[Ord. 882, 12/12/1975]
a.
b.
Boards and Commissions. Boards and commissions, established before
the effective date of this ordinance, shall continue in existence
subject to the right of Council, by ordinance, to abolish any board
or commission not required by law to be maintained or, where not in
conflict with the law, to change the name, composition, tenure, functions,
powers and duties of any existing board or commission. By ordinance,
Council shall have the authority to establish any new board or commission
and to specify its powers, duties and functions and, afterward, to
modify the provisions of any ordinance governing any new board or
commission. As provided in § 1-301.d{230},
all members of boards and commissions shall be appointed by Council.
c.
Committees. Council shall have the authority, at its discretion,
to establish and appoint committees and to specify the purpose, functions
and duration of existence of every committee in the charge to that
committee.
[Home Rule Charter, Section 1003; amended by Ord. 882, 12/12/1975]
a.
Authorities. Those authorities that were established by the Municipality
before the effective date of this ordinance or of which the Municipality
became a member before the effective date of this ordinance, shall
continue in existence under the provisions of the enabling legislation
under which they were created, as previously or in the future, supplemented
or amended, or any of those authorities may be terminated as provided
by law.
b.
Boards and Commissions. Every committee, board or commission established
by ordinance or required by law to be established, shall continue
to be maintained for as long as the applicable law or ordinance remains
in effect and has not been repealed.
c.
Members. Members of authorities, boards and commissions in office
at the time when this Charter takes effect shall remain in office
for as long as their respective terms of appointment shall continue,
unless and until an authority, board or commission shall be abolished,
combined with another agency or reconstituted, in which case, the
members thereof shall vacate their respective offices upon notice
from Council to do so.
[Ord. 882, 12/12/1975]
No member of a committee, board or commission shall receive
any salary or other compensation for his services, but he shall be
reimbursed by the Municipality for authorized expenses in connection
with those services.
[Ord. 882, 12/12/1975]
Council shall have authority to assign any committee, board
or commission to a specific department for administrative purposes,
unless the assignment is contrary to law.
[Ord. 229, 2/19/1940; Ord. 261, 8/28/1941, Section 1; Ord.
614, 7/6/1962, Section 1; amended by Ord. 617, 10/1/1962, Section
1]
a.
Intention and Desire to Organize. Whereas it has become necessary
and expedient to increase the supply of water of the Municipality
and to improve and enlarge the water supply system thereof, and/or
likewise to improve and enlarge the sanitary sewer system and sewerage
disposal plant of the said Municipality. It is the desire and intention
of the Municipality to establish a municipal authority for either
or both of the purposes aforesaid. The proper officials and employees
are authorized and directed to do all acts and things necessary to
create said municipal authority and to carry out the intent and purpose
of this ordinance.
b.
Waterworks Designated as Project for Authority. The Municipality
hereby designates the following project to be undertaken by the Authority:
to acquire, hold, construct, improve, maintain, operate, own, lease,
either as lessor or as lessee, waterworks, water supply works and
water distribution system for the Municipality for such other territory
now being served and for such other territory as it may hereafter
be permitted or authorized to serve.
c.
Articles of Incorporation Amended.{240} The amendment of the Articles
of Incorporation of the Municipality, which has been proposed by a
resolution of the Board of the Authority and submitted to Council,
is hereby adopted, said amendment adding to the Articles of Incorporation
a new sixth paragraph, reading as follows:
Sixth. The Authority is to exist for a term of 50 years from
the date of approval of the Article of Amendment.{250}
[Ord. 1846, 7/14/2006]
The Urban Redevelopment Law[1] was created by the Commonwealth of Pennsylvania for the
purposes set forth therein and with the knowledge that the replanning
and redevelopment of certain areas within the Borough will promote
the general public health, safety, convenience and welfare of the
Borough citizens and the community as a whole. The Borough, in order
to better facilitate the redevelopment, wishes to take advantage of
the provisions of the Urban Redevelopment Law by creating a Redevelopment
Authority which shall exist and operate for the public purposes such
as the creation of economically and socially sound redevelopment of
areas described in the Act, in conformity with the general Comprehensive
Plan of the Borough for residential, recreational, commercial, industrial
or other purposes and otherwise encouraging the provision of healthful
housing stock, a decent living environment and adequate places of
employment and commercial activity for the citizens of the Borough
and the community at large.
a.
Intention and Desire to Organize. Borough Council of the Borough
of State College hereby creates a Redevelopment Authority under the
provisions of the Urban Redevelopment Law of May 24, 1945, P.L. 991;
35 P.S. § 1701 et seq.; as amended. The Borough shall caused
to be prepared, executed and filed in conformity with the terms and
provisions of the Urban Redevelopment Law Articles of Incorporation
to create the aforesaid Redevelopment Authority of State College Borough.
b.
Execution of Articles of Incorporation Authorized. The Articles of
Incorporation of said Redevelopment Authority shall be executed on
behalf of the Borough of State College by Council President, attested
by Council Secretary or Assistant Secretary and the seal of the Borough
shall be affixed thereto. The Borough Solicitor is authorized and
directed to cause the publication of the notice of adoption of the
within Ordinance and to secure the execution and filing of the Articles
of Incorporation with the Secretary of the Commonwealth of Pennsylvania
creating the Redevelopment Authority of State College Borough.
[1]
Editor's Note: See 35 P.S. § 1701 et seq.
[Ord. 411, 5/26/1952]{280}
a.
Intention and Desire to Organize. Council, being the municipal authorities
of Municipality, hereby signify their intention and desire to organize
an Authority under the provisions of the Municipal Authorities Act
of 1945, as amended.
b.
Execution of Articles of Incorporation Authorized. The President
of Council, Mayor and Secretary are hereby authorized and directed
to execute, on behalf of Municipality, Articles of Incorporation for
said Authority, providing among other things:
(1)
The name of the Authority shall be the State College Municipal Building
Authority.
(2)
The Authority is formed under the Act of May 2, 1945, P.L. 382; amended,
known as the Municipality Authorities Act of 1945.
(3)
No other Authority has been organized under said Act or under the
Act of June 28, 1935, P.L. 463, and is in existence in and for the
incorporating Municipality except:
(a)
The State College Borough (Water) Authority, which was incorporated
June 17, 1940, and which was incorporated under the Act of June 28,
1935, P.L. 463, as amended.
(b)
The Centre County Airport Authority, which was incorporated
in conjunction with the Borough of Bellefonte and the County of Centre,
said Authority being incorporated March 12, 1951, under the Act of
May 2, 1945, P.L. 382, as amended.
(c)
State College Joint School Authority, which was incorporated
April 13, 1951, under the Act of May 2, 1 45, P.L. 382, as amended.
(4)
The name of the incorporating Municipality is the Borough of State
College. The names and addresses of the municipal authorities of the
Municipality are. . . .{300}
(5)
There shall be five members of the Board of the Authority, one appointed
for a term of one year, one appointed for a term of two years and
one appointed for a term of five years.
[Ord. 504, 4/19/1956]{310}
a.
Intention and Desire to Organize. The Council hereby signifies its
intention and desire to organize an Authority under the provisions
of the Municipality Authorities Act of 1945, as amended.
b.
Execution of Articles of Incorporation Authorized. The Mayor, the
President of Council and the Secretary thereof are hereby authorized
and directed to execute, on behalf of Municipality, Articles of Incorporation
for said Authority in substantially the following form:
(1)
The name of Authority is "State College Sewer Authority."
(2)
Said Authority is formed under provisions of the Act of May 2, 1945,
P.L. 382, as amended.
(3)
No other Authority organized under the Act of June 28, 1935, P.L.
463, or the Act of May 2, 1945, P.L. 382, as amended, is in existence
in or for the incorporating Municipality except. . . .{330}
(4)
The name of the incorporating Municipality is the Borough of State
College, Centre County, Pennsylvania.
(5)
The names and addresses of its municipal authorities are as follows:{340}
(6)
The names and addresses and terms of office of the first members
of the Board of the Authority to be formed hereby are as follows:{350}
c.
Initial Project to be Undertaken by Authority. The initial project
to be undertaken by the Authority is to acquire, hold, construct,
improve, maintain, operate, own, lease, either as lessor or lessee,
sewers, sewer systems or parts thereof and sewage treatment works,
including works for treating and disposing of industrial waste, in
and for the Municipality and for such other territory as it may be
authorized to serve.
[Ord. 512, 11/5/1956, Section 5]{450}
a.
Intention and Desire to Organize. The Council hereby signifies its
intention and desire to organize an Authority under provisions of
the Municipality Authorities Act of 1945, as amended.{400}
b.
Execution of Articles of Incorporation Authorized. The Mayor, President
of Council and the Secretary thereof are hereby authorized and directed
to execute, on behalf of Municipality, Articles of Incorporation for
said Authority in the following form:
(1)
The name of the Authority is "State College Airport Authority."
(2)
Said Authority is formed under provisions of Act of May 2, 1945,
P.L. 382, as amended.
(3)
No other Authority organized under the Act of June 28, 1935, P.L.
463, or the Act of May 2, 1945, P.L. 382, as amended, is in existence
in and for the incorporating Municipality except. . .{420}
(4)
The name of the incorporating Municipality is the Borough of State
College, Centre County, Pennsylvania.
(5)
The names and addresses of its municipal authorities are as follows:{430}
(6)
The names/addresses/terms of the first members of the Board to be
formed are as follows:{440}
(7)
The advertisement of notice of filing of these Articles of Incorporation
is submitted herewith.
c.
Initial Project to be Undertaken by Authority. The initial project
to be undertaken by the Authority is to acquire, hold, construct,
improve, maintain, operate, own, lease, either as lessor or lessee,
an airport and all facilities in connection therewith for the Municipality
and for such other territory as it may be authorized to serve.
[Ord. 656, 5/18/1964, Section 1, 2; Ord. 663, 12/9/1964,
Section 1]{490}
a.
Intention and Desire to Organize. The Council hereby signifies its
intention to organize an Authority under the provisions of the Municipality
Authorities Act of 1945, as amended.
b.
Execution of Articles of Incorporation Authorized. The Mayor, President
and Secretary of Council are hereby authorized and directed to execute
Articles of Incorporation for said Authority, which shall be known
as the State College Stormwater Authority, in substantially the following
form:
(1)
The name of the Authority is State College Stormwater Authority.
(2)
Said Authority is formed under provisions of the Act of May 2, 1945,
P.L. 382, as amended.
(3)
The incorporating Municipality has heretofore incorporated the following
Authorities:{460}
(4)
The name of the incorporating Municipality is the Borough of State
College, Centre County, Pennsylvania.
(5)
The names and addresses of its municipal authorities are as follows:{470}
(6)
The names, addresses and terms of office of the first members of
the Board of the Authority to be formed hereby are as follows:{480}
(7)
Proof of publication of the notice of the ordinance signifying the
intention of Municipality to organize this Authority in the legal
periodical of the County of organization and in a newspaper of general
circulation in the County are submitted herewith.
c.
Initial Project to be Undertaken by Authority. The initial project
to be undertaken by the Authority shall be for the purpose of acquiring,
holding, constructing, improving, maintaining and operating, owning,
leasing, either in the capacity of lessor or lessee, stormwater systems
for the collection, transportation and disposition of rain water and
other surface water resulting from snow, sleet and hail, but excluding
sanitary sewage and industrial waste, including the acquisition of
real estate in connection therewith and the construction of all facilities
appurtenant thereto, dams, pipes, piping, conduits, valves, gates,
etc., for the Municipality and for such other territory as it may
be authorized to serve and to be used and devoted wholly for public
uses and purposes.
[Ord. 666, 2/15/1965, Section 1, Section 7{510}; amended
by Ord. 809, 10/2/1972; Ord. 825, 4/5/1973; Ord. 1287, 7/19/1990{525};
and by Resolution 823, 9/18/2002{526}]
a.
Intention and Desire to Become a Member. Council signifies its intention
and desire for this Municipality to become a member of the University
Area Joint Authority{500}, an existing municipal authority heretofore
organized by the Townships of College, Ferguson, Harris and Patton,
all located in Centre County, Pennsylvania, under provisions of the
Act of May 2, 1945, P.L. 382, known as the Municipality Authorities
Act of 1945, as amended and supplemented.
b.
Membership of Board. Municipality agrees and determines the Board
of the Authority, upon admission of this Municipality as a member
thereof, shall be six in number and that such membership shall be
apportioned as follows:
|
Township of College
|
2
|
|
Township of Harris
|
2
|
|
Borough of State College {520}
|
2
|
|
Township of Ferguson
|
2
|
|
Township of Patton
|
2
|
[Ord. 757, 1/6/1970, Section 1, 2, 5]{530} {570}
a.
Intention and Desire to Organize. Municipality signifies its intention
and desire to organize an Authority jointly with Townships of Harris,
College, Ferguson, Patton and Half Moon, all located in Centre County,
Pennsylvania, under provisions of the Act of May 2, 1945, P.L. 382,
known as the Municipality Authorities Act of 1945, as amended and
supplemented, for the purpose of exercising any and all powers conferred
by the Authorities Act.
b.
Execution of Articles of Incorporation. The President and Secretary
of Municipality are authorized and directed to execute Articles of
Incorporation for such Authority in substantially the following form:
(1)
The name of the Authority is Centre Regional Recreation Authority.
(2)
The Authority is formed under the provisions of the Act of May 2,
1945, P.L. 382, known as the Municipality Authorities Act of 1945,
as amended and supplemented.
(3)
No other Authority has been organized under said Municipality Authorities
Act of 1945, as amended and supplemented, or under the Act of June
28, 1935, P.L. 463, as amended and supplemented, and is in existence
in or for any of the said incorporating municipalities, except that.
. . .{540}
(4)
The names of the incorporating municipalities are: Townships of College,
Harris Ferguson, Patton and Half Moon and the Borough of State College,
all in Centre County, Pennsylvania.
(5)
The names and addresses of all municipal authorities of said incorporating
municipalities are. . . .{550}
(6)
The members of the Board of the Authority shall be seven in number
and shall be apportioned as follows:
|
Township of College
|
1
|
|
Township of Patton
|
1
|
|
Township of Ferguson
|
1
|
|
Township of Halfmoon
|
1
|
|
Township of Harris
|
1
|
|
Borough of State College
|
2
|
(7)
The names, addresses and terms of office of first members of the
Board of the Authority, each of whom is a citizen of the incorporating
municipality by which he is appointed, are as follows:{560}
c.
First Members of Board of Authority Representing Municipality. The
following-named persons are appointed as the first members to represent
the Municipality on the Board of such Authority for the following
terms of office: Fred M. Coombs, 416 Nimitz Avenue (five years) and
William Hetrick, 332 West Prospect Avenue (one year).
[Ord. 799, 5/4/1972, Section 1, 2, 5]{580}
a.
Intention and Desire to Organize. Council hereby signifies its intention
to organize an Authority under the provisions of the Municipality
Authorities Act of 1945, as amended.
b.
Execution of Articles of Incorporation Authorized. The Mayor, President
of Council and Secretary of Municipality are hereby authorized and
directed to execute Articles of Incorporation for said Authority,
which shall be known as the State College Public Safety Building Authority,
in substantially the following form:
(1)
The name of the Authority is State College Public Safety Building
Authority.
(2)
Said Authority is formed under provisions of the Act of May 2, 1945,
P.L. 382, as amended.
(3)
The incorporating Municipality has heretofore incorporated the following
authorities:{590}
(4)
The name of the incorporating Municipality is Borough of State College,
Centre County, Pennsylvania.
(5)
The names and addresses of its municipal authorities are as follows:{600}
(6)
The names and addresses and terms of the first members of the Board
of the Authority to be formed are as follows:{610}
(7)
Proof of publication of notice of ordinance signifying the intention
and desire of Municipality to organize this Authority in the legal
periodical of the County of organization and in a newspaper of general
circulation in the County are submitted herewith.
c.
First Members of Board of Authority. The names of the persons as
set forth on Articles of Incorporation shall be first members of the
Board of the Authority, whose terms of office shall commence on the
date of appointment and shall be computed from January 1, next succeeding
the date of incorporation.
[Ord. 461{620} 6/7/1954, Section 1{630}; amended by Ord.
752, 9/16/1969, Section 4; Ord. 819, 1/9/1973, Section 1]
a.
Creation of Commission. Pursuant to the Pennsylvania Municipalities
Planning Code, Section 201 to 211 inclusive, there is hereby created
a Planning Commission, to be known as the State College Planning Commission,
which shall consist of seven members, which Planning Commission shall
have the powers and duties as set forth in the Code referred to hereinabove
and which shall be otherwise governed by the provisions of said Code,
as now stated or as hereafter amended, with respect to compensation,
appointment, term of office, membership, removal, conduct of business,
assistance and other matters set forth therein.
b.
Transition and Continuation. The members of the existing State College
Borough Planning Commission established under former laws shall continue
in office until the end of the term for which such members were appointed.
Any by-laws or rules and regulations heretofore adopted by the existing
State College Borough Planning Commission shall remain in full force
and effect.
[Added by Ord. No. 2164, 8/16/2021]
a.
BOARD
CLOSED CASES
DEPARTMENT
ORDINANCE
POLICE SERVICE AREA
POLICY
Definitions. For purposes of the ordinance, the following terms shall
have the following defined meanings:
The Community Oversight Board.
The statute of limitations for all possible civil action
against the Borough of State College has ended and any lawsuits filed
have been fully adjudicated.
The State College Police Department.
The Borough ordinance that created the Board, as amended.
The municipalities of State College Borough, College Township,
and Harris Township.
Any policy or practice of the Department and any other policy
or practice of the Borough or any of its agencies to the extent that
it governs or otherwise bears on the work of the Department.
b.
Establishment of Community Oversight Board for the Borough of State
College Police Department. There is hereby established a Community
Oversight Board for the State College Police Department.
c.
Purpose; Scope of Oversight. The Board has all of the following purposes:
(1)
To provide independent analysis of problems and underlying issues
and causes to ensure that Department policies and practices support
human and civil rights and work is being done to reduce or eliminate
systemic bias, prevent misconduct, strengthen police-community relations,
and build partnerships that promote trust and understanding between
law enforcement and the community.
(2)
To create an environment which allows for better communication, understanding,
and relations between the Department and the community.
(3)
To provide oversight for the Department with regard to the provision
of police services in the police service area as defined, with the
goal that the entire community-meaning everyone who lives, works,
studies in, or visits State College-may live safely and experience
equitable treatment in any interactions with the police.
(4)
Upon completion of its first two years of operation, the Board shall
conduct a review of the organization and activities of the Board,
seek stakeholder and community input, and provide a report to the
State College Borough Council, including any recommendations for changes
to the scope, authority and power, structure, duties, and membership
commitment responsibilities of the Board.
d.
Authority and Power.
(1)
The Board is authorized to receive, process, and investigate complaints
about the Department from members of the community through a civilian
complaint process. The Board can facilitate resolution of these complaints,
support individuals seeking to file formal complaints, and engage
in further inquiries leading to policy recommendations. As set forth
in Subsection h(1), complaints received through the civilian complaint
process that involve alleged officer misconduct shall be referred
to the Department for investigation through the Department's internal
affairs process.
(2)
The Board is authorized to conduct oversight functions and make recommendations
to the Borough Council, Borough Manager, and the State College Police
Department regarding law enforcement policies, practices, and procedures.
The Department shall provide the Board with timely and unfettered
access to necessary information within limits imposed by law, and
provide timely, written, and detailed responses to Board recommendations.
Oversight shall include data analysis, monitoring, auditing, and independent
review of closed cases.
(3)
To increase transparency, the Board is authorized to recommend strategies
to provide education and training in the community and to support
outreach activities, to engage with stakeholders and community members,
and to expand the information available to the public.
(4)
The Board is authorized to develop and implement a communications
plan to promote transparency, to convey community concerns to the
Department, and to publish an annual report documenting the Board's
activities, findings, recommendations, and the Department responses
to Board oversight.
(5)
The Board is authorized to coordinate with existing Borough of State
College Authorities Boards and Commissions (ABCs), The Pennsylvania
State University, other oversight boards, other Police Departments,
and other community organizations to draw on their expertise to advance
Board oversight.
e.
Nature of the Board. The Board is established by the Borough Council.
The Board will exercise its authority and judgment independent of
Borough administration under the ordinance. The Board shall provide
advice, through reports and recommendations to the Borough Council,
the Borough Manager, and the Chief of Police, with respect to matters
concerning the Department consistent with the authority in this ordinance.
The creation and operation of the Board shall not impair the authority
and responsibility of the Police Chief, the Borough Manager, and the
Borough Council, as provided in the Borough Charter. Reports, recommendations,
conclusions, and findings produced by or for the Board are not binding,
factually or legally, on the Borough or any part thereof, including
the Department, the Borough Manager, the Borough Solicitor, and the
Borough Council.
f.
Board Membership and Requirements.
(1)
The Board shall consist of nine voting members appointed by State
College Borough Council, none of whom are employed by or elected officials
of the municipalities in the police service area; a Chairperson and
Vice Chairperson will be selected annually from and by the Board members.
(2)
Qualifications of All Board Members.
(a)
Members must currently live in the police service area.
(b)
Members must have demonstrated capacity for open mindedness
and impartiality and a commitment to the civil rights of all affected
parties.
(c)
Members must commit to completing all of the training required
for the position.
(d)
Members must sign a confidentiality statement promising to maintain
and protect the status of confidential information.
(e)
Members selected should reflect the broadest possible diversity
with particular attention to categories of people who have suffered
past institutional discrimination in terms of race, ethnicity, gender,
gender identity, LGBTQ identity, history of incarceration, immigration
or citizenship status, religious minorities, and persons from any
other marginalized or underrepresented groups.
(3)
Categories of Membership. Borough Council has a special interest
in appointing persons with the following specific experience:
(a)
Involved in community organizations related to serving persons
in need.
(b)
Understanding or appreciation of role played by systemic racism
in society.
(c)
Knowledge of law enforcement but not employed in a law enforcement
position during the previous three years.
(d)
Background connected to behavioral health and/or intellectual
disabilities.
(e)
Knowledge or understanding of the experiences of children in
State College area schools related to policing.
(f)
Penn State student who lives in the police service area.
(4)
Meetings. The Board shall hold, at a minimum, quarterly meetings.
(5)
Terms. Terms for voting members shall be three years and shall be
staggered so that approximately 1/3 of the voting members' terms expire
each year.
(6)
Term Limit. No person serving on the Board continuously for nine
years shall be eligible for reappointment, until the lapse of at least
three years.
(7)
Removal of Members. Borough Council may remove on their own or based
on a recommendation from the Board any member for cause related to
any of the following:
(a)
Failure to complete required training.
(b)
Failure to attend three consecutive meetings, or three meetings
in a calendar year or failing to participate in the work of the Board.
(c)
Violation of confidentiality, failure to recuse in matters containing
conflict of interest, failure to remain impartial, or other inappropriate
action.
(8)
Filling Vacancies. If a seat on the Board becomes vacant, it shall
be filled in accordance with Borough Council's practice on filling
authorities, boards, and commission vacancies.
g.
Board Training Requirements.
(1)
Orientation. Prior to participation in any Board meeting, a newly
appointed member must complete an orientation process which includes:
(a)
An overview of Board policies and procedures.
(b)
An overview of Department policies and procedures, including
anti-bias-based policing and immigration.
(c)
One ride-along with a Department officer (or equivalent experience
under exceptional circumstances).
(d)
Following the initial appointments, any newly appointed Board
member must attend one Board meeting as an observer prior to participating
in any Board meeting.
(2)
Initial Training. Within one year of initial appointment, Board members
must complete a training program which includes:
(a)
Participation in the Citizens Police Academy if the academy
is made available.
(b)
Information on the following topics, provided by the Department
and other local/national resources as appropriate.
(i)
Civil Rights Law, 4th Amendment, Pennsylvania use of force laws;
and whether or how legal landscape is changing.
(ii)
Critical race theory; implicit bias; cultural
competency.
(iii)
Department policies related to internal reviews
of use of force incidents.
(iv)
Department training practices, especially for
use of force.
(3)
Continuing Education. In addition to annual updates on topics addressed
during the initial training, Board members may receive ongoing continuing
education, to include but not limited to additional Department ride-alongs,
membership in NACOLE, and participation in training related the purpose
of the Board based on available funding.
h.
Duties, Responsibilities, and Limitations.
(1)
Civilian Complaint Process. Within six months of the Board's establishment
and its initial first quarterly meeting, the Board shall develop a
civilian complaint process that is independent from any existing complaint
process in the Department. This alternative means for filing a complaint
does not replace or alter the Department Internal Affairs Section
procedures for receiving and investigating complaints or allegations
of officer misconduct. Complaints received through the civilian complaint
process that involve alleged officer misconduct shall be referred
to the Department for investigation through the Department's internal
affairs process.
(2)
This civilian complaint process shall be detailed and clearly outline
the procedures for receiving, processing, investigating, and adjudicating
each complaint received. In preparing this specific process, the Board
should reference the Ad Hoc Community Oversight Board Study Committee
Report, including the recommendation that provides a detailed list
of information that should be addressed in the civilian complaint
process.
(3)
Oversight.
(a)
Data Analysis. The Board shall, within limits imposed by law,
have access to, collect, and examine relevant information used to
track performance measures and assess outcomes related to police practices
and community perceptions. Dissemination of results would take place
in a quarterly or annual report. Analysis of performance measures
and outcomes include but are not restricted to the following:
(i)
Baseline measures (quantitative and qualitative), accountability
standards, community, and police perceptions.
(ii)
Metrics [demographics of officer and subject,
behavioral and mental health as contributing factors, previous encounters,
reasons for multiple deployments (TASER), injuries sustained]; include
predictive analytical techniques that focus on use of force in diverse
populations.
(iii)
Analysis of other relevant information, such
as census or public health data.
(b)
Monitoring.
(i)
The Board Chair and two Board members shall hold quarterly policy
reviews with the Department to review redacted summaries of all incidents
involving use of force involving any injuries and any complaints or
allegations of officer misconduct received by the Department or through
the Board's established civilian complaint process, in order to ensure
fairness and consistency, and actions consistent with the Department's
disciplinary protocol.
(ii)
Within the limits imposed by law, the information
to review may include, but is not restricted to:
[a]
Use of force and discharge of firearms, including
closed cases involving serious injury or death.
[b]
Search and seizure; domestic violence; pursuit;
prisoner detention and transportation management.
[c]
Race-bias concerns, as well as concerns of other
types of bias.
[d]
Complaint history (early warning system/officer
conduct, off-duty expectations, self-reporting of incidences, confidentiality
and transparency).
[e]
Budget, resources, and law enforcement responsibilities.
[f]
Mental health and crisis intervention response.
(c)
Auditing. Borough staff assigned to the Board shall conduct
real-time observation of all internal affairs investigations by observing
interviews, asking questions, and observing the overall direction
of the Department's disciplinary process and procedures.
(d)
Independent Review of Closed Cases. Within the limits imposed
by law, investigation by an independent investigator of closed cases
involving use of force resulting in serious injury or death when questions
persist even after the auditing and monitoring functions have been
completed. Investigations will occur at the conclusion of litigation
if pursued and will be conducted primarily for the purpose of making
policy recommendations to the Council, the State College Police Department,
and the Borough Manager.
(4)
Education and Training. The Board may recommend strategies to provide
education and training in the community to promote understanding of:
(a)
Diversity, inclusion, equity, immigration, implicit bias, systemic
racism, and cross-cultural communication.
(b)
Legal procedures, community policing and procedural fairness.
(c)
Police procedures related to de-escalation strategies, handcuffing
and restraints, and use of force, including use of TASERs.
(d)
Behavioral and mental health, physical health, and domestic
violence.
(e)
Other issues related to the mission and goals of the Board.
(5)
Outreach and Community Engagement. The Board shall foster community
engagement and conflict resolution through the following:
(a)
Supporting community organizations whose missions reflect Board
objectives and goals.
(b)
Facilitating and/or supporting a truth and reconciliation process
or transformative/restorative justice practices to address current
and past community complaints as a nonpunitive framework for resolution.
(c)
Safeguarding the confidentiality of community participants and
making it a priority to protect them from retaliation.
(6)
Communications. The Board shall do the following:
(a)
Develop a plan to keep the public informed of Board activities
and to receive community feedback.
(b)
Promote transparency by providing information to the public,
within the limits imposed by law, on law enforcement activities, including
release of information and demographics related to use of force, TASER
use, body camera recordings, injuries sustained and other police interactions.
(c)
Publish an annual report documenting the Board's activities,
findings, recommendations, and the Department's responses to Board
recommendations and oversight.
(7)
Limitations. Some of the limitations the Board may have in performing
their duties and responsibilities include but may not be limited to
any or all of the following:
(a)
Act 111 of 1968 (police collective bargaining agreements; binding
interest arbitration).
(c)
Criminal History Record Information Act (CHRIA) (Title 18, Chapter
91).
(d)
Municipalities, Home Rule and Optional Plans (Title 53, Part
III, Subpart E) - State College Home Rule Charter.
(e)
Act 22 of 2017 (specifically, Chapter 67A of the Act related
to recordings by law enforcement officers).
(f)
Open meetings (Title 65, Chapter 7) - executive session, meeting,
work session; exceptions.
i.
Board Staffing and Support.
(1)
Board Coordinator.
(a)
The Borough Manager will assign a Borough administrator to serve
as the Board Coordinator. The Board Coordinator and the Board Chairperson
should meet monthly, at a minimum, to discuss Board-related matters
and to plan the full Board meetings.
(b)
The duties and responsibilities of the Board Coordinator, subject
to Board review and approval, include but are not limited to the following:
(i)
Development of procedures for an external civilian complaint
process.
(ii)
Development of procedures for oversight by the
Board (data analysis, monitoring, investigating).
(iii)
Development of outreach strategies that provide
education and training, promote community engagement, and build partnerships
to enable Board effectiveness.
(iv)
Development of a communications plan, including
dissemination of information and preparation of an annual report.
(v)
Review progress by the Department towards implementation of
International Association of Chiefs of Police (IACP) recommendations,
Crisis Intervention Team (CIT) procedures, and responses to recommendations
from the Task Force on Policing and Communities of Color, the Task
Force on Mental Health Crisis Services, and other community studies.
(vi)
Ongoing oversight functions (data analysis, monitoring,
investigating).
(2)
Facilities and Staff Support. The Borough shall provide the Board
with suitable facilities for the conduct of its meetings and other
business. The Borough shall provide the necessary staff and services
to provide administrative support for operations, including assistance
with scheduling and hosting Board meetings, obtaining necessary equipment,
providing necessary technology support and the preparation and dissemination
of information.
(3)
Contracted Services.
(a)
When necessary for the Board to address their oversight duties
and responsibilities, the Board may request from Borough Council,
through the Board Coordinator, authorization to contract for any of
the following services:
(b)
Any contracted services provided must adhere to the Borough's
procurement procedures.
j.
Effective Date. This ordinance shall take effect on October 1, 2021.
[Ord. 1307, 2/6/1991, Sections 1 — 15; amended by Ord.
1583, 1/7/1999]
a.
Creation. There is hereby created a Civil Service Commission for
the Borough of State College. The Commission shall consist of three
Commissioners, at least two of which shall be qualified electors of
the Borough and one who may be a resident of one of the other municipalities
serviced by the State College Police Department. Commissioners shall
be appointed by the Borough Council for terms of six years.
Members of the Commission in office at the time when this ordinance
takes effect shall remain in office for as long as their respective
terms of appointment shall continue. Any vacancy occurring in the
Commission shall be filled by the Borough Council for the unexpired
term as soon as practicable after such vacancy occurs.
Civil Service Commissioners shall receive no compensation.
b.
Offices Incompatible with Commissioner. No Commissioner shall at
the same time hold any other elective or appointed office for the
Borough of State College, nor shall any Commissioner be actively employed
in the field of law enforcement.
c.
Organization of Commission. The Commission shall meet and organize
following the appointment of a new member to the Commission, and elect
one of its members as the Chairman.
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.
d.
Borough to Provide Support Services. The Borough shall furnish to
the Commission, on its requisition, such staff assistance as may be
necessary for the work of the Commission. The Borough shall provide
a suitable and convenient room for the use of the Commission. The
Commission shall order from the Borough any necessary supplies, and
the elected and appointed officials of the Borough shall aid the Commission
in all proper ways in carrying out the provisions of this ordinance.
e.
Powers of Commission. The Commission shall have the power to prescribe,
amend and enforce rules and regulations for the appointment and promotion
of police officers, subject to approval by Borough Council. Before
any such rules and regulations are in force the same shall be first
reviewed and approved or amended by Borough Council. When such rules
and regulations have been so approved, they shall not be annulled,
further amended, or added to, without the approval of the Council.
All rules and regulations and modifications thereof shall be made
available by the Borough for public distribution or inspection.
Hereafter each and every appointment to and promotion in the
police force shall be made based on merit, to be ascertained by examinations,
which shall be competitive as hereinafter provided. No police officer
shall hereafter be suspended, removed or reduced in rank except in
accordance with the provisions of this ordinance.
f.
Minutes and Records. The Commission shall keep minutes of its proceedings
and records of examinations and other official actions. All records
of applications for appointment received by the Commission shall be
kept and preserved for a period of two years, and all such records
shall be open to public inspection, except as otherwise provided in
this ordinance and subject to reasonable regulation.
g.
Investigations by Commission. The Commission shall have power to
make investigations concerning the administration and enforcement
of this ordinance and rules and regulations adopted hereunder. The
Chairman of the Commission is hereby given power to administer oaths
and affirmations in connection with such investigations.
h.
Subpoenas. The Commission shall have power to issue subpoenas over
the signature of the Chairman, to require the attendance of witnesses
and the production of records and papers pertaining to any investigation
or inquiry. The fees provided to 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.
All officers and employees of the Borough shall attend and testify
when requested to do so by the Commission.
Any person who shall refuse or neglect to obey any subpoena
issued by the Commission, shall, upon conviction thereof in a summary
proceeding, be sentenced to pay a fine not to exceed $100 and, in
default of payment of such fine and costs, shall be imprisoned for
a period not to exceed 30 days.
i.
Examination of Police Applicants. The Commission shall make rules
and regulations, subject to approval as provided in this ordinance,
providing for the examination of applicants for the position of police
officer and for promotion to the ranks of corporal, sergeant and lieutenant.
Such rules and regulations shall prescribe the minimum qualifications
of all applicants to be examined. All examinations for positions shall
be job-related and shall relate to such matters and include such inquiries
as will fairly test the merit and fitness of the persons examined
to discharge the duties of the employment sought by them. All examinations
shall be open to all applicants who have the minimum qualifications
required by the rules and regulations.
Public notice of the availability of entry-level police positions
shall be given by publication at least once in a newspaper of general
circulation in the Borough, and by use of other media and types of
notice as appropriate. Notice of promotional examinations shall be
prominently posted in the Municipal Building.
Any list of eligibles resulting from the Commission's examination
process shall be prominently posted in the Municipal Building.
j.
Rejections of Applicants. The Commission shall refuse to examine
or, if examined, shall refuse to certify after examination as eligible,
any applicant who is found to lack any of the minimum qualifications
prescribed in the rules and regulations for the position for which
application was made. If any applicant feels himself or herself aggrieved
by the action of the Commission in refusing to examine the applicant
or certify the applicant as eligible after examination, the Commission
shall, at the request of such person, appoint a time and place where
the applicant may appear personally and by counsel. The Commission
shall then review its refusal to make such examination or certification
and take such testimony as may be offered. The decision of the Commission
shall be final.
k.
Manner of Filling Positions. Every position as a police officer,
corporal, sergeant or lieutenant shall be filled only in the following
manner: the Manager shall notify the Commission of any vacancy which
is to be filled and shall request the certification of a list of eligibles.
The Commission shall certify its list of eligible candidates in order
of their cumulative test scores, in accordance with its rules and
regulations. For each appointment or promotion, the Manager may choose
from the top three candidates certified on the list by the Commission.
The Manager's selection shall be based on the qualifications
of the eligibles.
l.
Probationary Period. All appointments and promotions shall be for
a probationary period of one year. The probationary period for an
entry-level police officer shall begin upon the appointee's certification
as a trained municipal police officer in accordance with requirements
of law. The promoted officer's probationary period shall begin on
the effective date of the promotion, as determined by the Manager.
If, during the probationary period, the probationer's performance
is not satisfactory to the Manager, the probationer shall be notified
in writing that he/she will not receive a permanent appointment, and
shall be removed from the police force if a newly-appointed officer,
or reduced in rank if a newly promoted officer. Notwithstanding any
other provision of this ordinance, a newly-appointed officer may be
removed from the police force at any time during the probationary
period for unsatisfactory performance. A newly-promoted officer may
be reduced in rank at anytime during the promotional probationary
period for unsatisfactory performance. Removal or reduction in rank
during the officer's probationary period is at the discretion of the
Manager, and is not subject to appeal to the Civil Service Commission.
m.
Removals. Except as provided in Section 2, above, no person employed
in a police position shall be suspended, removed or reduced in rank
except for the following reasons:
(1)
Physical or mental disability affecting the ability to continue in
service, in which cases the person shall receive an honorable discharge
from service.
(2)
Neglect or violation of any official duty.
(3)
Violation of any law which provided that such violation constitutes
a misdemeanor or a felony.
(4)
Inefficiency, neglect, intemperance, immorality, disobedience of
orders, or conduct unbecoming an officer.
(5)
Intoxication while on duty.
(6)
Engaging or participating in conducting of any political or election
campaign otherwise than to exercise the right of suffrage.
The Manager may suspend, remove, or reduce in rank any member
of the police force when such disciplinary action is warranted in
accordance with this section. A written statement of the charges made
against any officer shall be furnished to the officer.
If, for reasons of economy or other reasons, it shall be deemed
necessary by the Borough to reduce the number of employees in the
police force, the reduction in force shall be effected by furloughing
the employees last appointed to the force. Such removal shall be accomplished
by furloughing in numerical order commencing with the officer last
appointed until such reduction shall have been accomplished. In the
event the police force is again increased, the employees furloughed,
if available, shall be reinstated in the order of their seniority
in the service.
n.
Hearings on Dismissals and Reductions. If an officer suspended, removed
or reduced in rank shall request a hearing by the Commission, the
request shall be made to the Commission in writing within 10 days
of the officer's receipt of notice of the suspension, removal or reduction
in rank. Such officer may make written answers to any charges filed
against him or her not later than the day fixed for the hearing. The
Commission shall hold a hearing within a period of 10 days from the
officer's request, unless continued by the Commission at the request
of the Borough or the officer. At any such hearing the aggrieved officer
may be present in person and by counsel. In the event the Commission
fails to uphold the disciplinary action imposed by the Manager, then
the officer who was suspended, removed or demoted shall be reinstated
with full pay for the period during which the officer was suspended,
removed or demoted, and no charges shall be officially recorded against
the officer's record. A record of all testimony taken at such hearings
shall be made and preserved by the Commission, which record shall
be sealed and not be available for public inspection in the event
the charges are dismissed.
o.
Applicability. The provisions of this ordinance shall apply to police
positions which carry the power of arrest. The provisions of this
ordinance, and of the regulations adopted pursuant hereto, shall not
be applied to non-sworn positions, special school police, parking
enforcement personnel, or any other positions not specifically addressed
in this ordinance.
[1]
Editor's Note: Former § 1-918, Design and Historic
Review Board, was repealed by Ord.
No. 2118, 9/17/2018.
[Added by Ord. No. 2118, 9/17/2018]
a.
Establishment. Council hereby establishes a Design Review Board,
hereinafter referred to as the "DRB," and ordains that it be governed
by the following provisions:
b.
Membership and Vacancies.
(1)
The DRB shall consist of five members, who shall be residents of
the municipality. Members shall be appointed by Council to staggered
terms of four years. Vacancies that occur for reasons other than the
expiration of terms shall be filled for the period of the unexpired
term.
(2)
In making appointments to the Board, Council shall seek persons who
possess qualities of impartiality, maturity and broad judgment and
in whom the community at large may be expected to have confidence.
Appointments shall be made in such a way as to maintain on the Board
at all times at least two members who have had special training or
experience in a design profession.
(3)
Members of the Board shall serve without pay but may be reimbursed
for actual expenses incident to the performance of their duties within
the limits of funds available to the Board.
c.
Organization, Rules, Meetings and Records. Within 30 days following
its appointment, the DRB shall meet and elect a Chairman. It shall
create and fill such other offices as it may determine. The term of
the Chairman and other officers shall be one year and they shall be
eligible for reelection. The Board shall adopt rules for the transaction
of its business and shall keep a record of its resolutions, discussions,
findings and recommendations and these records shall be open to the
public. The Board shall hold at least six meetings annually, all of
which shall be open to the public. For the purpose of taking any official
action, a quorum of members shall be present.
d.
Powers and Duties of the Board. The DRB shall have the following
responsibilities:
(1)
To make studies and inventory of the visual assets and liabilities
of the community, including surveys of an appropriate nature, and
to suggest standards and policies of design for the entire community,
any neighborhood thereof or any individual project to be undertaken
therein.
(2)
To seek to coordinate the activities of individuals, organizations
and groups, both public and private, whose plans, activities and programs
bear upon the appearance of the municipality and its environs and
to provide leadership and guidance in matters of design and appearance
when requested to do so.
(3)
To initiate, promote and assist in the implementation of programs
of general community beautification in the municipality and its environs.
(4)
To prepare both general and specific plans for the improved appearance
of the municipality. Such plans may include the entire community or
any part thereof and may include private as well as public property.
Such plans shall set forth desirable standards and goals for the aesthetic
enhancement of the municipality or any part thereof, including public
ways and areas, open spaces and public and private buildings and projects.
(5)
To participate in appropriate ways in the implementation of such
plans. To this end, the following specific duties are conferred upon
the Board:
(a)
To request from the officials of any public agency, including
the municipality, the Pennsylvania State University, the Recreation
Board, the School Board, the County Board, all public utilities and
any state or federal agency, its plans for public buildings, facilities
or projects in the municipality or its environs and to review such
plans and make recommendations regarding their aesthetic suitability
to the Planning Commission or appropriate agency.
(b)
In conducting its review, the Board shall review such plans
in a prompt and expeditious manner. All recommendations of the Board
concerning any public project shall be in writing and copies of said
recommendations shall be transmitted promptly to the Council and affected
agency.
(c)
To review and make recommendations on the aesthetic and design
suitability of any private development proposals which are submitted
to it and the Planning Commission. All recommendations concerning
the private development plans shall be prepared promptly and submitted,
in writing, to the Planning Commission.
(d)
To formulate and recommend to the Planning Commission and Council
such ordinances and amendments to existing ordinances (including the
Zoning Ordinance, Subdivision Regulations[1] and other local ordinances regulating the use and development
of property) as will, in the opinion of the Board, serve to enhance
the appearance of the municipality and its environs.
(e)
To seek, through any appropriate means, voluntary adherence
to the standards and policies of its plans.
(f)
To study and make recommendations to Council concerning implementation
of the powers conferred upon the Board by this section.
(g)
To promote public interest and understanding of its recommendations,
studies and plans and, to that end, to prepare, publish and distribute
such studies and reports as will advance the cause of improved community
appearance.
(h)
To conduct such public meetings and hearings as may be deemed,
giving reasonable notice to the public thereof at which the programs,
progress, problems and policies of the Board shall be presented, and
at which the public at large shall be invited to express itself on
matters relating to the municipality's appearance.
e.
Staff.
(1)
Within the limits of funds available to it, the DRB may recommend
to Council:
(a)
Employment of a Director (who may be the Planning Director)
and such other employees and staff as may be necessary for the performance
of the responsibilities authorized herein;
(b)
The establishment of contracts with persons, firms or corporations
for special or technical services or contracts with the Commonwealth
of Pennsylvania or the federal government for such services and other
benefits which may be available from such agencies and to carry out
the provisions of such contracts or agreements.
(2)
Members or employees of the DRB, when authorized by the Board, may
attend urban and community design conferences, meetings, schools and
institutes and the Board may, by formal and affirmative vote, pay,
within the Board's budget, the reasonable expenses incident to such
attendance.
[Ord. 1402, 1/11/1993]
Borough Council hereby establishes a Board of Health to advise
Council and to be governed by the following provisions:
a.
Membership. The Board of Health shall consist of five members, at
least one of whom shall be from the medical, public health, veterinary
or related professions. Board members shall be residents appointed
by Council and shall be appointed to serve a term of five years with
terms staggered such that one appointment per year expires. Members
of the Board shall serve without pay but may be reimbursed for actual
expenses incident to the performance of their duties within the limits
of funds available to the Board.
b.
Organization, Rules, Meetings and Records. At the first meeting of
each year, the Board of Health shall meet and elect a Chairman. It
shall create and fill such other offices as it may determine. The
term of the Chairman and other officers shall be one year, and they
shall be eligible for reelection. The Board shall adopt rules for
the transaction of its business and shall keep a record of its resolutions,
discussions, findings and recommendations, and these records shall
be open to the public. The Board shall hold at least four meetings
annually, all of which shall be open to the public. For the purpose
of taking any official action, there shall be present a quorum of
three members.
c.
Responsibilities of the Board. The Board shall have the following
responsibilities:
(1)
To make studies and recommendations for the prevention and control
of disease, injury and preventable death. This includes, but is not
limited to, communicable diseases, occupational illnesses and accidents,
family health and safety, and other health disorders that affect the
community's well being.
(2)
To make studies and recommendations to protect and enhance the environment
as it relates to the public health, safety and well being. This includes,
but is not limited to, food and water protection, wastewater disposal,
vector control, air pollution, solid waste disposal, housing and property
maintenance, recycling, animal and plant control, chemical and radiation
hazards and public nuisances.
(3)
To make studies and recommendations to promote wellness and healthy
life styles.
(4)
To provide leadership and guidance in matters of public health and
safety, disease control and environmental protection through cooperation
and coordination with organizations, groups and individuals.
(5)
To promote public education and understanding of the principles of
disease prevention and control, public health and safety, healthy
lifestyles and environmental protection.
(6)
To review and make recommendations on eating and drinking place license
revocations, when referred by the Director of the State College Health
Department.
(7)
To review and make recommendations on the existence of a public nuisance,
when referred by the Director of the State College Health Department.
(8)
To conduct such public meetings and hearings as may be deemed appropriate,
giving reasonable notice to the public thereof at which the programs,
progress, problems and policies of the Board shall be presented, and
at which the public at large shall be invited to express itself on
matters relating to the Board's responsibilities.
d.
Staff. The Director of the State College Health Department shall
act as Secretary to the Board. The Secretary shall maintain all records,
recommendations and minutes of the Board. The Secretary shall also
be responsible for advertising all meetings of the Board, relaying
the Board's recommendations, and carrying out such other duties as
deemed appropriate.
e.
Annual Report. The Board of Health, along with the State College
Health Department, shall prepare and submit an annual report to the
Pennsylvania Department of Health and to Borough Council. The annual
report shall be submitted by February 1 of each year.
[Ord. 1506, 6/25/1996; amended by Ord. 1621, 3/31/2000; Ord.
1835, 2/8/2006]
a.
Creation. A Rental Housing Revocation Appeal Board (RHRAB) is hereby
created for the Borough of State College. The RHRAB shall consist
of three members and one alternate who shall be residents of the Borough
and shall be appointed by the Borough Council to staggered terms of
three years.{672} Any vacancy occurring in the Board shall be filled
by the Council for the unexpired term as soon as is practical.
b.
Alternate Member. An alternate member may participate in any proceeding
or discussion of the Board but shall not be entitled to vote as a
member unless another Board member is absent and the alternate member
has attended all proceedings in regard to the specific matter to be
voted on.
c.
Organization. The RHRAB shall meet as needed and shall elect one
of its members as Chairman. A quorum shall consist of two members
present. No decision of the Board shall be valid unless the decision
shall be by majority vote of the members present. Within the limits
of funds appropriated by the Borough, the Board may employ or contract
a solicitor.
d.
Jurisdiction. The RHRAB shall have exclusive jurisdiction to hear and render adjudications on appeals from the determination of the Borough Manager with respect to the revocation of a rental housing permit pursuant to the appeal procedure established under the Property Maintenance Code adopted by the Borough of State College, and Chapter IV, Part F, Section 603, Subsection bbb(e) of the Borough's Codification of Ordinances.
e.
Hearings. The RHRAB shall conduct hearings and make decisions in
accordance with the following requirements:
(1)
Written notice of the date, time and location of the hearing shall
be given to the parties and to any person who has made timely request
for same.
(2)
The hearing shall be held within 30 days of receipt of the applicant's
request, unless the applicant has agreed, in writing, to an extension
of time.
(3)
The hearing shall be conducted by the Board pursuant to rules established
by the Board. Formal rules of evidence shall not apply.
(4)
The parties to the hearing shall be the municipality and the applicant.
Parties have the right to be represented by counsel and shall be afforded
the opportunity to respond and present evidence and arguments and
cross-examine witnesses on all relevant issues.
(5)
The Chairman shall have the power to administer oaths and issue subpoenas.
(6)
All meetings shall be advertised and conducted in accordance with
Pennsylvania's Sunshine Act.
(7)
The Board shall render a written decision within 45 days after the
last hearing. The decision shall be accompanied by findings of fact
and conclusions based thereon together with reasons therefore.
(8)
A copy of the written decision shall be provided to all parties not
later than seven days following its date.
[Ord. 1659, 5/22/2001, Section 3, repealed, amended, and
reinstated through Ord. 1753, 8/11/2003, Sections 2 through 6]{675}
a.
Commission Established. There is hereby established a "Transportation
Commission" (hereinafter cited as Commission), having seven members
who shall be residents of the Borough of State College.
b.
Terms of Office of Members; Vacancies. Commission members shall be
appointed by Council and, initially, three members shall be appointed
for terms of two years and four for terms of four years; thereafter,
their successors shall be appointed for terms of four years. Vacancies
that occur for reasons other than the expiration of terms shall be
filled for the unexpired term.
c.
Officers; Organization; Rules and Regulations. Commission members
so appointed shall elect their own Chairman and Vice-Chairman and
organize in such manner as they shall see fit and shall operate under
such rules and regulations as they may adopt.
Staff liaison shall be provided by the Director of Public Works.
The Borough Engineer and Planning Director may be called upon as appropriate.
d.
Powers and Duties of the Commission. The Commission's duties shall
include the following:
(1)
To recommend strategies for the implementation of relevant portions
of the Transportation Policy adopted and prioritized by Council.
(2)
To conduct surveys and recommend studies of pedestrian and traffic
safety matters as self-initiated or referred to it be Council, Borough
staff, or the public.
(3)
To review, at least biannually, and to recommend changes to the Street
Classification System and Policy, and to ascertain whether the effects
of development and/or change of use of streets determine a need for
reclassification or mitigation as required and triggered by the Policy.
(4)
To address neighborhood pedestrian and traffic mitigation issues,
especially as requested by the Planning Commission or by citizen groups.
(5)
To review external transportation studies or propose additional studies
and make recommendations to Council.
(6)
To discuss and recommend programs to Council that encourage and accommodate
the use of alternative transportation and transportation demand management.
(7)
To comment and make recommendations on any transportation matters
referred to it by Council.
(8)
To make recommendations to Council concerning parking strategies,
including facilities and rates for both on- and off-street parking.
e.
Advisory Capacity. The Commission shall act in an advisory capacity,
and no action taken by said Commission shall be binding upon the municipality
until action thereon shall have been taken by Council approving same.
[Ord. 2054, 12/1/2014, Section 2]
a.
Committee Established. Under the powers provided to Borough Council in Part C of the Administrative Code, Council shall establish a Real Estate Advisory Committee (REAC).
b.
Powers and Duties. The REAC shall advise the State College Borough
Council on the implementation of the Homestead Investment Program
(HIP) and provide Borough Council with any recommendations for modifications
that improve the effectiveness in meeting stated program goals, as
stated below.
c.
Homestead Investment Program Goals.
(1)
Support Borough Council's goal of maintaining safe, stable and attractive
neighborhoods through the expansion of housing initiatives by encouraging
and fostering home ownership.
(2)
Support Borough Council's goal of developing additional housing,
especially workforce housing, by expanding the supply of workforce
housing either through expanding affordable home ownership programs
or through increasing the supply of affordable rental housing for
households where one or more of the members of the household are employed.
d.
Membership and Vacancies. The REAC shall consist of five members.
Members shall be appointed by Council and, initially, two shall be
appointed for terms of two years, two for terms of three years, and
one for a term of four years; thereafter, their successors shall be
appointed for terms of four years. Vacancies, which occur for reasons
other than the expiration of terms, shall be filled for the period
of the unexpired term. Borough residency is preferred but not required
to serve on the Committee.
Members of the REAC shall include one representative from Borough
Council, one member from the State College Planning Commission, two
residents of the Homestead Investment Program focus area, and one
representative of the Penn State University student body, who shall
be a currently enrolled full-time student.
Members of the Committee shall serve without pay but may be
reimbursed for actual expenses incident to the performance of their
duties within the limits of funds available to the Committee.
e.
Organization, Rules, Meetings and Records. Within 30 days of its
appointment, the Committee shall meet, elect a Chair and create and
fill such other offices as it may determine appropriate. The term
of the Chair and other officers shall be one year, and they shall
be eligible for re-election.
The Committee shall adopt rules for the transaction of its business
and shall keep a record of its resolutions, discussions, findings
and recommendations, and these records shall be open to the public.
The Committee shall meet semiannually at a day and time determined
by the Committee.
All meetings of the Committee shall be conducted in conformity
with Pennsylvania's Sunshine Act. All records shall be retained in
conformity with applicable record retention regulations as promulgated
by the Pennsylvania Historical and Museum Commission.
f.
Staff. The Borough Manager shall designate a staff member to serve
as Secretary of the Committee. The Planning Director or his/her designee
shall attend all meetings of the Committee. The Committee shall receive
staff support from the Municipality as assigned by the Borough Manager.
The staff support shall provide administrative, clerical, research
and other appropriate support to the Committee.
g.
Annual Report. The REAC shall, not later than 60 days following the
end of each calendar year, submit, in writing to Council a report
on the implementation of HIP and any modifications to HIP that the
REAC believes will improve the effectiveness of HIP in meeting its
state goals.
[Ord. No. 2199, 1/9/2023; amended by Ord. No. 2218, 12/18/2023]
a.
Establishment of a Regional Human Relations Commission.
(1)
Utilizing the Intergovernmental Cooperation Act[1] and pursuant to Section 962.1 of the Pennsylvania Human
Relations Act,[2] there is hereby established a Regional Human Relations
Commission in and for the municipalities who elect to participate
in the program as described herein. The Commission shall consist of
seven members who shall serve overlapping terms of three years each.
Members of the Commission shall be appointed by State College Borough.
Each municipality that is part of the Commission shall have at least
one representative as submitted to the State College Borough Council
for appointment to the Commission. If there are more than seven municipalities
that are part of the Commission, the appointments will be rotated
among the municipalities. Members shall be residents of the participating
municipalities. No member of the Commission shall hold any office
in any municipality or political party. Members of the Commission
shall serve without salary but may be reimbursed expenses incurred
in the performance of their duties.
(2)
Annually at the first meeting of each year, Commission members shall
elect from its members as Chair and Vice-Chair. The Chair shall be
responsible for setting Commission meetings, coordinating the receipt
of complaints and answers and generally ensuring the duties of the
Commission, as described herein, are fulfilled. In the absence of
the Chair, the Vice-Chair shall perform the duties of the Chair.
(3)
The Managers of the municipalities that have enacted the Regional
Human Relations Commission Ordinance shall meet to prepare administrative
procedures for the implementation of this ordinance. Such procedures
shall be approved by the Managers no later than July 1, 2024, and
will become the procedures used by the Commission in adjudicating
all complaints brought before the Commission. In no event shall the
Commission have any regulatory or other power beyond considering and
adjudicating complaints filed with the Commission.
b.
Procedure. In carrying out their duties, the Commission shall proceed
in accordance with the local ordinance adopted and amended from time
to time existing in each of the member municipalities.
(1)
Filing a Verified Complaint Form. Any person aggrieved by an unlawful
discriminatory practice may make, sign, and file a verified complaint
with the Manager or other designated employee of the municipality.
Complaints shall be filed in a form similar to that attached as Exhibit
A, Complaint Form.[4]
[4]
Editor's Note: Exhibit A is on file in the Borough offices.
(2)
Place of Filing. Complaints may be filed in person with the Manager
or other designated employee of the municipality, or by mailing or
electronically submitting such utilizing an official address provided
by the municipality.
(3)
Time Limitations. Complaints of alleged discriminatory acts must
be filed within 180 days of the alleged act of discrimination.
(4)
Format. The complaint shall contain the following information:
(a)
The name and address of the aggrieved person(s);
(b)
The name and address of the person(s) alleged to have committed
the discriminatory acts, and the address and municipality in which
the alleged discriminatory act took place;
(c)
A concise statement of the particulars, including pertinent
dates, constituting the alleged discriminatory acts;
(d)
If applicable, the address and a description of the dwelling
or commercial property which is involved; and
(e)
Such other information as may be required by the Regional Human
Relations Commission.
(5)
The municipality shall convey all original complaints received to
the Chair of the Regional Human Relations Commission within 10 days
of the filing of the complaint.
(6)
Commission Review. The Commission, within 30 days of the filing,
shall hold a meeting to review the complaint and make a preliminary
determination as to whether the alleged discriminatory acts are prohibited
by the Anti-Discrimination Ordinance[5] in effect in the municipality where the alleged discriminatory
act occurred. If the Commission determines that the alleged discriminatory
act is not prohibited by the municipal Anti-Discrimination Ordinance,
it shall so notify the complainant who may then proceed to follow
whatever other filings may be applicable, specifically PAHRC and EEOC
or if applicable, the complainant may appeal the decision of the Commission
to the Centre County Court of Common Pleas within 30 days of the decision
date.
(7)
If the Commission determines that it has jurisdiction to hear the
complaint, it shall:
(a)
Send a copy of the complaint to the person or entity charged
with the discriminatory practice ("respondent") with notice that the
respondent has 30 days to file a verified answer to the complaint;
and
(b)
The notice provided to the respondent will further advise the
respondent that retaliation against any person because a complaint
has been filed constitutes a discriminatory practice under this section
and is prohibited by this section.
(8)
Answer. Respondent shall file with the Commission a written verified
answer to the complaint within 30 days of respondent's receipt of
the complaint from the Commission and, further, shall send a copy
of the answer to the complainant.
(a)
If the complainant is satisfied with the resolution of the complaint
as stated in the "Verified Answer" Form from the respondent, the complainant
will sign a "Satisfactory Resolution" Form stating the complaint is
sufficiently resolved and provide this form to the Chair of the Human
Relations Commission. The Commission shall forward the signed "Satisfactory
Resolution" Form to the respondent for signature. Upon receipt of
the fully executed "Satisfactory Resolution" Form the Commission provides
written notice to both the respondent and the complainant that final
resolution of the complaint has been achieved and no further process
is required.
(9)
Mediation.
(a)
After the respondent's answer has been received, the Commission
shall, within 15 days, invite the parties to voluntarily participate
in the mediation of their dispute. The parties shall respond to the
invitation to mediate within 15 days of being invited to mediate.
Mediation shall be conducted in accordance with procedures promulgated
by the Commission;
(b)
If the mediation has successfully resolved the complaint, the
Commission shall promptly notify the parties that it has dismissed
the complaint; and
(c)
If the mediation has not successfully resolved the complaint,
the Commission shall proceed to investigation.
(10)
Investigation. The Commission shall, in a timely fashion, investigate
the allegations of the alleged discriminatory practice. The Commission
shall assign an independent investigator that is not a member of the
Commission. The Commission, in consultation with staff assigned to
assist the Commission, and the Manager in the municipality where the
complaint was filed, shall designate an investigator to conduct the
investigation. Commission may, in the conduct of such investigation
and upon review and approval, issue subpoenas to any person or entity
who may be of interest in the investigation, commanding such person
or entity to furnish information, records or other documents, as necessary
to assist in the Commission's investigation.
(11)
Finding of No Cause. Following investigation, if it shall be
determined by the Commission that there is no probable cause, it shall
notify both complainant and respondent in writing of its decision.
Complainant may then proceed to file complaints with other commissions
or courts as it may deem appropriate in its own judgment, or it may
appeal the Commission's determination to the Centre County Court of
Common Pleas within 30 days of the issuance of the Commission's determination.
(12)
Finding a Probable Cause. If the Commission determines that
probable cause exists and if an unlawful discriminatory practice may
have occurred, it shall establish a date and time for hearing, providing
at least 30 days' notice thereof to complainant and respondent.
(a)
The hearing shall be public, at which time complainant and respondent
shall be given the opportunity to appear with or without counsel,
to provide testimony and submit evidence for the Commission's consideration.
Formal rules of evidence shall not apply but irrelevant or unduly
repetitive evidence may be excluded by the Commission in its discretion.
(b)
A transcript shall be kept of the proceedings unless waived
in writing by all parties. Minutes shall be kept regarding the proceedings.
(13)
Findings. If upon all of the evidence at the hearing the Commission
shall find that a respondent has engaged in or is engaging in an unlawful
discriminatory practice as defined by the local municipality's Anti-Discrimination
Ordinance,[6] the Commission shall state its findings and shall issue
and cause to be served on the respondent an order requiring such respondent
to cease and desist from unlawful discriminatory practices and to
take such additional action as the Commission deems appropriate. The
Commission shall have the authority to order any remedies available
under the local Anti-Discrimination Ordinance,[7] including assessment of fines, penalties and costs as
those ordinances may authorize. The Commission may also order the
making of reasonable accommodations if appropriate and may also enter
orders confirming resolutions that have been obtained by agreement
of the parties or through mediation.
(14)
Appeals. Any decision of the Commission herein may be appealed
by either party to the Centre County Court of Common Pleas. All such
appeals must be filed within 30 days of the issuance of findings by
the Commission. Any appeals under this section shall be handled in
accordance with Pennsylvania Local Agency Law.[8]
[8]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
c.
Multiple Filings. This section shall have no effect over matters
which are the subject of pending or prior filings made by an aggrieved
person before any state or federal court or agency of competent jurisdiction.
However, the filing of any civil state or federal action with a court
of competent jurisdiction or an agency of competent jurisdiction shall
prevent further proceedings under the within section.
d.
Operational Costs.
(1)
Operational Costs. Participating municipalities shall share equally
the costs necessary to create the Commission as well as provide for
its staffing and operation. As complaints are filed, the costs of
proceeding to review, investigate and hold hearings shall be borne
exclusively by the municipality in which the discriminatory act or
practice is alleged.
(2)
Annual Budget. The Borough of State College shall prepare an operational
cost budget annually to provide for the routine and recurring expenses
necessary for the regular meetings of the Commission and staff support.
Said budget shall be delivered to the municipalities that have enacted
the Regional Human Relations Commission Ordinance on or before September
15 annually. The Managers shall meet within 30 days of the delivery
of the budget to review and approve the budget.
