[HISTORY: Adopted by the Borough Council of the Borough of Derry 1-30-1990 by Ord. No. 588 (Ch. I, Part 3, Subpart F, of the 1975 Code of Ordinances). Amendments noted where applicable.]
A. 
There is hereby officially established an Adjudicatory Board, which said Board shall be comprised of three citizens and residents of the Borough of Derry, said citizens and residents to be appointed by the Borough Council for three-year terms, but with the first appointments to be staggered on the basis of one, two and three years and thereafter, for three-year terms.
B. 
In the event of a vacancy on the Adjudicatory Board occurring during the term of a member, Borough Council shall appoint an interim Adjudicatory Board member who shall serve the remainder of the term of the member whose position on the Adjudicatory Board has been vacated.
C. 
Any member of the Adjudicatory Board may recommend to Borough Council that either he or she or another member of the Adjudicatory Board be replaced for lack of due diligence in attending Adjudicatory Board meetings and/or hearings and when Borough Council receives such a request; Council will act appropriately upon the request as indicated following an investigation into the same.
The Adjudicatory Board is hereby established for the purpose of hearing any and all police and police-related matters which would otherwise be heard and processed by Borough Council, but with the understanding that said matter shall be on a case-by-case basis and shall be specifically referred by Borough Council to said Adjudicatory Board, which said Board will then function and operate exactly as would Borough Council in like and similar situations; however, in no situation whatsoever shall the Adjudicatory Board function with reference to civil service matters under the direction and control of the Civil Service and as provided for in the Borough Code at 53 P.S. §§ 46172 through 46195.
The Borough Secretary, or the designee of the Borough Secretary, shall act as Secretary to the Adjudicatory Board, and the Secretary shall file a detailed record of all proceedings in the official Borough of Derry file for the Adjudicatory Board.
The Adjudicatory Board shall hold meetings when and as required, keep minutes, and pursuant to notice, shall conduct hearings, compel the attendance of witnesses, take testimony under oath, and render a decision in writing. The Adjudicatory Board shall have the functions, powers and duties which would and could be exercised by Borough Council, and these functions, powers and duties are specifically granted unto the Adjudicatory Board by the Borough Council for the purpose of removing as directed by Borough Council certain police and police-related matters from Borough Council to the Adjudicatory Board for a neutral proceeding or proceedings and hearings as required and render a decision.
When a matter involving the police or police-related item is referred by Borough Council to the Adjudicatory Board, the Chairperson of the Adjudicatory Board shall meet within 30 days in order to determine procedures to be followed in order that a decision may be made by the Adjudicatory Board.
All meetings and hearings of the Adjudicatory Board shall be public, except should the appellant request that the same be closed, which is solely at the discretion of the appellant, and the appellant, the appellant's representative, and any other person whose interest may be materially affected by the matter being heard, shall be given an opportunity to be heard; however, the Adjudicatory Board may prohibit repetitive testimony at the sole discretion of the Adjudicatory Board.
The Adjudicatory Board shall adopt and make available to the public, through the Secretary, procedures under which a hearing or hearings will be conducted. The procedures shall not require compliance with strict rules of evidence but shall mandate that only relevant information be received. In general, the due process procedure shall reflect the standards required of hearings conducted under the Pennsylvania Local Agency Act.
When less than two members of the Adjudicatory Board are present to hear a matter, the hearing shall be postponed and a new hearing shall be held within five days. No member of the Adjudicatory Board may participate in making a decision unless the member has been present during the entire hearing or, alternatively, has reviewed a transcript of those portions of the proceedings at which the member was not present.
The Adjudicatory Board shall make a decision in writing by a concurring vote of not less than two members of the Adjudicatory Board within 15 days from the close of the hearing or the receipt of the transcript, whichever is later.
When the Adjudicatory Board renders a decision, copies of same shall be mailed or hand-delivered to the President of Council, to the Borough Secretary, to the appellant and to the appellant's representative or attorney, to the Borough Solicitor and to such others who have officially requested same and the request has been approved by the Adjudicatory Board or to such others as the Adjudicatory Board Chairperson deems appropriate, and the same shall be accomplished within five days of the decision being reduced to written form and signed by the members of the Adjudicatory Board.
[Added 5-16-1990 by Ord. No. 591]
There is hereby officially established three alternate member positions to the Adjudicatory Board, with the alternates being designated as follows: first, second and third.
[Added 5-16-1990 by Ord. No. 591]
The aforesaid three alternate positions hereby officially established and individuals appointed to fulfill said positions shall serve at the pleasure of the Council of the Borough of Derry until such time as their respective successors have been chosen and duly appointed.