Act 57 of 2020-MPOETC separation records request and physical
and psychological medical examination.
A. Act 57 of 2020-MPOETC separation records request.
(1) After the Municipal Manager selects a candidate from the certified
eligibility list for conditional appointment to the vacant position,
the candidate will be notified of a conditional offer of employment
and shall be required to provide a signed and notarized authorization
for the release of separation records on a standard form promulgated
by MPOETC. The Chief of Police, or a representative(s) from a bona
fide background investigation agency, shall request separation records
through the MPOETC Training and Certification System (MPOETC TACS)
database, pursuant to Act 57 of 2020. The candidate may not proceed
further in the application process until the separation record is
obtained or a certification that no separation record exists is received
from MPOETC.
(2) If separation record(s) sent from the MPOETC TACS database indicate
that the conditional appointee has a history of either final and binding
disciplinary action or a criminal conviction, or both, for any of
the offenses enumerated below, and the Municipality chooses not to
disqualify the conditional appointee, the Municipality must electronically
submit a hiring report form to MPOETC, on a standard form promulgated
by MPOETC, within seven days of the final hiring decision:
(h)
Coercion of a false confession.
(j)
Judicial finding of dishonesty.
(3) If the Municipality chooses not to disqualify the conditional appointee,
the Hiring Report Form must include a notarized statement, signed
by the Chief of Police or the Chief's designee, explaining the
reasoning and rationale for hiring the conditional appointee.
(4) The Hiring Report Form need not be submitted to MPOETC if no above-described
separation history exists, or if the Municipality decides to disqualify
the conditional appointee due to the conditional appointee's
separation history. However, the Municipality must notify MPOETC,
in all instances, of the conditional appointee's final employment
status within seven days of the final hiring decision.
(5) If a conditional appointee is disqualified based upon above-described separation history, the conditional appointee will be so notified, and may appeal this decision under §
21-24 of these rules and regulations. If the candidate fails to timely exercise the rights of appeal, or if the Commission declines to uphold the appeal, the Commission shall strike the name from the eligibility list and certify the next highest name for inclusion on the certified list of three.
(6) If a conditional appointee is not disqualified at this stage, the conditional appointee shall be scheduled for the physical and psychological medical examination as set forth in §
21-36B.
B. Physical and psychological medical examination.
(1) After the completion of the MPOETC separation records request procedure
set forth above, the conditional appointee shall submit to a physical
and psychological examination.
(2) Physical medical examinations shall be under the direction of a physician
or other qualified medical professional. Psychological medical examinations
shall be under the direction of a psychiatrist or psychologist. The
terms "physician" and "qualified medical professional" shall be defined
in the same manner as provided in Section 1189 of the Borough Code.
(3) The physician or other qualified medical professional and the psychiatrist
or psychologist shall be appointed by the Council, and they shall
render an opinion as to whether the conditional appointee has a physical
or mental condition which calls into question the person's ability
to perform all the essential functions of the position for which the
person was conditionally appointed.
(4) If the opinion rendered by the physician, other qualified medical
professional, psychiatrist or psychologist does not call into question
the conditional appointee's ability to perform all essential
functions of the position, then the conditional appointee shall either:
receive a final notification of appointment, subject to satisfactorily
completing an MPOETC-certified training school or academy and qualifying
(after instruction) with a police-issue firearm; or be appointed to
the vacant position in the Police Department for which the application
was submitted.
(5) If the opinion rendered by the physician, other qualified medical
professional, psychiatrist or psychologist calls into question the
conditional appointee's ability to perform all essential functions
of the position, a person designated by the Council shall meet with
the conditional appointee for the purpose of having one or more interactive
discussions on whether the conditional appointee can, with or without
reasonable accommodation, perform all the essential functions of the
position.
(6) If, at the conclusion of the interactive discussion under Subsection
B(5), the Council determines that the conditional appointee is not qualified, the Council shall give written notice to the conditional appointee and the Commission.
(7) The rejected conditional appointee may appeal this decision under §
21-24.
(8) In the event the conditional appointee is found not to be qualified, the Commission shall then certify another name to be included with the two previously certified names for consideration by the Municipal Manager pursuant to §
21-33.