A.
The Commission shall consist of three Commissioners who shall be
qualified electors of the Borough and shall be appointed by the Borough
Council initially to serve for the terms of two, four and six years
and, as terms thereafter expire, shall be appointed for terms of six
years.
B.
Any vacancy occurring in the Commission for any reason whatsoever
shall be filled by the Borough Council for the unexpired term within
the period of 30 days after such vacancy occurs.
C.
Each member of the Commission, before entering upon the discharge
of the duties of his office, shall take an oath or affirmation to
support the Constitution of the United States and of the Commonwealth
of Pennsylvania and to perform his official duties with fidelity.
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 Council of the Borough.
One Commissioner may be a member of the teaching profession.
The Commission first appointed shall organize within 10 days
of its appointment and shall elect one of its members as its Chairperson
and one as the Secretary. The Commission shall thereafter meet and
organize on the first Monday of February of each even-numbered year.
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.
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 duties required by
law or these rules and regulations.
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 or these rules and regulations.
Except for the biennial organization meeting, all meetings shall
be held either at the call of the Chairperson or at the call of two
members of the Commission. The Commission shall have the discretion
to determine whether meetings shall be open to the public when not
specifically regulated by law or these rules and regulations. The
Secretary of the Commission shall give each Commissioner 24 hours'
notice in writing of each and every meeting of the Commission.
The governing body shall furnish the Commission with such supplies
and clerical assistance as may be necessary for the Commission to
fulfill its duties. In addition, the Commission may retain counsel
and any other consultants or experts, including physicians and psychiatrists,
as are necessary. The elected and appointed officials of 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 may amend, revise, void or replace these rules
and regulations for any reason by action of a majority of the Commission
at any properly convened meeting of the Commission. Before any changes
to these rules and regulations become effective, those changes must
be approved by the Borough Council. These rules and regulations, and
any amendments thereto, shall be made available to the public for
distribution or inspection.
A.
The Commission shall keep minutes of its proceedings and records
of examinations and other official action. All records of the Commission
shall be preserved and disposed of according to the Retention and
Disposition Schedule for Records of Pennsylvania Municipalities issued
by the Local Government Records Committee under the authority of the
Municipal Records Act, 1968 P.L. 961, No. 428, 53 P.S. § 9001.[1]
[1]
Editor's Note: Former 53 P.S. § 9001 et seq., was repealed
1996, Dec. 19, P.L. 1158, No. 177; see now 53 Pa.C.S.A. § 1381
et seq.
B.
Any and all records related to any disciplinary action filed with
the Commission shall be open to public inspection, subject to reasonable
regulation. The Secretary shall keep minutes of its proceedings showing
the vote of each member upon each question. If the member is absent
or fails to vote, the Secretary shall indicate that fact in the minutes.
The Commission shall have the power to make investigations concerning
all matters relating to the administration and enforcement of these
rules and regulations. The Chairperson of the Commission is authorized
to administer oaths and affirmations in connection with such investigations.
A.
The Commission shall have the power to issue subpoenas over the signature
of the Chairperson, or designee, to acquire 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 the incidental expense of the Commission.
B.
All officers in public service and employees of the Borough shall
attend and testify when required to do so by the Commission.
C.
If any person shall refuse 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 fine and cost,
shall be imprisoned not to exceed 30 days.
D.
If any person shall refuse or neglect to obey any subpoena, the Commission
may apply by petition to the Court of Common Pleas of Delaware County
for its subpoena, requiring the attendance of such persons before
the Commission or the court to testify and to produce any records
and papers necessary and, in default thereof, shall be held in contempt
of court.