[HISTORY:[1] Adopted by the Borough Council of the Borough of East
Greenville 5-2-2022 by Ord. No. 2022-02. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 9, Civil Service Commission, adopted 10-24-2017 by Ord. No. 2017-05 was repealed 6-7-2021 by Ord. No. 2021-04.
The Borough of East Greenville ("Borough") hereby establishes
a Civil Service Commission ("Commission") in compliance with the Pennsylvania
Borough Code, as amended.
The Commission shall consist of three commissioners who shall
be qualified electors of the Borough and shall be appointed by the
Borough Council initially to serve for the terms of two, four and
six years. As terms expire, the members of the Commission shall each
be appointed for terms of six years. When a vacancy occurs on the
Commission for any reason, said vacancy shall be filled by the Borough
Council for the unexpired term within the period of 30 days after
the vacancy occurs.
Borough Council may appoint up to three alternate members in
addition to the three regular members of the Commission. Each alternate
member shall be a qualified elector of the Borough and shall serve
a term of six years. Alternate members may participate in all proceedings
and discussions of the Commission to the same and full extent as provided
by law for Commission members, but may only cast a vote if designated
as a voting alternate member pursuant to Section 1174 of the Borough
Code.
Each member of the Commission, before entering upon the discharge
of the duties of office, must take an oath or affirmation of office
pursuant to 53 Pa.C.S. § 1141.
No regular or alternate member of the Commission may hold an
elective or appointed office under the federal government, this commonwealth
or any political subdivision of the commonwealth, except that one
member of the Commission may be a member of the Borough Council and
one member may be a member of the teaching profession.
No member of the Commission may receive any compensation for
their duties on the Commission.
The Commission first appointed shall organize within 10 days
of its appointment and shall elect one of its members as the Chair
and one member as the Secretary. The Commission shall, thereafter,
meet and organize on the first Monday of each even-numbered year.
The Secretary of the Commission shall give each Commission member
24 hours' notice in writing of each and every meeting 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 members. If, by reason of absence
or disqualification of a member a quorum is not reached, the Chair
shall designate as many alternate members of the Commission to sit
on the Commission as may be needed to provide a quorum. All Commission
meetings, aside from reorganization meetings, shall be held on an
as-needed basis and shall be scheduled by the Chair of the Commission.
The Commission shall have the authority pursuant to Section
1176 of the Borough Code to prescribe, amend and enforce rules and
regulations for its function. Said rules and regulations and modifications
shall be made available by the Borough for public distribution or
inspection. The rules and regulations or any amendments must be approved
by Borough Council before their effective date. No rule or regulation
may be annulled, amended or supplemented to without prior approval
of Borough Council.
The Commission shall keep minutes of its proceedings and records
of examinations and other official actions. The Commission shall create
an annual report to Council briefly summarizing its work during the
year, which report shall be available for public inspection.
A.
Each and every appointment to and promotion in the police force of
the Borough shall be made only according to qualifications and fitness,
to be determined by competitive examinations which shall be under
the control of the Civil Service Commission.
B.
No person shall be suspended, removed or reduced in rank as a paid
employee on the police force of the Borough except in accordance with
the provisions of this chapter and applicable state law.
A.
To ensure the reasonable and proper function of the Commission, the
Borough shall provide to the Commission the following:
(1)
Clerical assistance that is necessary for the work of the Commission.
(2)
Suitable and convenient room for the use of the Commission.
(3)
Stationery, postage, printing, and supplies.
(4)
The services of a solicitor for the Commission to be appointed by
the Commission and paid by the Borough.
(5)
Through its elected and appointed officials, aid the Commission in
all proper ways in carrying out the provisions of this chapter.
B.
Prior approval by Borough Council is required for an expenditure
of funds in connection with the Commission.
A.
The Commission shall have the sole authority to conduct investigations
concerning all matters in connection with the administration and enforcement
of the civil service provisions of this chapter and rules and regulations
adopted thereunder and of the civil service provisions of the Borough
Code of the Commonwealth of Pennsylvania. The Chair of the Commission
shall have the authority to administer oaths and affirmations in connection
with such investigations.
B.
The Commission shall have the authority to issue subpoenas over the
signature of the Chair to compel the attendance of witnesses and the
production of records and papers pertaining to any investigation or
inquiry. Subpoenas properly issued by the Commission as set forth
in the foregoing sentence shall be subject to the requirements, penalties,
and enforcement powers established under Section 1179 of the Borough
Code.
A.
The Commission shall make rules and regulations, to be approved by
Borough Council as above provided, providing for the examination of
applicants for positions and promotions in the police force and shall
prescribe the minimum qualifications of all applicants to be examined
and the passing grades. All examinations for positions or promotions
shall be practical in character and shall relate to such matters and
include such inquiries as will fairly test the merit and fitness of
the persons examined to discharge the duties of the employment sought.
All examinations shall be open to all applicants who have the minimum
qualifications required by the rules and regulations. Every applicant
shall be subject to the regulations adopted by the Commission and
shall be required to submit to a physical fitness or agility examination
that is job related and consistent with business necessity and a background
investigation. Every applicant, if made a conditional offer of employment,
shall be given a physical and psychological medical examination in
accordance with the regulations of the Commission and Section 1189
of the Borough Code.
B.
Public notice of the time and place of every examination, together
with information as to the kind of position or place to be filled,
shall be given by publication once in a newspaper of general circulation
in the Borough, or, at least two weeks prior to each examination,
and a copy of the notice shall be prominently posted in the office
of the Commission or Borough Hall.
C.
Once the testing process is completed, including any background, physical agility or other examination, with the exception of any physical and psychological medical examination, the Commission shall post in the Borough Hall the eligibility list containing those individuals who have passed the examination and rank the candidates who have satisfied the minimum requirements for appointment. Persons, male or female, who served in the military or naval service of the United States during any war in which the United States has been, is now or shall hereafter be engaged and who have honorable discharges from such service who have successfully passed the examination shall be given the additional credits and preference in appointment and promotion as provided by law under 51 Pa.C.S.A. Chapter 71 (relating to veterans' preference). The eligibility list shall be valid for one year from the date the Commission ranks all passing applicants, assigns veterans' preference points and formally adopts the eligibility list. The Commission may, at its sole discretion, void the eligibility list or extend any eligibility list at any time and for any reason for up to an additional 12 months by a majority vote of the Commission at a duly authorized Commission meeting.
D.
Each person desiring to apply for examination shall complete and
file with the Commission a formal application with the Commission.
The Commission may reject any application that is incomplete or that
fails to conform to the rules and regulations of the Commission or
as may otherwise be required by law. The Commission shall provide
an application form requesting the information required by 8 Pa.C.S.
§ 1182 and such other information as shall be required by
the Commission's rules and regulations.
A.
The Commission may refuse to examine, or, if examined, may refuse
to certify as eligible after examination, any applicant who is found
to lack any of the minimum qualifications for examination prescribed
in the Commission's rules and regulations. The Commission may
also refuse to examine, or, if examined, may refuse to certify as
eligible, any applicant who is physically or mentally unfit to perform
the full duties of the position to which he or she seeks employment
or who is illegally using a controlled substance, as defined in Section
102 of the Controlled Substances Act (Public Law 91-513, 21 U.S.C.
§ 802), who is guilty of a crime involving moral turpitude,
or of infamous or notoriously disgraceful conduct, or who has been
dismissed from public service for a delinquency or misconduct in office,
or who is affiliated with any group whose policies or activities are
subversive to the form of government set forth in the constitutions
and laws of the United States and the Commonwealth of Pennsylvania.
B.
If any applicant or person believes he or she is aggrieved by refusal of the Commission to examine or certify the applicant as eligible after examination, the Commission shall, at the request of the applicant, within 10 days of said request, appoint a time and place for a public hearing, where applicant may appear with or without counsel, at which time the Commission shall review its refusal to make such examination or certification and take testimony as may be offered. The deliberations of the Commission, including interim rulings on evidentiary or procedural issues, may be held in the nature of an executive session. The Commission's disposition of the matter shall constitute official action which shall occur at a public meeting held pursuant to the requirements of 65 Pa.C.S. Chapter 7 (relating to open meetings). The decision of the Commission shall be final.
A.
Except as provided in Subsection B of this section, every original position or employment in the police force, except that of Chief of Police, shall be filled in the following manner:
(1)
Borough Council shall notify the Commission of any vacancy which
is to be filled and shall request the certification of a list of eligible
candidates.
(2)
The Commission shall certify, for each existing vacancy from the
eligible list, the names of three persons, or a lessor number where
three are not available, who have received the highest average.
(3)
Borough Council shall make a conditional appointment from the three
names certified, based solely on the merits and fitness of the candidates,
unless Borough Council makes objections to the Commission regarding
one or more of the certified persons for any of the reasons provided
at Section 1183 of the Borough Code. Should such objections be sustained
by the Commission, or should the appointee be determined to be unqualified
in accordance with the procedures of Section 1189 of the Borough Code,
the Commission shall strike the name of such candidate from the eligible
list and certify the next highest name for each name stricken off.
As each subsequent vacancy occurs in that same or another position,
precisely the same procedure shall be followed.
B.
Any vacancy in an existing position in the police force which occurs
as a result of retirement, resignation, disability or death may be
filled by Borough Council by the reappointment or reinstatement of
a former employee of the police force who had previously complied
with the provisions of this chapter. No examination other than a physical
examination as directed by the Commission shall be required in any
case of reappointment or reinstatement.
C.
In the case of a vacancy in the office of Chief of Police or equivalent
official, Borough Council may nominate a person to the Commission.
It shall become the duty of the Commission to subject that person
to a noncompetitive examination, and if such person shall be certified
by the Commission as qualified, he may then be appointed to that position,
and thereafter shall be subject to all the provisions of this chapter.
A.
Whenever there are urgent reasons for the filing of a vacancy in
any position in the police force and there are no names on the eligible
list for such appointment, Borough Council may nominate a person to
the Commission for noncompetitive examination, and if such nominee
shall be certified by the Commission as qualified after such noncompetitive
examination, he may be appointed provisionally to fill such vacancy.
B.
Within three weeks of the provisional appointment, the Commission
shall hold a competitive examination and certify an eligible list.
A regular appointment shall then be made from the name or names submitted
by the Commission. Nothing herein shall be construed to prevent the
appointment, without examination, or persons, temporarily as police
officers in cases of riot or other emergencies.
All applicants for examination shall undergo a physical examination,
either before or after the written examination, which shall be conducted
under the supervision of a physician appointed by the Borough Council.
No person shall be eligible for appointment until that physician certifies
that the applicant is free from any bodily or mental defect, deformity
or disease that might incapacitate him for the discharge of the position
desired.
Borough Council shall notify the Commission of a vacancy in
the police force which is to be filled by promotion and shall request
the certification of an eligibility list. Promotions of any officer
of the police force shall be based on merit to be ascertained by examinations
as prescribed by the Commission. All questions relative to the promotion
shall be practical in character and shall fairly and reasonably test
the merit and fitness of persons seeking promotion. The Commission
shall certify for vacancies to be filled by promotion consistent with
Section 1188 of the Borough Code. Only the Borough Council shall have
the authority to determine in each instance whether an increase in
salary shall constitute a promotion.
A.
No person employed in the police force of this Borough shall be suspended
without pay, removed or reduced in rank except for the following reasons:
(1)
Physical or mental disability affecting the person's ability
to continue in service, in which case the person shall receive an
honorable discharge from service.
(2)
Neglect or violation of any official duty.
(3)
Violation of any law if the violation constitutes a misdemeanor or
felony.
(4)
Inefficiency, neglect, intemperance, immorality, disobedience of
orders or conduct unbecoming of an officer.
(5)
Intoxication while on duty.
(6)
Engaging or participating in the conduct of a political or election
campaign while on duty or in uniform or while using Borough property
otherwise than to exercise the person's own right of suffrage.
B.
Any person suspended, removed or reduced in rank shall have the right
to demand a hearing, and a hearing shall be granted by the Commission
pursuant to Section 1191(a) of the Borough Code. In the event the
Commission shall sustain the charges and order the suspension or removal
or reduction in rank, the person suspended, removed or reduced in
rank shall have an immediate right of appeal to the Court of Common
Pleas of Montgomery County as provided by law.
C.
If, for financial or other reasons, it is deemed necessary by the
Borough to reduce the number of paid officers of the police force,
the Borough shall furlough the person, including a probationer, last
appointed to the police force. The removal shall be accomplished by
furloughing in numerical order commencing with the person last appointed
until the reduction shall have been accomplished. In the event the
police shall again be increased, the employees furloughed shall be
reinstated in the order of their seniority in the service. This subsection
as to reductions in force shall not be applicable to a chief of police.
All appointments to the police force, including the Chief of
Police or equivalent official, prior to the creation of the Commission
and adoption of Ord. No. 2017-05 shall continue to hold their positions
and shall not be required to take any examination under the provisions
of this chapter, except as may be required for promotion, provided
that, this section shall not be construed to apply to persons employed
temporarily in emergency cases.
No discrimination shall be exercised, threatened or promised
by any person against or in favor of any application or employee because
of political or religious opinions or affiliations or race, and no
offer or promise or reward, favor or benefit, directly or indirectly,
shall be made to or received by any person for any act done or duty
omitted or to be done under chapter.
A.
The term "police force" as used in this chapter, shall mean a police
force organized and operating as prescribed by law, the members of
which devote their normal working hours to police duty or duty in
connection with the bureau, agencies, and services connected with
police protection work, and who are paid a stated salary or compensation
for such work by the Borough. "Police force" as used in this chapter
shall not include:
(1)
Special police appointed by the Mayor to act in emergencies;
(2)
Any person appointed solely for parking meter enforcement duties;
(3)
Any special school police or any extra police servicing from time
to time on an hourly or daily basis;
(4)
Any auxiliary policeman; or
(5)
Extra police serving from time to time or on an hourly or daily basis.
