A.
The Commission shall consist of three Commissioners who shall be
qualified electors of the Borough of Manheim and shall be appointed
by the municipal governing body 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 the municipal governing body for the unexpired
term within a period of 30 days after such vacancy occurs.
C.
Each member of the Commission, before entering upon the discharge
of the duties of his/her office, shall take an oath or affirmation
to support the Constitution of the United States and the Constitution
of the Commonwealth of Pennsylvania and to perform his/her official
duties with fidelity. No Civil Service Commissioner shall receive
compensation.
D.
The Borough Council may appoint no more than three qualified electors of the Borough to serve as alternate members of the Commission. The term of office of the alternate members shall be six years. When seated pursuant to § 17-5 hereof, 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 of the powers and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other office in the Borough. 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 § 17-5.
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 Council of the Borough
and one may be a member of the teaching profession in the Commonwealth
of Pennsylvania or any political subdivision thereof.
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 the Secretary. The Commission
shall thereafter meet and organize on the first Monday of each even-numbered
year. Each Commissioner shall be notified in writing of each and every
meeting. Three members of the Commission shall constitute a quorum.
If, by reason of absence or disqualification of a member, a quorum
is not reached, the Chair 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. No action of the Commission shall be valid unless
it shall have the concurrence of at least two members.
The Chairperson, or, in his/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 these Rules.
The Secretary shall, at the direction of the Commission, see
to it that all official correspondence of the Commission is done and
all notices required by law and these Rules of procedure are sent
out, keep a record of each examination or other official action of
the Commission, and perform all other duties required by law, by these
Rules and by the Commission.
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. At least 24 hours' written notice
of each meeting shall be given each member. The Commission shall have
the discretion to determine whether meetings shall be open to the
public when not specifically regulated by existing law.
Regular meetings of the Commission shall be as follows:
A.
The Commission shall keep minutes of its proceedings and records
of examinations and other official actions. 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.
All recommendations of applicants for appointment received by the
Commission shall be kept and preserved for a period of five years.
B.
Any and all records related to any disciplinary action filed with the Commission shall be open to public inspection, subject to reasonable regulation. The Secretary shall keep minutes of the Commission's proceedings showing the vote of each member upon each question. If a member is absent or fails to vote, the Secretary shall indicate that fact in the minutes. All recommendations of applicants for appointment received by the Commission shall be kept and preserved for a period of five years, and all records and all written causes of removal filed with the Commission, except as otherwise provided in § 17-57, shall be open to public inspection and subject to reasonable regulation.
The municipal governing body shall furnish to the Commission
on its requisition clerical assistance that may be necessary for the
Commission. The municipal governing body shall provide a suitable
and convenient room for the use of the Commission. The Commission
shall order from the municipal governing body as necessary stationery,
postage, printing and supplies. The municipal governing body shall
also provide the services of a Solicitor for the Commission, to be
appointed by the Commission and paid by the municipal governing body.
The municipal governing body shall have the authority to place a reasonable
limit on the amount allowed each year for the services of the Commission
Solicitor. The elected and appointed officials of every borough shall
aid the Commission in all proper ways in carrying out the provisions
of this chapter relating to civil service.
The Commission shall have power to prescribe, amend and enforce
Rules and Regulations for carrying into effect the provisions of this
chapter and shall be governed thereby. Before the effective date of
the Rules and Regulations, or amendments thereto, the same shall be
first approved by the municipal governing body. When the Rules and
Regulations, or amendments, have been approved, they shall not be
annulled, amended, or added to, without the approval of Council. All
Rules and modifications shall be made available by the municipal governing
body for public distribution or inspection.
The Commission shall have the power to make 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, or designee, to acquire and require the attendance
of witnesses and the 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 expense of
the Commission.
B.
All officers and public service employees of the Borough of Manheim
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 costs
shall be imprisoned for a period not to exceed 30 days.
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 Lancaster 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.
The Commission shall make an annual report to the municipal
governing body containing a brief summary of its work during the year
and a full accounting for any expenditure of public moneys. The annual
report shall be available for public inspection.
