[Ord. 311-76, 5/17/1976, § 1]
This Part shall be known and may be cited as the "East Pennsboro
Township Accident Review Board Ordinance."
[Ord. 311-76, 5/17/1976, § 2]
There is hereby created and established in the Township of East
Pennsboro, Cumberland County, Pennsylvania, an Accident Review Board,
which shall consist of five members appointed by the Board of Commissioners.
[Ord. 311-76, 5/17/1976, § 3]
The members of the Accident Review Board shall consist of two
members of the Board of Commissioners, a member of the Police Department,
a member of the Highway Department, and a taxpayer residing in East
Pennsboro Township. The member of the Police Department and the members
of the Highway Department shall be changed after each session and
a new member appointed. Except as hereinbefore provided, the members
of the Board shall serve for three years or until their successors
are appointed, except that members of such Board first appointed shall
be appointed for such terms that the terms of not more than one member
shall expire annually thereafter. Members of such Board shall serve
without pay. All persons so appointed shall serve their full terms
unless they shall voluntarily resign or be removed by the Board of
Commissioners for malfeasance or nonfeasance of duty. Vacancies on
such Board, occurring otherwise than by expiration of term, shall
be filled for the unexpired term in the same manner as original appointments.
[Ord. 311-76, 5/17/1976, § 4]
1.
The Accident Review Board shall have the following powers:
A.
To review all reports of accidents involving employees of East Pennsboro
Township.
B.
To conduct hearings and make decisions in accordance with the following
requirements:
(1)
Each employee of East Pennsboro Township shall report all accidents
within three days thereafter regardless of whether there has been
any damage to person or property in the form prescribed by the Board
of Commissioners.
(2)
The Township Manager shall within three days after receipt of
an accident report forward a copy of such report to each member of
the Board of Commissioners and to each member of the Accident Review
Board.
(3)
Whenever any employee of East Pennsboro Township is involved
in any accident where a vehicle owned by the Township of East Pennsboro
is involved, said employee shall immediately call for the police who
shall make a complete investigation, including a complete set of photographs
of all damage to all affected persons or property. When a member of
the Police Department is involved, he shall not investigate his own
accident but shall call in another police officer to make the investigation.
(4)
Within 15 days after receipt of an accident report, the chairman
of the Accident Review Board shall schedule a hearing. The hearing
shall be held within 30 days after the date of the accident.
(5)
Written notice of the time and place of the hearing shall be
given to the employee of the Township at least 10 days before the
hearing.
(6)
The hearing shall be conducted by the members of the Accident
Review Board. The decision, or when no decision is called for, the
findings, shall be made by the Accident Review Board.
(7)
The parties shall have the right to be represented by counsel
and shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
(8)
The Board shall keep a stenographic or tape-recorded record
of the proceedings and a transcript of the proceedings and copies
of graphic or written material received in evidence shall be made
available to any party at cost.
(9)
The Accident Review Board shall render a written decision or,
when no decision is called for, make written findings within 15 days
after the last hearing.
(10)
A copy of the final decision or, when no decision is called
for, of the findings shall be delivered to the employee of the Township
personally or mailed to him not later than the day following its date.
C.
To determine whether or not the employee of East Pennsboro Township
was at fault due to negligence, carelessness or recklessness.
D.
To recommend to the Board of Commissioners disciplinary action, suspension,
or dismissal of an employee when the employee is found at fault due
to negligence, carelessness or recklessness.
E.
Where a police officer is involved, to recommend to the Civil Service
Commission whether such police office should be suspended, removed
or reduced in rank.
[Ord. 311-76, 5/17/1976, § 5]
Every employee of the Township of East Pennsboro shall report
on the form prescribed by the Board of Commissioners all accidents
regardless of whether or not there has been injury to person or damage
to property. Failure of any employee of the Township of East Pennsboro
to report any such accident may result in disciplinary action, suspension
or dismissal.
[Ord. 311-76, 5/17/1976, § 6]
The members of the Accident Review Board shall elect their own
chairman, who shall be one of the members of the Board of Commissioners,
and a secretary, and select all other necessary officers, to serve
for a period of one year.
[Ord. 311-76, 5/17/1976, § 7]
The Accident Review Board shall submit an annual report to the
regular December meeting of the Board of Commissioners with respect
to the performance of its duties.
