A.
The Commission shall consist of three Commissioners, who shall be
qualified electors of the Township and shall be appointed by the appointing
authority initially to serve for the 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 the appointing authority for the unexpired term
within the period of 30 days after such vacancy occurs.
C.
Each member of the Commission, before entering upon the discharge
of the duties of his or her office, shall take an oath or affirmation
to support the Constitution of the United States and of the Commonwealth
of Pennsylvania and to perform his or her official duties with fidelity.
No Civil Service Commissioner shall receive compensation.
D.
Commissioners shall not receive compensation for the execution of
their duties; however, reasonable expenses incurred during the conduct
of the business of the Commission shall be reimbursed.
A.
The appointing authority may appoint no more than three qualified
electors of the Township to serve as alternate members of the Commission.
B.
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, and shall have
all the powers and duties set forth in the First Class Township Code[1] and as otherwise provided by law.
[1]
Editor's Note: See 53 P.S. § 55101 et seq.
C.
Alternates shall hold no other office in the Township.
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 appointing authority.
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 its Administrator. The Commission
shall thereafter meet and organize on the first Monday of February
of each even-numbered year.
B.
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.
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 this chapter.
The Vice Chairperson, in the absence of the 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 this chapter.
The Administrator shall carry on, at the direction of the Commission,
all official correspondence of the Commission and send out all notices
required by law and this chapter, keep a record of each examination
or other official action of the Commission, and perform all other
duties required by law or this chapter.
A.
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.
B.
The Commission shall have the discretion to determine whether meetings
shall be open to the public when not specifically regulated by law
or this chapter.
C.
The Administrator of the Commission shall give each Commissioner
24 hours' notice in writing, by phone or e-mail of each and every
meeting of the Commission.
D.
The Administrator of the Commission shall record in the minutes of
the meeting the reason for the absence or abstention of any Commissioner.
A.
The appointing authority shall furnish the Commission with such 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.
C.
The elected and appointed officials of the Township shall assist
the Commission with all reasonable and appropriate efforts, including
compensation for any counsel or experts retained by the Commission.
D.
The elected and appointed officials of the Township shall dedicate
a portion of the Township's budget to the administrative and incidental
expenses of the Commission.
A.
The Commission may amend, revise, void or replace this chapter for
any reason by action of a majority of the Commission at any properly
convened meeting of the Commission.
B.
Before any changes to this chapter become effective, those changes
must be approved by the appointing authority.
C.
This chapter, and any amendments thereto, shall be made available
to the public for distribution or inspection.
A.
The Commission shall keep minutes of its proceedings and records
of other official action. All examinations, applications and recommendations
of applicants for appointment to any position within the Police Department
received by the Commission shall be kept and preserved for a period
of 10 years.
B.
In disciplinary matters, the Administrator shall indicate in the
minutes of the Commission's proceedings the vote of each member upon
each charge decided and note any absence or abstention by any Commissioner.
A.
The Commission shall have the power to make investigations concerning
all matters relating to the administration and enforcement of this
chapter.
B.
The Chairperson of the Commission is authorized to administer oaths
and affirmations for witnesses testifying 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 the attendance of witnesses and/or the production of records and papers pertaining to any investigation or inquiry, including any background investigation conducted pursuant to § 32-39 this chapter.
B.
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.
C.
All officers in public service and employees of the Township shall attend and testify when required to do so by the Commission and, in failure thereof, shall be subject to disciplinary action as appropriate within the employee's department in addition to penalties provided in Subsection D below.
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 Delaware 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 to the appointing authority
containing a brief summary of its work during the year and a brief
description of its expected activity for the coming year.
B.
The annual report shall be available for public inspection and shall
include an accounting of any expenditures of public monies.
