The administrative and advisory boards, commissions
and committees specified in this Administrative Code have been or
are hereby established for the proper and efficient conduct of municipal
affairs. The purpose of these boards is to perform duties of a continuing
nature in specific areas as designated by state statute, this Administrative
Code, the Home Rule Charter or other ordinances of the Borough.
A.
The boards designated in the following subsections
have been previously established by ordinance or are established by
this Administrative Code. Additional boards shall, from time to time,
be established by ordinances as deemed necessary by the Borough Council.
However, no additional boards may be created until the Borough Council
has determined that the functions of the proposed board cannot be
feasibly performed by one or more of the existing boards.
B.
Those boards specified as being administrative boards
in this Administrative Code have been or are hereby established within
the requirements of the statutes of the Commonwealth of Pennsylvania
and the laws of the Borough of Malvern. Those boards designated as
administrative boards shall have authority only in the specific areas
of responsibility granted to such boards by the statutes of the Commonwealth
of Pennsylvania, by this Administrative Code, by the Home Rule Charter
or by other ordinances of the Borough.
C.
No administrative board shall have the authority to
spend Borough funds unless provided for in the budget approved by
the Borough Council and unless the expenditure is subsequently approved
by the Borough Manager or a member of the administrative staff authorized
by the Manager. No administrative board shall have the power to enter
into contracts unless otherwise provided by this Administrative Code.
D.
Appointment. The Borough Council shall appoint the
members of administrative boards and commissions. Appointments to
fill vacancies shall be only for the unexpired portion of the term.
E.
Removal. Any member of an administrative board may
be removed prior to the expiration of his/her appointed term by a
majority vote of the Borough Council and in accordance with the laws
of the commonwealth applicable to such board.
F.
Compensation. No member of any administrative board
shall be compensated for his/her duties.
G.
Indemnification. Each member shall be indemnified
against expenses (including attorney's fees), judgments, fines and
amounts paid in settlement actually and reasonably incurred by him/her
in connection with any adverse action by reason of the fact that he/she
is or was a member if the member acted in good faith and in a manner
he/she reasonably believed to be in the best interests of the Borough
and, with respect to any criminal action or proceeding, had no reasonable
cause to believe his/her conduct was unlawful.
(1)
The termination of any action, suit or proceeding
by judgment, order, settlement, conviction or upon a plea of nolo
contendere or its equivalent shall not of itself create a presumption
that the member did not act in good faith and in a manner which he/she
reasonably believed to be in the best interests of the Borough and,
with respect to any criminal action or proceeding, had reasonable
cause to believe that his/her conduct was unlawful.
(2)
To the extent that the member has been successful
on the merits or otherwise in defense of any adverse action, he/she
shall be indemnified against expenses (including attorney's fees)
actually and reasonably incurred by him/her in connection therewith
as of right.
(3)
In all other instances, indemnification should be
made by the Borough only as authorized in a specific case upon a determination
that the indemnification of the member is proper in the circumstances
because he/she has met the applicable standard of conduct set forth
above. Such determination shall be made by the Borough Council.
(4)
Expenses incurred in defending a civil or criminal
action, suit or proceeding shall be paid by the Borough in advance
of the final disposition of such action, suit or proceeding as authorized
by the Borough Council in a specific case upon receipt of an undertaking
by or on behalf of the member to repay such an amount unless it shall
ultimately be determined that he/she is entitled to be indemnified
by the Borough as provided herein.
(5)
The indemnification provided by this subsection shall
not be deemed exclusive of any other rights to which those seeking
an indemnification may be entitled by any contract or as a right.
(6)
The indemnification shall continue as to such person
who has ceased to be a member and shall inure to the benefit of the
heirs, executors and administrators of such person.
H.
Zoning Hearing Board. There shall be in and for the
Borough of Malvern a Zoning Hearing Board as previously created by
the Borough Zoning Ordinance[1] pursuant to the Municipalities Planning Code of the Commonwealth
of Pennsylvania.[2]
I.
Civil Service Commission.
(1)
There shall be in and for the Borough of Malvern a
Civil Service Commission which is hereby established in accord with
Section 707 of the Home Rule Charter:
(a)
To hear appeals pertaining to suspension, dismissal
or reduction in rank of any police officer.
(b)
To conduct all hearings demanded by any Malvern
police officer who has been suspended, dismissed or reduced in rank.
(c)
To issue decisions pertaining to all hearings
demanded by any Malvern police officer who has been suspended, dismissed
or reduced in rank.
(d)
To create and amend as necessary the rules and
regulations for the organization and procedure of the Civil Service
Commission. Such rules and regulations shall be consistent with the
ordinances of the Borough of Malvern, this Administrative Code and
the statutes of the Commonwealth of Pennsylvania. Furthermore, such
rules and regulations shall be approved by the Borough Council.
(2)
The Civil Service Commission shall consist of three
members, each of whom shall be a full- time resident and qualified
elector of the Borough and be appointed by the Borough Council for
a six-year term.
(3)
Members of the Civil Service Commission shall hold
no other office in the Borough.
(4)
Members of the Civil Service Commission shall, during
their first year of service, attend a basic training course that provides
them with the background necessary to understand their duties and
perform them adequately.
(5)
Before entering upon the discharge of the duties of
his/her office, each member of the Civil Service Commission shall
take an oath or affirmation to perform his/her official duties with
fidelity and to support the Constitution of the United States and
the Constitution of the Commonwealth of Pennsylvania.
(6)
Unless a vacancy occurs, the Borough Council shall
appoint not more than one member to the Civil Service Commission in
any calendar year.
(7)
Should a vacancy occur, the Borough Council shall
appoint a member to fill the vacancy only for the unexpired portion
of the term. Such appointments shall be made within a period of 60
days after such vacancy occurs.
(8)
The Civil Service Commission shall be an administrative
board, and, as such, it shall have authority only in the specific
areas of responsibility granted by the following provisions of this
Administrative Code, by the statutes of the Commonwealth of Pennsylvania,
by the ordinances of the Borough or by the rules and regulations of
the Civil Service Commission.
(9)
The Civil Service Commission shall engage a solicitor,
who will be an attorney licensed to practice law in the Commonwealth
of Pennsylvania and who is not the Solicitor to Borough Council, the
Zoning Hearing Board or any other Borough commission or board.
(10)
The powers and duties of the Civil Service Commission
shall include but not be limited to the following:
(a)
To make and alter such rules and regulations
for its own organization and procedure as are necessary and are consistent
with the ordinances of the Borough, this Administrative Code and the
statutes of the Commonwealth of Pennsylvania. Such rules and regulations
shall be approved by the Borough Council.
(b)
Hearings.
[1]
To grant a hearing to any accused police officer
who has been suspended, dismissed or reduced in rank. Such a hearing
shall be timely granted if such accused person complies with the provisions
pertaining to demand for hearings in the rules and regulations established
by the Civil Service Commission to issue a decision within 60 calendar
days after each hearing. Such decisions shall be issued in the form
of a written order approved by at least two members of the Civil Service
Commission. The written order shall include all findings of fact.
If, during the public hearing, opposing facts are presented, the Commission
shall include in its written order its decision as to the correct
facts.
[2]
The findings and decision of the Commission
shall be certified to any person making charges, to the accused officer,
to the Mayor and to the Borough Council. The decisions of the Civil
Service Commission shall have final administrative and executive authority.
Appeals of such decisions may be made in accordance with the laws
of the Commonwealth of Pennsylvania.
(c)
To make investigations concerning all matters
relating to the administration and enforcement of the civil service
rules. The Chairperson of the Commission is authorized to administer
oaths and affirmations for witnesses testifying in connection with
such investigations.
(d)
To issue subpoenas over the signature of the
Chairperson, or designee, to require the attendance of witnesses and
the production of records and papers pertaining to any investigation
or inquiry.
J.
Joint Board of Appeals. The Borough has entered into
an intergovernmental cooperation agreement with East Whiteland Township
and Easttown Township for the purpose of processing appeals brought
pursuant to the Uniform Construction Code, Act 45 of 1999.
The advisory commissions and committees specified
in this Administrative Code have been or are hereby established for
the proper and efficient conduct of municipal affairs. The purpose
of these boards is to perform duties of a continuing nature in specific
areas as designated by this Administrative Code, the Home Rule Charter
or other ordinances of the Borough.
A.
The commissions and committees designated in the following
subsections have been previously established by ordinance or are established
by this Administrative Code. Additional boards shall, from time to
time, be established by ordinance as deemed necessary by the Borough
Council. However, no additional boards may be created until the Borough
Council has determined that the functions of the proposed board cannot
be feasibly performed by one or more of the existing boards.
B.
The boards and commissions specified as being advisory
boards or commissions in this Administrative Code have been or are
hereby established within the requirements of the statutes of the
Commonwealth of Pennsylvania and the laws of the Borough of Malvern
to provide advice, guidance and recommendations to the Borough Council.
No advisory board shall perform administrative duties or have executive
authority.
C.
No advisory board or commission shall have the authority
to spend Borough funds unless provided for in the budget, specifically
approved by the Borough Council and subsequently approved by the Borough
Manager or a member of the administrative staff authorized to do so
by the Manager. The Manager shall assign employees of the Borough
to serve as liaison to and provide staff services to the boards and
commissions where necessary. No advisory commissions or boards shall
have the authority to enter into contracts of any nature.
D.
Appointment. The Borough Council shall appoint the
members of advisory commissions and committees. Appointments to fill
vacancies shall be only for the unexpired portion of the term.
E.
Removal. Any member of an advisory board or commission
may be removed prior to the expiration of his/her appointed term by
the Borough Council and in accordance with the laws of the Commonwealth
of Pennsylvania applicable to such board or commission.
F.
Compensation. No member of any advisory board or commission
shall be compensated for his/her duties.
G.
Officers.
(1)
A Chairman and Vice Chairman of each advisory board
or commission shall be elected by the members of each commission or
board in January of each year. Each such officer shall serve a one-year
term. The Chairman or, in his/her absence, the Vice Chairman shall
preside at all meetings of an advisory board or commission, decide
all points of order or procedure and perform any other duties required
by the statutes of the Commonwealth of Pennsylvania or by the ordinances
of the Borough.
(2)
The members of each advisory board and commission
shall elect either one of their own members or a member of the Borough
administration to act as the Secretary. The Secretary shall serve
a one-year term. The Secretary or his/her designee shall conduct,
at the direction of the advisory board or commission, all official
correspondence of the board or commission, shall keep a record of
each meeting or other official action of the board or commission and
shall perform all other duties required by the board or commission
by this Administrative Code, by the statutes of the Commonwealth of
Pennsylvania or by the ordinances of the Borough.
[Amended 6-16-2020 by Ord. No. 2020-3]
H.
Meetings; procedures for meetings. All meetings and
hearings of advisory commissions and committees shall be open to the
public unless otherwise permitted by law.
(1)
Regular meetings of advisory commissions and committees
shall be held at least once each month on a designated day unless
no matters are pending for consideration.
(2)
Special meetings may be held as needed upon the call
of the Chairman or Vice Chairman, provided that appropriate notice
of each meeting is given to each member and the public in accordance
with the statutes of the Commonwealth of Pennsylvania.
(3)
A quorum shall consist of at least a majority of all
members of the board or commission.
(4)
The Secretary or his/her designee shall keep minutes
of the board's or commission's proceedings, showing the vote of each
member upon each question or, if absent or failing to vote, indicating
such fact.
(5)
A file of all materials and decisions relating to
all official actions of the board or commission shall be kept as part
of the records of each board or commission.
(6)
All official records and files of each board and commission
shall be kept in the Municipal Building and shall be public record
unless otherwise provided by law or regulation.
(7)
All meetings of advisory commissions and committees
shall be conducted in an orderly fashion and in accordance with the
rules delineated in Robert's Rules of Order.
I.
Planning Commission. There shall be in and for the
Borough of Malvern a Planning Commission, as previously created by
Borough ordinance, pursuant to the Municipalities Planning Code of
the Commonwealth of Pennsylvania.[1]
(1)
(2)
Membership.
[Amended 6-19-2012 by Ord. No. 2012-4; 1-6-2014 by Ord. No. 2014-1; 4-16-2019 by Ord. No. 2019-2]
(a)
The Planning Commission shall consist of seven members and one
alternate member, all of whom shall be full-time residents and qualified
electors of the Borough. All members of the Planning Commission shall
be appointed to four-year terms.
(b)
Borough Council may appoint by resolution one full-time resident
and qualified elector of the Borough to serve as an alternate member
of the Planning Commission. The term of office for the initial alternate
member shall expire December 31, 2022, and, upon expiration of the
initial term, the alternate member shall be appointed to four-year
terms. When seated pursuant to the provisions of Section 207 of the
MPC, 53 P.S. § 10207, an alternate member shall be entitled
to participate in all proceedings and discussions of the Planning
Commission to the same and full extent as provided by law for Planning
Commission members, including, specifically, the right to cast a vote
as a voting member during the proceedings. The alternate member shall
not serve as a member of the Zoning Hearing Board or as a Zoning Officer.
Any alternate member may participate in any proceeding or discussions
of the Planning Commission but shall not be entitled to vote as a
member of the Planning Commission unless designated as a voting alternate
member pursuant to Section 207 of the MPC, 53 P.S. § 10207.
(3)
The terms of not more than two members shall expire
each year.
(4)
Should a vacancy occur, the Borough Council shall
appoint a member to fill the vacancy only for the unexpired portion
of the term. Such appointments shall be made within a period of 60
days after such vacancy occurs.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
J.
Parks and Recreation Committee. There shall be in
and for the Borough of Malvern a Parks and Recreation Committee which
is hereby established in accordance with the ordinances and resolutions
of the Borough for the following purposes and organized as follows:
(1)
The Parks and Recreation Committee shall consist of
nine residents of the Borough and be appointed by the Borough Council
for five-year terms.
[Amended 3-15-2016 by Ord. No. 2016-3]
(2)
The terms of at least one member shall expire each
year.
(3)
Should a vacancy occur, the Borough Council shall
appoint a member to fill the vacancy only for the unexpired portion
of the term.
(4)
The Parks and Recreation Committee shall be only advisory
in nature and shall perform no administrative duties. It shall perform
such duties as the Borough Council may request from time to time,
including scheduling and initiating recreational programs for the
benefit of the citizens of the Borough; making recommendations to
Council with respect to the equipping, operation and use of the Borough's
parks, playgrounds and recreations areas; and, in October of each
year, providing the Borough Council with an assessment of the state
of the parks, playgrounds and recreational areas in the Borough.
K.
Shade Tree Commission. There shall be in and for the Borough of Malvern a Shade Tree Commission which is hereby established in accordance with the ordinances and resolutions of the Borough for the following purposes and organized as follows. The Shade Tree Commission shall consist of three residents of the Borough who shall be appointed by Borough Council and shall serve without compensation for their terms of office and with all the rights, powers, duties and obligations set forth in this chapter, as well as those set forth in Chapter 45 and Chapter 220.
[Amended 1-21-2020 by Ord. No. 2020-1]
(1)
Appointments; term of office. The members of the Commission shall
be appointed by the Borough Council for terms of five years, provided
that for the first members of said Commission, one member shall be
appointed for a term of three years, one for a term of four years
and one for a term of five years. On the expiration of the term of
any Commissioner, a successor shall be appointed by the Borough Council
to serve for a term of five years. Vacancies in the office of Shade
Tree Commissioner shall be filled by the Borough Council for the unexpired
term.
(2)
Powers and duties. The Shade Tree Commission shall be empowered to:
(a)
Advise the Borough Council and recommend to individual owners
of private property actions that, in its opinion, should be taken
regarding shade trees consistent with the purposes of promoting public
safety and natural beauty.
(b)
Develop or obtain and make available pertinent educational materials
to members of the community.
(c)
Advise the Planning Commission and Borough Council on applications
for subdivisions and land development as to the appropriateness of
the shade trees on any submitted landscaping plan.
(d)
Advise the Borough Council regarding any matters concerning
shade trees on Borough-owned property, including recommendations for
removal, pruning, treatments, placement or replacement.
(e)
The Shade Tree Commission's functions are strictly advisory
and educational and may include monitoring and inventory activities
from time to time.
(f)
The Shade Tree Commission has the authority to enter onto private
property for the purpose of inventory and/or inspection wherever there
is located a tree, shrub or other plant or plant part suspected of
being diseased, damaged or infested with insects such that such disease
or damage or infestation may cause a hazard to other trees or property
in the Borough and to advise the private owner of its recommendation
to remove, prune and/or treat accordingly. However, any steps or actions
to require a private owner to conduct such activity, or to pay for
such work, shall be the exclusive responsibility of the Borough Council
and Borough Manager.
(3)
Liability. Neither the Shade Tree Commission collectively nor any of its members individually shall be held liable for any action taken by the Borough Council under this chapter nor under Chapter 48 (Shade Tree Code) nor Chapter 220 (Zoning) nor any other chapter where shade trees are regulated by the Borough.
L.
Historical Commission. There shall be in and for the
Borough of Malvern a Historical Commission which is hereby established
in accordance with the ordinances and resolutions of the Borough for
the following purposes and organized as follows:
(1)
Said Commission shall consist of seven members who
must be residents of the Borough of Malvern.
(2)
Said Commission shall be appointed by the Borough
Council.
(3)
The terms of office of the members of said Commission
shall be as follows: two members for two years, two members for three
years, two members for four years, and one member for five years.
Thereafter, the terms shall be for five years.
(4)
A vacancy on the Commission shall be filled by the
Borough Council for the unexpired term.
(5)
The Commission shall have the right to make recommendations
for appointees to the Borough Council for unfulfilled terms and full
terms.
(6)
Compensation. The members of the Historical Commission
shall serve without compensation, but they may be reimbursed for expenses
necessary to carry out the objectives of the Commission when those
expenses are deemed necessary and appropriate and approved by Borough
Council.
(7)
The Borough Council of the Borough of Malvern may,
after a duly advertised public hearing, remove any member of the Commission
from office for inefficiency, neglect of duty, malfeasance in office
or conflict of interest.
(8)
The Commission shall elect its own Chairman and shall
create and fill such other offices as deemed proper. The Commission
shall make and alter its rules of procedure consistent with the ordinances
of the Borough and the laws of the Commonwealth of Pennsylvania. It
shall keep records of its resolutions, transactions, findings and
determinations, and such records shall be considered public records,
except when contrary to the public interest as determined by the Borough
Council pursuant to applicable statutes, ordinances or other rules
and regulations. A majority of the commission shall constitute a quorum,
and action taken at any meeting shall require the affirmative vote
of that majority.
(9)
Duties shall be as follows:
(a)
To record the history of Malvern Borough and
its significant architectural, historic and natural sites.
(b)
To gather documentary evidence, illustrations,
photographs and all other appropriate materials which will establish
architecture and sites as significant and worthy of preservation.
(c)
To prepare regular reports of its activities
for the Borough Council, as well as specific reports as may, from
time to time, be requested by the Borough Council.
(d)
In conjunction with its recordation of the history
of the Borough, to prepare an index of significant and architectural,
historical and natural sites for use and information by Borough officials
and the citizens of the Borough.
(e)
To cooperate with all Borough officials and
agencies in relation to the preservation and restoration of historic
structures and sites, including the possible acquisition and use of
the same by the Borough.
(f)
To consider, promote and, with the approval
of Borough Council, to apply for technical and financial assistance
from all appropriate local, county, state, federal and other agencies
in the preservation of significant architecture and natural and historic
sites within the Borough of Malvern and to report all related action
to the Borough Council.
(g)
To prepare and submit a yearly budget to the
Borough Council for sums deemed necessary to carry out the objectives
of the Historical Commission. The Borough Council may appropriate
from the general Borough funds such funds as may be necessary and
available for the work of the Historical Commission in the year for
which the appropriation is made.
M.
Ad hoc boards.
(1)
Ad hoc boards or task forces may be established as
deemed necessary by the Borough Council in accordance with the requirements
of the ordinances and Home Rule Charter of the Borough and this Administrative
Code. Such boards or task forces shall be created only for specific
and temporary purposes. The exact purpose, composition, and term of
such boards shall be specified by Borough Council at the time each
ad hoc board is created.
(2)
All ad hoc boards shall be advisory boards and, as
such, they shall be advisory in nature and shall perform no administrative
duties. Ad hoc boards shall have the authority and responsibility
to seek findings of fact, express opinions or make recommendations
in the specific areas of responsibility granted to such boards at
the time of their establishment.
N.
Environmental Advisory Council. There shall
be in and for the Borough an Environmental Advisory Council, which
is hereby established in accordance with the ordinances and resolutions
of the Borough for the following purposes and organized as follows:
[Added 11-19-2019 by Ord.
No. 2019-10]
(1)
The Environmental Advisory Council shall
be composed of seven residents of the Borough who shall be appointed
by the Borough Council and shall serve without compensation as follows:
two members for a term of two years; two members for a term of three
years; and three members for a term of four years. On the expiration
of the term of any member of the Environmental Advisory Council, his/her/their
successor(s) shall be appointed by the Borough Council to serve for
a term of three years.
(2)
The Environmental Advisory Council shall
be empowered to:
(a)
Advise the Borough Council, commissions,
boards, councils and other Borough agencies on, and promote education
about, issues relating to the management, promotion, use, protection
and conservation of the Borough's natural resources, including air,
land, and water resources, and residents' enjoyment thereof;
(b)
Work with the Borough's agencies
and other partners to maintain and develop the natural resources in
the Borough in a way that will continue to attract and retain residents,
visitors, and businesses without compromising ecological integrity;
(c)
Identify environmental problems and
recommend plans and programs to the Borough Council;
(d)
Provide technical expertise on environmental
aspects of subdivisions and land developments generally and providing
environmental advice on specific projects or properties upon request
of the Borough Council or the Borough Planning Commission; and
(e)
Recommend plans and programs, including
proposed ordinances or amendments to the ordinances of the Borough,
for the promotion and conservation of the natural resources of the
Borough.
(3)
The Borough Council may appropriate from
the general funds such sums as may be necessary and available for
the work of the Environmental Advisory Council in the year for which
the appropriation is made. Such appropriation(s) may be expended for
administrative, clerical, printing, outreach/education, and/or legal
services.
Only Borough Council shall have the authority
to hire or promote a full-time police officer. Borough Council may,
in consideration of any applicant, request information or advice from
the Chief of Police, Mayor or Borough Manager. The provisions of this
Administrative Code shall not operate to change the terms of employment
of any police officer employed by the Borough prior to January 1,
2009.
A.
Qualifications. All candidates for a police officer
position, whether full-time or part-time, must have completed all
steps necessary to receive certification by the Municipal Police Officers'
Education and Training Commission (MPOETC) and be fully qualified
to receive verification of certification upon hiring. No candidates
will be considered who are less than 20 years of age. In addition
to the MPOETC qualifications, candidates for a full-time position
shall be required to take a polygraph test. Any officer who is hired
who subsequently has his or her certification revoked shall be subject
to immediate dismissal.
B.
Probationary period. All full-time appointments to
any position on the police force shall be for a probationary period
of one year. During that period, the Chief of Police will monitor
the appointee's performance and report any inadequacies to the Mayor.
If, at any time during the probationary period, the Chief of Police
and Mayor determine that the officer's performance is unsatisfactory,
the officer may be terminated by Borough Council. If, at the end of
the one-year probationary period, the Chief of Police and Mayor determine
that the officer's performance is not yet adequate to justify a permanent
appointment but that the officer is likely to improve, the probationary
period may be extended for a period up to but not to exceed three
months. Such extension of the probationary period shall be in writing,
and no person shall be in a probationary status in excess of 15 months.
Officers terminated during the probationary period or any extension
thereof shall have no right to appeal to the Civil Service Commission.
