In seeking applicants for positions within its Police Department, the Borough of Manheim may advertise for applicants or may limit its search and advertising to applicants with Act 120 training at the sole discretion of the Borough of Manheim.
The Commission shall adopt Rules and Regulations, to be approved as provided in § 17-11, provided for the examination of applicants for positions in the police force and promotions. The Rules and Regulations shall prescribe the minimum qualifications of all applicants to be examined and minimum passing grades. All examinations for positions or promotions shall be practical in character and fairly test the merit and fitness of the applicant to perform the required duties of the employment position sought. All examinations shall be open to all applicants with the minimum qualifications required by the Rules and Regulations.
A.
To be eligible for participation in any examination for any position with the Police Department, every applicant must submit a completed application form to the Commission before the deadline stated by the Commission. 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.C.S.A. § 4904 relating to unsworn falsification to authorities. In addition, the application shall, at a minimum, provide the following information:
(1)
The applicant's full name and residence or post office address.
(2)
The applicant's citizenship, place, and date of birth.
(3)
The applicant's business or employment and residence for the past five years.
(4)
Representation of the applicant's health condition and physical capacity for public service.
B.
In circumstances where the Commission has advertised that Act 120 certification is a minimum requirement for applicants, proof of such training and certification shall be provided to the Commission by the applicant.
C.
By the Rules and Regulations of the Commission, an applicant may be required to provide additional information proving that the applicant qualifies for the minimum requirements to take the examination for the specific position being sought.
D.
Applications shall be available to all interested persons who meet the minimum qualifications advertised and in such locations and formats as the Commission may approve from time to time. The procedures to obtain and submit applications shall be specified in each public notice announcing an examination.
E.
An application shall become invalid one year after the date it was received.
A.
The application shall contain no falsifications, omissions, or concealments of material facts. Should any investigation of the Commission disclose any misstatement, falsification, or concealment concerning an applicant:
(1)
The application shall be invalid, and the applicant shall be disqualified from examination; or
(2)
If the applicant has already been examined and certified as eligible, the name of that applicant shall be removed from the eligibility list, or
(3)
If the applicant has already been appointed to a position within the Manheim Borough Police Department, such misstatement, falsification, or concealment shall constitute grounds for dismissal from the Manheim Borough Police Department.
B.
No person who creates a false application shall be permitted to apply for any current or future position in the Manheim Borough Police Department.
A.
The Borough of Manheim is an equal-opportunity employer. It is the policy of both the Borough Council and the Commission to grant equal employment opportunities to qualified persons without regard to race, religion, color, national origin, gender, sexual orientation, age, veteran status, marital status, or non-job related physical or mental handicap or disabilities. The Borough Council and the Commission will provide equal opportunities for employment and promotion.
B.
No question in any form of application for examination or in any examination shall be so framed as to elicit information concerning any political or religious opinions or affiliation of any applicant. No inquiry shall be made to the applicant concerning their opinion or affiliations, and all disclosures of opinion or affiliation shall be ignored. No discrimination shall be exercised, threatened, or promised by any person against or in favor of any applicant or employee.
All applicants must have reached their 21st birthday before the deadline for submitting completed applications. Each applicant shall present satisfactory proof of their date of birth if requested. Applicants must meet the residency requirement in the current collective bargaining agreement within one year of their hire date.
A.
Every applicant for any position in the Police Department shall possess a diploma from an accredited high school or a graduate equivalency diploma (GED). In addition, every applicant must be a United States citizen, be of good moral character, and be physically and mentally fit to perform the complete duties of a police officer.
B.
Prior to appointment, an applicant must possess a valid motor vehicle operator's license issued by the Commonwealth of Pennsylvania.
C.
Prior to appointment, an applicant must have the immediate ability to obtain a firearm's license before commencing employment.
D.
Applicants must agree to strictly adhere to all rules and regulations of the Commission during the application and testing process.
E.
Applicants must meet the minimum qualifications for certification established by the Municipal Police Officers' Education and Training Commission (MPOETC) as set forth in 53 Pa.C.S.A. § 2161 et seq. at the time of examination.
A.
In addition to satisfying the requirements for entry-level appointment contained in § 17-21, all applicants for a promotional position, except the position of Chief of Police, shall not have been suspended without pay for more than five days in the three years before the deadline for submitting applications. Any suspension to which the applicant has timely appealed pursuant to a contractual grievance procedure shall be disregarded unless the appeal is resolved before the creation of the eligibility list.
B.
All applicants must have completed their one-year probationary period with the Manheim Borough Police Department before the application deadline. All applicants shall have certified prior service with a law enforcement agency recognized by the Pennsylvania Municipal Police Officer Training and Education Commission (MPOTEC) as follows:
(1)
An applicant for the position of Corporal shall have a minimum of three years of service as a police officer or similar rank.
(2)
An applicant for the position of Sergeant shall have a minimum of five years of service as a police officer or similar rank.
(3)
An applicant for the position of Lieutenant shall have a minimum of seven years of service as a police officer.
A.
The Commission may refuse to examine, or if already examined, refuse to certify after examination as eligible, any applicant who is found to lack any of the minimum qualifications for examination prescribed in the Rules and Regulations adopted for the position for which the person has applied, including these Civil Service Rules and Regulations, any general orders or policies of the Manheim Borough Police Department, and the hiring packet approved for use by the Commission for any examination process. In addition:
B.
The Commission may refuse to examine, or if already examined, refuse to certify any applicant who is found to have or meets any of the criteria below:
(1)
Is physically unfit for the performance of the duties required by the position sought;
(2)
Who has been found guilty of any crime involving moral turpitude or of infamous, notoriously disgraceful conduct;
(3)
Who has been dismissed from public service for delinquency or misconduct in office;
(4)
Who is affiliated with any group whose policies or activities are subversive to the forms of government set forth in the Constitution and laws of the United States and Commonwealth of Pennsylvania;
(5)
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);
(6)
Would be ineligible for certification by the PA Municipal Police Officers' Education and Training Commission;
(7)
Has made false statements of any fact, a material omission, or practiced or attempted to practice any deception or fraud in the applicant's application, examination, or in otherwise securing the applicant's eligibility;
C.
If a recommendation is made to the Commission that an applicant is to be rejected for the reasons set forth in Subsection A or B, then the Commission will, upon the request of the applicant, hold a hearing pursuant to § 17-25 of these Rules and Regulations within 10 days. The decision of the Commission to remove any applicant from further consideration in the hiring process shall be final.
A.
Applications for entry-level police officer positions and testing shall be submitted only after a hiring or promotional test has been adequately advertised and before the deadline posted. Applications for entry-level testing shall comply with the requirements approved by the Commission.
B.
Applications for any other position in the Police Department may be received as advertised and shall comply with the requirements approved by the Commission.
C.
Applications may be received as advertised by the municipal officer designated in the public advertisement or that officer's designee. That person 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. If the time and place of the testing have not yet been determined at the time the applicant files their application before the application deadline, the applicant shall be given at least two weeks' notice of the time and place for the examination, as soon as it is known.
D.
Any application containing material errors or omissions may, at the discretion of the Commission, be returned to the applicant for correction before the deadline for filing applications, after which no new applications or amended applications will be accepted.
A.
Any applicant or other person who believes they are aggrieved by a refusal to examine or 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 public hearing, which shall be conducted pursuant to the procedures set forth in the Local Agency Law, 2 Pa.C.S.A. § 105 et seq. The rejected applicant and the Borough may be represented by their chosen counsel. Testimony will come from witnesses under oath or affirmation, and the proceeding shall be stenographically transcribed.
B.
The deliberations of the Commission, 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.A. Ch. 7 (relating to open meetings). The Commission's decision to sustain the rejection of the applicant or to overturn it shall be final.
C.
The time for filing a challenge to the scores that the applicant receives on a written examination or physical agility test begins when the applicant receives the written score test result or notice of the results or the testing scores are posted, whichever occurs first. If such an applicant or person requests a hearing regarding their written examination score, any previous decision of another municipal civil service commission addressing the propriety of the same written examination or physical agility test shall be persuasive but not binding on the Commission.
A police officer may not hold an elected office of the Borough that employs the police officer. A police officer employed by a regional department, council of government, or other cooperative venture may not hold an elected office in any municipalities participating in the regional department, council of government, or other cooperative venture.