[HISTORY: Adopted by the City Council of the City of Clairton 12-28-1989 by Ord. No.
1458. Amendments noted where applicable.]
CHARTER REFERENCES
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.
A.
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.
B.
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.
A.
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.
B.
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.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 105,
551 et seq., and 751 et seq.
A.
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)[1] and shall otherwise comply with the provisions of the
Local Agency Law.
[1]
Editor's Note: See Section 1607(b) of the Home Rule Charter.
B.
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.
C.
All hearings of appeal involving career service employees shall be
closed to the public unless otherwise requested by the employee taking
the appeal.
D.
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.
E.
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.
A.
The Board shall render its decision within 30 days of the receipt
of the transcript.
B.
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.
C.
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.
