The Chief Executive, with the consent of a majority of the seated members of County Council, shall, within 30 days of the adoption of this Administrative Code, and thereafter, within 30 days of the first organizational meeting of the new County Government, appoint from the registered voters a Personnel Board composed of five members. Not more than three members shall be of the same political party. At least one member shall be experienced in labor.
A. 
No member of the Personnel Board shall, at the same time, be an employee of Allegheny County, an officer or agent of any bargaining agency representing employees of the County, or hold an elected or appointed office under the United States Government, the Commonwealth of Pennsylvania, or any political subdivision of the Commonwealth.
B. 
No member of the Personnel Board shall hold an office in a political party, or be a family member of any official or employee of Allegheny County. Family members shall be defined as a spouse, child, brother, sister or parent.
A. 
Each appointment to the Board shall be for a period of three years; provided, however, that any member of the Board whose appointed term has expired shall continue to hold office until such time as his successor is duly appointed by the Chief Executive and approved by County Council. In making appointments to the first Board under these provisions, the Chief Executive shall designate two members to serve for a term of three years and three members to serve a term of two years. Thereafter, all succeeding appointments to the Board shall be for a period of three years, except where a member whom the new appointee is replacing has held over in office beyond the three-year term provided above. Where a member has held over in office, the new appointee shall serve a term of three years less the length of the time that the former Board member held over in office.
[Amended 5-3-2005 by Ord. No. 23-05]
B. 
No individual shall be eligible to serve on the Personnel Board for more than six consecutive years. An individual who has served on the Personnel Board shall be eligible to serve again after two years from the end of the individual's last term as a member.
The Oath to be taken by any person appointed to the Personnel Board shall be as follows:
I_____________(name), do solemnly swear (or affirm) that I will faithfully execute the duties of this office and to the best of my ability preserve, protect, defend and obey the Constitution of the United States of America and the Constitution and the laws of the Commonwealth of Pennsylvania and the Allegheny County Home Rule Charter.
Members of the Personnel Board shall receive no compensation except that they shall be reimbursed for travel and other expenses incurred in the course of Board business.
In the case of a permanent vacancy on the Board caused by death, illness, physical incapacity, removal or resignation, the Chief Executive, with the consent of a majority of the seated members of County Council, shall appoint a successor to serve the balance of the unexpired term. Such replacements shall be appointed within 45 days after County Council receives the recommendation from the Chief Executive.
A member of the Personnel Board may be removed by the Chief Executive only for cause. The Chief Executive shall notify the member, in writing, of the causes for removal, and the member shall have seven days after receipt of such notification to provide a written response. After such response, the Chief Executive may proceed to remove the member.
The Personnel Board first appointed shall organize within 10 days of its appointment and shall elect one of its members as chairperson and one as secretary. The Board shall thereafter meet and organize on the first business day of January of each year. Meetings of the Board shall be held at the call of the chairperson, or upon the petition of two members of the Board. The secretary of the Board shall give each member at least 24 hours notice of every meeting of the Board. Three members of the Board shall constitute a quorum, and no Board action shall occur except in the presence of a quorum.
The County Manager shall furnish to the Personnel Board, on its requisition, such clerical assistance and supplies as may be deemed reasonable for the work of the Board. The County Manager shall designate suitable office space for the use of the Board.
The secretary of the Personnel Board shall keep minutes of the Board's proceedings and records of other official actions, including hearing transcripts. Such records shall be kept and preserved in accordance with applicable law.
A. 
Any employee who has successfully completed his/her probationary period in the Career Service who has been discharged, suspended without pay, or demoted to a position with a lower wage or salary shall have the right to appeal such action within seven days to the Personnel Board, except however, that performance appraisals cannot be grieved or appealed.
B. 
The Personnel Board shall meet as soon as is conveniently possible for all parties and their counsel to hear and render a decision on every appeal properly brought before it to determine whether the action taken against the employee was legally proper and supported by substantial evidence as that term is used in proceedings under the Local Agency Law. At the discretion of the Board, the hearings may be conducted by the Board or the Board may appoint any member as a hearing officer who shall take testimony, receive evidence and make a recommendation to the Board concerning the disposition of the appeal. If an appeal is heard by a hearing officer, the Board shall meet as soon as is conveniently possible after the hearing to review the testimony, evidence and recommendation of the hearing officer and to render a decision on the appeal in accordance with § 5-1005.13. All parties shall have the right of further appeal as provided by applicable law.
[Amended 5-3-2005 by Ord. No. 23-05]
C. 
Where collective bargaining contracts have provisions governing such appeals as are covered in this section, the contract provisions shall govern and shall be the exclusive remedy for employees covered by those agreements.
A. 
The first Personnel Board established under this Article shall, within 90 days of its organization, set forth the rules and procedures which shall govern appeals. Among other things, such rules and procedures shall provide for:
(1) 
The manner in which a request for a hearing is to be filed with the Board, including the time frame from the filing of charges to the granting of a hearing by the Board;
(2) 
Circumstances under which the hearing before the Board may be closed to the public and the transcript sealed;
(3) 
Due process;
(4) 
Procedures governing reinstatement upon acquittal; and
(5) 
Procedures for conducting hearings.
B. 
Before adoption, the Personnel Board shall submit its rules and procedures, and any revisions or amendments thereto, to the County Solicitor for review and comment within 60 days.
A. 
The Personnel Board may sustain the charges, reduce the length of suspension or dismiss the charges.
B. 
The Personnel Board shall render its decision, in writing, within 45 days of the receipt of the hearing transcript, unless this time limit is waived by all parties.
[Amended 5-3-2005 by Ord. No. 23-05]
A. 
The Personnel Board shall have the power to make investigations on all matters touching the administration and fulfillment of its powers and duties. The chair of the Board shall have the power to administer oaths and affirmations in connection with such investigations.
B. 
The Board shall have the power to issue subpoenas over the signature of a Board Member to require the attendance of the witnesses, and the production of records and papers pertaining to any investigation or inquiry.
C. 
All officers in public service and employees shall attend and testify when required to do so by the Board.
D. 
If any person shall refuse or neglect to obey any subpoena issued by the Board, that subpoena may be enforced by petition to the Court of Common Pleas of Allegheny County.