Presenter
Presented by Mr. Deasy
Title
Ordinance Supplementing the Pittsburgh Code, Title 1 - Administrative. Article XI - Personnel, by adding a new Chapter 185, entitled "Additional Authorization for Employment in the Bureau of Police" providing for procedures for the appointment as probationers of certain police officers currently employed by the Housing Authority of the City of Pittsburgh.
BODY
BE IT RESOLVELD THAT THE COUNCIL OF THE CITY OF PITTSBURGH HEREBY ENACTS AS FOLLOWS:
Whereas, the Housing Authority of the City of Pittsburgh ("HACP") has suffered significant reductions in operating grant money received from the federal government; and
Whereas, HACP has determined that its police department will not continue to be viable in the long term and will ultimately close its police department and discontinue all police operations; and
Whereas, HACP currently employs approximately 30 officers certified by the Commonwealth, some of whom have expressed an interest in entry level positions as probationers with the Pittsburgh Bureau of Police ("the Bureau"); and
Whereas, the Bureau will be called on following the dissolution of the HACP police department to fill the void in services to HACP residents;
Whereas, current HACP police officers routinely work in cooperation with the Bureau and have acquired first-hand experience and knowledge of law enforcement in the City of Pittsburgh; and
Whereas, the Bureau is recruiting new officers and desires to consider applications from interested HACP officers without regard to Section 14 of the General Civil Service Statute; and
Whereas, Fraternal Order of Police, Fort Pitt Lodge No. 1 v. City of Pittsburgh, 644 A.2d 246 (Pa. Cmwlth. 1994), and other decided case law permit the City, under its Home Rule authority, to deviate, by Ordinance, from the General Civil Service Statute.
The Pittsburgh Code of Ordinances, Title One, Article XI - Personnel is hereby amended to provide for a new Chapter 185 as follows:
§ 185.01 - Authorization to fill without competition.
(a) Provided a current HACP officer submits (1) an Application, and (2) a Letter of Interest requesting one-time only consideration under this Ordinance, to the Bureau prior to March 31, 2007, that candidate for an entry level position in the competitive class in the Bureau may be considered without regard to Section 14 of the General Civil Service Statute.
(b) The qualifications that a current HACP officer must meet in order to be certified for possible appointment to the Bureau based on his/her application submitted prior to the above-referenced date shall be established by the Civil Service Commission of the City of Pittsburgh.
(c) This Chapter authorizes filling entry level positions in the Bureau without competition regardless of whether or not a current competitive eligibility list for police officers is in existence. This provision shall be in addition to the provision of Section 15 of the General Civil Service Statute which authorizes hiring in the competitive class without competition.
§ 185.02 - Qualifications
The established qualifications set by the Civil Service Commission pursuant to this Chapter are as follows:
Current certification as required by the Municipal Police Officers' Education and Training Act ("Act 120"), 52 Pa.C.S. §§ 2161-2171.
Background Investigations, including polygraph, will be completed on all candidates by the Office of Municipal Investigations ("OMI"). Background Investigations will be submitted to the appointing officer for selection purposes.
Candidates hired by HACP prior to 1999 will be grandfathered with regard to the City's 60 college semester hour credit requirement. Candidates hired by HACP after 1999 will be required to show the completion of 60 college semester hour credits.
A candidate must become a bona fide resident of the City prior to the official start date of employment, and City residency must be maintained for the entire period of employment.
§ 185.02 03 - Selection
Upon receipt of a certified list created under this Chapter, the appointing officer may fill any number of vacancies in the certified positions by selection from among the certified applicants on the list. Applicants shall be ranked in order of their HACP seniority date. The appointing officer shall have complete discretion in selecting individuals for hire. The appointing officer may rely upon the Background Investigation of the applicant including prior employment, relevant education, prior experience and character, with consideration given to the specific requirements of the Bureau of Police. The appointing officer may also rely on other relevant information or examination data which the Civil Service Commission may supply. The names of candidates not selected by the appointing officer will be stricken from the list. Candidates not selected will have no right of appeal.
§ 185.04 - Offers of Employment
Candidates selected by the appointing officer will receive conditional offers of employment. In order to receive a final offer of employment, a candidate who receives a conditional offer must, within a time period specified by the Bureau and the Civil Service Commission,
take and pass a required medical examination. Failure to do so within the specified time period will be considered a rejection of the offer.
§ 185.03 05 - Probation
For HACP officers who are hired by the Bureau under this Chapter, an official probationary period shall be deemed to exist during the training program required by the Bureau, and continuing throughout the one year period commencing upon successful completion of that training program. If at any time during the probationary period the conduct or capacity of the probationer is not satisfactory to the appointing officer, the probationer shall be notified, in writing, that he/she will not receive absolute appointment, whereupon his/her employment shall immediately cease, without a right of appeal. Otherwise, his/her retention in the Bureau shall be equivalent to appointment.