A. 
The Commission shall consist of three Commissioners who shall be qualified electors of the Borough of Lititz and shall be appointed by the municipal governing body initially to serve for the term 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 municipal governing body for the unexpired term within a period of 30 days after such vacancy occurs.
C. 
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 Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania and to perform their official duties with fidelity. No Civil Service Commissioner shall receive compensation.
D. 
Borough Council may appoint no more than three qualified electors of the Borough to serve as alternate members of the Commission. The term of office of the alternate members shall be six years. When seated pursuant to § 7-5 hereof, an alternate shall be entitled to participate in all proceedings and discussions of the Commission to the same and full extent as provided by law for Commission members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all of the powers and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other office in the Borough. An alternate may participate in any proceeding or discussion of the Commission but shall not be entitled to vote as a member of the Commission unless designated as a voting alternate member pursuant to § 7-5.
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 and one may be a member of the teaching profession in the Commonwealth of Pennsylvania or any political subdivision thereof.
The Commission first appointed shall organize within 10 days of its appointment and shall elect one of its members as its Chairperson, one as its Vice Chairperson, and one as the Secretary. The Commission shall thereafter meet and organize on the first Monday of each even-numbered year. Each Commissioner shall be notified in writing of each and every meeting. Three members of the Commission shall constitute a quorum. If, by reason of absence or disqualification of a member, a quorum is not reached, the Chair shall designate as many alternate members of the Commission to sit on the Commission as may be needed to provide a quorum. An alternate member of the Commission shall continue to serve on the Commission in all proceedings involving the matter or case for which the alternate was initially designated until the Commission has made a final determination of the matter or case. Designation of an alternate member pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among the alternates. No action of the Commission shall be valid unless it shall have the concurrence of at least two members.
The Chairperson, or in his/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.
The Secretary shall, at the direction of the Commission, see to it that all official correspondence of the Commission is done and all notices required by law and these rules of procedure are sent out, 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 organization meeting, all meetings shall be held either at the call of the Chairperson or at the call of two members of the Commission. At least 24 hours' written notice of each meeting shall be given each member. The Commission shall have the discretion to determine whether meetings shall be open to the public when not specifically regulated by existing law.
A. 
The Commission shall keep minutes of its proceedings and records of examinations and other official actions. 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] All recommendations of applicants for appointment received by the Commission shall be kept and preserved for a period of five years.
[1]
Editor's Note: 53 P.S. § 9001 was repealed 12-19-1996 by P.L. 1158, No. 177. For current provisions, see 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 the Commission's proceedings, showing the vote of each member upon each question. If a member is absent or fails to vote, the Secretary shall indicate that fact in the minutes. All recommendations of applicants for appointment received by the Commission shall be kept and preserved for a period of five years, and all records and all written causes of removal filed with the Commission, except as otherwise provided in § 7-57, shall be open to public inspection and subject to reasonable regulation.
The municipal governing body shall furnish to the Commission on its requisition clerical assistance that may be necessary for the Commission. The municipal governing body shall provide a suitable and convenient room for the use of the Commission. The Commission shall order from the municipal governing body as necessary stationery, postage, printing and supplies. The municipal governing body shall also provide the services of a Solicitor for the Commission, to be appointed by the Commission and paid by the municipal governing body. The municipal governing body shall have the authority to place a reasonable limit on the amount allowed each year for the services of the Commission Solicitor. The elected and appointed officials of every borough shall aid the Commission in all proper ways in carrying out the provisions of this chapter relating to civil service.
The Commission shall have power to prescribe, amend and enforce rules and regulations for carrying into effect the provisions of this chapter and shall be governed thereby. Before the effective date of the rules and regulations, or amendments thereto, the same shall be first approved by the municipal governing body. When the rules and regulations, or amendments, have been approved, they shall not be annulled, amended, or added to without the approval of Council. All rules and modifications shall be made available by the municipal governing body for public distribution or inspection.
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 and 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 the incidental expenses of the Commission.
B. 
All officers and public service employees of the Borough of Lititz 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 costs shall be imprisoned for a period 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 Lancaster 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.
The Commission shall make an annual report to the municipal governing body containing a brief summary of its work during the year and a full accounting for any expenditures of public monies. The annual report shall be available for public inspection.