[Ord. 882, 12/12/1975]
a. 
Authorities. Authorities, as referred to herein, shall mean those bodies, political or corporate, created under the Municipality Authorities Act of 1935 and its amendments, the Municipality Authorities Act of 1945 and its amendments[1] and the Parking Authority Law and its amendments.[2]
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[2]
Editor's Note: See 53 Pa.C.S.A. § 5501 et seq.
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shall continue to be maintained for as long as the applicable law or ordinance remains in effect and has not been repealed.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. 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. 
Definitions. For purposes of the ordinance, the following terms shall have the following defined meanings:
BOARD
The Community Oversight Board.
CLOSED CASES
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.
DEPARTMENT
The State College Police Department.
ORDINANCE
The Borough ordinance that created the Board, as amended.
POLICE SERVICE AREA
The municipalities of State College Borough, College Township, and Harris Township.
POLICY
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).
(b) 
Borough Code (Title 8, Chapter 11).
(i) 
Civil Service (Subchapter J).
(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:
(i) 
Independent legal counsel.
(ii) 
Data analyst.
(iii) 
Other subject matter expert.
(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.
[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.
[1]
Editor's Note: See Ch. XIX, Zoning and Land Development.
(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.
[1]
Editor's Note: See 53 Pa.C.S.A. § 2301 et seq.
[2]
Editor's Note: See 43 P.S. § 962.1.
(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.
(4) 
The Commission shall have jurisdiction to hear complaints brought before it under the terms and provisions of anti-discrimination ordinances of municipalities who have adopted this ordinance.[3]
[3]
Editor's Note: See Ch. IIA, Anti-Discrimination.
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.
[5]
Editor's Note: See Ch. IIA, Anti-Discrimination.
(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.
[6]
Editor's Note: See Ch. IIA, Anti-Discrimination.
[7]
Editor's Note: See Ch. IIA, Anti-Discrimination.
(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.