[1]
The following Rules and Regulations, which are in accordance
with powers granted by the Civil Service section of the Borough Code,
Sections 1171-1195, enacted by the General Assembly of the Commonwealth
of Pennsylvania and in accordance with the authority granted by the
Municipal governing body of Borough of Lansdale, Pennsylvania, were
adopted by the Civil Service Commission of the Borough of Lansdale,
Pennsylvania on September 15, 1994 and by the Borough Council 9-21-1994
by Ord. No. 1530. These rules and regulations were subsequently amended
in significant part and readopted as a whole by Ord. No. 2020-1944.
The following shall now constitute the rules and regulations
for the Civil Service Commission of Lansdale, Pennsylvania.
A.
APPLICANT
APPLICATION
APPOINTING AUTHORITY
BOROUGH COUNCIL
BOROUGH HALL
BOROUGH SECRETARY
CERTIFICATION, CERTIFIED
CHAIRPERSON
COMMISSION
COMMISSIONERS
CONDITIONAL OFFER OF EMPLOYMENT
ELIGIBLE
ELIGIBLE LIST
EXAMINATION
FURLOUGH LIST
MPOETC
POLICE DEPARTMENT
POSTING
PROBATIONER
REDUCTION IN RANK; REDUCED IN RANK
REMOVAL
RULES AND REGULATIONS
SECRETARY
SUSPENSION
VETERANS' PREFERENCE
VICE CHAIRPERSON
WAIVER OF TRAINING
Definitions. Unless otherwise expressly stated, the following words
and phrases, wherever used in these rules and regulations, shall be
construed to have the meaning indicated herein:
Any individual who applies in writing to the Commission in
response to a legally advertised notice of vacancy and/or examination
for any position in the Police Department by completing and filing
an application.
The form made available to any applicant by the Civil Service
Commission of the Borough of Lansdale, which shall be properly completed
and timely filed in order to make the applicant a candidate for any
position in the Police Department.
The Borough Council of the Borough of Lansdale, Montgomery
County, Pennsylvania.
The Borough Council of the Borough of Lansdale.
The Borough Hall of the Borough of Lansdale, One Vine Street,
Lansdale, PA 19446.
The Secretary of the Borough of Lansdale.
The submission to the appointing authority pursuant to its
request of three names taken from the eligible list developed by the
Civil Service Commission.
The Chairperson of the Civil Service Commission of the Borough
of Lansdale, Pennsylvania.
The Civil Service Commission of the Borough of Lansdale,
Pennsylvania.
The members of the Civil Service Commission of the Borough
of Lansdale, Pennsylvania.
That offer which is extended to an applicant after selection
by the Borough Council which shall be conditioned upon the applicant's
successful completion of the medical examination and psychological
examination.
A person whose name is recorded on a current eligible list
or furlough list.
The list of names of persons who have passed all examinations
for a position in the Police Department.
The series of tests given to candidates to determine their
qualifications for a position in the Police Department.
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.
The Municipal Police Officers' Education and Training Commission
established by 53 Pa.C.S.A. § 2161 et seq.
The Police Department of the Borough of Lansdale, Pennsylvania.
Presentation in a conspicuous place in or on a Borough building
in an area of public thoroughfare.
An officer in the Police Department who has been appointed
from an eligible list, but who has not yet completed the work-test
period.
A change to a different position or rank where the employee
fulfilled all the requirements of these rules and regulations 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."
The permanent separation of a police officer from the Police
Department.
These rules and regulations of the Civil Service Commission
of the Borough of Lansdale.
The Secretary of the Civil Service Commission of the Borough
of Lansdale, Pennsylvania.
The temporary separation without pay of a police officer
from the Police Department.
The preference to be afforded a veteran under the Veterans'
Preference Act, Act 92 of 1975, P.L. 233, (51 Pa.C.S.A. § 7101.1
et seq.).
The Vice Chairperson of the Civil Service Commission of the
Borough of Lansdale, Pennsylvania.
That waiver granted by the MPOETC pursuant to the provisions
of 53 Pa.C.S.A. § 2161 et seq.
B.
Gender. The words "he," "his," "him" and "men" when used in these
rules and regulations represent both the masculine and feminine genders.
A.
Composition; terms; vacancies; oath of office.
(1)
The Commission shall consist of three Commissioners who shall be
qualified electors of the Borough of Lansdale 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.
(2)
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.
(3)
Each member of the Commission, before entering upon the discharge
of the duties of his office, shall take an oath or affirmation to
support the Constitution of the United States and of the Commonwealth
of Pennsylvania and to perform his official duties with fidelity.
No Commissioner shall receive compensation.
(4)
Alternate members.
(a)
Council may appoint no more than three qualified electors of
Lansdale Borough to serve as alternate members of the Commission.
The term of office of the alternate members shall be six years.
(b)
If seated as stated in § 22-3C of this chapter, 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 specified in this subsection and as otherwise provided by law.
(c)
An alternate member may not hold another office in Lansdale
Borough.
(d)
An alternate may participate in any proceeding or discussion of the Commission but may not vote as a member of the Commission unless designated as a voting alternate member under Subsection A(4)(e), below.
(e)
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 under § 22-3C of this chapter shall be made on a case-by-case basis in rotation according to declining seniority among the alternates.
B.
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 Borough Council. One Commissioner
may be a member of the teaching profession.
C.
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, one as Vice Chairperson and one
as Secretary. The Commission shall thereafter meet and organize on
the first Monday of each even-numbered year. 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 Chairperson
shall designate as many alternate members of the Commission to sit
on the Commission as may be needed to provide a quorum. No action
of the Commission shall be valid unless it shall have the concurrence
of at least two Commissioners.
D.
Duties of Chairperson. The Chairperson, or in his 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 these rules and regulations.
E.
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 law and these rules and regulations, keep
a record of each examination or other official action of the Commission
and perform all other duties required by law or these rules and regulations.
F.
Meetings. Except for the biennial organization meeting, all meetings
shall be held either at the call of the Chairperson or at the call
of two members of the Commission. The Commission shall have the discretion
to determine whether meetings shall be open to the public when not
specifically regulated by law or these rules and regulations. The
Secretary shall give each Commissioner written notice of at least
24 hours of each and every meeting of the Commission.
G.
Clerks and supplies. The Borough of Lansdale shall furnish the Commission
with such supplies and clerical assistance as may be necessary for
the Commission to fulfill its duties. In addition, the Commission
shall retain the services of a solicitor for the Commission to be
appointed by the Commission and paid by Lansdale Borough, and may
retain any other consultants or experts, including physicians or psychiatrists,
as are necessary. The elected and appointed officials of the Borough
of Lansdale shall assist the Commission with all reasonable and appropriate
efforts, including compensation for any counsel or experts retained
by the Commission.
H.
Amendment of rules and regulations. The Commission may amend, revise,
void or replace these 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 these rules and regulations
become effective, however, those changes must be approved by the Borough
Council. These rules and regulations, and any amendments thereto,
shall be made available to the public for distribution or inspection.
I.
Minutes and records.
(1)
The Commission shall keep minutes of its proceedings and records
of examinations and other official actions for a period of at least
10 years. All recommendations of any applicant for appointment to
any position within the Police Department received by the Commission
shall be kept and preserved for a period of 10 years.
(2)
Any and all records related to any disciplinary action filed with
the Commission shall be open to public inspection subject to applicable
law. 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.
J.
Investigations. The Commission shall have the power to make investigations
concerning all matters relating to the administration and enforcement
of these rules and regulations. Any Commissioner is authorized to
administer oaths and affirmations in connection with such investigations.
K.
Subpoenas.
(1)
The Commission shall have the power to issue subpoenas over the signature
of the Chairperson, or his designee, to acquire the attendance of
witnesses and the production of records and papers pertaining to any
investigation or inquiry. The fees of such witnesses for attendance
and travel shall be the same as for witnesses appearing in the Courts
of the Commonwealth of Pennsylvania and shall be paid from appropriations
for the incidental expense of the Commission.
(2)
All officers in public service and employees of the Borough of Lansdale
shall attend and testify when required to do so by the Commission.
(3)
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 not
to exceed $100, and in default of the payment of such fine and cost,
shall be imprisoned, not to exceed 30 days.
(4)
If any person shall refuse or neglect to obey any subpoena, the Commission
may apply by petition to the Court of Common Pleas of Montgomery County
for its subpoena, requiring the attendance of such persons before
the Commission or the Court to testify and to produce any records
and papers necessary and, in default thereof, shall be held in contempt
of court.
L.
Annual report. The Commission shall make an annual report to the
Borough of Lansdale containing a brief summary of its work during
the year and a full accounting for any expenditure of public moneys.
The annual report shall be available for public inspection.
A.
Eligibility for examinations.
(1)
In order to be included for participation in any examination for
any position with the Police Department, every applicant must submit
a completed application to the Commission before the deadline stated
by the Commission for that specific examination.
(2)
The statements made by the applicant in the application shall contain
no falsification, omission or concealment of material fact. The applicant
must make an oath to the penalties of 18 Pa.C.S.A. § 4904.
Should investigation disclose any willful misstatement, falsification,
omission or concealment with respect to any item contained in an application:
(a)
The application shall be invalid, and the applicant shall be
disqualified from examination;
(b)
If the applicant shall have been examined, the name of such
applicant shall be removed from the eligible list; or
(c)
If the applicant shall have been appointed, such willful misstatement,
falsification, omission or concealment shall constitute grounds for
dismissal from the Police Department.
B.
Discrimination. The Borough of Lansdale is an equal opportunity employer.
It is the policy of the Borough of Lansdale and the Commission to
grant equal employment opportunities to qualified persons without
regard to race, religion, color, national origin, gender, age, veteran's
status, marital status, sexual orientation, or non-job-related physical
or mental handicaps or disabilities. The Borough of Lansdale and the
Commission will provide equal opportunities in employment and promotion.
C.
Availability of application. Application forms shall be available
to all interested persons in the office of the Borough Secretary 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 delay in the
mail.
D.
Age and residency requirements. Each applicant must have reached
his 21st birthday before the deadline for submitting completed applications.
An applicant must agree, in writing, to establish his permanent residence
within a fifty-mile radius of the Borough Hall within six months after
completing his probationary period.
[Amended 3-15-2023 by Ord. No. 2023-1964]
E.
General qualifications for all applicants. Each applicant for any
position in the Police Department shall:
(1)
Be a citizen of the United States of America. In the case of a naturalized
citizen, evidence of naturalization satisfactory to the Commission
shall be provided by the applicant.
(2)
Pre-employment MPOETC training requirement no longer required.
(3)
Meet one of the following education and/or experience requirements:
(a)
Have completed a minimum of two years (60 semester hours) from
an accredited college; or
(b)
Have completed two years' active duty military experience with
an honorable discharge and/or eligibility for honorable discharge
if still engaged in military service at the time of application; or
(c)
Have two years' experience as a certified law enforcement officer
with a minimum of 1,000 hours of actual on-the-job experience.
(4)
Possess a valid motor vehicle operator's license valid in the Commonwealth
of Pennsylvania, which license shall not be suspended or revoked at
the time of filing this application.
(5)
Be of good moral character and be physically and mentally fit to
perform the full duties of a police officer.
(6)
Not have been convicted of any local, state or federal offense that
is classified as a misdemeanor or felony.
F.
General qualifications for applicant for sergeant. Each applicant
for the position of Sergeant shall:
(1)
Have at least five years of experience as a full-time law enforcement
officer.
(2)
Have satisfactorily completed a basic training program for police
officers and be currently certified by the MPOETC;
(3)
Have demonstrated an ability to carry out orders from supervisors;
(4)
Demonstrate a working knowledge of police science and administration
as ascertained by an appropriate promotional examination;
(5)
Demonstrate an ability to deliver and supervise the work of subordinates;
(6)
Have received an overall evaluation of average or above and shall
not have received an unacceptable rating in any category on the last
performance evaluation.
(7)
Not have been suspended from duty for more than two total days in
the two years prior to the date on which an application for Sergeant
is made available.
G.
General qualifications for applicant for Lieutenant. Each applicant
for the position of Lieutenant shall:
(1)
Have 10 years of experience in a Commonwealth of Pennsylvania police
department; a minimum of five of such years must have been in the
rank of Police Sergeant in the Lansdale Borough Police Department;
[Amended 3-15-2023 by Ord. No. 2023-1964]
(2)
Have satisfactorily completed a basic training program for police
officers and be currently certified by the MPOETC;
(3)
Have demonstrated an ability to carry out orders from supervisors;
(4)
Demonstrate a working knowledge of police science and administration
as ascertained by an appropriate promotional examination;
(5)
Have knowledge of Department policies, rules, regulations and administrative
practices;
(6)
Demonstrate an ability to deliver and supervise the work of subordinates;
(7)
Have received an overall evaluation of average or above and shall
not have received an unacceptable rating in any category on the last
performance evaluation; and
(8)
Must have strong leadership, management, organizational and communication
skills, be self-motivated and able to build a team environment.
(9)
Not have been suspended from duty for more than three total days
in the five years prior to the date on which an application for Lieutenant
is made available.
H.
Disqualification of applicant. The Commission may refuse to examine
or, if examined, may refuse to designate as eligible after examination
any applicant who is found to lack any of the minimum qualifications
for examination prescribed in these rules and regulations for the
particular position for which the applicant has applied. In addition,
the Commission may refuse to examine or, if examined, may refuse to
designate as eligible any applicant who is physically or mentally
unfit to perform the full duties of the position to which he or she
seeks employment or who is a habitual substance abuser, 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 form
of government set forth in the Constitution of the United States and
of the Commonwealth of Pennsylvania.
I.
Recording and filing applications. Applications for positions in the Police Department shall be available pursuant to § 22-4C hereof only after an examination has been properly advertised and before the deadline for receiving applications which shall be set forth in the public advertisement. Applications will be received by the person designated in the public advertisement or his 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, 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. An application shall become invalid one year after the date upon which it was received.
A.
Public notice. Public notice of the time and place of the examination,
together with information as to the position to be filled, shall be
given by publication in the newspaper of general circulation in the
Borough of Lansdale. The public notice shall be published at least
two weeks prior to an examination, and a copy of the notice shall
be posted on the bulletin board in the Borough Hall. Additional public
notice by publication, posting or otherwise, may be given at any time
at the direction of the Commission.
B.
Notice of examination. In addition to the public announcement of
the written examination, the Secretary shall give timely written notice
as follows:
(1)
By mailing or otherwise delivering to each applicant who shall have
passed the written examination and who is scheduled by the Commission
for oral and polygraph examination notice which shall include the
date, time, place and duration of the oral examination and polygraph
examination.
(2)
Every such notice shall be mailed or otherwise delivered at least
seven days prior to the date fixed for that portion of this examination.
Only an applicant receiving notice to report shall be permitted to
participate, and each applicant shall present his notice to the examiner
before he or she shall be examined. Failure to report for any portion
of the examination in accordance with the instructions contained in
the written notice shall disqualify the applicant, and the conditional
offer of employment (if applicable) shall be immediately withdrawn
except that, in the case of a medical or psychological examination,
the applicant, with the prior approval of the medical examiner and/or
psychologist designated in the notice, may fix another date and time
for such examination; provided, however, that any such date or time
shall be within a period of five days from the date established in
the written notice.
C.
Appointment of examiners. The Commission may, from time to time,
appoint one or more qualified examiners to supervise or conduct all
portions of the examinations required by these rules and regulations.
D.
Conditional offer of employment. Every applicant receiving a conditional
offer of employment and accepting same shall be required to submit
to a medical examination and a psychological examination and shall
be capable of meeting the minimum requirements specified by the MPOETC
and the Commission after receiving appropriate training.
E.
Report of examiner. The Commission may furnish each examiner with
forms upon which the examiner shall state the physical and/or mental
condition of each applicant. The report of each examination shall
be submitted to the Commission within five days after the date of
the examination.
F.
Rejection of unfit applicants. If the examiner shall deem any applicant
unfit for performance of duties of a police officer because of any
physical or mental defect, whether or not the defect shall be specifically
stated as cause for rejection in the statement of medical requirements,
or if any applicant fails to meet the provisions of the conditional
offer of employment, the conditional offer of employment shall be
withdrawn and such applicant shall be rejected and a brief statement
of the reasons for rejection shall be entered in the file of the applicant.
G.
Reexamination of fitness. Each applicant, to be eligible for appointment to any position in the Police Department, shall be deemed fit as determined by the testing procedures set forth in Subsection H hereof and by current 53 Pa.C.S.A. § 2161 et seq. certification. If, in the judgment of the Commission, there shall have been any change in the fitness of any applicant, whether or not such changes shall have been reported by the applicant, the Commission may require the applicant to submit to a further testing before being certified for appointment.
H.
Examination for entry-level police positions.
(1)
The examination for the position of police officer shall consist
of the follow parts:
|
Step
|
Element
|
Passing Score
|
Weighting
|
|---|---|---|---|
|
1
|
Written examination
|
75%
|
40%
|
|
2
|
Agility test
|
Pass/fail
|
Pass/fail
|
|
3
|
Oral examination
|
75%
|
60%
|
|
4
|
Background investigation
|
Pass/fail
|
Pass/fail
|
|
5
|
Polygraph
|
Pass/fail
|
Pass/fail
|
|
6
|
Medical examination
|
—
|
Pass/fail
|
|
7
|
Psychological examination
|
—
|
Pass/fail
|
|
During probationary period:
| |||
|
8
|
Field training program
|
—
|
Pass/fail
|
|
9
|
Random drug and alcohol testing
|
—
|
Pass/fail
|
(2)
The examination for the position of Sergeant shall consist of the
following parts:
|
Step
|
Element
|
Passing Score
|
Weighting
|
|---|---|---|---|
|
1
|
Performance rating
|
70%
|
Pass/fail
|
|
2
|
Written examination
|
70%
|
40%
|
|
3
|
Oral examination
|
70%
|
60%
|
|
4
|
Medical examination
|
—
|
Pass/fail
|
|
5
|
Psychological examination
|
—
|
Pass/fail
|
(3)
The examination for the position of Lieutenant shall consist of the
following parts:
|
Step
|
Element
|
Passing Score
|
Weighting
|
|---|---|---|---|
|
1
|
Performance rating
|
—
|
Pass/fail
|
|
2
|
Written examination
|
70%
|
40%
|
|
3
|
Oral interview
|
70%
|
60%
|
|
4
|
Medical examination
|
—
|
Pass/fail
|
|
5
|
Psychological examination
|
—
|
Pass/fail
|
(4)
The examination for the position of Police Chief shall consist of
the following parts:
|
Step
|
Element
|
Passing Score
|
Weighting
|
|---|---|---|---|
|
1
|
Written examination1
|
70%
|
Pass/fail
|
|
2
|
Oral interview
|
70%
|
100%
|
|
3
|
Background investigation
|
—
|
Pass/fail
|
|
4
|
Medical examination
|
—
|
Pass/fail
|
|
5
|
Psychological examination
|
—
|
Pass/fail
|
|
NOTES:
| |
|---|---|
|
1
|
Optional.
|
I.
Percentage of value of examination elements. Each of the written examinations and oral examinations shall be graded on a scale of 100% and shall be weighted as indicated in Subsection H.
J.
Passing grades. The minimum passing grade for an examination for
the position of Sergeant, Lieutenant, and Chief of Police shall be
a score of 70%, and each applicant for any such position shall score
at least 70% on each element (excluding pass/fail elements) of the
examination. The minimum passing grade for an examination for the
position of police officer shall be a score of 75%, and each applicant
for such position shall score at least 75% on each element (excluding
pass/fail elements) of the examination. Every applicant for the position
of police officer who receives a score of at least 75% on the examination
and who is entitled by law to additional credit for service in the
Armed Forces of the United States shall have his or her total score
adjusted by the addition of 10 points. An applicant claiming veterans'
preference shall submit additional satisfactory proof of active service
and honorable discharge whenever the Commission shall so demand.
K.
Notice of applicant's grade. When the grading of each portion of
any examination is completed, the Secretary shall give each applicant
written notice of his grade.
L.
Ineligibility for future examination for six months. If an applicant
fails to obtain a passing grade in any examination, he or she shall
not be permitted to participate in a subsequent examination for a
position, excluding promotional positions, in the Police Department
of the Borough of Lansdale for six months.
M.
Administering examinations. The Commission may designate any recognized
examining agency to act as examiner for any examination portion thereof.
The Commission shall reserve the right to accept or reject for cause,
in whole or in part, the recommendation of the appointed examining
agency.
N.
Conduct of written examinations. The Commission shall prepare a statement
of instructions and rules for the conduct of written examinations.
The appointed examiner shall administer each examination in accordance
with the instructions of the Commission and shall be responsible for
enforcing the rules of conduct for written examinations.
O.
Conduct of oral examinations. The Commission shall assemble a panel
of up to at least three police officers, who shall conduct a pre-employment
interview with the top-scoring applicants who have successfully completed
the portions of the recruitment process previously set forth under
these rules and regulations. At least two of the evaluators will be
from a group that has been historically underrepresented in the area
of law enforcement (e.g., female, racial minority and ethnic minority).
P.
Background investigation of applicant.
(1)
The Commission shall request the Chief of Police, or his designee,
to conduct a background investigation on each applicant. The background
investigation shall include but not be limited to the completion of
a background questionnaire, interviews with the applicant's family,
acquaintances, current and former employers, current and former neighbors,
references and current and former teachers and school officials. In
addition, the applicant's credit history and record of criminal convictions
shall be investigated. The information obtained during the background
investigation may be verified during the polygraph portion of the
examination.
(2)
The applicant may be interviewed directly when the information collected during the background investigation requires clarification or explanation. After the background investigation is complete, 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 police officer. Appropriateness of the applicant shall be based on the criteria set forth in § 22-4 of these rules and regulations. This recommendation shall be in writing, and if the recommendation is to disqualify, then a detailed 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.
Q.
Penalty for improper conduct. Should an applicant intentionally commit
any act tending to defeat the proper conduct or the result of any
examination, his or her name shall be removed from the eligible list
resulting from the examination and the applicant shall not be permitted
to make future application for any position in the Police Department.
R.
Number of applicants to be tested. Notwithstanding any contrary provision
of these rules and regulations, the Commission may, at its election,
limit the number of applicants for police officer who shall be permitted
to participate at the oral examination and subsequent stages, regardless
of the total number of applicants passing the written examination.
A.
Creation of eligible list. At the completion of the written examination, oral examination, background investigation and polygraph examination, 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 who qualify for veterans' preference points shall have those points added to their passing score prior to being ranked on the eligible list. For Sergeant positions, fulfilling the performance requirements set forth in § 22-4F is also required, and for Lieutenant positions, fulfilling the performance requirements set forth in § 22-4G 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 the tied applicants submitted their completed applications on the same day, then the applicants shall be ranked in alphabetical order by surname. The eligibility list shall be valid for one year from the date the Commission ranks all passing applicants, assigns veterans' preference points and formally adopts the eligibility list. The Commission may, at its sole discretion, by a vote of the majority of the Commission at a duly authorized Commission meeting, extend the list for an additional one year. The Commission may, at its sole discretion, void an eligibility list at any time for any reason.
B.
Appointment.
(1)
The Borough Council of the Borough of Lansdale may fill any vacancy
in an existing position in the Police Department which 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 had been furloughed. Except
for physical and psychological examinations, no other testing shall
be required for a furloughed employee.
(2)
If no furlough list exists or if positions remain to be filled after
all 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:
(a)
The appointing authority of the Borough of Lansdale shall notify
the Commission of any vacancy which is to be filled and shall request
the certification of three names from the list of eligibles.
(b)
If three names are not available, then the Commission shall
certify the name(s) remaining on the list.
(c)
The Borough of Lansdale shall make an appointment from one of
the three names certified with reference to the merits and fitness
of the candidates. However, for initial appointment to the position
of police officer, when one of the three applicants on the certified
list is a veteran, that applicant shall be selected.
(3)
The Borough of Lansdale may object to one or more of the persons certified for the reasons set forth in § 22-4G of these rules and regulations. If the candidate to whom the Borough of Lansdale objects fails to timely exercise his rights of appeal under § 22-41 or if the Commission declines to uphold his appeal, the Commission shall strike the name of that candidate from the eligible list and certify the next highest name for inclusion on the list of three candidates for each name stricken off.
(4)
In addition to the other reasons stated as grounds for removal in
these rules and regulations, the name of any other person appearing
on a furlough list or an eligible list shall be removed by the Commission
if such person:
(a)
Is appointed to the Police Department;
(b)
Declines an appointment to a permanent position in the Police
Department;
(c)
Fails to make written reply to the Commission within 30 calendar
days from the date of mailing of a notice of certification;
(d)
Indicates availability for appointment and is appointed to fill
a vacancy, but fails to report for duty at the time prescribed, unless,
in the opinion of Borough Council, such person can show good and sufficient
reasons for failure to report; or
(e)
Fails to accept or fulfill the requirements of conditional offer
of employment.
C.
Appointment of Chief of Police.
(1)
In the case of a vacancy in the office of Chief of Police, the appointing authority has full discretion in selecting the individual to fill the position of Chief of Police. If the appointing authority requests the Commission to subject that person to noncompetitive examination and if that person successfully passes the noncompetitive examination, then the Commission shall notify the appointing authority of the results of the examination and that person may only be removed from the position of Chief of Police for the reasons set forth in § 22-7A.
(2)
Pending the appointment of a new Chief of Police, the Borough Council
may designate a current member of the Police Department to be "Acting
Chief of Police." Such designation shall not be considered a promotion
of the person so designated, and if the person so designated is not
appointed Chief of Police, the failure to name the person Chief of
Police shall not be construed to be a reduction in rank. Designation
of a person to act as Acting Chief of Police shall expire upon the
appointment of a new Chief of Police or upon appropriate action of
the Borough Council, whichever occurs sooner.
D.
Medical and psychological examinations.
(1)
After the appointing authority selects and appoints a candidate from the certified list of three for appointment to the vacant position, that candidate shall submit to a medical examination and a psychological examination by the examiners appointed by the Commission pursuant to § 22-5C hereof. Results of the medical and psychological examination shall be reported to the Commission on a pass/fail basis only. Failure to pass either of these shall be deemed to constitute a failed condition of the conditional offer of employment and the offer shall be withdrawn and the applicant rejected. The rejected candidate may appeal this decision under § 22-41.
E.
Probationary period. Every successful applicant to the position of police officer or a new promotional position with the Police Department shall serve a twelve-month probationary period. For newly hired police officers, the one-year probationary period may not commence until after the officer has completed training under 53 Pa.C.S.A. § 2161 et seq. During the probationary period, a newly hired officer shall complete the field training program and shall be subject to random drug and alcohol testing. During the probationary period, a newly hired officer may only be dismissed for cause for the reasons set forth in § 22-7A. A promoted officer, during his probationary period, may be returned to his prior rank only for cause for the reasons set forth in § 22-7A. However, at the end of the twelve-month probationary period, if the conduct of the probationer has not been satisfactory to the Borough Council, the probationer shall be notified, in writing, that he will not receive a permanent appointment. At that time, a newly hired officer's employment shall end, and a promoted officer shall return to his previous rank. Any officer who is not informed in writing that his performance has been unsatisfactory shall receive a permanent appointment to his position. Any probationer who is notified in writing that he will not receive a permanent appointment has no rights of appeal under these rules and regulations.
F.
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 eligible list for such appointment, the
Borough Council may nominate a person to the Commission for noncompetitive
examination, and such nominee may be certified by the Commission as
qualified after such noncompetitive examination and he may be appointed
provisionally to fill such 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 then a regular appointment shall
then be made from the name or names submitted by the Commission, provided
that nothing within this subsection shall prevent the appointment,
without examination, of persons temporarily as police officers in
cases of not or other emergency, nor the appointment of part- time
police officers.
A.
Grounds for disciplinary action.
(1)
No person appointed to a position in the Police Department pursuant
to these rules and regulations may be suspended without pay or removed
and no person promoted in rank pursuant to these rules and regulations
may be reduced in rank except for the following reasons:
(a)
Physical or mental disability affecting the officer's ability
to continue in service, in which case the officer shall receive an
honorable discharge from service;
(b)
Neglect or violation of any official duty;
(c)
Violation of any law of this commonwealth which provides that
such violation constitutes a misdemeanor or felony;
(d)
Inefficiency, neglect, intemperance, disobedience of orders
or conduct unbecoming an officer;
(e)
Intoxication while on duty; or
(f)
Engaging or participating in conducting of any political or
election campaign other than the officer's exercise of his own right
of suffrage.
(2)
A statement of any charges made against any officer so employed shall
be furnished to the officer within five days after those charges have
been adopted by the Borough Council or accepted by the Mayor.
B.
Furloughs.
(1)
If for reasons of economy or other reasons it shall be deemed necessary
by the Borough of Lansdale to reduce the number of full-time police
officers in the Department, then the Borough of Lansdale shall apply
the following procedure:
(a)
If there are any employees qualifying for retirement under the
terms of any retirement or pension law, then such reductions in numbers
shall be made by retirement of such employees starting with the oldest
employee and following in order of age respectively.
(b)
If the number of full-time police officers eligible for retirement
is insufficient to effect the necessary reductions in numbers or if
there are no persons qualifying for retirement or if no retirement
or pension fund exists, then the reductions shall be effected by furloughing
the person or persons, including probationers, last appointed to the
respective force.
(2)
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 that the appointing authority
decides to increase the Police Department, the furloughed officers
shall be reinstated in order of their seniority in the Department
if the furloughed officer accepts reinstatement, in writing, within
30 days of receiving notice of the opening. These reduction-in-force
provisions are not applicable to the Chief of Police.
C.
Notice of suspension, removal or reduction in rank.
(1)
Whenever an officer is suspended, removed or reduced in rank, the specific charges warranting such action shall be stated in writing by the Borough Council or by the Mayor in cases of a suspension of five days or less. The charges shall be clearly stated and in sufficient detail to enable the officer to understand the charges against him and to allow the officer an opportunity to respond to those charges. The charges shall specify the subsection of Subsection A which provides the basis for the disciplinary action as well as an explanation of the factual circumstances upon which the appointing authority or Mayor relied in finding a violation of Subsection A.
(2)
Within five days after the Borough Council has voted to impose the disciplinary action or the Mayor has elected to impose a suspension of five days or less, a written statement of the charges shall be delivered to the officer either by personal service or by certified or registered mail. In addition, the charges shall notify the officer of his appeal rights under Subsection D of these rules and regulations. A copy of the statement of charges shall also be served upon the members of the Commission.
D.
Hearings on suspension, removals and reductions in rank.
(1)
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, at One Vine Street, Lansdale, PA 19446, 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 against him 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.
(2)
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 any such hearing, the officer against whom the charges
have been made may be present and represented by counsel, may call
witnesses and may present testimony and documentation on his behalf.
The Borough of Lansdale may also be represented by counsel, call witnesses
and present evidence as is necessary to support the charges. The stenographic
record of all testimony shall be taken at every hearing and preserved
by the Commission. In the event that the charges are dismissed, the
record shall be sealed and not be available for public inspection.
(3)
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 or the Mayor unless it finds that the penalty imposed
was arbitrary, discriminatory or an abuse of the Borough Council's
or Mayor's discretion. In considering the appropriateness of the discipline,
the Commission shall not substitute its judgment for that of the Borough
Council or Mayor. 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.
E.
Hearing procedure.
(1)
All testimony shall be given under oath administered by the Chairperson or, in his absence, the Vice Chairperson. The Commission shall have power to issue subpoenas as set forth in § 22-3K. The hearing shall be open to the public unless, prior to the commencement of the hearing, a written or oral request to close the hearing is made by either the charged officer or the Borough of Lansdale.
(2)
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 from 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 reduced in rank shall be reinstated with full pay for the
period of the suspension, removal or reduction in rank, and no charges
related to the suspension, removal or reduction in rank shall be officially
recorded against his record.
A.
Inspection in general. Except as otherwise provided in this section,
all the records of the Commission shall be open to the public and
available for inspection during normal business hours. A member of
the Commission or any person who may, from time to time, be designated
by the Commission shall always be present during inspection of any
records of the Commission.
B.
Character and reputation reports. The initial application and all
reports of investigations and inquiries into the character and reputation
of applicants shall be kept in the strictest confidence and shall
not be open to public inspection.
C.
Inspection of examination materials.
(1)
All examinations' materials shall be confidential and shall not be
open to general public inspection. Any examined applicant may inspect
his written examination papers, provided that:
(a)
He makes a written request to the Commission within seven calendar
days from the date of the mailing notice of his grade.
(b)
He receives the written consent of the Commission to inspect
his examination papers.
(c)
He makes inspection within five calendar days from the date
of the mailing of the consent of the Commission.
(2)
The Commission shall not consent to the request of any examined applicant
to inspect any written examination which may be used in subsequent
written examination to be scheduled within 90 calendar days following
the date of receipt of the written request.
(3)
If the Commission consents to an inspection of any of the written
examination papers by any previously examined applicant, it shall
state in its letter of consent the specific examination papers that
may be inspected. Before any member of the Commission or any person
designated by the Commission permits any inspection of examination
papers, he shall require the examined applicant to produce the letter
indicating the consent of the Commission and he shall limit the inspection
by the examined applicant to only those examination papers indicated
in the letter of consent. No examined applicant shall be permitted
to inspect any examination papers other than his own, nor shall be
permitted to make any notes or copies of any kind.
A.
Forms. The following numbered forms and their titles are the official
forms of the Commission and, by reference, part of the rules and regulations
of the Commission.
(1)
The application form.
(2)
Acknowledgment of review of essential duties of a police officer.
(3)
Public notice of examination.
(4)
Notification procedure release.
(5)
Notice of written examination.
(6)
Notice of ineligibility after written examination.
(7)
Notice of successful results for written examination and notice of
oral examination.
(8)
Notice of ineligibility after oral examination.
(9)
Notice of successful result for oral examination.
(10)
Notice of failing of polygraph examination.
(11)
Notice of passing polygraph examination.
(12)
Notice of passing background investigation.
(13)
Notice of failure of background investigation.
(14)
Report of medical examiner.
(15)
Notice of medical examination.
(16)
Notice of passing medical examination.
(17)
Notice of failure of medical examination.
(18)
Report of psychological examiner.
(19)
Notice of passing psychological examination.
(20)
Notice of failure of psychological examination.
A.
The following are considered essential job functions and personal
characteristics required of an applicant for the position of police
officer:
(1)
Effect an arrest, forcibly if necessary, using handcuffs and other
restraints; subdue resisting suspects using maneuvers and weapons
and resort to the use of hands and feet and other approved weapons
in self-defense.
(2)
Prepare investigative reports, including sketches, using appropriate
grammar, symbols and mathematical computations in a clear and concise
manner.
(3)
Exercise independent judgment in determining when there is reasonable
suspicion to detain, when probable cause exists to search and arrest,
and when force may be used and to what degree.
(4)
Operate a law enforcement vehicle during both the day and night,
in emergency situations involving speeds in excess of posted limits,
in congested traffic and in unsafe road conditions caused by factors
such as fog, smoke, rain, ice and snow for long periods of time.
(5)
Communicate effectively and coherently over law enforcement radio
channels while initiating and responding to radio communications.
(6)
Gather information in criminal investigations by interviewing and
obtaining the statements of victims, witnesses, suspects and confidential
informants, including communicating with individuals suffering from
trauma.
(7)
Withstand frequent exposure to stress-producing situations, such
as encountering persons injured or killed by accidents, crimes or
suicide.
(8)
Pursue fleeing suspects and perform rescue operations which may involve
quickly entering and exiting a law enforcement patrol vehicle; lifting,
carrying and dragging heavy objects; climbing over and pulling up
oneself over obstacles; jumping down from elevated surfaces; pushing
motor vehicles; climbing through openings; jumping over obstacles,
ditches and streams; crawling in confined areas; balancing on uneven
narrow surfaces and using body force to gain entrance through barriers.
(9)
Load, unload, aim and fire from a variety of body positions handguns,
shotguns and other agency firearms under conditions of stress that
justify the use of deadly force and at levels of proficiency prescribed
in certification standards.
(10)
Perform searches of people, vehicles, buildings and large outdoor
areas which may involve feeling and detecting objects, walking for
long periods of time, detaining people and stopping suspicious vehicles
and persons.
(11)
Conduct visual and audio surveillance for extended periods of
time.
(12)
Engage in law enforcement patrol functions that include such
things as working rotating shifts, walking on foot patrol and physically
checking the doors and windows of buildings to ensure they are secure
and withstanding prolonged exposure (as long as eight hours) to extreme
weather conditions.
(13)
Effectively communicate with people, including juveniles, by
giving information and directions, mediating disputes and advising
of rights and processes.
(14)
Demonstrate communication skills in court and other formal settings.
(15)
Detect and collect evidence and substances that provide the
basis of criminal offenses and infractions and that indicate the presence
of dangerous conditions.
(16)
Endure verbal and mental abuse when confronted with the hostile
views and opinions of suspects and other people encountered in an
antagonistic environment, including domestic disputes, when dealing
with verbal and physical abuse of the officer, including taunts, insults
and threats to the officer, family members or fellow officers.
(17)
Perform rescue functions at accidents, emergencies and disasters,
to include directing traffic for long periods of time, administering
emergency medical aid, lifting, dragging and carrying people away
from dangerous situations and securing and evacuating people from
particular areas.
(18)
Process and transport prisoners and committed mental patients
using handcuffs and other appropriate restraints.
(19)
Put on and operate a gas mask in situations where chemical munitions
are being deployed.
(20)
Extinguish small fires by using extinguishers and other appropriate
means.
(21)
Read and comprehend legal and nonlegal documents, including
the preparation and processing of such documents as citations, affidavits
and warrants.
(22)
Process arrested suspects, to include taking their photographs
and obtaining a legible set of inked fingerprint impressions.
B.
The successful applicant must be able to perform all essential job
functions of an inexperienced police officer, unassisted and at a
pace and level of performance consistent with the actual job performance
requirements. This requires a high level of physical agility to include
vision, hearing, speaking, flexibility and strength.
C.
Since police officers are required to enforce the law and they are
exposed to certain temptations to show favoritism, corruption or unlawful
monetary gain, it is a business necessity that officers exhibit a
history and characteristics of honesty, reliability, ability to manage
personal finances, interpersonal skill and integrity.
D.
Police officers are frequently placed in a position of physical and
mental stress. Therefore, a history of mental or physical disability
may be grounds for denying employment or these factors might be a
consideration in the hiring process. Applicants posing a substantial
risk of injury to themselves, other officers and the public are at
a substantial disadvantage in the hiring process.
