The Commission shall consist of three Commissioners who shall be qualified electors of the Borough of West View and shall be appointed by the West View Borough Council initially to serve for terms of two, four, and six years, and as terms thereafter expire shall be appointed for terms of six years.
Any vacancy occurring in the Commission for any reason shall be filled by the West View Borough Council for the unexpired term within the period of 30 days after such vacancy occurs.
Each member of the Commission, before entering upon the discharge of the duties of their office, shall take an oath or affirmation to support the Constitutions of the United States and of the Commonwealth of Pennsylvania and to perform their official duties with fidelity. This oath shall be given by the Mayor or other appropriate official. No Civil Service Commissioner shall receive compensation.
No Commissioner shall at the same time hold an elective or appointed office under the United States Government, the Commonwealth of Pennsylvania or any political subdivision of the commonwealth, except that one member of the Commission may be a member of the West View Borough Council and one may be a member of the teaching profession.
The Commission shall meet and organize on the first Monday of February of each even-numbered year. The Commission shall elect one of its members as the Chairperson, one as the Vice Chairperson and one as the Secretary.
The Chairperson, or in his or her absence, the Vice Chairperson, shall preside at all meetings and hearings of the Commission, decide all points of order or procedure and perform any other duties required by law or these rules. He may be aided in these duties by a solicitor to the Commission. Any such solicitor or legal counsel must have an active license to practice law in Pennsylvania and cannot also function as the Borough Solicitor or be affiliated with the law firm of the Borough Solicitor.
The Secretary shall carry on at the direction of the Commission all official correspondence of the Commission, send out all notices required by law and these rules and regulations, keep a record of each examination or other official action of the Commission, and perform all other duties required by law, by these rules and by the Commission.
Except for the biennial organizational meeting, all nonjudicial meetings of the Commission shall be held either at the call of the Chairperson or at the call of two members of the Commission. Unless all members shall waive the requirement, a minimum of 24 hours' written notice of each meeting shall be given to each Commissioner by the Secretary. Any official actions and any deliberations by a quorum (i.e., at least two members) of the Commission shall take place in a meeting open to the public unless closed pursuant to 65 Pa.C.S.A. § 708.
Two members of the Commission shall constitute a quorum, and no action of the Commission shall be valid unless it shall have the concurrence of at least two members. Unless prevented by a conflict of interest, a Commissioner must vote "yea" or "nay" on every motion, decision or adjudication which comes before the Commission.
For purposes of hiring and promoting police officers under these rules, each step of the hiring or promotional process requiring official action by the Commission shall be considered a separate matter or case, and each step of the hiring or promotional process need not be voted upon or approved by the same composition of Commissioners, as the case may be, provided that the quorum requirement has been satisfied.
The order of business of all nonjudicial meetings of the Commission shall be as follows:
The Commission Secretary shall keep minutes showing the vote of each member upon each question, and records of examinations and other official actions. If a member is absent, cannot vote due to a conflict of interest or fails to vote, the Secretary shall indicate that fact in the minutes. All records of the Commission shall be preserved and disposed of according to the Retention and Disposition Schedule for Records of Pennsylvania Municipalities under the authority of the Municipal Records Act, 1968 P.L. 961, No. 428, 53 P.S. § 9001 et seq. Commission minutes shall be kept in the manner required by 65 Pa.C.S.A. § 706.
Editor's Note: Former 53 P.S. § 9001 et seq. was repealed by 1996, Dec. 19, P.L. 1158, No. 177, § 2(a). See now 53 Pa.C.S.A. § 1381 et seq.
Commission records pertaining to all aspects of its business (except minutes) shall be maintained for five years after which they shall be destroyed. A record of Commission minutes shall be permanently maintained. Records relating to litigation or probable litigation shall, in no case, be destroyed until such time as the litigation or litigation threat has been resolved. Documents and information qualifying as public records will be available to the public. The Commission adopts the procedures employed by the Borough, as they may from time to time be modified, relative to responding to requests for public records.
The Commission shall have the power to prescribe, enforce and amend the rules and regulations governing the conduct of its activities. Before any changes to these rules or regulations become effective, those changes must be approved by Borough Council. These rules and regulations and any modifications or amendments thereto, shall be made available to the public for distribution or inspection.
The Borough Council shall furnish the Commission with such supplies and clerical assistance as may be necessary for the Commission to fulfill its duties. The Borough Council shall provide a suitable and convenient room for use of the Commission. In addition, the Commission may retain counsel, and any other consultants or experts, including physicians and psychologists/psychiatrists, as are necessary. The elected and appointed officials for the Borough shall assist the Commission with all reasonable and appropriate efforts including compensation for any counsel or experts retained by the Commission.
The Commission shall have the power to make investigations concerning all matters relating to its scope of business as defined by 53 P.S. §§ 46171 through 46195 and to the administration and enforcement of these rules and regulations to the extent authorized by the Borough Code. The Chairperson of the Commission is authorized to administer oaths and affirmations in connection with such investigations.
The Commission shall have the power to issue subpoenas over the signature of the Chairperson, or his designee, to require the attendance of witnesses and the production of records and papers pertaining to any investigation or inquiry. The fees of such witnesses for attendance and travel shall be the same as for witnesses appearing in the courts and shall be paid from appropriations for incidental expenses by the Commission. Parties in litigation before the Commission are responsible for the payment of witness fees to individuals for whom they have requested a Commission subpoena. Those parties are also responsible for the service of any such requested subpoena.
All officers in public service and employees of the Borough shall attend and testify when required to do so by the Commission.
If any person shall or neglect to obey any subpoena issued by the Commission, upon conviction of such refusal or neglect in a summary proceeding, that person shall be sentenced to pay a fine not to exceed $100, and in default of the payment of such fines and costs, shall be imprisoned not to exceed 30 days.
If any person shall or neglect to obey any subpoena, the Commission or the requesting party may apply by petition to the Court of Common Pleas for Allegheny County to enforce that subpoena, requiring the attendance of such person before the Commission to testify and to produce any records and papers necessary, and shall seek and order that in default thereof such individuals shall be held in contempt of court.
The Commission shall make an annual report to Borough Council containing a brief summary of its work during the year and a full accounting of any expenditure of public monies. The annual report shall be available for public inspection.