When a vacancy is to be filed in the Police Department, the Borough Council shall submit a written request to the Commission for a list of certified names of eligible candidates. In making the request, the title of the position to be filled shall be specified.
Upon receipt of a request from the Borough Council, the Commission shall first certify the names of those eligible who were furloughed because of a reduction in force. In filling a vacancy from the furlough list, the Commission shall certify the top name only. If more than one vacancy is to be filled, the Commission shall certify from the top of the list the number of names equal to the number of vacancies to be filled. No examination, other than a physical examination as directed by the Civil Service Commission, shall be required in any case of reappointment or reinstatement.
A.
If no furlough list exists or if the total number of vacancies cannot be filled from the available names on the furlough list, the Borough Council shall notify the Commission of any vacancy that is to be filled and shall request the certification of three names from the eligibility list or a lesser number where three names are not available.
B.
If less than three eligible candidates are on the list, the Commission shall certify the name(s) remaining on the list. The Borough Council may make an appointment from one of the three certified names, or may request that the Commission hold another examination.
C.
Borough Council shall make a conditional offer of employment from the three names certified concerning the merits and fitness of the candidates. However, for an initial appointment for a conditional offer of employment for the position of a police officer, when one of the three applicants on the certified list is a veteran, that applicant shall be selected unless the Borough Council makes an objection to the Commission regarding one or more of the certified persons for any of the reasons stated in § 17-23. Should the Commission sustain the objections, or if the conditional appointee is determined to be unqualified in accordance with the procedures set forth in § 17-25, the Commission shall strike the name of the person from the eligibility list and certify the next highest name for each name stricken from the eligibility list. The same procedure shall be followed as each subsequent vacancy occurs in the same or another position.
An applicant for new employment selected from the certified eligibility list shall receive a conditional offer of employment for the Police Department. A conditional offer of employment shall be conditioned upon the appointee completing and satisfying the requirements set forth in Article VIII. There shall be no physical or psychological medical examination prior to the conditional offer of appointment.
In the case of appointments to promotional positions, Borough Council may make an appointment from only any one of the top three candidates. If less than three names appear on the eligibility list, the Borough Council may make an appointment from the remaining eligibility list.
A.
All initial appointments to the position of police officer or to a promotional position with the Police Department shall serve a twelve-month probationary period. The probationary period shall begin on the date of hire/appointment. The probationary period shall not commence until after the officer has completed training under Act 120 and receives a certification number.
B.
During probation, a newly hired officer may be dismissed only for a cause specified in the Borough Code 8 Pa.C.S.A. §§ 1183 and 1186. A promoted officer, during probation, may be returned to a prior rank only for a cause specified in the Borough Code 8 Pa.C.S.A. §§ 1183 and 1186. In such circumstances, the following shall apply:
(1)
The Chief of Police shall make a report to the Borough Council recommending the termination of employment of a probationary police officer or a return to the previous rank for a promoted probationary employee found to be unacceptable in their position. The Chief of Police shall submit a final probationary report, not less than 10 nor more than 15 calendar days before the next regular meeting of the Borough Council, immediately preceding the end of the probationary period.
(2)
Within five calendar days after receiving a probationary report from the Chief of Police recommending termination or rejection of permanent appointment, the Borough Council shall notify the Commission, in writing, of its decision to retain or remove the probationary. The Commission, in turn, shall notify the probationary of such decision within five calendar days and, in no event, beyond the last day of the probationary period.
A.
In the case of a vacancy in the office of Chief of Police, the Borough Council has full discretion in selecting the individual to fill the position of Chief of Police. If the Borough Council requests the Commission to subject that person to a noncompetitive examination, and if that person successfully passes the noncompetitive examination, then the Commission shall notify the Borough Council of the examination results. That person may only be removed from the position of Chief of Police for reasons set forth in § 17-57 of these Rules and Regulations.
B.
The Borough Council may appoint a Police Chief without civil service status. If the Borough Council appoints an individual without civil service status, the individual appointed to Police Chief may be returned to a prior rank within the Manheim Borough Police Department if promoted within or dismissed from an outside appointment without implicating civil service hearing rights.