A.
The Commission shall consist of three Commissioners who
shall be qualified electors of the Borough of Catasauqua. Pursuant to the
Borough Code, the Commissioners were originally appointed by the Borough Council
to serve for the terms of two, four and six years, and as terms expire, Commissioners
shall be appointed for terms of six years.
B.
Any vacancy occurring on the Commission for any reason
whatsoever shall be filled by the Borough Council for the unexpired term within
the period of 30 days after such vacancy occurs.
C.
Members of the Commission, before entering upon the discharge
of the duties of their office, shall take an oath or affirmation to support
the Constitution of the United States and of the Commonwealth of Pennsylvania
and to perform their official duties with fidelity. No Civil Service Commissioner
shall receive compensation.
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, including the Borough of
Catasauqua, except that one member of the Commission may be a member of the
teaching profession.
The Commission first appointed shall organize within ten days of its
appointment and shall elect one of its members as its Chairperson, one as
Vice Chairperson and one as the Secretary. The Commission shall thereafter
meet and organize on the first Monday of February of each even-numbered year.
Two 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.
The Chairperson, or in his 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 and regulations.
The Secretary shall carry on at the direction of the Commission all
official correspondence of the Commission, send out all notices required by
law and 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 these rules and regulations. If the Secretary is unavailable, or
if, in the sole discretion of the Chairperson, the Chairperson determines
that it is appropriate to expedite the business of the Commission, the Chairperson
may assume the ministerial duties of the Secretary.
Except for the biennial organizational meeting, all other meetings shall
be held either at the call of the Chairperson or at the call of two members
of the Commission. All meetings shall be open to the public except as provided
by applicable law. At least 48 hours' written notice of each public meeting
shall be given to each member. Meeting notices to the public shall conform
to law and these rules and regulations. The order of business of all Commission
meetings shall include but not be limited to:
Borough Council shall furnish the Commission with supplies and clerical
assistance as may be necessary for the Commission to fulfill its duties. In
addition, the Commission shall select and retain counsel to serve as its Solicitor
and any other consultants or experts, including physicians and psychiatrists/psychologists,
as necessary. The elected and appointed officials of the Borough shall assist
the Commission with all reasonable and appropriate expenses, including payment
of reasonable compensation for any counsel or experts retained by the Commission.
A.
The Commission shall keep minutes of its proceedings
and records of examinations and other official action. 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, 1968, P.L. 961, No. 428, 53 P.S. § 9001.
B.
Any and all records related to disciplinary action filed
with the Commission shall only be open to public inspection upon completion
of the disciplinary proceeding and a finding that at least one of the charges
was sustained. Upon request of the police officer during the pendency of a
disciplinary action, these records shall be open to public inspection subject
to reasonable regulation. The Secretary shall keep minutes of its 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.
The Commission shall have the power to initiate and 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, to require the attendance of witnesses
and 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.
B.
All officers in public service and employees shall attend
and testify when required to do so by the Commission.
C.
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 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
for a period not to exceed 30 days.
D.
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 Lehigh County for its subpoena, requiring the attendance
of such person before the Commission or the Court to testify and to produce
any records or papers necessary, and in default thereof to be held in contempt
of court.
E.
The Commission shall have the power to make investigations
concerning all matters pertaining to any investigation, inquiry or hearing.
The Chairperson is authorized to administer oaths and affirmations in connection
with such investigations.
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. The report shall be filed on or before April 1 of the following
year.
