Borough of Sewickley, PA ARTICLE II Civil Service Commission

§ 27-3 Members.

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.

§ 27-4 Offices incompatible with position of Commissioner.

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.

§ 27-5 Organization of Commission; quorum.

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.

§ 27-6 Duties of Chairperson.

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.

§ 27-7 Duties of Vice Chairperson.

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.

§ 27-8 Duties of Secretary.

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.

§ 27-9 Meetings.

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."

B. The order of business for all meetings shall be as follows:

(1) Roll call.

(2) Public comments (agenda items).

(3) Approval of previous meeting's minutes.

(4) Communications and reports.

(5) Unfinished business.

(6) Hearing of cases.

(7) New business.

(8) Public comments (general).

(9) Adjourn.

§ 27-10 Clerical assistance, supplies, solicitor, etc.

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.

§ 27-11 Appointment of examiners.

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.

§ 27-12 Amendment of 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.

§ 27-13 Minutes and records.

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.

§ 27-14 Investigations.

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.

§ 27-15 Subpoenas.

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."

§ 27-16 Annual report.

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.