A. 
The Commission shall consist of three commissioners who shall be qualified electors of the Borough and shall be appointed by the Borough Council, initially to serve for the term of two, four, and six years, and as terms thereafter expire, shall be appointed for terms of six years.
B. 
Any vacancy occurring on the Commission for any reason shall be filled by the Borough Council for the unexpired term within 30 days after such vacancy occurs.
C. 
Before entering upon the discharge of duties of their office, each Commission member shall take an oath or affirmation to support the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania and to perform their official duties with fidelity. No Civil Service Commissioner shall receive compensation.
D. 
Borough Council may appoint no more than three qualified electors of the Borough to serve as alternate members of the Commission. The term of office of the alternate members shall be six years.
E. 
When seated pursuant to § 17-4 hereof, an alternate shall be entitled to participate in all proceedings and discussions of the Commission to the same and full extent as provided by law for Commission members, including specifically the right to cast a vote as a voting member during the proceedings. It shall have all the powers and duties set forth in this Act and as otherwise provided by law. Alternates shall hold no other office in the Borough. An alternate may participate in any proceeding or discussion of the Commission but shall not be entitled to vote as a member of the Commission unless designated as a voting alternate member pursuant to § 17-4.
No Commissioner shall, at the same time, hold an elective or appointed office under the United States Government, the Commonwealth of Pennsylvania, or any political subdivision of the Commonwealth, except that one member of the Commission may be a member of the Borough Council, and one may be a member of the teaching profession in the Commonwealth of Pennsylvania or any political subdivision thereof.
A. 
The Commission first appointed shall organize within 10 days of its appointment and shall elect one of its members as its Chairperson, one as its Vice Chairperson, and one as the Secretary.
B. 
The Commission shall thereafter meet and organize on the first Monday of each even-numbers year. Each Commissioner shall be notified in writing of every meeting. Three members of the Commission shall constitute a quorum. No action of the Commission shall be valid unless it has the concurrence of at least two members.
C. 
If a quorum is not reached because of the absence or disqualification of a member, the Chairperson shall designate as many alternate members of the Commission to sit on the Commission as may be needed to provide a quorum. An alternate member of the Commission shall continue to serve on the Commission in all proceedings involving the matter or case for which the alternate was initially designated until the Commission has made a final determination for the matter or case. Designation of an alternate member pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among the alternates.
D. 
For the purposes of hiring and promoting police officers under these Rules and Regulations, each step of the hiring or promotional process requiring official action by the Commission shall be considered a separate "matter or case" under Subsection C above. Each step of the hiring or promotional process need not be voted upon or approved by the exact composition of commissioners or alternate commissioners, as the case may be, provided that the quorum requirement has been satisfied.
The Chairperson, or in his/her absence, the Vice Chairperson, shall preside at all meetings and hearings of the Commission, decide all points of order or procedure, and perform any duties required by law or these rules.
The Secretary shall, at the direction of the Commission, carry out all official correspondences of the Commission, send out all notices required by law and these Rules, keep a record of each examination or other official action of the Commission, and perform all other duties required by law or these Rules and Regulation. In addition, the Secretary shall be in charge of and be responsible for the safekeeping of the Commission's books, papers, records, and other property.
Except for the biennial organization meeting, all meetings shall be held either at the call of the Chairperson or at the call of two members of the Commission. Consistent with the Sunshine Act, all of the Commission's meetings where action is taken must be open to the public. Hearings on applicant disqualifications must be open to the public, while those concerning suspensions, removals, and reductions in rank can be closed at the officer's request. Otherwise, the Commission shall have the discretion to determine whether meetings shall be open to the public when not explicitly regulated by law or these Rules and Regulations. At least 24 hours' written notice of each meeting shall be given to each member.
A. 
The Commission shall keep minutes of its proceedings and records of examinations and other official actions. All records of the Commission shall be preserved and disposed of according to the Retention and Disposition Schedule for Records of Pennsylvania Municipalities issued by the Local Government Records Committee under the authority of the Municipal Records Act, 53 Pa.C.S.A. § 1381 et seq. All recommendations of applicants for appointment received by the Commission shall be kept and preserved for five years.
B. 
Any records related to any disciplinary action filed with the Commission shall be open to public inspection subject to reasonable regulation unless excepted from disclosure under the Borough Code or Right-to-Know Law. The Secretary shall keep minutes of the Commission's proceedings showing the vote of each member upon each question. If the member is absent or fails to vote, the Secretary shall indicate that fact in the minutes.
A. 
The Borough Council shall furnish the Commission with such supplies and clerical assistance as necessary for the Commission to fulfill its duties. The elected and appointed officials of the Council shall assist the Commission with all reasonable and appropriate efforts, including compensation for any counsel or experts retained by the Commission.
B. 
The Borough Council shall also provide the services of a Solicitor for the Commission to be appointed by the Commission and paid by the Borough. The Borough Council shall have the authority to place a reasonable limit on the amount allowed each year for the services of the Commission Solicitor.
A. 
The Commission may amend, revise, void, or replace these Rules and Regulations for any reason by action of a majority of the Commission at any properly convened meeting of the Commission.
B. 
Before any changes to these Rules and Regulations become effective, those changes must be approved by the Borough Council. These Rules and Regulations, and any amendments thereto, shall be made available to the public for distribution or inspection.
The Commission shall have the power to conduct investigations concerning all matters relating to the administration and enforcement of these Rules and Regulations. The Chairperson of the Commission is authorized to administer oaths and affirmations in connection with such investigations.
A. 
The Commission shall have the power to issue subpoenas over the signature of the Chairperson or designee to acquire and require the attendance of witnesses and the production of records and papers pertaining to any investigation or inquiry. The fees of such witnesses for attendance and travel shall be the same as for witnesses appearing in the courts and shall be paid from appropriations for the incidental expense of the Commission.
B. 
All officers and public service employees of the Borough of Manheim shall attend and testify when required by the Commission.
C. 
If any person refuses or neglects to obey any subpoena issued by the Commission, upon conviction of such refusal or neglect in a summary proceeding, that person shall be sentenced to pay a fine not to exceed $100 and, in default of the payment of such fine and cost, shall be imprisoned not to exceed 30 days.
D. 
If any person shall refuse or neglect to obey any subpoena, the Commission may apply by petition to the Court of Common Pleas of Lancaster County for its subpoena, requiring the attendance of such persons before the Commission or the court to testify and to produce any records and papers necessary, and in default thereof shall be held in contempt of court.
The Commission shall make an annual report to the Borough Council containing a brief summary of its work during the year and a full accounting for any expenditures of public monies. The annual report shall be available for public inspection.