[HISTORY: Adopted by the Borough Council of the Borough of Ephrata 4-10-1961 as Ord. No. 772. Amendments noted where applicable.]
The Police Department of the Borough of Ephrata, as heretofore established, is hereby continued and confirmed.
[Amended 2-9-1976 by Ord. No. 1008; 4-8-1996 by Ord. No. 1279; 7-11-2011 by Ord. No. 1474]
The Police Department heretofore established and hereby confirmed shall hereafter be composed of a Chief of Police who shall, under the direction of the Mayor, be in charge of the Department.
Subordinate to the Chief of Police, in the Police Department, the following classifications are hereby established: Lieutenant, Sergeant and patrolman, or those of such classifications to which the Borough Council shall, at any specific time, have appointed one or more police officers. The order of authority among such subordinate classifications shall be in the order above listed. The number of persons to serve in each of such subordinate classifications on a full-time and/or part-time basis and the compensation of each shall be as determined by the Borough Council from time to time.
The hiring of patrolmen and promotions to ranks other than the Chief of Police shall be made pursuant to rules and regulations of the Police Civil Service Commission of the Borough of Ephrata, which shall be approved by resolution of the Borough Council from time to time and shall be in accordance with applicable provisions of the Pennsylvania Borough Code.
All applicants for positions selected by Borough Council from the eligibility list submitted by the Police Civil Service Commission of the Borough of Ephrata shall receive a conditional offer of employment as follows:
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.
The physician or other qualified medical professional and the psychiatrist or psychologist shall be appointed by Borough Council and 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 of the essential functions of the position for which the person was conditionally appointed.
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 more interactive discussions on whether the conditional appointee can, with or without reasonable accommodation, perform all the essential functions of the position.
If, at the conclusion of the interactive discussion under Subsection D(3), Borough Council determines that the conditional appointee is not qualified, Borough Council shall give written notice to the conditional appointee and the Commission.
No physical or psychological medical examinations are authorized prior to conditional appointment.
As used in this Subsection D, 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.
- An individual as defined in the Pennsylvania Statutory Construction Act, 1 Pa.C.S.A. § 1991, as amended.
- 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:
As a physician assistant pursuant to the act of December 20, 1985 (P.L. 457, No. 112), known as the "Medical Practice Act of 1985," or the act of October 5, 1978 (P.L. 1109, No. 261), known as the "Osteopathic Medical Practice Act"; or
As a certified registered nurse practitioner pursuant to the act of May 22, 1951 (P.L. 317, No. 69), known as "The Professional Nursing Law."
[Amended 2-9-1976 by Ord. No. 1008]
Nothing herein contained shall affect the authority of the Mayor to appoint special police during emergencies.