The members or named officer of the Commission may, at the discretion
of the elected Borough Council, be required to furnish a bond, in
the amount and with the surety specified by the Council for the faithful
performance of his duties as a member or as an officer of the Commission.
The cost of such bonds, if and when required, shall be paid for and
be a budgeted expense for the Commission as hereinafter provided.
The Mayor and President of Council shall not be required to provide
any additional bond for their service as members of the Board.
A.
The Commission shall have all such powers and authority delegated
to it by law including specifically by the Borough Code.
B.
The Commission shall have power to prescribe, amend, and enforce
rules, regulations, and standards to carry out its authority and duties
in the Borough Code §§ 1171 through 1195 (8 Pa.C.S.A.
§§ 1170 through 1194), and shall be governed thereby; provided
same are approved by the Board prior to enforcement.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
The Commission shall have power to make investigations concerning all matters touching the administration and enforcement of the applicable Borough Code sections, the applicable provisions of this chapter, and rules, regulations and standards provided for in Subsection B of this section. The Chairman of the Commission is hereby granted power, consistent with § 1178 of the Borough Code (8 Pa.C.S.A. § 1178), to administer oaths and affirmations in connection with such investigation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
The Commission shall have power to issue subpoenas, consistent with
§ 1179 of the Borough Code (8 Pa.C.S.A. § 1179),
to require the attendance of witnesses and the production of records
and papers pertaining to any investigation or inquiry.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
The Commission shall make rules and regulations, approved by the
Board, providing for the examination of applications for positions
in the police force and for promotion, consistent with § 1181
and § 1184 of the Borough Code (8 Pa.C.S.A. §§
1181 and 1184) and other related provisions of said Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
The Commission may reject applicants and shall hold hearings as provided
for in § 1183 of the Borough Code (8 Pa.C.S.A. § 1183).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
Within the Department, the Commission shall designate all promotions,
provide for all salary increases, and designate all removals, except
such removal be for cause when the Commission shall hold hearings,
as necessary, under § 1191 of the Borough Code, as amended
(8 Pa.C.S.A. § 1191).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H.
The Commission shall appoint a physician, from time to time as required,
and shall provide that each applicant undergo a physical examination
as provided for in § 1189 of the Borough Code, as amended
(8 Pa.C.S.A. § 1189).[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Editor's Note: Former Section 303, General Powers of
the Board, as amended, which immediately followed this subsection,
was repealed 9-2-1982 by Ord. No. 271.
A.
The Mayor shall be the Director of the Department and generally function
as the Chief Executive Officer of the Police Department, including
day to day management of the Department.
[Amended 9-2-1982 by Ord.
No. 271; 12-2-1982 by Ord. No. 272]
B.
The Mayor, consistent with law and this chapter, shall have full
charge and control of the Police Chief and the remainder of the Police
Force under the authority of § 1121 of the Borough Code
(8 Pa.C.S.A. § 1121).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
The Mayor shall appoint such special police as he shall deem necessary
to act in emergencies, shall approve appointments or make appointment
of fire police, and shall appoint such persons for which funds have
been provided in the Police Department Budget to serve solely for
parking meter enforcement duties. He shall have control over such
appointed persons directly, or by delegation to the Police Chief,
as is consistent with law; and he shall also have such direct, or
delegated, control over such special school police or crossing guards
as may be provided for by the Agency.
D.
The Mayor shall have such control, supervision, and authority over
police enforcement as is otherwise provided by law and Borough Ordinance.
All police matters, not otherwise delegated by law to the Commission
or reserved in the Council, shall be under the control of the Mayor
directly or, by delegation through the Police Chief and the remainder
of the Police Force.
[Amended 9-2-1982 by Ord.
No. 271; 12-2-1982 by Ord. No. 272]
E.
All police matters and the full control, supervision and authority over the Police Force as otherwise provided, but not as otherwise delegated by law to the Commission or reserved in the Council, shall be under the control of the Mayor directly, or by delegation through the Police Chief and any other member of the Police Force, at all times the Police Force or any member of such Police Force is acting in any police capacity unless such police activity is under state law, or by agreement, contract, resolution, or ordinance by the Borough Council, in which there are specific provisions granting control, supervision or authority to any person or entity other than the Mayor, the Police Chief, or another member of the Police Force; and any authority granted to any member of the Police Force, including the Chief of Police, under any such agreement, contract, resolution, ordinance, or law shall be deemed to be granted under and subject to the management, control, supervision, and authority of the Director of the Department as defined in Subsection A of this section.
[Added 12-2-1982 by Ord.
No. 272]
A.
The President of Council shall assume the office of Mayor in his
temporary absence, at such times the Vice President of Council shall
assume the office of President of Council and in the absence of both
the Mayor and President of Council he shall assume the office of Mayor,
consistent with § 1030 of the Borough Code, as amended (53
P.S. § 46008-A).[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Editor's Note: Former Section 305(b), regarding the President
of Council serving as a voting member of the Board, which immediately
followed this subsection, was repealed 9-2-1982 by Ord. No. 271.
B.
The President of Council shall retain his authority, duties, and
powers as a member of Council and in his office as President thereof.
A.
The Chief of Police shall have the general powers, authority, and
duties of a policeman.
B.
The Chief of Police shall have such supervision of the Police Force
as is designated by law, consistent with this chapter, as is now or
may hereafter be provided for by rules, regulations, and standards,
and as is generally expected and compatible with that of a supervisor
of employees, particularly the Police Chief of a Borough Police Force.
The elected Chairman of the Commission shall preside over all
meetings of the Commission, including any hearing of the Commission.[1]
[1]
Editor's Note: Former Section 307(b), regarding the Commission
Chairman presiding over a meeting of the Board, which immediately
followed this subsection, was repealed 9-2-1982 by Ord. No. 271.
A.
The elected Secretary of the Commission shall preside over any meeting
of the Commission in the absence of the elected Chairman of the Commission,
including any hearing of the Commission from which the elected Chairman
may be absent.
B.
The elected Secretary of the Commission shall keep, or cause to be
kept by a compensated recording Clerk, minutes of all meetings of
the Commission.
[Amended 9-2-1982 by Ord.
No. 271; 12-2-1982 by Ord. No. 272]
C.
The elected Secretary of the Commission shall carry on all official
correspondence for the Commission at the direction of the Commission,
all official correspondence for the Board at the direction of the
Board, and all official correspondence for the Department at the direction
of the Mayor, except when such Department correspondence shall directly
involve police matters and shall be at the direction of the Mayor
or the Police Chief. The preparation of such correspondence may be
by a compensated Clerk or clerks; and, such correspondence may be
under the signature of the elected Chairman of the Commission or the
Mayor as appropriate.
A.
The Borough Treasurer, as a nonvoting member of the Board, shall
be responsible for all the financial records of the Department. For
such ministerial position of Treasurer for the Department, the Treasurer
shall receive such additional compensation from the Police Department
Budget as the Board shall deem appropriate for the financial duties
of such office.
B.
The Treasurer shall pay out all salaries, wages and benefits from
such funds as are allocated and approved in the Borough Budget for
the Police Department according to the guidelines established by the
Council, shall keep record on all such expenditures and allocations,
and shall cause all financial reports for such payments and funds
to be made as required by law. The Treasurer shall have no authority
to make any payments of salaries, wages, and employee benefits except
within allocated and approved budget limits according to established
policies.
[Amended 11-5-1981 by Ord. No. 262; 9-2-1982 by Ord. No. 271; 12-2-1982 by Ord. No. 272]
C.
The Treasurer shall pay out all funds as are allocated and approved
in the Borough Budget for the necessary stationery, postage, printing,
supplies, fees, and costs of the Commission, the Board, and the Department
according to the guidelines and approval of the Council, shall keep
records on all such expenditures and allocations, and shall cause
financial reports for such payments and funds to be made as required
by law. The Treasurer shall have no authority to make any payments
of such items except within allocated and approved budget limits according
to established policies; provided, however, the Treasurer shall make
payments, whether or not budgeted and approved, for Commission witness
fees and court reporter fees as become due and payable by action of
the Commission under the authority granted to such Commission under
the applicable provisions of the Borough Code, as amended.
[Amended 11-5-1981 by Ord. No. 262; 9-2-1982 by Ord. No. 271; 12-2-1982 by Ord. No. 272]
D.
The Treasurer shall pay out all funds against approved purchase order
requests according to established Council policies, shall keep records
of all expenditures and allocations, and shall cause financial reports
for such payments and funds to be made as required by law. The Treasurer
shall have no authority to make any payments against purchase orders
except within allocated and approved budget limits according to established
policy.
[Amended 11-5-1981 by Ord. No. 262; 9-2-1982 by Ord. No. 271; 12-2-1982 by Ord. No. 272]
A.
The Commission shall employ, appoint, and/or discharge and fix the
compensation of such clerical assistance and such professional assistance
as may be necessary for the Commission to effectively discharge its
duties, responsibilities and authority.[1]
[1]
Editor's Note: Former Section 310(b), regarding employment
by the Board, which immediately followed this subsection, was repealed
9-2-1982 by Ord. No. 271.
B.
The Board shall, upon certification from the Commission, appoint
and promote and shall within the budget allocated by the Council,
fix the compensation of members of the Police Force.
A.
The Commission shall exercise supervision and control over persons employed and appointed by it under the provision of § 41-20A by establishing, administering, and enforcing rules and regulations related to such employment and appointments.[1]
[1]
Editor's Note: Former Section 311(b), regarding supervision
by the Board, which immediately followed this subsection, was repealed
9-2-1982 by Ord. No. 271.
B.
The Mayor shall exercise supervision and control, using the Police
Chief as appointed, over members of the Police Force and also such
persons as are directly appointed by him.
A.
The Mayor shall at least monthly, at the regular meeting of Council,
report to the elected Borough Council on the activities of the Department.[1]
[1]
Editor's Note: Former Sections 312(b), regarding a report
on the activities of the Board, as amended, and 312(c), regarding
a report to the Board about the Commission, which immediately followed
this subsection, were repealed 9-2-1982 by Ord. No. 271.
B.
The elected Chairman of the Commission, for the Commission, shall
at least annually preferably at the regular meeting of Council in
November, report to the Council on the activities of the Commission.
Such report shall be available for public inspection consistent with
§ 1180 of the Borough Code (8 Pa.C.S.A. § 1180).
[2]
Editor's Note: This ordinance also repealed former Section
312(f), regarding the Treasurer's report on the Department's
receipt and expenditure of funds.
[3]
Editor's Note: This ordinance also repealed former Section
312(e) and (f), regarding the Treasurer's report on the financial
activities and the receipt and expenditure of funds of the Department,
respectively, which immediately followed this subsection.
A.
The Commission shall keep minutes of its proceedings and records
of examinations and other official activities consistent with § 1177
of the Borough Code, as amended (8 Pa.C.S.A. § 1177). All
such minutes and records shall be held in the Borough offices. Also,
posting of eligible lists, as provided for in § 1181 of
the Borough Code, as amended (8 Pa.C.S.A. § 1181), shall be in
the Borough offices.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Editor's Note: Former Section 313(b), regarding records
of the Board, which immediately followed this subsection, was repealed
9-2-1982 by Ord. No. 271.
B.
All financial records and reports of this Department, prepared and
maintained by the Treasurer, shall be held in the Borough offices.[2]
[2]
Editor's Note: Former Article IV, Budget and Accounts,
which immediately followed this subsection, was repealed 11-5-1981
by Ord. No. 262 and 9-2-1982 by Ord. No. 271.
