[HISTORY: Adopted by the Borough Council of the Borough of
Franklin Park at time of adoption of Code (see Ch. 1, General Provisions,
Art. I).[1] Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 56.
The Civil Service Commission shall consist of three members,
who shall be qualified electors of the Borough of Franklin Park and
shall be appointed by the Borough Council to serve for terms of six
years. 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.
Any vacancy occurring in the Commission for any reason shall
be filled by the Borough Council for the unexpired term within a period
of 30 days after the date such vacancy occurs.
The Commission shall meet and organize on the first Monday of
each even-numbered year and shall elect one of its members as the
Chairman and one as the Secretary. The Secretary of the Commission
shall give each Commissioner 24 hours' notice, in writing, of
each and every meeting of the Commission.
Three 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. If by reason of absence or disqualification
of a member a quorum is not reached, the Chairman shall designate
as many alternate members of the Commission to sit on the Commission
as may be needed to provide a quorum.
The Borough shall:
A.
Furnish to the Commission, on its requisition, clerical assistance
that may be necessary for the work of the Commission.
B.
Provide a suitable and convenient room for the use of the Commission.
The Commission shall order from the Borough the necessary stationery,
postage, printing and supplies.
C.
Provide the services of a solicitor for the Commission, to be appointed
by the Commission and paid by the Borough. The Borough may place a
reasonable limit on the amount allowed each year for the services
of the Commission Solicitor.
D.
Through its elected and appointed officials, aid the Commission in
all proper ways in carrying out the provisions of this chapter relating
to civil service.
The Commission may prescribe, amend and enforce rules and regulations
for carrying into effect this chapter and shall be governed by the
rules and regulations. Before the effective date of the rules and
regulations or amendments to them, they shall be first approved by
Council. If the rules and regulations or amendments have been approved,
they shall not be annulled, amended or added to without the approval
of Borough Council. All rules and regulations and modifications shall
be made available by the Borough for public distribution or inspection.
The Commission shall maintain minutes of its proceedings and
records of examinations and other official actions. All recommendations
of applicants for appointment received by the Commission shall be
kept and preserved for a period of five years; and all records and
all written causes of removal filed with the Commission, except as
otherwise provided in Section 1191 of the Borough Code[1] (relating to hearings on dismissals and reductions), shall
be open to public inspection and subject to reasonable regulation.
[1]
Editor's Note: See 8 Pa.C.S.A. § 1191.
The Commission may conduct investigations concerning all matters
touching the administration and enforcement of Chapter 11, Subchapter
J of the Borough Code, this chapter, and rules and regulations adopted
under this chapter. The Chairman of the Commission may administer
oaths and affirmations in connection with the investigations.
The Commission shall have the power to issue subpoenas over
the signature of its Chairman and to 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 expenses of the Commission
by the Borough Council. All officers in public service and all municipal
employees shall attend and testify when required to do so by the Commission.
If any person shall refuse or neglect to obey any subpoena issued
by the Commission, he shall, upon conviction thereof in a summary
proceeding, be sentenced to pay a fine not in excess of $100 and,
in default of the payment of such fine and costs, shall be imprisoned
in the Allegheny County Jail for a period not to exceed 30 days. If
any person shall refuse or neglect to obey any subpoena issued by
the Commission, the Commission may apply by petition to the Court
of Common Pleas of Allegheny County, Pennsylvania, for its subpoena,
requiring the attendance of such person or persons before the Commission
or the Court to testify and to produce any records and papers necessary
and, if the person defaults, the person 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, which shall
be available for public inspection. Such report shall be submitted
to the Borough Council on or before the regular Borough Council meeting
to be held during the month of February in the year immediately following
the year covered by such report.
A.
The Commission shall make rules and regulations, to be approved as in § 17-6, providing for the examination of applicants for positions in the police force and for promotions, which rules and regulations shall prescribe the minimum qualifications of all applicants to be examined and the passing grades. All examinations for positions and promotions shall be practical in character 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.
B.
Each applicant for an original position shall:
(1)
Be subject to the regulations adopted by the Commission.
(2)
Either before or after the written examination, submit to a physical
fitness or agility examination that is job-related and consistent
with business necessity.
(4)
Be subject to a background investigation. Background investigations
may be restricted to those candidates on an eligibility list or those
to be certified to Borough Council for appointment in accordance with
Section 1184 of the Borough Code (relating to eligibility list and
manner of filling appointments).[2]
[2]
Editor's Note: See 8 Pa.C.S.A. § 1184.
Public notice of the time and place of every examination, together
with the information as to the kind of position to be filled, shall
be given by publication once in a newspaper of general circulation
at least two weeks prior to each examination, and a copy of the notice
shall be prominently posted in the office of the Commission or other
public place. The Commission shall post in its office the eligibility
list containing the names and grades of those who have passed the
examination.
Each member of the Commission, before entering upon the discharge
of the duties of office, shall take an oath or affirmation of office
under 53 Pa.C.S.A. § 1141 (relating to form of oaths of
office).
The Civil Service Commissioners and alternates shall receive
no compensation.
