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.