A.
Commissioners (primary).
(1)
The Commission shall consist of three Commissioners, who shall be
qualified electors of the Borough and shall be appointed by the Borough
Council 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.
(2)
Any vacancy occurring in the Commission (primary) 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.
(3)
Each member of the Commission (primary) created by this subsection,
before entering upon the discharge of the duties of his office, shall
take an oath or affirmation of office pursuant to 53 Pa.C.S.A. § 1141
(relating to form of oaths of office). The Civil Service Commissioners
shall receive no compensation.
B.
Commissioners (alternate).
(1)
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 shall be six years. 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,
but shall not be entitled to vote as a member of the Commission unless
designated as a voting alternate member pursuant to Section 1174 of
the Pennsylvania Borough Code[1] and outlined in § 27-5B and C of these civil service rules and regulations. Alternate members shall hold no other office in the Borough.
[1]
Editor's Note: See 8 Pa.C.S.A. 1174.
(2)
Each member of the Commission (alternates) created by this subsection,
before entering upon the discharge of the duties of the office, shall
take an oath or affirmation of office pursuant to 53 Pa.C.S.A. § 1141
(relating to form of oaths of office). The Civil Service Commissioners
shall receive no 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,
except that one member of the Commission may be a member of the Borough
Council and one member may be a member of the teaching profession.
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 Secretary. The Commission
shall thereafter meet and organize on the first Monday of January
of each even-numbered year. 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.
B.
If by reason of absence or disqualification of a member a quorum
is not reached, the Chairman shall designate as many alternate members
of the Commission to sit on the Commission as may be needed to provide
a quorum. Any 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 shall be made on a case-by-case basis in rotation
according to declining seniority among all alternates. No action of
the Commission shall be valid unless it shall have the concurrence
of at least two members.
C.
For purposes of hiring and promoting police officers under these rules, each step of the hiring or promotional process requiring official action by the Commission shall be considered a separate matter or case under Subsection B above, and each step of the hiring or promotional process need not be voted upon or approved by the same composition of Commissioners or alternate Commissioners, as the case may be, provided that the quorum requirement has been satisfied.
The Chairperson or, in his or her absence, the Vice Chairperson
shall preside at all meetings and hearings of the Commission, decide
all points of order or procedure, and perform all duties required
by law including these rules and regulations.
The Vice Chairperson shall act in the absence of the Chairperson
in carrying out the duties of the Chairperson and perform all duties
required by law including these rules and regulations.
The Secretary, under the direction of the Commission, shall
handle all official correspondence of the Commission, including the
recording of votes cast by the Commissioners, send out all notices
required by law including these rules and regulations, keeping a record
of each examination or other official action of the Commission, and
perform all other duties required by law including these rules and
regulations. The Borough Manager shall be available to assist the
Secretary when reasonably requested by the Commission.
A.
Except for the biennial organizational meeting, all meetings shall be held either at the call of the Chairperson or at the call of two members of the Commission. The Commission shall have the discretion to determine whether meetings shall be open to the public when not specifically regulated by law or these rules and regulations. Each Commissioner shall be notified in writing of each and every meeting. In all cases regarding meetings, including scheduling, the Board shall follow the provisions provided for pursuant to 65 Pa.C.S.A. Ch. 7, as amended, and commonly known as the "Sunshine Law."
The Borough shall furnish to the Commission, on its requisition,
clerical assistance that may be necessary for the work of the Commission.
The Borough shall provide a suitable and convenient room for the use
of the Commission. The Commission shall order from the Borough the
necessary stationery, postage, printing and supplies. The Borough
shall also provide the services of a solicitor for the Commission,
to be appointed by the Commission and paid by the Borough. The Borough
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 the Borough shall aid the Commission
in all proper ways in carrying out the provisions of this subsection
relating to civil service.
The Commission shall appoint experienced written examination, oral examination administrators and physical agility examination administrators to conduct appropriate examinations required by these rules and regulations. The Borough Council shall have the responsibility to appoint the physical and psychological examiner, as outlined in § 27-35 of these rules and regulations.
The Commission may amend, revise, void or replace these rules
and regulations for any reason by action of a majority of the Commission.
Before any changes to these rules and regulations become effective,
those changes must be approved by the Borough Council. These rules
and regulations, and any amendments thereto, once approved by the
Borough Council, shall be made available to the public for distribution
or inspection, as amended.
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 of 1968, P.L. 961, No. 428, 53 P.S. § 9001,
as amended.
B.
Any and all records related to any disciplinary action filed with
the Commission shall be open to public inspection subject to reasonable
regulations. The Secretary shall keep minutes of the 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 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 his designee, to 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 expenses of the Commission.
B.
All officers in public service and employees of Sewickley Borough
shall attend and testify when required to do so by the Commission.
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 not to exceed 30 days.
C.
If any person shall refuse or neglect to obey any subpoena, the Commission
may apply by petition to the Court of Common Pleas of Allegheny County,
Pennsylvania, for its subpoena, requiring the attendance of such persons
before the Commission or the court to testify and to produce any records
and papers as necessary and, in default, shall be held in "contempt
of court."
A.
The Commission shall make an annual report to the Borough Council
containing a brief summary of its work during the year and shall make
a full accounting for any expenditure of public monies. The annual
report shall be then available for public inspection.
B.
Such report, on the prior year's activities, shall be provided
to the Borough Council on or before the 31st day of January of each
year. Such report shall further comply with Section 1191 of the Pennsylvania
Borough Code,[1] which provides that the report should not reference the
record of any hearing on a dismissal or reduction where such charges
have been dismissed, as the Borough Code requires that such records
shall be sealed.
[1]
Editor's Note See 8 Pa.C.S.A. § 1191.