[HISTORY: Adopted by the City Council of the City of Clairton 12-28-1989 by Ord. No. 1458. Amendments noted where applicable.]
Personnel — See Art. XVI.
Personnel Board — See Art. XVII.
There is hereby created a Personnel Board in and for the City of Clairton. The Board shall be composed of five members, to be appointed by the Council from the registered electors of the City within 90 days after the first organizational meeting after the City's Home Rule Charter shall take full effect.
In appointing members to the first Board under the provisions of this chapter, the Council shall designate two members to serve for terms of three years, two members for terms of two years and one member for a term of one year. Thereafter, all appointments to the Board shall be for terms of three years. Members may be removed by the Council at any time with or without cause.
No member shall be eligible to serve on the Personnel Board for more than two consecutive full three-year terms. After the expiration of two years from the date of a member's last service on the Board, such individual shall be eligible for reappointment to the Board.
The members of the Board shall serve without pay, and any vacancy occurring on the Board for any reason whatsoever shall be filled by the Council for the unexpired term within 30 days after such vacancy occurs.
The Personnel Board first appointed shall organize within 10 days of its appointment and shall elect one of its members as Chairperson and one as Secretary. The Board shall thereafter meet and organize on the first Monday of January of each even-numbered year. The Secretary of the Board shall give each member 24 hours' notice of every meeting of the Board. Three members of the Board shall constitute a quorum, and no action of the Board shall be valid unless it shall have the concurrence of at least a majority of the members present.
The City shall furnish to the Board, on its requisition, such clerical assistance and supplies as may be necessary for the work of the Board. The City shall provide a suitable and convenient room for the use of the Board. The Manager and Council shall provide special legal counsel upon request of the Board in complex cases.
The Board shall keep minutes of any proceedings before it and records of other official actions. Such records shall be kept and preserved in accordance with general law. A stenographic record of all testimony taken at Board hearings shall be filed with and preserved by the Board, which record shall be sealed and, in the event the charges are dismissed, not be available for public inspection.
The Personnel Board shall have jurisdiction in all cases involving career service employees who have been suspended, removed, reduced in rank or demoted, except career service employees represented by bargaining units which have executed contracts with the City which provide for grievance procedures dealing with suspension, removal, reduction in rank or demotion. Where such grievance procedures exist, it is the intent of this chapter to exclude appeal to the Personnel Board.
It shall be the function and duty of the Personnel Board to grant a hearing to an employee who has been suspended, removed, reduced in rank or demoted upon the request of such employee. The Board shall hear and render a decision on every appeal properly brought before it. All parties shall have the right of further appeal as provided in the Local Agency Law, Act of 1968, December 2, P.L. 1133, as now or hereafter amended, supplemented, reenacted or supplied.
Editor's Note: See 2 Pa.C.S.A. §§ 105, 551 et seq., and 751 et seq.
The first Personnel Board established under this chapter shall, within 90 days of its organization, set forth, in writing, the rules and procedures which shall govern appeals as permitted herein. Such rules and procedures shall comply with Section 1607(b) and shall otherwise comply with the provisions of the Local Agency Law.
Editor's Note: See Section 1607(b) of the Home Rule Charter.
The rules of the Board shall further provide that no order of suspension made by the Board shall be for a period longer than one year, and that the Board may sustain the charges or reduce the length of suspension or dismiss the charges.
All hearings of appeal involving career service employees shall be closed to the public unless otherwise requested by the employee taking the appeal.
The rules and procedures established by the Board and any revisions or amendments thereto shall, before adoption by the Board, be approved by the Council, after review by the Council and the Manager.
The personnel procedures or policies established under the provisions of this chapter shall not be in conflict with acts of the General Assembly providing for collective bargaining and arbitration.
The Board shall render its decision within 30 days of the receipt of the transcript.
In the event that the appellant is cleared of all charges, then the appellant shall be reinstated to the position, with full pay for the period during which the appellant was suspended, removed, reduced in rank or demoted.
Upon such acquittal and after the expiration of all time for appeal, all references to the charge, hearing and decision shall be maintained as confidential records of the City.