[Ord. 808, 6/3/2013]
1. 
Definitions. Unless otherwise expressly stated, the following words and phrases, whenever used in this Subpart, shall be construed to have the meaning indicated herein.
APPLICANT
Any individual who apples in writing to the Commission in response to a legally advertised notice of vacancy and/or examination for any position in the Police Department.
APPOINTING AUTHORITY
The Borough Council of Selinsgrove Borough, Snyder County, Pennsylvania.
CERTIFICATION
The submission to the appointing authority pursuant to its request of three names taken from the eligible list developed by the Civil Service Commission.
CHAIRPERSON
The Chairperson of the Civil Service Commission of the Borough of Selinsgrove, Pennsylvania.
COMMISSION
The Civil Service Commission of the Borough of Selinsgrove, Pennsylvania.
COMMISSIONER
An individual appointed by the Borough of Selinsgrove to serve as a member of the Civil Service Commission.
ELIGIBLE
A person whose name is recorded on a current eligible list or furlough list.
ELIGIBLE LIST
The list of names of persons who have passed all examinations for a particular position in the Police Department.
EXAMINATION
The series of tests given to applicants to determine their qualifications for a position in the Police Department.
FURLOUGH LIST
The list containing the names of persons temporarily laid off from positions in the Police Department because of a reduction in the number of officers.
PART-TIME POLICE OFFICER
Person employed by the Borough as a police officer who works less than 30 hours per week. A part-time police officer shall not be subject to the terms and conditions and rights afforded to full-time patrol officers under this Subpart.
PATROL OFFICER
For the purposes of this Subpart, an entry-level sworn full-time or part-time position in the Police Department. The appointing authority shall retain full discretion in determining which part-time police officer receives an offer of full-time employment. The patrol officers’ description shall not apply to part-time police officers.
PROBATIONER
An officer in the Police Department who has been appointed from an eligible list but who has not yet completed the work-test period.
REDUCTION IN RANK
A change to a different position or rank where the employee fulfilled all the requirements of this Subpart for both the prior and current position or rank. However, a decrease in salary without a change to a different position or rank shall not necessarily constitute a reduction in rank.
REMOVAL
The permanent separation of a police officer from the Police Department.
SECRETARY
The Secretary of the Civil Service Commission of the Borough of Selinsgrove, Pennsylvania.
SUSPENSION
The temporary separation without pay of a police officer from the Police Department.
2. 
Word Usage. The words “he,” “his,” “him” and “men” when used within this Subpart represent both the masculine and feminine genders.
[Ord. 808, 6/3/2013; as amended by Ord. 825, 10/3/2016]
1. 
Membership; Terms; Vacancy; Oath; Compensation.
A. 
The Commission shall consist of three Commissioners who shall be qualified electors of the Borough of Selinsgrove and shall be appointed by the Borough Council initially to serve for the terms of two, four and six years and, as terms thereafter expire, shall be appointed for terms of six years.
B. 
Any vacancy occurring in the Commission for any reason whatsoever shall be filled by the Borough Council for the unexpired term within the period of 30 days after such vacancy occurs.
C. 
Borough Council may appoint no more than three qualified electors of the Borough to serve as alternate members of the Commission. The term of office of the alternate members shall be six years. When seated pursuant to Section 1174 of the Borough Code, 53 P.S. §46174, an alternate shall be entitled to participate in all proceedings and discussions of the Commission to the same and full extent as provided by law for Commission members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in the Borough Code, 53 P.S. §45101 et seq., and as otherwise provided by law. Alternates shall hold no other office in the Borough. An 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 the Borough Code.
D. 
Each member of the Commission, before entering upon the discharge of the duties of his or her office, shall take an oath or affirmation of office pursuant to 53 Pa.C.S. Section 1141 (relating to form of oaths of office). No Civil Service Commissioner shall receive compensation.
2. 
Offices Incompatible with Civil Service Commissioner. 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, except that one member of the Commission may be a member of the Council of the Borough and one may be a member of the teaching profession.
3. 
Organization of Commission; Quorum. The Commission first appointed shall organize within 10 days of its appointment and shall elect one of its members as its Chairperson and one as its Secretary. The Commission shall thereafter meet and organize on the first Monday of February each even-numbered year. Each Commissioner shall be notified in writing of each and every meeting. Three members of the Commission shall constitute a quorum, 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. An alternate member of the Commission shall continue to serve on the Commission in all proceedings involving the matter or case for which the alternate was initially designated until the Commission has made a final determination of the matter or case. Designation of an alternate member pursuant to this Section shall be made on a case-by-case basis in rotation according to declining seniority among the alternates. No action of the Commission may be valid unless it shall have the concurrence of at least two members.
4. 
Duties of Chairperson. The Chairperson, or in his or her absence, the Vice Chairperson shall preside at all meetings and hearings of the Commission, decide all points of order or procedure and perform any duties required by law or this Subpart.
5. 
Duties of Secretary. The Secretary shall carry on at the direction of the Commission all official correspondence of the Commission, send out all notices required by this Subpart, keep a record of each examination or other official action of the Commission, and perform all other duties required by law or this Subpart.
6. 
Meetings. Except for the biennial organization meeting, all meetings shall be held at the call of the Chairperson or at the call of two members of the Commission. The Commission shall have discretion to determine whether meetings shall be open to the public when not specifically regulated by law or this Subpart. The Secretary of the Commission shall give each Commissioner 24 hours' notice in writing of each and every meeting of the Commission.
7. 
Clerks and Supplies. The Borough shall furnish to the Commission, on its requisition, clerical assistance that may be necessary for the work of the Commission. The Borough shall provide a suitable and convenient room for the use of the Commission. The Commission shall order from the Borough the necessary stationery, postage, printing and supplies. The Borough shall also provide the services of a Solicitor for the Commission to be appointed by the Commission and paid by the Borough. The Borough shall have the authority to place a reasonable limit on the amount allowed each year for the services of the Commission Solicitor. The elected and appointed officials of the Borough shall aid the Commission in all proper ways in carrying out the provisions of this Subpart, including compensation for any counsel or experts retained by the Commission.
8. 
Amendment of Rules. The Commission may amend, revise, void or replace any of its rules and regulations for any reason by action of a majority of the Commission at any properly convened meeting of the Commission. Before any changes to the Commissioners’ rules become effective those changes must be first approved by the Borough Council. When the rules and regulations, or amendments, have been approved, they shall not be annulled, amended, or added to, without the approval of Borough Council. All rules and regulations and modifications shall be made available by the Borough for public distribution or inspection.
9. 
Minutes and Records.
A. 
The Commission shall keep minutes of its proceedings and records of examinations and other official action. 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. Section 1381 et seq.
B. 
Any and all records related to any disciplinary action filed with the Commission shall be open to public inspection subject to reasonable regulation. The Secretary shall keep minutes of its proceedings showing the vote of each member upon each question. If the member is absent or fails to vote, the Secretary shall indicate that fact in the minutes.
10. 
Investigations. The Commission shall have the power to make investigations concerning all matters relating to the administration and enforcement of this Subpart and its rules and regulations. The Chairperson of the Commission is authorized to administer oaths and affirmations in connection with such investigations.
11. 
Subpoenas.
A. 
The Commission shall have the power to issue subpoenas over the signature of the Chairperson, or designee, to acquire the attendance of witnesses and the production of records and papers pertaining to any investigation or inquiry, including any background investigation conducted pursuant to §1-424.8 of this Subpart. 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 incidental expense of the Commission. All officers in public service and employees of the Borough shall attend and testify when required to do so by the Commission.
B. 
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 of not more than $1,000 plus costs together with reasonable attorney fees and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.
C. 
If any person shall refuse or neglect to obey any subpoena issued by the Commission, the Commission may apply by petition to the Court of Common Pleas of Snyder County for its subpoena, requiring the attendance of such persons before the Commission or the court there to testify and to produce any records and papers necessary and, in default thereof, shall be held in contempt of court.
12. 
Annual Report. The Commission shall make an annual report to the Borough Council containing a brief summary of its work during the year and a full accounting for any expenditures of public monies. The annual report shall be available for public inspection.
[Ord. 808, 6/3/2013; as amended by Ord. 845, 2/3/2020; and by Ord. 847, 5/4/2020]
1. 
Eligibility for Examination.
A. 
In order to be eligible for participation in any examination for the patrol officer position 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. The applicant is subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities.
B. 
Each person desiring to apply for examination shall file with the Commission a formal application in which the applicant shall provide, under oath or affirmation the following information:
(1) 
Full name and residence or post office address.
(2) 
Citizenship, place and date of birth.
(3) 
Condition of health and physical capacity for public service.
(4) 
Business or employment and his residence for the past five years.
(5) 
Other information as may be required by the Commission, showing the applicant’s qualifications for the position for which the applicant is being examined.
2. 
Discrimination. The Borough is an equal opportunity employer. It is the Borough’s and the Commission’s policy to grant equal employment opportunities to qualified persons without regard to race, religion, color, national origin, gender, age, marital status or non-job-related physical or mental handicap or disability. The Borough and the Commission will provide equal opportunities in employment and promotion.
3. 
Availability of Forms. Application forms shall be available at a fee established by resolution approved by Borough Council to all interested persons in the office of the Police Department and from such other offices and officers that the Commission, from time to time, may choose to designate. Application forms may be mailed upon written or telephone request. However, the Commission assumes no responsibility for missed filing deadlines due to a delay in the mail.
4. 
Age Requirements. All applicants must have reached their 18th birthday before the deadline for submitting completed applications.
5. 
General Qualifications for All Applicants.
A. 
Every applicant for the position of patrol officer in the Police Department shall possess the following credentials: (1) a diploma from an accredited high school or a graduate equivalency diploma; (2) United States of America citizenship; (3) physical and mental fitness to perform the full duties of a police officer; (4) a valid motor vehicle operator’s license issued by the Commonwealth of Pennsylvania; and (5) residence status of Pennsylvania or of a state contiguous to Pennsylvania for a period of at least 12 consecutive months immediately preceding the deadline for submitting a completed application. Every applicant shall have successfully (a) completed training and education prescribed by the Pennsylvania Municipal Police Education and Training Act (“Act 120”) (53 Pa.C.S.A. Section 2162 et seq.) and (b) achieved certification by the Pennsylvania Municipal Officers’ Education and Training Commission under Act 120. Provisionally, nothing shall prohibit the Commission from making an offer of employment conditioned upon an applicant’s successfully completing the training and testing requirements of Act 120. In the event such a conditional offer of employment is made, the applicant shall be subject to any expense reimbursement policy established by the Borough and/or Police Department in the event conditional applicant does not complete said training, pass any testing requirements, or does not remain employed by the Police Department for the time period specified by the Borough and/or the Police Department in the said reimbursement policy.
B. 
Each applicant for an original position shall:
(1) 
Be subject to the regulations adopted by the Commission.
(2) 
Either before or after the written examination, be required to submit to a physical fitness or agility examination that is job related and consistent with business necessity.
(3) 
If made a conditional offer of employment, be given a physical and psychological medical examination.
(4) 
Be subject to a background investigation. Background investigations may be restricted to those candidates on an eligibility list or those to be certified to the Borough Council for appointment.
6. 
General Qualifications for Applicants for Promotion.
A. 
In addition to meeting the qualifications in Subsection 5 above, all applicants for a promotional position, except Chief, shall not have been suspended without pay for more than five days at any time in the three years prior to the deadline for submitting applications. Any suspension to which the applicant has timely appealed pursuant to a grievance procedure of this Subpart shall be disregarded unless the appeal is resolved prior to the creation of the eligibility fist.
B. 
All applicants for promotion shall have continuous prior service with the Police Department of Selinsgrove Borough.
C. 
Each applicant for promotion shall be subject to the regulations adopted by the Commission and to examination and selection in accordance with this Subpart. Physical fitness examinations that are job-related and consistent with business necessity and physical and psychological medical examinations may, but need not, be required for promotions.
D. 
All applicants for promotion to the position of sergeant shall have at least five years’ continuous prior service with the Police Department of Selinsgrove Borough.
7. 
Rejection of Applicant. The Commission may refuse to examine, or, if examined, may refuse to certify after examination as eligible, any applicant who is found to lack any of the minimum qualifications for examination prescribed in this Subpart for the particular position or employment for which the applicant has applied. In addition, the Commission may refuse to examine or, if examined, may refuse to certify after examination any applicant who is physically or mentally unfit to perform the full duties of the position applied for, or who is illegally using a controlled substance, as defined in §102 of the Controlled Substance Act (P.L. 91-513, 21 U.S.C. §802), or who is guilty of any crime involving moral turpitude, or of infamous or notoriously disgraceful conduct, or who has been dismissed from public service for delinquency or misconduct in office, or who is affiliated with any group whose policies or activities are subversive to the forms of government set forth in the constitutions and laws of the United States and the Commonwealth of Pennsylvania.
8. 
Recording and Filing Applications. Applications for positions in the Police Department shall be received at the Selinsgrove Borough Building only after a hiring or promotional test has been properly advertised and before the deadline for receiving applications which must be set forth in the public advertisement. Applications will be received by the municipal official designated in the public advertisement or that official’s designee. Applications by mail shall be considered timely when the postmark date precedes the deadline date for filing as prescribed by the public advertisement. The municipal official or his designee shall record the receipt of all applications and provide each applicant with notice of the time and place for the first portion of the testing procedure, the written examination. Any application containing material errors or omissions may, at the discretion of the Commission, be returned to the applicant for correction prior to the deadline for filing applications, after which no new applications or amended applications will be accepted.
9. 
Hearing for Disqualified Applicants.
A. 
Any applicants who believe that they are aggrieved by the actions of the Commission in refusing to examine or to certify them 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 procedures set forth in the Local Agency Law, 2 Pa.C.S.A. §101 et seq. The applicant 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.
B. 
The deliberations of the Commission, including interim rulings on evidentiary or procedural issues, may be held in the nature of 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). The decision of the Commission shall be final.
10. 
Announcements.
A. 
The Commission shall conspicuously post in the Borough building an announcement of the hiring and set forth the time and place of every examination, together with the information as to the type of position to be filled, the requirements for that position, where applications may be obtained and the deadline for filing those applications. In addition, at least two weeks prior to the close of the application period, publication of the notice shall occur in at least one newspaper of general circulation in Selinsgrove Borough.
B. 
The Commission shall conspicuously post in the Police Department an announcement of the promotional testing and set forth the time and place of every examination, together with the information as to the type of position to be filled, the requirements for that position, where applications may be obtained and the deadline for filing those applications.
[Ord. 808, 6/3/2013; as amended by Ord. 821, 11/2/2015]
1. 
General Examination Requirements for the Position of Patrol Officer. The examination for patrol officer will consist of a written and oral examination which will be graded on a 100-point scale with the written examination representing 60% of the final score and the oral examination representing 40% of the final score. In addition, an applicant will undergo a physical agility test and a background investigation. These tests 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 physical and psychological examination.
2. 
General Examination Requirements for Promotion. The examination for the position of Sergeant shall include a written and oral examination which will be graded on a 100-point scale with the written examination representing 60% of the final score and the oral examination representing 40% of the final score. In addition, each applicant will undergo a physical agility test which will be graded on a pass/fail basis for every applicant. After an applicant has been extended an offer of promotion, the final appointment to the promotional position shall be contingent upon the applicant passing a medical and psychological examination.
3. 
Appointment of Examiners. The Commission shall appoint a written examination administrator, and an oral examination administrator. The Borough Council or Borough designee shall appoint a medical examiner, a physical fitness examiner, a polygraph examiner, and a psychological examiner to conduct the appropriate examinations required by these rules.
4. 
Written Examination. The written examination shall be graded on a 100-point scale, following the grading rules and requirements of the specific test being used, and an applicant must score 75% or higher and receive one of the six highest scores, including ties, in order to continue in the application process. Applicants scoring less than 75% or not receiving one of the six highest scores shall be rejected. Within 30 days after the administration of the written examination, all applicants shall be given written notice of their test results and each passing applicant shall be informed of the next step in the examination process.
5. 
Oral Examination.
A. 
Every applicant who scored 75% or higher and receives one of the top six highest scores, including ties, in the written examination, shall be given an oral examination that will be graded on a 100-point scale, with a score of 75% or higher necessary for passing. The oral examination shall involve questioning applicants on how they would handle situations relevant to police work. Within 30 days after the applicant’s oral examination, they shall be informed of their oral examination and total overall scores, and each passing applicant shall be informed of the next step in the examination process.
B. 
The examining board shall consist of three supervising police officers, at lease one who may be a supervising police officer of the Selinsgrove Borough Police Department.
6. 
Veterans’ Preference Points. Pursuant to the Veterans’ Preference Act, 51 Pa.C.S.A. §7104, any applicant for the position of patrol officer who qualifies as a “veteran” under this Act shall receive an additional 10 points on top of his or her total score if the applicant has received passing scores under Subsections 1, 4 and 5. Any applicant claiming veterans’ preference is responsible for providing any and all relevant documents to the Commission.
7. 
Polygraph Examination.
A. 
Any applicant that has received passing scores under Subsections 1, 4 and 5 and whose total score ranks in the top nine, including ties, may fill out a personal data questionnaire and undergo a polygraph examination. The Commission shall furnish each polygraph examiner with forms upon which the examiner shall state whether any of the applicant’s responses to questions from the applicants personal data questionnaire are deceptive. The report on each examination shall be submitted to the Commission within five days after the date of the examination.
B. 
The examiner shall ask questions based on the information contained in the personal data questionnaire. Before administering the test, the examiner shall ask each applicant whether there is any more information related to the personal data questionnaire which the applicant would like to provide. There shall also be a post test review, during which the examiner shall again ask the participant, if deception is indicated, whether there is any information which the applicant is withholding.
C. 
If the examiner shall deem any of the applicant’s responses to be deceptive, the examiner must tell the applicant immediately and give the applicant an opportunity to explain, deny or admit the deception. If the applicant denies being deceptive or if the explanation is found unsatisfactory by the examiner, the applicant will be given the opportunity to retake the test with a second examiner. Notice of the opportunity to retest shall be given in writing to the applicant. If the second examiner finds no deception, the applicant will be considered as having passed the polygraph. If the second examiner also finds the applicant deceptive, the applicant will be considered as having failed the examination.
D. 
An applicant who has failed both tests may appeal to the Civil Service Commission for a third examination, and the decision to give the applicant an opportunity to take a third test resides solely within the discretion of the Commission. If the applicant is awarded an opportunity to take a third test and passes, then the applicant will be considered as having passed the polygraph test. If the applicant is found deceptive on a third test, the applicant will be rejected.
8. 
Physical Fitness Testing. An applicant for the position of patrol officer must be able to complete a physical fitness examination that is job-related and consistent with business necessity.
9. 
Background Investigation.
A. 
The Commission shall request the Chief of Police or the Chief’s designee to conduct a background investigation on each applicant. The background investigation shall also include 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 who 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.
B. 
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 requires clarification or explanation.
C. 
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.
D. 
After the background investigation is completed, the Chief or his designee shall make a written recommendation to the Commission on whether the applicant is appropriate for consideration for appointment as a patrol officer. 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 his designee, each applicant will be informed of whether he or she has passed the background investigation.
[Ord. 808, 6/3/2013]
1. 
Creation of Eligibility List.
A. 
At the completion of the examination requirements set forth in §1-424, written examination, oral examination, background investigation, physical fitness test, and polygraph examination when required, 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.
B. 
For promotional positions, fulfilling the performance requirement set forth in §1-423.6 is also required. In the case of tied scores, the tie will be broken by giving preference to the applicant who submitted a final completed application first. If both tied applicants submitted their complete applications on the same day, then the applicants shall be ranked in alphabetical order by surname.
C. 
The eligibility list will be valid for one year from the date the Commission formally adopts the eligibility list. The Commission, at its sole discretion, prior to expiration of the one-year period, may extend the validity of the eligibility list for up to an additional 12 months by a majority vote of the Commission at a duly authorized Commission meeting. In the absence of a lawful extension by the Commission, the list shall expire. The Commission may, at its sole discretion, void an eligibility list at any time for any reason.
2. 
Appointment.
A. 
The appointing authority of the Borough 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 by the reappointment or reinstatement of a former employee of the Police Department who has been furloughed with sole reference to the merits and fitness of the candidate. 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 recertification requirements prescribed by the Municipal Police Officers’ Education and Training Commission.
B. 
If no furlough list exists or if positions remain to be filled after all of the officers on the furlough list were offered reemployment, every position, except that of Chief of Police, shall be filled only in the following manner:
(1) 
The appointing authority of the Borough shall notify the Commission of any vacancy which is to be filled and shall request the certification of an eligibility list.
(2) 
The Commission shall certify for each existing vacancy from the eligibility list, the names of the three persons, or a lesser number where three are not available, who have received the highest average.
(3) 
The Council shall make a conditional appointment from the three names certified, based solely on the merits and fitness of the candidates, unless the Borough Council makes objections to the Commission regarding one or more of the certified persons. However, for initial appointment to patrol officer, when one of the three applicants on the certified list is a veteran, that applicant shall be selected.
C. 
The Borough Council may object to one or more of the persons certified for the reasons set forth in §1-423.6 of this Subpart. If the candidate to whom the Borough Council objects fails to timely exercise the rights of appeal under §1-423.9, or if the Commission declines to uphold the appeal, 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.
3. 
Appointment of Chief of Police. In the case of a vacancy in the office of Chief of Police, the appointing authority may nominate a person to the Commission. It shall then become the duty of the Commission to subject the person to a non-competitive examination, and if the person shall be certified by the Commission as qualified, he may then be appointed to the position, and shall be subject to all the provisions of this Subpart.
4. 
Medical and Psychological Examinations.
A. 
An applicant selected from the eligibility list shall receive a conditional offer of employment. The offer of employment shall be conditioned upon the conditional appointee undergoing a physical and psychological medical examination and a determination that the conditional appointee is capable of performing all the essential functions of the position. 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.
B. 
The physician or other qualified medical professional and the psychiatrist or psychologist shall be appointed by Borough Council and shall render a written opinion as to whether the conditional appointee has a physical or mental condition which calls into question the person’s ability to perform all of the essential functions of the position for which the person was conditionally appointed.
C. 
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 a position, a person designated by Borough Council shall meet with the conditional appointee for the purpose of having one or snore interactive discussions on whether the conditional appointee can, with or without reasonable accommodation, perform all the essential functions of the position.
D. 
If, at the conclusion of the interactive discussion under Paragraph C, Borough Council determines that the conditional appointee is not qualified, Council shall give written notice to the conditional appointee and the Commission. The rejected candidate may appeal this decision under §1-423.9. The Commission shall then certify another name to be included with the two previously certified names for consideration by the appointing authority pursuant to Subsection 2.
E. 
Nothing in this Act shall be construed to authorize physical or psychological medical examinations prior to conditional appointment.
F. 
As used in this Section, the following definitions shall apply:
MEDICAL EXAMINATION
Any examination, procedure, inquiry or test designed to obtain information about medical history or a physical or mental condition which might disqualify an applicant if it would prevent the applicant from performing, with or without a reasonable accommodation, all of the essential functions of the position.
PHYSICIAN
Shall have the meaning given to it in 1 Pa.C.S. Section 1991 (relating to definitions).
QUALIFIED MEDICAL PROFESSIONAL
An individual, in collaboration with or under the supervision or direction of a physician, as may be required by law, who is licensed:
(a) 
As a physician assistant pursuant to the act of December 20, 1985, (P.L. 457, No. 112), 63 P.S. §422.1 et seq., known as the “Medical Practice Act of 1985,” or the Act of October 5, 1978 (P.L. 1109, No. 261), 63 P.S. §271.1 et seq., known as the “Osteopathic Medical Practice Act.”
(b) 
As a certified registered nurse practitioner pursuant to the Act of May 22, 1951 (P.L. 317, No. 69), 63 P.S. §211 et seq., known as the “Professional Nursing Law.”
5. 
Probationary Period.
A. 
Every successful applicant to the position of patrol officer or to a promotional position with the Police Department shall serve a twelve-month probationary period. For newly hired patrol officers, the one-year 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 §1-423.7 or because of incapacity for duty due to the use of alcohol or drugs. A promoted officer, during probation, may be returned to a prior rank only for the reasons set forth in §1-423.7.
B. 
If at the close of a probationary period the conduct or fitness of the probationer has not been satisfactory to the Borough Council, the probationer shall be notified in writing that the probationer will not receive a permanent appointment, and the appointment shall cease. If the probationer is not notified or dismissed in accordance with this Section, the probationer’s retention shall be equivalent to a permanent appointment. The decision of the Borough to suspend or discharge a probationer shall be final and shall not be subject to the hearing provisions of this Subpart.
6. 
Provisional Appointments. Whenever there are urgent reasons for the filling of a vacancy in any position in the Police Department and there are no names on the eligibility list for such appointment, the Borough Council may nominate a person to the Commission for noncompetitive examination. If the nominee shall be certified by the Commission as qualified after noncompetitive examination, the nominee may be appointed provisionally to fill the vacancy. It shall thereupon become the duty of the Commission within three weeks to hold a competitive examination and certify a list of eligibles, and a regular appointment shall then be made from the name or names submitted by the Commission, provided that nothing within this Section shall prevent the appointment, without examination, of persons temporarily as police officers in cases of riot or other emergency.
7. 
Promotions.
A. 
Promotions shall be based on merit to be ascertained by examinations to be prescribed by the Commission. All questions relative to promotions shall be practical in character and will fairly test the merit and fitness of persons seeking promotion.
B. 
Borough Council shall notify the Commission of a vacancy in the police force in the Borough which is to be filled by promotion and shall request the certification of an eligibility list. The Commission shall certify for each vacancy the names of three persons on the eligibility list who have received the highest average in the last preceding promotional examination held within a period of two years preceding the date of the request for the eligibility list. If three names are not available, the Commission shall certify the names remaining on the eligibility list. The Borough Council shall make an appointment from the names certified, based solely on the merits and fitness of the candidate, unless Council makes objections to the Commission regarding one or more of the persons so certified for any reason provided under §1-423.7.
C. 
The Borough Council shall have power to determine in each instance whether an increase in salary shall constitute a promotion.
[Ord. 808, 6/3/2013]
1. 
Grounds for Disciplinary Action.
A. 
No person appointed to a position in the Police Department pursuant to this Subpart may be suspended without pay or removed, or reduced in rank except for the following reasons:
(1) 
Physical or mental disability affecting the officer’s ability to continue in service, in which case the officer shall receive an honorable discharge from the service.
(2) 
Neglect or violation of official duty.
(3) 
Violation of any law which provides that such violation constitutes a misdemeanor or felony.
(4) 
Inefficiency, neglect, intemperance, disobedience of orders or conduct unbecoming an officer.
(5) 
Intoxication while on duty.
(6) 
Engaging or participating in or conducting of any political or election campaign while on duty or in uniform or while using Borough property otherwise than to exercise a person’s own right of sufferage.
(7) 
Engaging or participating in the conduct of a political or election campaign for an incompatible office as provided in §1104(F) of the Borough Code, 53 P.S. §46104(F).
B. 
No officer shall be removed for religious, racial or political reasons. A written statement of any charges made against any officer so employed shall be furnished to the officer within five days after those charges have been filed. The officer shall have 10 days from the date of receiving the notice in which to submit a written request for a hearing to the Civil Service Commission.
2. 
Furloughs. If for reasons of economy or other reasons it shall be deemed necessary by the Borough to reduce the number of paid employees of the police force, then the Borough shall furlough the person or persons, including probationers, last appointed to the respective force. Such removal shall be accomplished by furloughing in numerical order commencing with the person last appointed until such reduction shall have been accomplished. In the event the police force shall again be increased the employees furloughed shall be reinstated in the order of their seniority in the service if the furloughed officer accepts reinstatement in writing within 30 days of receiving notice of the opening. The provisions of this subsection as to reductions in force are not applicable to the Chief of Police.
3. 
Notice of Suspensions, Removals or Reductions in Rank.
A. 
Whenever a police officer is suspended without pay, removed or reduced in rank, the specific charges warranting such actions shall be stated in writing by the Borough Council. The charges shall be stated clearly and in sufficient detail to enable the officer to understand the charges and to allow the officer an opportunity to respond to those charges. The charges shall specify the subsection of Subsection 1 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 Subsection 1.
B. 
Within five days after the Borough Council 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 and registered mail. In addition, the charges shall notify the officer of the right to appeal under Subsection 4 of this Subpart. A copy of the statement of charges shall also be served upon the members of the Civil Service Commission.
4. 
Hearings on Suspensions, Removals and Reductions in Rank.
A. 
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 Commission at 1 North High Street, Selinsgrove, PA 17870, requesting a hearing. This request shall be received by the Commission within 10 days after the officer received notice of the discipline. The officer may make written answers to any charges filed 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.
B. 
The Commission shall schedule a hearing within 10 days from the officer’s written request for a hearing, unless continued by the Commission for cause at the request of the Commission, the Borough Council or the officer. At 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 in his defense. The Borough may also be represented by counsel, call witnesses and present evidence as is necessary to support the charges. A 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 available for public inspection.
C. 
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 Borough Council unless it finds that the penalty imposed was arbitrary, discriminatory or an abuse of the Council’s discretion. In considering the appropriateness of the discipline, the Commission shall not substitute its judgment for that of the Borough Council. The Commission may request post-hearing briefs and shall issue a written decision containing specific findings of fact and conclusions of law within 60 days of receipt of the hearing transcript.
5. 
Hearing Procedure.
A. 
All testimony shall be given under oath administered by the Chairperson or, in absence of the Chair, the Vice-Chairperson. The Commission shall have the power to issue subpoenas as set forth in §1-422.11. Unless the Borough Council or the person sought to be suspended, removed or reduced in rank requests that the proceedings before the Commission be open to the public, the proceedings before the Commission pursuant to this Section shall be held in the nature of a closed executive session that shall not be open to the public. Any such request shall be presented to the Commission before the civil service hearing commences. The deliberations of the Commission, including interim rulings on evidentiary or procedural issues, may be held in private and shall not be subject to a request for being open to the public, the Council or to the person sought to be suspended, removed or reduced in rank. The Commission’s disposition of the disciplinary action shall constitute official action which shall occur at a public meeting held pursuant to 65 Pa.C.S. Ch. 7 (relating to open meetings).
B. 
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 days of 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 without pay, removal or demotion, and no charges related to the suspension, removal or reduction in rank shall be officially recorded in the officer’s record.