The Personnel Board shall have jurisdiction in all cases involving
career service employees who have been suspended, removed, reduced
in rank or demoted except career service employees represented by
bargaining units which have executed contracts with the Municipality
which provide for grievance procedures dealing with suspension, removal,
reduction in rank or demotion. Where such grievance procedures exist,
it is the intent of this Charter to exclude appeal to the Personnel
Board.
The Mayor, with the advice and consent of Council, shall, within
ninety (90) days of the first organizational meeting of Council, appoint
from the registered electors of the Municipality a Personnel Board
composed of three (3) members.
In making appointments to the first Board under the provisions
of this Charter, the Mayor shall designate one (1) member to serve
for a term of three (3) years, one for a term of two (2) years, and
one for a term of one (1) year. Thereafter, all appointments shall
be made for terms of three (3) years.
No individual shall be eligible to serve on the Personnel Board
for more than two full three (3) year terms. After the expiration
of two (2) years such individual shall be eligible for another appointment
to the Board.
Any vacancy occurring on the Personnel Board for any reason
whatsoever shall be filled by the Mayor with the advice and consent
of Council for the unexpired term within the period of thirty (30)
days after such vacancy occurs. Members of the Personnel Board may
be removed from office by the Mayor with the advice and consent of
Council.
No member of the Personnel Board shall, at the same time, be
a Municipal employee or hold an elective or appointive office under
the United States Government, the Commonwealth of Pennsylvania, or
any political subdivision of the Commonwealth. No member of the Board
shall be a member of any local, state or national committee of a political
party. Nor shall any member of the Personnel Board be an officer or
employee of any bargaining agency representing employees of the Municipality.
The first sentence of this section shall not be construed to
apply to members of the teaching profession or to employees of any
school district.
Members of the Personnel Board shall receive no compensation.
Each member of the Personnel Board shall take an oath of office
which shall be the same as that prescribed for the members of the
Council.
The Personnel Board first appointed shall organize within ten
(10) days of its appointment and shall elect one of its members as
Chairman and one as Secretary. The Board shall thereafter meet and
organize on the first Monday of January of each even-numbered year.
The Secretary of the Board shall give each member twenty-four (24)
hours notice of every meeting of the Board. Two (2) members of the
Board shall constitute a quorum and no action of the Board shall be
valid unless it shall have the concurrence of at least two (2) members.
The Municipality shall furnish to the Board, on its requisition,
such clerical assistance and supplies as may be necessary for the
work of the Board. The Municipality shall provide a suitable and convenient
room for the use of the Board. The Council shall provide legal counsel
upon request of the Board in complex cases.
The Board shall keep minutes of the proceedings and records
of other official actions. Such records shall be kept and preserved
in accordance with general law.
It shall be the function and duty of the Personnel Board to
grant a hearing to an employee who has been suspended, removed, reduced
in rank, or demoted, upon the request of such employee. The Board
shall hear and render a decision on every appeal properly brought
before it. All parties shall have the right of further appeal as provided
in "Local Agency Law," Act of December 2, 1968 (P.L. 1133), as now
or hereafter amended, supplemented, re-enacted or supplied.
The first Personnel Board established under this Charter shall,
within ninety (90) days of its organization, set forth in writing
the rules and procedures which shall govern appeals as permitted herein.
Such rules and procedures shall provide for, but not be limited to,
a due process hearing, and shall otherwise comply with the provisions
of the 'P Local Agency Law."
The rules of the Board shall further provide that no order of
suspension made by the Board shall be for a period of longer than
one (1) year, and that the Board may sustain the charges or reduce
the length of suspension or dismiss the charges.
All hearings of appeal involving career service employees shall
be closed to the public and the transcript sealed, unless otherwise
requested by the employee taking the appeal.
The rules and procedures established by the Board, and any revisions
or amendments thereto, shall, before adoption by the Board and approval
of the Council, be reviewed and commented on by the Council and the
Manager.
The personnel procedures or policies established under the provisions
of this Charter shall not be in conflict with Acts of the General
Assembly providing for collective bargaining and arbitration.
The Board shall render its decision within thirty (30) days
of the receipt of the transcript.
In the event the appellant is cleared of all charges, then the
appellant shall be reinstated to the position with full pay for the
period during which the appellant was suspended, removed, reduced
in rank, or demoted.
Upon such acquittal and after the expiration of all time for
appeal, all such references to the charge, hearing and decision shall
be removed from all Municipal records and destroyed.
The Board shall have the power to make investigations on all
matters touching the administration and fulfillment of its powers
and duties. The Chairman or Acting Chairman of the Board shall have
the power to administer oaths and affirmations in connection with
such investigations. The Board shall have the power to issue subpoenaes
over the signature of a Board member to require the attendance of
the witnesses and the production of records and papers pertaining
to any investigation or inquiry. The fees of such witnesses for attendance
and travel shall be the same as for witnesses appearing in the courts.
All officers in public service and employees shall attend and
testify when required to do so by the Board.
If any person shall refuse or neglect to obey any subpoena issued
by the Board, that person shall, upon conviction thereof and a summary
proceeding, be sentenced to pay a fine not to exceed $100.00 and in
default of the payment of such fine and cost shall be imprisoned not
to exceed thirty (30) days.
If any person shall refuse or neglect to obey any subpoena issued
by the Board, the Board may apply by petition to the appropriate court
for its subpoena requiring the attendance of such persons before the
Board or the court.