A.
The Commission shall consist of three Commissioners who shall be
qualified electors of the Municipality of Monroeville and who shall
be appointed by the Municipal Council initially to serve for terms
of two, four, and six years, and as terms thereafter expire shall
be appointed for terms of six years.
B.
Any vacancy occurring in the Commission for any reason whatsoever
shall be filled by Council for the unexpired term within the period
of 30 days after such vacancy occurs.
C.
Municipal Council may appoint no more than three alternate members of the Commission who shall be qualified electors of the Municipality of Monroeville. The term of office of the alternate members shall be six years. When seated pursuant to § 21-4, 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 Commissioners, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in these Rules and Regulations and as otherwise provided by law. Alternates shall hold no other office in the Municipality. 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 § 21-4.
D.
Each member of the Commission, including alternate members, before
entering upon the discharge of the duties of their office, shall take
the following oath:
"I do solemnly swear (or affirm) that I will support, obey and
defend the Constitution of the United States and the Constitution
of the Commonwealth and that I will discharge the duties of my office
with fidelity."
E.
The Civil Service Commission shall receive no compensation.
No Commissioner shall at the same time hold an elective, appointed,
or employment office under the United States Government, the Commonwealth
of Pennsylvania or any political subdivision of the Commonwealth;
except one member of the Commission may be a member of Council of
the Municipality, and one member may be of the teaching profession.
A.
The Commission shall have three members and upon appointment shall
organize within 10 days of its appointment and shall elect one of
its members as its Chairperson, one of its members as its Vice-Chairperson
and one of its members as the Secretary.
B.
The Commission shall thereafter meet and organize on the first Monday
of each even-numbered year.
C.
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.
D.
If, by reason of absence or disqualification of a member, a quorum
is not reached, 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 of 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. If alternates are of equal seniority, alternates shall
be designated on a rotating basis in alphabetical order based on the
alternates' last names.
The Chairperson, or in his or 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 by the within rules and regulations.
The Secretary shall carry on, at the discretion of the Commission,
all official correspondence of the Commission, send out all notices
required by law and by these Rules and Regulations, keep a record
of each examination or other official action of the Commission, and
perform all other duties required by law or by these Rules and Regulations.
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. Unless all members shall waive the requirement,
a minimum of 24 hours' written notice of each meeting shall be
given each member. Except when otherwise provided in these Rules or
by Pennsylvania law, meetings shall be open to the public unless a
public meeting would breach the normal confidentiality of employee
data. All rules or regulations of the Commission shall be adopted
at a public meeting following the regulations of the Pennsylvania
Sunshine Act.[1]
[1]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
A.
The governing body shall furnish the Commission with supplies and
clerical assistance as may be necessary for the Commission to fulfill
its duties.
B.
The Commission may retain counsel, and any other consultants or experts,
including physicians and psychiatrists, as are necessary, with prior
written notice to the Municipality of Monroeville of its intention
to do so.
C.
The elected and appointed officials of the Municipality of Monroeville
shall assist the Commission with all reasonable and appropriate efforts
including compensation for any counsel or experts retained by the
Commission.
A.
The Commission shall have the power to prescribe, amend, revise,
void, replace, or enforce the Rules and Regulations for carrying into
effect the provisions of Article X, Section 1001 of the Home Rule
Charter and references to the Borough Code 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,
the Municipal Council must approve and adopt them by a public vote.
C.
These Rules and Regulations, and any amendments thereto, shall be
made available to the public for distribution and inspection.
A.
The Commission shall keep minutes of its proceedings and records
of examinations and other official action.
B.
All records of the Commission shall be preserved and disposed of
according to Retention and Disposition schedule for Records of Pennsylvania
Municipalities issued by the Local Government Records committee under
the authority of the Municipal Records Act. 1968 P.L. 961, No. 428,
53 P.S. 9001.[1]
[1]
Editor's Note: See now 53 Pa.C.S.A. § 1381
et seq.
C.
The Secretary, or in his absence, the Vice-Chairman, shall keep minutes
of its proceedings showing the vote of each member upon each question.
D.
If the member is absent or fails to vote, the Secretary, or in his
absence the Vice-Chairman, shall indicate that fact in the minutes.
E.
A copy of all minutes and records shall be filed with the Municipal
Manager and such copies shall be maintained within the physical confines
of the Monroeville Municipal Building.
B.
The fees of 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.
C.
All officers in public service and employees of the Municipality
of Monroeville shall attend and testify at a duly called Civil Service
Commission meeting when required to do so by the Commission.
D.
If any person shall refuse or neglect to obey any subpoena issued
by the Commission, upon conviction of such refusal or neglect in a
summary proceeding, that person may be sentenced to pay a fine not
to exceed $100 and in default of the payment of such fine and cost
may be imprisoned not to exceed 30 days.
E.
If any person shall refuse or neglect to obey any subpoena, the Commission
may apply by petition to the Court of Common Pleas of Allegheny 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.
A.
The Commission shall make an annual report by January 15 to the Municipal
Council.
B.
The Commission's annual report shall contain a brief summary
of its work during the prior year and a full accounting for any expenditure
of public monies.
C.
The annual report shall be available for public inspection.
A.
The Commission shall, after its biennial reorganization meeting,
meet to review, in their entirety, the Civil Service Rules and Regulations
in effect at that time.
B.
Upon completion of the review, the Commission shall submit a report
to Council with its recommendations for possible updates and modifications
to the Rules and Regulations.
C.
If the Commission recommends no changes to the Rules and Regulations,
then the report will indicate as such.
