90, Examinations, relating to veteran's preference and points, shall apply to the hiring of lateral transfer police officers. The 10 points will be added to the final score at the end of the testing process, and the final ranking will reflect the inclusion of these points.

§ 1-92 Appointments.

Creation of eligibility list for entry level positions and promotions.

At the completion of the examination requirements set forth in § 1-91, Examinations: entry level, the Commission shall rank all passing applicants on a list with the applicant receiving the highest score at the top of the list and the applicant receiving the lowest passing score at the bottom of the list. Applicants for patrol officer who qualify for veterans' preference points shall have those points added to their passing score prior to being ranked on the eligibility list.

When two or more eligible applicants receive the same final weighted score, the order in which the names of such persons shall appear on the eligibility list shall be determined by the date and time of the filing of application. Eligibility lists shall be filed in the Office of the Township's Mayor and shall also be posted on the bulletin board in the Township Municipal Building and Police Headquarters building.

An eligibility list certified by the Commission shall remain in effect for a period of one year from the date of certification of the list. The Commission may, at its sole discretion, void an eligibility list at any time for any reason.

Further testing.

The number of applicants determined by the appointing authority to be sufficient to meet the Township's needs to fill the advertised position shall, in the order of highest to lowest in which they are listed on the list, proceed to the next portion of the examination. Those that do not proceed to the next portion of the examination at that time shall remain on the list and shall be designated for further testing as needed during the life of the list.

Any applicant designated for further testing shall first receive a conditional offer of employment and shall undergo the following tests in the order below:

Background investigation.

Polygraph test (police applicants only).

Psychological test.

Medical examination and drug test.

The above tests shall be graded on a pass/fail basis. The applicant must first pass a test before being eligible to take the next one. If any applicant fails any of the above, the applicant shall be rejected at that point.

Examination papers shall be subject to the same legal restrictions as the minutes and other records of the Commission and shall be preserved accordingly.

The background investigation shall be sufficient to provide information on those subjects for which an applicant may be rejected by law.

Refusal to examine or to certify.

The Commission may refuse to examine any applicant who is found to lack any of the minimum qualifications for examination prescribed in the rules and regulations for the position or employment for which the applicant has applied. The Commission may also refuse to examine any applicant who refuses to execute a document waiving any liability against the Township for any injury or physical condition incurred by such applicant during the physical agility portion of the examination.

All applicants shall be required to completely and accurately complete all applications, forms, waivers, and questionnaires provided for the application and hiring process. Failure to fill out any application, form, waiver, or questionnaire accurately, truthfully, and completely may result in disqualification from the process.

The Commission shall refuse to certify as eligible any applicant who fails to accurately and truthfully disclose all facts and information requested of the applicant in the application, psychological testing, physical examination, or interviews conducted pursuant to the background examination. If an applicant fails to appear for any scheduled examination or interview, that applicant shall immediately be removed as an eligible applicant. If an applicant's credit history is unsatisfactory to possibly affect police work, this may disqualify the applicant.

If, at any time, an applicant desires to be removed from further consideration for inclusion in the eligibility list, the applicant shall submit that request in writing to the Commission. After receipt of the same, the Commission shall remove that person's name from further consideration as an applicant. The Commission shall notify that person in writing of the same.

If a person on the eligibility list fails to respond to a communication sent to that party's current phone number, email address, or address on file with the Commission or fails to appear for any scheduled testing or interviews, that party's name shall be removed from the eligibility list upon action of the Commission.

After examination, the Commission may object to one or more of the persons certified pursuant to Section 637 of the First-Class Township Code, as amended, refuse to certify as qualified for appointment any applicant who:

Any applicant who is found to lack the minimum qualifications for examination prescribed in these rules and regulations, by close of application deadline; or

Has any physical condition or medical history which, in the opinion of the physician who conducted the physical examination, shall make the applicant unfit for the duties of the position to which the applicant seeks employment; or

Is illegally using a controlled substance as defined in the Controlled Substances Act (Public Law 91-513, 21 U.S.C. § 802); or

Has been convicted of a disabling offense as described in the Municipal Police Officers Education and Training Commission Rules, or has been found guilty of any crime involving moral turpitude or infamous or notoriously disgraceful conduct; or and has been adjudged guilty, has pled guilty, nolo contendere, or has had the matter disposed of in any manner other than dismissal for lack of evidence or upon a finding of not guilty; or

Has been dismissed from public service for delinquency or misconduct in office; or

Is affiliated with any group whose politics or activities are subversive to the form of government set forth in the constitution and laws of the United States and Commonwealth of Pennsylvania; or

For any other cause specified in the enabling act or this chapter.

Penalty for false statements.

The statements made by the applicant in the official short or long applications shall contain no falsification, omission, or concealment of material fact. Should investigation disclose any willful misstatement, falsification, or concealment with respect to an application:

The application shall be invalid, and the applicant shall be disqualified from examination, or

If the applicant shall have been examined, the name of such applicant shall be removed from the eligible list, or

If the applicant shall have been appointed, such willful misstatement, falsification or concealment shall constitute grounds for dismissal from the Police Department.

No person who shall make any willful false application shall be permitted to make future application for any position in the Bureau of Police.

If any applicant feels aggrieved by the action of the Commission in refusing to examine or to certify the applicant as qualified for appointment after examination, the Commission shall, at the request of such person, within 10 days appoint a time and place where he or she may appear personally and by counsel. At the public hearing, the applicant or individual aggrieved may appear with or without counsel and the Commission shall take testimony and review the Commission's refusal to provide the examination or certification. The deliberations of the commission regarding the matter, including interim rulings on evidentiary or procedural issues, may be held in a closed executive session. The Commission's disposition of the matter shall constitute official action which shall occur at a public meeting held pursuant to 65 PA.C.S. Ch. 7 (relating to open meetings) and the Commission's decision on the matter shall be final.

Appointment.

If no furlough list exists (see Subsection Q, and/or § 1-97, Furlough lists) or if any position remains to be filled after all the eligible former police officers on the furlough list have been offered reemployment, every position, except that of Chief of Police and Deputy Chief of Police, shall be filled only in the following manner:

The appointing authority of the Township shall notify the Commission of any vacancy which is to be filled and shall request certification of the names of the highest ranking three persons on the eligibility list, relative to the number of positions to be filled.

The Commission shall certify to the appointing authority a list of the names of the requested number of highest ranking persons on the eligibility list. If there are fewer names on the eligibility list than necessary to satisfy the request, the Commission shall certify the names of those persons on the eligibility list though less than that requested and shall advise the appointing authority that there are fewer names than requested.

The appointing authority of the Township shall make a conditional appointment from the three highest ranking names on the eligibility list for each vacancy. If the number of persons on the eligibility list is less than three persons, the appointing authority may decline to make any appointment and order the establishment of a new eligibility list so that the Commission may certify a list of three persons.

Where the appointing authority of the Township notifies the Commission that there is more than one position of the same rank to be filled, the following procedure shall be used: The Commission shall certify from the eligibility list the names of the highest ranked applicants equal to the number of positions to be filled, plus the next two. Appointment for each position shall be made from the names of the three highest ranking persons on the eligibility list. As each position is filled, the name of the appointed applicant shall be removed from the eligibility list, and the name of the next highest-ranking person on the eligibility list shall be moved up to third place on the eligibility list for consideration for appointment to the next position to be filled.

The Township may object to one or more of the persons certified pursuant to Section 637 of the First-Class Township Code, as amended. If the candidate to whom the Township objects fails to timely exercise the rights of appeal under § 1-89, General administration, Subsection K(4) or if the Commission sustains the objection(s), the Commission shall strike the name of that candidate from the eligibility list and certify the next highest name for inclusion on the list of three candidates for each name stricken off.

Appointment procedures. Whenever the name of a person is certified from either the furlough or eligibility list, the person shall be notified immediately of such certification by registered or certified mail. The notice shall include the title of the position and the compensation to be paid and shall request a written reply determining interest in said position within 10 days from the date of mailing.

Upon disposition of vacancy, the eligibility list shall be updated by the Administration.

Administration shall provide notification to all three candidates concerning the disposition of vacancy.

Background investigation.

The Commission shall request the Chief of Police or the Chief's designee to conduct a background investigation on a sufficient number of applicants to ensure filling vacancies for the foreseeable future.

The background investigation may include but not be limited to interviews with the applicant's family, acquaintances, current and former employers, current and former neighbors, references and current and former teachers and school officials.

At a minimum, personal interviews shall be conducted with at least three people that have personal knowledge of the applicant but who are not related to the applicant and with the applicant's employer(s) for the past five years.

The background investigation shall also include a criminal history check, including the submission of fingerprints to the Central Repository for the Commonwealth of Pennsylvania and the Federal Bureau of Investigation.

The applicant's credit history and record of criminal convictions shall also be investigated, as well as the applicant's driving record for verification that he possesses a valid driver's license.

The applicant may be interviewed directly when the information collected during the background investigation required clarification or explanation.

If necessary to complete a thorough background investigation on any applicant, the Commission may, upon the request of the Chief of Police or his designee, subpoena the personnel records maintained by any other police department(s) by which the applicant was previously employed.

The minimum requirements, other than those defined in § 1-90, Applications: entry level, Subsection A, for each position shall be as follows:

Frequently contact and interact with the public in a variety of situations and circumstances, exercising a level of tact, judgment, initiative, and control appropriate for the situation at hand.

Understand the sometimes-complex laws and ordinances they are expected to enforce and the department policies and regulations they are expected to follow.

Make immediate situational assessments and action judgments in circumstances that are volatile and potentially life-threatening, including confrontations with violent, combative, or otherwise disturbed or dangerous persons.

Work efficiently and effectively under a variety of adverse conditions and in often stressful and extremely hazardous circumstances, including exposure to ever-changing weather and atmospheric conditions, working in close quarters, moving indoors and outdoors numerous times during the daily work tour, exposure to blood-borne pathogens and other health/safety risks, confronting potentially life-threatening physical hazards.

Perform various physically exerting tasks such as heavy lifting, running, climbing, jumping, and dragging/pulling.

Carry out complex orders and manage and complete several complex tasks simultaneously.

Move seamlessly between working independently and as part of a team.

Adapt to a constantly rotating work schedule that routinely requires working at night, on weekends, and on holidays.

After the background investigation is completed, the Chief, or designee, shall make a written recommendation to the Commission if the applicant is deemed inappropriate for consideration for appointment as a police officer.

Appropriateness of the applicant shall be based, inter alia, on the criteria set forth in Subsection J of this section and § 1-90, Applications: entry level, Subsection A of the Civil Service Rules. This recommendation shall be in writing and, if the recommendation is to disqualify, then a written explanation of the reasons for disqualification must be included. The Commission shall make the final determination on whether the information collected during the background investigation warrants rejection of the candidate. Within 30 days after the Commission considers the recommendation of the Chief of Police or designee, each applicant will be informed of whether they have passed the background investigation.

Removal of names from furlough and eligibility lists. In addition to the other reasons stated as grounds for removal in these rules, the name of each person appearing on a furlough list or an eligibility list shall be removed by the Commission, if such person:

Is appointed to an entry level position in the Bureau of Police.

Declines an appointment to a full-time position on the police force.

Fails to make written reply to the Commission within 10 calendar days from the date of mailing of a notice of certification, provided that the person has been duly informed of this regulation.

Indicates availability for appointment and is appointed to fill a vacancy but fails to report for duty at the time prescribed, unless such person can show good and sufficient reason to the Township Executive for failure to report.

Request such removal in a signed writing.

Fails to appear for a scheduled interview or fails to respond as directed to any communication sent to them at the last correct address they filed with Commission.

Nothing in this section, however, shall be construed as authorizing the removal of the name of a person from a furlough or eligibility list, if the person refuses to accept a position of a lower rank than that from which furloughed or for which the person is eligible on a Commission list.

Should the appointing authority request positions requiring special scientific, professional, technical, clerical, or mechanical skills, the Commission shall specify minimum qualifications for such positions.

Examinations may be conducted under the direction of the Secretary of the Commission or proctors, or examiners designated by the Commission. Notice of the appointment of such proctors or examiners shall appear in the minutes of the Commission. The Commission may issue instructions to ensure the fair, equal, and honest conduct of all parts of the examination.

Physical, psychological, and polygraph examinations.

After the appointing authority selects a candidate from the certified list of three for appointment to the vacant position, that candidate shall receive a conditional offer of employment, and submit to a physical examination, a psychological examination, and a polygraph examination by the appropriate experts. The physician, psychologist, polygraph operator shall be the one chosen by the Township, unless for cause, the Civil Service Commission directs otherwise.

Also, pursuant to guidelines proscribed by the Municipal Police Officers' Education and Training Act, the candidate shall submit to the Nelson-Denny Reading Exam and a physical fitness test. If the candidate successfully passes the physical, psychological, and polygraph examinations, then that employee shall be appointed to the vacant position in the police department for which he/she had applied. The appointment shall be contingent upon successfully passing both the physical and psychological and polygraph examinations.

Failure to pass any of the examinations shall result in the candidate being rejected from consideration. The rejected candidate may appeal this decision under § 1-89, General administration, Subsection K(4).

Medical requirements.

After the conditional offer of employment, that candidate shall submit to a physical examination, at the Township's expense, that establishes that they can perform the essential duties of a police officer as outlined by the Commission. In addition, the candidate will be required to submit to a panel drug screening test. The medical facility at which the physical will be performed, will be the one chosen by the Township, unless for cause, the Civil Service Commission directs otherwise.

After the conditional offer of employment, that candidate shall submit to a psychological examination by the appropriate experts, at Township's expense, establishing that the candidate can perform the essential job functions of a police officer as submitted to the psychological examiner. The physician or psychologist chosen shall be the one chosen by the Township, unless for cause, the Civil Service Commission directs otherwise.

The Township shall, as needed, appoint one or more medical examiners and one or more psychological examiners to conduct all medical and psychological testing required by the provisions of this section.

The physician or physicians shall, within 72 hours after examining an applicant, submit to the Commission a medical report upon forms prescribed and furnished by the Commission. The medical report shall indicate whether the applicant is medically fit to perform the duties of the position for which he seeks employment. If an applicant is found not to be medically fit, the applicant shall be rejected by the Commission.

Every applicant for the position of police officer must meet the following physical requirements as essential functions of the position:

The applicant shall have no physical condition or medical history which, in the opinion of the physician conducting the physical examination, should be cause for rejection.

The applicant shall demonstrate at least "20/40" corrected vision in each eye.

Reappointment.

A vacancy in an existing position in the police force which occurs because of retirement, resignation, disability, or death may be filled by the appointing authority by the reappointment or reinstatement of a former employee of the police force who had previously complied with the provisions of this section. A physical examination, psychological examination, and physical agility test shall be required in a case of reappointment or reinstatement to the force or department with which the employee previously served. The appointing authority of the Township may fill any vacancy in an existing position in the police department that occurs because of expansion of the police force, retirement, resignation, disability or death by the reappointment or reinstatement of a former employee of the police department who had been furloughed. Except for medical and psychological examinations, no other testing shall be required for a furloughed employee or a rehired or reappointed employee, subject to any certification requirements prescribed by the Municipal Police Officers' Education and Training Commission.

Probationary period.

Every successful applicant to the position of patrol officer shall serve a twelve-month probationary period. For newly hired patrol officers, the twelve-month probationary period shall not commence until after the officer has completed training under Act 120 and receives a certification number. During the probationary period, a newly hired officer may only be dismissed for the reasons set forth in § 1-92, Appointments, Subsection E and § 1-94, Removals and suspensions.

At the end of the twelve-month probationary period, if the conduct of the probationer has not been satisfactory to the Township, the probationer shall be notified in writing that the appointment will not be permanent. At that time a newly hired officer's employment shall end. Any officer who is not informed in writing that his performance has been unsatisfactory, shall receive a permanent appointment to the new position. Any probationer who is notified in writing that his appointment will not be made permanent has no right of appeal under these rules.

§ 1-93 Promotions.

General qualifications of applicants for promotion. All applicants for a promotional position of Sergeant, Lieutenant, and Deputy Chief shall meet the following qualifications:

In addition to meeting the qualifications set forth in these rules, all applicants for a promotional position, except Police Chief, shall have not been suspended without pay for more than five days in the three years prior to the deadline for submitting applications. Any suspension to which the applicant has timely appealed pursuant to these rules shall not be considered for the purpose of this section unless the suspension is upheld on appeal prior to the creation of the eligibility list.

All applicants shall have continuous prior service with the Whitehall Township Police Department as of the deadline for submitting applications as follows:

Rank/Position	Service Time
I. Sergeant	4 years
II. Lieutenant	8 years*
III. Deputy Chief	15 years**

*	Must currently hold the rank of Sergeant.
**	Must currently hold the rank of Sergeant or Lieutenant with at least four years combined experience with a police department.

He/she shall have demonstrated an ability to carry out orders from superiors.

He/she shall demonstrate a working knowledge of police science and administration.

He/she shall demonstrate the ability to supervise the work of subordinates.

An applicant for the position of Deputy Chief of Police shall have a minimum of 15 years full-time law enforcement experience as a police officer.

An applicant for the position of Deputy Chief shall have at least four years combined experience as a Sergeant and/or Lieutenant within a police department.

Sergeants of Police are experienced police officers with outstanding police skills and demonstrable leadership qualities. Specifically, Sergeants of Police must possess skills and abilities to:

Make immediate situational assessments and operational and tactical decisions in police situations, exercising a level of tact, judgment, initiative, and control appropriate for the situation at hand.

Provide immediate, clear, and unequivocal direction to police personnel under their command in even the most high-stress situations.

Make immediate supervisory and administrative decisions vis-a-vis personnel matters involving officers under their command.

Understand the complexities of criminal procedure and provide guidance on such to officers under their command.

Complete a variety of administrative tasks related to the day-to-day supervision of a subunit of the police department.

Act in the capacity of the overall commanding officer of the subunit or division in question as needed or directed.

(9)

Lieutenants are experienced police supervisors who have demonstrated outstanding supervisory skills, administrative capabilities, and leadership qualities. Specifically, Lieutenants must possess skills and abilities to:

Provide command-level supervision and oversight vis-a-vis the overall performance and conduct of personnel under their command.

Make immediate evaluations of operational and tactical actions in police situations, providing command oversight and support.

Provide immediate and unequivocal command direction and oversight during police vehicular and foot pursuits, at crime scenes, and during critical incident responses.

Provide command direction regarding manpower and resource allocation to ensure the uninterrupted flow of police services during critical incidents and other police and civil emergencies.

Ensure that the subunit or division provides appropriate support and assistance to personnel in other subunits and divisions within the department.

Provide command direction vis-a-vis requests for assistance from other law enforcement, government, and civilian agencies (including requests for support during police actions, tactical operations, and critical incidents).

Make overall administrative command decisions vis-a-vis personnel under their command.

Ensure that routine and special detail assignments with the subunit or division are appropriately staffed each tour of duty.

(i)

Conduct investigations of complaints against personnel under their command.

(j)

Recommend personnel under their command for commendatory recognition, or for administrative or disciplinary action, as appropriate.

(k)

Conduct performance evaluations of personnel under their command.

(l)

Review reports, legal documents, and other paperwork submitted by personnel under their command, and provide support and assistance as needed.

(m)

Act as general resource for personnel under their command, providing information, support and guidance vis-a-vis legal issues, department policies and process instructions, personnel matters, and other supervisory and command issues.

(n)

Ensure that all equipment condition and maintenance issues coming to light during a tour of duty are appropriately addressed.

(o)

Represent the department in a public relations capacity at various public events and special functions.

Recording and filing of applications.

Letter of intent for promotion. Persons interested in applying for promotion shall sign and deliver a letter of intent to the Township Administration, or their designee. However, the Commission assumes no responsibility for missed filing deadlines due to a delay in the mail.

Filing of letter of intent. Letters of intent for police force positions may be received at any time during normal business hours in the Office of the Township Mayor, or their designee, and such other offices as the Commission may designate. The receipt of such letters of intent shall be subject to the following conditions:

Letters of intent shall be received on or before 4:30 p.m. of the day set by the Commission for the close of the letter of intention period. The letter of intention period shall be no less than 10 business days in length.

The letter of intent shall be valid only for the specific examination date for which the promotional tests have been advertised.

Upon receipt of the letter of intent in the Human Resources Office, the candidate will receive and sign for the reading list that is associated with the written examination.

Resume and letter interest for Deputy Chief of Police. Any officer meeting the qualifications for the appointment to Deputy Chief of Police listed in § 1-95, Noncompetitive examination for Deputy Chief of Police, and Subsection A(2), (6), and (7), shall submit a letter of interest and a resume to the Chief of Police by the due date established by official correspondence.

Rejection of applicant. The Commission may refuse to examine or, if examined, may refuse to certify after examination, any applicant as eligible, as provided below in Subsection G, Creation of eligibility list for promotions:

Any applicant who is found to lack the minimum qualifications for examination prescribed in these rules and regulations, by close of application deadline, or

Who is physically or mentally unfit to perform the full duties of the position to which he/she seeks employment, or

Who is a user of prescription drugs or narcotics without medical authorization, or who engages in the habitual use of intoxicating liquors or narcotic drugs as defined within the Controlled Substances Act, or

Who has been convicted of a felony, or

Who has been convicted of a disabling offense as described in the Municipal Police Officers Education and Training Commission Rules, or arrested for any crime involving moral turpitude or of infamous or notoriously disgraceful conduct, and has been adjudged guilty, has pled guilty, nolo contendere, or has had the matter disposed of in any manner other than dismissal for lack of evidence or upon a finding of not guilty, or

Who has been dismissed from public service for delinquency or misconduct in office, or

Who is affiliated with any group whose politics or activities are subversive to the form of government set forth in the constitution and laws of the United States and Pennsylvania.

Penalty for false statements. The statements made by the applicant in the official short or long applications shall contain no falsification, omission or concealment of material fact. Should investigation disclose any willful misstatement, falsification or concealment with respect to an application:

The application shall be invalid, and the applicant shall be disqualified from examination, or

If the applicant shall have been examined, the name of such applicant shall be removed from the eligible list, or

If the applicant shall have been appointed, such willful misstatement, falsification or concealment shall constitute grounds for dismissal from the police department.

No person who shall make any willful false application shall be permitted to make future application for any position in the Bureau of Police.

Public notice of examinations.

Promotions. Notice shall be published at least 60 days prior to an examination, and the notice shall be posted at Police Headquarters, in addition to the Municipal Building.

For promotional examinations, reading lists shall be distributed under the guidelines recommended by the testing agency. Upon receipt of the letter intent in the Human Resources Office, the candidate will receive and sign for the reading list that is associated with the written examination.

General examination requirements.

Examination for promotion.

The examination for promotion consists of written examination and an oral examination. The written civil service examination for promotion of police shall generally include questions designed to show reading comprehension, a general knowledge of traffic rules, arithmetic, and other information which will have practical police department use. It shall also be designed to test the ability of the applicant to grasp quickly and accurately the necessary details of any situation at the scene of a crime or at an accident.

The oral test for new and promotion of police shall be designed to test the aptitude of the applicant for police and to evaluate the appearance, manner, speech, social adaptability, and general impression which is created by the applicant before the public.

The oral examination part of the examination for appointment shall be administrated by at least three examiners knowledgeable in police affairs designated by the Commission, unless fewer numbers are accepted by the applicant. The identities of the examiners, prior to the administration of the oral examination, shall be known only to the Commission and shall not be disclosed by the Commission. The examiners shall be instructed to maintain the confidence and shall communicate the report to the Commission only.

Questions relative to promotion shall be practical in character and fairly test the merit and fitness of persons seeking promotion.

The examination for the appointment to the position of Deputy Chief shall consist solely of a noncompetitive oral examination.

Administration of examinations.

The Commission may designate the Bureau of Local Government Services, Municipal Consulting Services Division; the State Civil Service Commission; Pennsylvania Chiefs of Police Association; or any other recognized examining agency, to act as examiner for the written and/or oral examinations. The Commission shall reserve the right to accept or reject, in whole or in part, the recommendations of the regularly appointed examining agency. The oral examination and the written examination of any applicant shall be the responsibility of the Commission, provided, however, that the Commission may designate, from time to time, such persons qualified in oral examining procedures and techniques, or qualified to evaluate performance or service records as are considered necessary to assist in such examinations and evaluations.

Passing scores; promotion.

Applicants for promotion.

The Commission shall in its sole discretion establish a minimum passing score for the written examination.

[a]

The identity of each member taking the written examination shall be recorded by the examining entity for documentation of the candidate's results. The identity of any candidate shall not be revealed until all written test papers have been scored and a minimum passing score set in accordance with these rules.

[b]

The examination for the positions of Sergeant and Lieutenant will consist of a written and an oral examination, each of which will be graded on a scale of 100 points. The written examination will account for 50% of the final grade and the oral examination will account for 50% of the final grade. The combined test examinations shall be graded on a 100-point scale, and an applicant must achieve an overall passing score of 70% to be ranked on the final civil service eligibility list. All applicants will be given written notice of their test results after the combined scores are calculated.

[c]

All candidates for promotion to the rank of Sergeant and Lieutenant of Police who completed the written examination shall be scheduled for an oral examination. The oral examination shall be graded on a scale of 100 points and shall involve grading the applicants on how they handle situations relevant to police work. After the oral examination, the applicant shall be informed of his/her written score and his/her oral examination results and passing candidates will be advised of their overall final score and candidate ranking.

Additionally, no applicant shall be eligible to take the written examination who has received an unsatisfactory grade from his/her immediate supervisor or from the Chief of Police on his/her standard evaluation for the year of service immediately prior to the date of application.

[a]

An "unsatisfactory" rating must be supported by corroborating evidence from the applicant's file which had been disclosed to the applicant at the time of its placement in the files.

[b]

An applicant is precluded from seeking consideration for promotion because of an unsatisfactory rating, he/she shall be so advised and shall have the right to appeal said rating in writing to the Commission within 10 days of such advice. Said appeal shall include all reasons why the applicant believes that the unsatisfactory rating is incorrect. The Commission shall then supply said appeal to the Chief of Police, and he/she shall have 10 days to reply in writing to the statements contained in the appeal. The Commission shall review the written statements of the applicant and the Chief of Police and shall determine whether the applicant shall be permitted to proceed with his/her application for promotion.

Veterans' preference points.

Veterans' preference points will be provided for initial appointments only.

Creation of eligibility list for promotions.

At the completion of the examination requirements set forth in Subsection F of this chapter, written examination, and oral examination, the Commission shall rank all passing applicants on a list with the applicant receiving the highest score at the top of the list and the applicant receiving the lowest passing score at the bottom of the list.

When two or more eligible applicants receive the same final weighted score, the tiebreaker will be given to the employee that has more consecutive years, months, and days of service with the Whitehall Police Department. Eligibility lists shall be filed in the Office of the Township's Mayor and shall also be posted on the bulletin board in the Township Municipal Building and Police Headquarters building.

An eligibility list certified by the Commission shall remain in effect for a period of two years from the date of certification of the list. The Commission may, at its sole discretion, void an eligibility list at any time for any reason.

Appointment.

The appointing authority of the Township may fill any vacancy in an existing position in the police department that occurs as a result of expansion of the police force, retirement, resignation, disability or death. Every position, except that of Chief of Police and Deputy Chief of Police, shall be filled only in the following manner:

The Commission shall certify to the appointing authority a list of the names of the requested number of highest ranking persons on the promotion list. If there are fewer names on the promotion list than necessary to satisfy the request, the Commission shall certify the names of those persons on the promotion list though less than that requested and shall advise the appointing authority that there are fewer names than requested.

The appointing authority of the Township shall make a conditional appointment from the three highest ranking names on the promotion list for each vacancy. If the number of persons on the promotion list is less than three persons, the appointing authority may decline to make any appointment and order the establishment of a new promotion list so that the Commission may certify a list of three persons.

Where the appointing authority of the Township notifies the Commission that there is more than one position of the same rank to be filled, the following procedure shall be used: The Commission shall certify from the promotion list the three names of the highest ranked applicants equal to the number of positions to be filled. Appointment for each position shall be made from the names of the three highest ranking persons on the promotion list. As each position is filled, the name of the appointed applicant shall be removed from the promotion list, and the name of the next highest ranking person on the promotion list shall be moved up to third place on the promotion list for consideration for appointment to the next position to be filled.

Objection to certified person.

The Township may object to one or more of the persons certified pursuant to Section 637 of the First Class Township Code, as amended:

Physical or mental disability affecting the individual's ability to continue in service, in which case the individual shall receive an honorable discharge from service.

Neglect or violation of any official duty.

Violation of any law of this commonwealth if the violation constitutes a misdemeanor or felony.

Inefficiency, neglect, intemperance, disobedience of orders or conduct unbecoming an officer.

Intoxication while on duty.

Engaging or participating in the conduct of a political or election campaign otherwise than to exercise the individual's own right of suffrage, except that this clause shall only apply to a police officer while on duty or in uniform or while using township property.

Engaging or participating in the conduct of a political or election campaign for an incompatible office under Section 1401.

If the candidate to whom the Township objects fails to timely exercise the rights of appeal under § 1-89K(4), or if the Commission sustains the objection(s), the Commission shall strike the name of that candidate from the eligibility list and certify the next highest name for inclusion on the list of three candidates for each name stricken off.

Appointment procedures.

Whenever the name of a person is certified from either the furlough or promotion list, the person shall be notified immediately of such certification in writing. The notice shall include the title of the position and the compensation to be paid.

Upon disposition of vacancy, the promotion list shall be updated by the authority, or their designee.

The authority, or their designee, shall provide notification to all three candidates concerning the disposition of vacancy.

Removal of names from furlough and promotion lists.

In addition to the other reasons stated as grounds for removal in these rules, the name of each person appearing on a furlough list or a promotion list shall be removed by the Commission, if such person:

Declines an appointment to a promoted position on the police force.

Request such removal in a signed writing.

Fails to appear for a scheduled interview or fails to respond as directed to any communication sent to them.

Probationary period.

Every successful applicant appointed to a promotional position with the police department shall serve a one-year probationary period. A promoted officer, during probation, may be returned to a prior rank only for cause for the reasons set forth in § 1-96, Suspensions, removals, and reductions in rank.

At the end of the one-year probationary period, if the conduct of the probationer has not been satisfactory to the appointing authority, the probationer shall be notified in writing that the appointment will not be permanent. At that time, a promoted officer shall returned to their previous rank.

Any probationer who is not informed in writing that his performance has been unsatisfactory shall receive a permanent appointment to the new position. Any probationer who is notified in writing that his appointment will not be made permanent has no rights of appeal under this section.

§ 1-94 Noncompetitive examination for Chief of Police.

In the event of a vacancy in the office of the Township Chief of Police, any person nominated by the Township appointing authority to fill the position of Chief of Police by a noncompetitive examination shall be subject to a noncompetitive examination administered by the Commission. The noncompetitive examination shall consist of the following:

The nominee shall meet all the qualifications set forth in § 1-90, applications: entry level, Subsection A, of these rules and regulations and current Act 120 certification.

The nominee shall have a minimum of 15 years full-time law enforcement experience as a police officer, 10 years of progressive supervisory experience in local, state, or federal law enforcement agency.

The nominee shall demonstrate leadership ability to deliver and supervise the work of subordinates. Must possess excellent comprehension, team building, and management skills. Ability to operate standard office equipment and is technology literate.

The nominee shall be medically fit for the essential performance of the duties and job-related functions of a Police Chief. Must successfully pass an extensive background investigation, medical and psychological and drug scan examinations.

The nominee shall possess no criminal record or disciplinary action that is unworthy of being an applicant for position.

Combination of experience and training that provide education, training, knowledge, skill, and ability to lead.

Ability to read, comprehend, understand, interpret law enforcement and criminal activity materials, systems, language, and instructions.

Ability to communicate and write effectively.

(9)

Able to exercise initiative, calmness and discretion when faced with emergency and/or adverse situations; apply common sense, use sound judgment in evaluating situations and making decisions.

(10)

Maintains good power of observation and memory.

(11)

Maintains excellent moral character and socially appropriate behavior.

(12)

Ability to work with others courteously, tactfully, and forcefully (when appropriate).

(13)

Comprehensive knowledge of police and public administration; police modern methods and procedures.

(14)

Knowledge of applicable police department rules and regulations; state and local statues.

(15)

Ability to timely and accurately complete administrative forms and reports, adhere to all rules, regulations, and procedures.

(16)

Able to apply common sense and possess an understanding to carry out instructions.

(17)

Execute job functions with or without supervision and without posing a direct threat to the health or safety to self or others.

(18)

Must be multitasking oriented and able to handle pressure, and stress.

(19)

Ability to apply supervisory principles to analyze and resolve problems.

(20)

Appropriately and efficiently use budget funds, personnel, equipment, materials, facilities, and time as required and in accordance with what is expected.

(21)

Highly developed awareness of the U.S. Constitution; government, state and local criminal code, judicial procedures and process, enforcement techniques, principals, equipment, and procedures.

(22)

Knowledge of the physical and social characteristics of criminal law with particular reference to apprehension; arrests; admissibility of evidence; first aid principles, skills and application; scientific methods of crime detection, and criminal identification and communication.

(23)

The nominee shall take a written test developed by a professional organization selected by the Commission having experience in police job knowledge testing. The test shall be specifically job-related to the duties, skills, and responsibilities of a Police Chief.

(24)

At least two weeks prior to the administration of the written test, the Commission or the testing entity selected by the Commission, shall provide the nominee with the information relative to the length and format of the test and the subject areas that will be covered in the test.

(25)

Reading list for respective examination shall be distributed under the guidelines recommended by the testing agency.

If the nominee meets the qualifications set forth in Subsection A(1) through (22) of this section, and passes the written test, then such nominee shall be certified by the Commission as qualified and may then be appointed to the position of Chief of Police by the Township appointing authority.

§ 1-95 Noncompetitive examination for Deputy Chief of Police.

Scope of position.

The Deputy Chief of Police will be the department's executive officer and will be directly responsible and accountable to the Chief of Police for the overall operation of the department. The Deputy Chief of Police will have complete line and staff authority as delegated by the Chief of Police and will assume the duties, powers, and responsibilities of the Chief of Police in their absence. The Deputy Chief of Police will coordinate the daily operations of the department, coordinate all phases of the entire operation of the police department and strive to develop and maintain esprit de corps, cooperation and loyalty to the department within each operating component and among all individual members of the department.

The position of Deputy Chief of Police will be considered an appointed management position and therefore not subject to civil service provisions. If the police officer in this appointed rank does not accomplish the tasks assigned to them as outlined in this section and otherwise does not violate any department policy, rule, regulation, or commonwealth statute, they will be removed from the position and returned to their previous rank and the pay and benefits of that rank.

Duties and responsibilities. Although general duties and responsibilities are varied and far-reaching, responsibilities shall include supervising and directing specific functions as directed by the Chief of Police, such as:

Fiscal management.

Many areas of fiscal management and monitoring of financial affairs of the department include:

Assisting the Chief of Police in preparing the annual budget, utilizing input from all component supervisors.

Ensuring that the department's fiscal matters comply with the financial requirements established by the Home Rule Charter and Whitehall Township Commissioners.

Providing for liaison between the police department and the office of the Township Manager and other areas of the Township government regarding fiscal matters.

Examining and evaluating all existing equipment serviceability and providing for repair or replacement if required.

[5]

Making recommendations to the Chief of Police on purchases and conducting inspection and inventory of all equipment.

Personnel management.

A multitude of personnel problems and decisions arise on a continual basis requiring departmental action. Some of the duties and responsibilities assigned to the Deputy Chief of Police are:

Conferring with the Chief of Police on a frequent basis regarding the daily operations of the department and in policy planning.

Ensuring uniform interpretation and compliance in all personnel policies and directives, disciplinary procedures, and personnel matters.

With the Chief of Police, conducting regularly scheduled staff meetings with Lieutenants and supervisors; coordinating the flow of information from all components to and from the Chief of Police.

Soliciting input from Lieutenants and supervisors regarding personnel matters that affect the overall operation of the department or pertain to individual units of the department.

[5]

At the direction of the Chief of Police, investigating all allegations of misconduct or complaints against department personnel and submitting to the Chief of Police completed reports concerning these investigations.

[6]

Directing and coordinating all recruitment activities.

[7]

Assisting the Chief of Police with the selection and hiring process of all entry-level personnel.

[8]

Overseeing the initiation of training programs and direct operation of training programs for all departmental personnel and conducting in-service training programs on a regular basis.

[9]

Collecting and organizing all training materials and brochures and submitting them to the Chief of Police with recommendations for future training needs.

[10]

Reporting the status of all training and qualification programs to the Chief of Police.

Planning and research.

The Deputy shall assist the Chief of Police with planning and research activities to anticipate future needs and to implement steps to facilitate the application of these plans to the operation. Some areas that would be the responsibility of the Deputy Chief of Police are:

Collecting and analyzing reports from all areas of the department that pertain to or have future impact on the operation of the department.

Utilizing automated and other data to determine and predict social, crime, workload, personnel, and other trends.

Analyzing and distributing research consistent with state-of-the-art police products and methodology and systems for routine use of the department.

Delegating assignments for planning and researching informational needs.

[5]

Propagating departmental goals and objectives through all areas of the department.

[6]

Using the required analysis techniques to effectively evaluate the performance of individuals and units within the department as well as the overall performance of the department as a whole.

[7]

Overseeing the compilation of information and assimilation of all information required for multiyear planning to include the following areas:

[a]

Projected changes in the operating budget.

[b]

Equipment needs.

[c]

Manpower needs.

[d]

Changes in services provided.

[e]

Needs for changes in physical plant.

[f]

Review of reports and forms (update).

[g]

Communications needs.

[h]

Plans for disaster or unusual occurrences.

[8]

Periodically reviewing and consulting with the Chief of Police concerning the department's information management systems.

[9]

Providing staff assistance in developing contingency plans consistent with departmental and community needs.

Liaison.

The Deputy Chief of Police will be responsible for all contact, interaction and relations with outside governmental agencies, other law enforcement agencies, emergency medical services, fire protection services and private agencies.

The Deputy Chief of Police will ensure that all channels of communication inside and outside of the department remain open.

The Deputy Chief of Police will promote cooperation and otherwise maintain harmonious working relationships with other departments within the Township government, with other outside agencies and within the police department.

§ 1-96 Suspensions, removals, and reductions in rank.

Notice.

Whenever a police officer is suspended, removed, or reduced in rank, the specific charges warranting such action shall be stated in writing by the appointing authority. The charges shall be stated clearly and in sufficient detail to enable the officer to understand the charges against him and to allow the officer an opportunity to respond to those charges. The charges shall specify the subsection of § 1-96 which provides the basis for the disciplinary action as well as an explanation of the factual circumstances upon which the appointing authority relied in finding a violation of § 1-96.

Within five business days after the appointing authority has voted to impose the disciplinary action, a written statement of the charges shall be delivered to the officer either by personal service or by certified or registered mail. In addition, the charges shall notify the officer of his appeal rights under § 1-96C(3), of these rules and regulations. A copy of the statement of charges shall also be served upon the members of the Civil Service Commission.

Criteria for suspension, removal, and reduction in rank.

No person employed in the Township Bureau of Police pursuant to these rules and regulations may be suspended without pay or removed and no person promoted in rank pursuant to these rules and regulations may be reduced in rank except for any of the following reasons:

Physical or mental disability affecting the officer's ability to continue in service, in which cases the officer shall receive an honorable discharge from service.

Neglect or violation of any official duty.

Violation of any law of this commonwealth which provides that such violation constitutes a misdemeanor or a felony.

Inefficiency, neglect, intemperance, disobedience of orders or conduct unbecoming an officer.

Intoxication while on duty.

Engaging or participating in conducting of any political or election campaign other than the officer's exercise of his/her own right of suffrage, except that this clause shall apply only to a police officer while on duty or in uniform or while using any Township property.

Engaging or participating in the conduct of any political or election campaign for an office incompatible with the office of police officer under the Township Code.

Failure to comply with the Township Residency Requirement ordinance then in effect.

No officer shall be removed for religious, racial, or political reasons. A statement of the charges made against any officer so employed shall be furnished to the officer within five business days after those charges have been levied by the appointing authority.

Hearings on suspension, removals and reductions in rank.

The officer who has been suspended, removed, or reduced in rank may appeal the decision of the appointing authority by written notice to the Secretary of the Civil Service Commission at 3219 MacArthur Rd., Whitehall, PA 18052 requesting a hearing. This request shall be received by the Commission within 10 business days after the officer received a notice of the discipline. The officer may make written answers to any charges filed against him not later than the date fixed for the hearing. Failure of the officer to provide written answers to any of the charges shall not be deemed an admission by the officer.

The Commission shall schedule a hearing within 10 business days from the officer's written request for a hearing unless continued by the Commission for cause at the request of the Commission, the appointing authority, or the officer. At any such hearing, the officer against whom the charges have been made may be present and represented by counsel, may call witnesses and present testimony and documentation on his/her behalf. The Township may also be represented by counsel, call witnesses and present evidence as is necessary to support the charges. The stenographic record of all testimony shall be taken at every hearing and preserved by the Commission. In the event the charges are dismissed, the record shall be sealed and not be available for public inspection.

In conducting the hearing, the Commission's standard of review shall be to determine whether sufficient evidence has been presented to support the statutory reason for the disciplinary action. If the Commission finds that sufficient evidence has been introduced to support the charge, the Commission shall not modify the penalty imposed by the appointing authority unless it finds that the penalty imposed was arbitrary, discriminatory or an abuse of the appointing authority's discretion. In considering the appropriateness of the discipline, the Commission shall not substitute its judgment for that of the appointing authority. The Commission may request post-hearing briefs and shall issue a written decision containing specific findings of fact and conclusions of law within 60 calendar days of receipt of the hearing transcript.

Hearing procedure.

All testimony shall be given under oath or affirmation administered by the Chairperson, or in his/her absence, the Vice Chairperson. The Commission shall have power to issue subpoenas as set forth in § 1-89J. The hearing shall be open to the public unless, prior to the commencement of the hearing, a written or oral request, on the record, to close the hearing is made by the officer, or the Township.

If the Commission sustains the charges, the officer who was suspended, removed, or reduced in rank may file an appeal with the Court of Common Pleas within 30 calendar days from the date of entry by the Commission of its final order. No order of suspension shall be made by the Commission for a period longer than one year. In the event that the Commission fails to uphold the charges, then the person sought to be suspended, removed or demoted shall be reinstated with full pay for the period of the suspension, removal or demotion, and no charges related to the suspension, removal or reduction in rank shall be officially recorded against his record.

§ 1-97 Furlough lists.

Whenever the appointing authority shall deem it necessary to reduce the number of Township police officers, the Commission shall prepare and maintain a list of the names of all such furloughed officers together with the position held by each officer at the time of furlough. Names on the furlough list shall be arranged in priority order based on the length of service of each furloughed officer.

§ 1-97.1 Records.

Public inspection of records.

Except as otherwise provided in this article, all records of the Commission shall be open to the public and available for inspection during normal business hours. A Commission member or designate shall be always present during any inspection of the records to assure that the records are preserved intact.

Application materials and character and reputation reports.

All personnel files and applications, reports of investigations and inquiries into the character and reputation of applicants shall be kept in the strictest confidence and shall not be open to public inspection.

Inspection of examination materials.

All examination materials shall be confidential and shall not be open to general public inspection.

Any examined applicant may inspect his/her examination papers, provided that he or she makes a written request to the Commission within seven calendar days from the date of receipt of the written notice of his or her grade; provided he or she receives the written consent of the Commission to inspect the examination papers; and provided he or she makes such inspection within five calendar days from the date of the mailing of the consent of the Commission.

The Commission shall not consent to the request of any examined applicant to inspect any written examination paper which may be used in a subsequent written examination that may be scheduled within 90 calendar days following the date of receipt of the written request by the Commission.

If the Commission consents to an inspection of any written examination papers by any previously examined applicant, it shall state in its letter of consent the specific examination papers that may be inspected. No such inspection will be permitted by a Commission member or the designated inspection overseer, unless the examined applicant first produces the Commission letter authorizing such inspection, and such inspection shall be limited to only those examination papers indicated within the letter of consent.