Township of Whitehall, PA Article XVI Appointment and Removal Procedures for All Board, Commission and Committee Members

[Adopted 11-13-1979 by Ord. No. 1323]

§ 1-98 Procedures for Board appointments to all Boards, Commissions and Committees.

[Amended 6-8-2009 by Ord. No. 2775]

All persons appointed to any board, commission or committee established by the Board of Commissioners shall be appointed by majority vote of the total current membership of the Board of Commissioners by a Board motion, not by ordinance or resolution with the exception of the Zoning Hearing Board and the Building Code Board of Appeals.

§ 1-99 Procedures for suspension or removal of Board, Commission and Committee members.

[Amended 3-13-1994 by Ord. No. 1872]

A. Any member of a Board, Commission or Committee established under authority of the statutes of the Commonwealth, the Home Rule Charter or other ordinance of Whitehall Township may be removed from their position only for malfeasance, misfeasance or nonfeasance in office or for other just cause. Such removal shall be by majority vote of the total membership of the Board of Commissioners. Such motion may be presented to the Board of Commissioners only after the member and all Commissioners have received 15 days advance notice of the intent to take such vote and has had the opportunity to request a hearing in front of the Board of Commissioners. Procedures for a hearing shall be in conformity with 2 P.S. § 101 et seq. The member who is subject to removal may make a request to the Board of Commissioners for a hearing in writing within 10 calendar days of the date when the party knew or should have known that the motion for removal had been submitted for consideration by the Board of Commissioners. If a hearing is requested, any vote on removal shall be postponed until the applicant has had an opportunity for a hearing.

B. Procedures for hearings.

(1) Hearings for members of Boards, Commissions and Committees shall be conducted in the following manner:

(a) Each hearing shall be open to the public unless a closed hearing is requested by the member subject to removal.

(b) All testimony presented at the hearing shall be given under oath. Oaths may be administered by a court reporter engaged to record the hearing testimony or the Chairperson, or in his or her absence, the Vice-Chairperson shall have the power to administer oaths.

(c) The President or Vice President of the Board of Commissioners shall state the general purpose of the hearing and have the Secretary read the allegations, charges or statement for which the member is being removed, together with the record of any other action taken against such member. In addition, the Secretary shall read any written reply or response received from the member subject to removal.

(d) The Chairperson shall afford each person making charges, or his or her counsel, an opportunity to make further statements in support of such allegations of cause, charge or example of misfeasance, malfeasance or nonfeasance. Any party shall have the opportunity to produce witnesses, with the proponent of removal advancing first with the burden of proof by a preponderance of the evidence and the member subject to removal shall go last.

(e) The Chairperson shall afford the member to be removed, or his or her counsel, an opportunity to question or cross-examine any persons or parties making allegations, and shall also afford the opportunity to question or cross-examine any witnesses produced by such person.

(f) The Chairperson shall afford each person making charges an opportunity to produce any witnesses and to cross-examine any witnesses produced by the member subject to removal.

(g) The Board of Commissioners shall determine the admissibility of any evidence and procedures and shall not be bound by technical rules of evidence.

(h) A stenographic transcript of the proceedings shall be kept and filed in the archives of the Board of Commissioners, together with any and all documents, exhibits or records pertinent to the case. The records shall be retained or disposed of in accordance with the Township's record retention ordinance and schedule.

(i) At any time during the course of the hearing, the Board of Commissioners may question or cross-examine the person making charges, the accused and any witness.

(j) Within 20 calendar days after the hearing, the Board of Commissioners shall issue a decision in the form of a written order. This written decision shall be forwarded to the member subject to removal. Following the hearing, the Board of Commissioners may then take action on a motion to suspend or remove the member.

(k) Decisions of the Board of Commissioners may be appealed to the Lehigh County Court of Common Pleas.

C. Grounds for "just cause" removal.

(1) For "just cause" removal shall include, but not be limited to:

(a) Nonattendance at three consecutive regular meetings of the group or more than 1/2 of the total number of regular meetings during calendar year without acceptable excuse.

(b) Conviction of a crime of the third degree or above, a crime involving moral turpitude or a crime involving the office of the member.

(c) Moving domicile to a location other than Whitehall Township.

(d) Such other cause as the Board of Commissioners might deem appropriate, so long as the conduct of the person would make him or her unfit to continue to hold public office.

(2) This procedure shall prevail over any other policy or ordinance to the contrary and shall further apply to positions created by state statute unless this procedure is deemed to be specifically preempted by state statute by a court of competent jurisdiction.

(3) This provision shall apply only to appointed uncompensated offices and shall not be construed to apply to any employee or independent contractor of the Township, whether or not covered by a collective bargaining agreement, civil service or otherwise.