Borough of Ambridge, PA Administrative Boards and Commissions

These general provisions shall apply only to the extent they are consistent with the law applicable to such board or commission.

Purpose. The administrative boards and commissions specified in this chapter have been or are hereby established for the proper and efficient conduct of municipal affairs. The purpose of these boards and commissions is to perform duties of a continuing nature in specific areas as designated by this chapter or other ordinances of the Borough.

Establishment of administrative boards and commissions; authority.

(1)

The boards and commissions designated in the following subsections of this article have been previously established by ordinance or are established by this chapter. Additional boards or commissions shall, from time to time, be established by ordinance as deemed necessary by Council. However, no additional boards or commissions may be created until Council has determined that the functions of the proposed board or commission cannot feasibly be performed by one or more of the existing boards or commissions.

(2)

Those boards and commissions specified as being administrative boards or commissions in this chapter have been or are hereby established within the requirements of the law and the ordinances of the Borough. Those boards and commissions designated as administrative boards shall have authority only in the specific areas of responsibility granted to such boards or commissions by law, this chapter or by other ordinances of the Borough.

Expenditure of public funds; contracts. No administrative board or commission shall have the authority to spend Borough funds unless provided for in the budget, specifically approved by Council and subsequently approved by the Borough Manager or a member of the administrative staff authorized so to do by the Manager. The Manager shall assign employees of the Borough to serve as liaison to and provide staff services to the boards and commissions. No administrative board or commission shall have the power to enter into contracts of any nature.

Appointment, vacancies, removal and compensation of members.

(1)

Appointment. Council shall appoint the members of administrative boards and commissions. Appointments to fill vacancies shall be only for the unexpired portion of the term.

(2)

Removal. Any member of an administrative board or commission may be removed prior to the expiration of his appointed term by a majority vote of Council or in accordance with law.

(3)

Compensation. No member of any administrative board or commission shall be compensated for his duties.

Indemnification.

(1)

Each member shall be indemnified against expenses, including (attorney's fees), judgments, fines and amounts paid in settlement, actually and reasonably incurred by him in connection with any adverse action by reason of the fact that he is or was a member, if the member acted in good faith and in a manner he reasonably believed to be in the best interests of the Borough and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the member did not act in good faith and in a manner which he reasonably believed to be in the best interests of the Borough and, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.

(2)

To the extent that the member has been successful on the merits or otherwise in defense of any adverse action, he shall be indemnified against expenses (including attorney's fees) actually and reasonably incurred by him in connection therewith as of right. In all other instances, indemnification should be made by the Borough only as authorized in a specific case upon a determination that the indemnification of the member is proper in the circumstances because he has met the applicable standard of conduct set forth above. Such determination shall be made by Council.

(3)

Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the Borough in advance of the final disposition of such action, suit or proceeding as authorized by Council in a specific case upon receipt of an undertaking by or on behalf of the member to repay such an amount unless it shall ultimately be determined that he is entitled to be indemnified by the Borough as provided herein.

(4)

The indemnification provided by this subsection shall not be deemed exclusive of any other rights to which those seeking indemnification may be entitled by any contract or as a matter of law.

(5)

The indemnification shall continue as to such person who has ceased to be a member and shall inure to the benefit of the heirs, executors and administrators of such person.

Officers.

(1)

Chairman and Vice Chairman. A chairman and a vice chairman of each administrative board or commission shall be elected by the members of each board in January of each year. Each such officer shall serve a one-year term.

(2)

Secretary. The members of each administrative board or commission may elect one of their own members or appoint an employee of the Borough (to be designated by the Manager) to act as secretary. The secretary, if elected from the membership, shall serve a one-year term. If an appointed Borough employee, the secretary shall serve at the pleasure of the board or commission.

Duties of officers.

(1)

Chairman and Vice Chairman. The chairman or, in his absence, the vice chairman shall preside at all meetings and hearings of an administrative board or commission, decide all points of order or procedure and perform any other duties required by the law or by the ordinances of the Borough.

(2)

Secretary. The Secretary or his designee shall conduct, at the direction of the administrative board or commission, all official correspondence of the board or commission; shall send out all notices required by law; shall keep a record of each meeting, examination or other official action of the administrative board or commission; and shall perform all other duties required by the board or commission, this chapter, law or the ordinances of the Borough.

Meetings; procedures for meetings.

(1)

All meetings and hearings of administrative boards and commissions shall be open to the public, unless otherwise permitted by law.

(2)

Regular meetings of administrative boards and commissions shall be held on a designated day as established at annual organizational meetings. The first regular meeting in January of each year shall constitute the annual organizational meeting of administrative boards and commissions.

(3)

Special meetings may be held as needed upon the call of the chairman or vice chairman, provided that appropriate notice of each meeting is given to each member and to the public in accordance with the law.

(4)

A quorum shall consist of at least a majority of all members of the board or commission.

(5)

The chairman or, in his absence, the vice chairman shall administer oaths and may compel the attendance of witnesses when required by law, in accordance with the provisions of the law.

(6)

The secretary or his designee shall keep minutes of the administrative board or commission proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact.

(7)

A file of all materials and decisions relating to each case shall be kept by the secretary or his designee as part of the records of each board or commission.

(8)

All records of administrative boards and commissions shall be public records, unless otherwise permitted by law.

(9)

All meetings of administrative boards and commissions shall be conducted in an orderly fashion and in accordance with the rules delineated in Robert's Rules of Order.

Definitions. As used in this section, the following terms have the meaning indicated:

CIVIL SERVICE EMPLOYEE

Any person employed as a full-time police officer in the Police Department and any person employed as a fire apparatus operator in the Fire Department.

CIVIL SERVICE POSITION

Any position as a full-time police officer in the Police Department or any position as a fire apparatus operator in the Fire Department.

FIRE APPARATUS OPERATOR

Any person who operates fire apparatus and devotes his normal working hours to operating any piece of fire apparatus or other services connected with fire protection work, who is paid a stated salary or compensation for such work done by the Borough.

Establishment and purposes. There shall be in and for the Borough a civil service commission, which is hereby established for the following purposes:

(1)

To advise Council in the hiring of all personnel in civil service positions.

(2)

To administer or designate any recognized examining agency to administer examinations to all applicants for civil service positions.

(3)

To enforce the rules and regulations pertaining to the examinations for appointment to a civil service position.

(4)

To hear appeals pertaining to suspensions, dismissals or reductions in rank of any civil service employee.

(5)

To conduct all hearings demanded by a Borough civil service employee who has been suspended, dismissed or reduced in rank.

(6)

To issue decisions pertaining to all hearings demanded by any Borough civil service employee who has been suspended, dismissed or reduced in rank.

(7)

To create and amend as necessary the rules and regulations for the organization and procedure of the Civil Service Commission of the Borough. Such rules and regulations shall be consistent with the ordinances of the Borough, this chapter and the law. Furthermore, such rules and regulations shall be approved by Council.

Membership.

(1)

The Civil Service Commission shall consist of three members, each of whom shall be a full-time resident and qualified elector of the Borough and shall be appointed by Council for a six-year term in accordance with the provisions of the Borough Code.

(2)

Should a vacancy occur, Council shall appoint a member to fill the vacancy only for the unexpired portion of the term. Such appointments shall be made within a period of 30 days after such vacancy occurs.

(3)

Before entering upon the discharge of the duties of his office, each member of the Civil Service Commission shall take an oath or affirmation to perform his official duties with fidelity and to support the Constitution of the United States and the Constitution of the Commonwealth.

Authority; powers and duties. The Civil Service Commission shall have, possess and exercise the powers and shall perform the duties as provided in this chapter, law and the rules and regulations of the Civil Service Board.