[HISTORY: Adopted by the Borough Council of the Borough of Franklin Park at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
Police Department — See Ch. 56.
The Civil Service Commission shall consist of three members, who shall be qualified electors of the Borough of Franklin Park and shall be appointed by the Borough Council to serve for terms of six years. 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.
Any vacancy occurring in the Commission for any reason shall be filled by the Borough Council for the unexpired term within a period of 30 days after the date such vacancy occurs.
The Commission shall meet and organize on the first Monday of each even-numbered year and shall elect one of its members as the Chairman and one as the Secretary. The Secretary of the Commission shall give each Commissioner 24 hours' notice, in writing, of each and every meeting of the Commission.
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. 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.
The Borough shall:
Furnish to the Commission, on its requisition, clerical assistance that may be necessary for the work of the Commission.
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.
Provide the services of a solicitor for the Commission, to be appointed by the Commission and paid by the Borough. The Borough may place a reasonable limit on the amount allowed each year for the services of the Commission Solicitor.
Through its elected and appointed officials, aid the Commission in all proper ways in carrying out the provisions of this chapter relating to civil service.
The Commission may prescribe, amend and enforce rules and regulations for carrying into effect this chapter and shall be governed by the rules and regulations. Before the effective date of the rules and regulations or amendments to them, they shall be first approved by Council. If the rules and regulations or amendments have been approved, they shall not be annulled, amended or added to without the approval of Borough Council. All rules and regulations and modifications shall be made available by the Borough for public distribution or inspection.
The Commission shall maintain minutes of its proceedings and records of examinations and other official actions. 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 Section 1191 of the Borough Code (relating to hearings on dismissals and reductions), shall be open to public inspection and subject to reasonable regulation.
Editor's Note: See 8 Pa.C.S.A. § 1191.
The Commission may conduct investigations concerning all matters touching the administration and enforcement of Chapter 11, Subchapter J of the Borough Code, this chapter, and rules and regulations adopted under this chapter. The Chairman of the Commission may administer oaths and affirmations in connection with the investigations.
The Commission shall have the power to issue subpoenas over the signature of its Chairman and 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 by the Borough Council. All officers in public service and all municipal employees 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, he shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine not in excess of $100 and, in default of the payment of such fine and costs, shall be imprisoned in the Allegheny County Jail for a period not to exceed 30 days. If any person shall refuse or neglect to obey any subpoena issued by the Commission, the Commission may apply by petition to the Court of Common Pleas of Allegheny County, Pennsylvania, for its subpoena, requiring the attendance of such person or persons before the Commission or the Court to testify and to produce any records and papers necessary and, if the person defaults, the person shall be held in contempt of court.
The Commission shall make an annual report to the Borough Council containing a brief summary of its work during the year, which shall be available for public inspection. Such report shall be submitted to the Borough Council on or before the regular Borough Council meeting to be held during the month of February in the year immediately following the year covered by such report.
The Commission shall make rules and regulations, to be approved as in § 17-6, providing for the examination of applicants for positions in the police force and for promotions, which rules and regulations shall prescribe the minimum qualifications of all applicants to be examined and the passing grades. All examinations for positions and promotions shall be practical in character and shall relate to such matters and include such inquiries as will fairly test the merit and fitness of the persons examined to discharge the duties of the employment sought by them. All examinations shall be open to all applicants who have the minimum qualifications required by the rules and regulations.
Each applicant for an original position shall:
Be subject to the regulations adopted by the Commission.
Either before or after the written examination, submit to a physical fitness or agility examination that is job-related and consistent with business necessity.
Be subject to a background investigation. Background investigations may be restricted to those candidates on an eligibility list or those to be certified to Borough Council for appointment in accordance with Section 1184 of the Borough Code (relating to eligibility list and manner of filling appointments).
Editor's Note: See 8 Pa.C.S.A. § 1184.
A physical fitness or agility examination that is job-related and consistent with business necessity and physical and psychological medical examinations may, but need not be, required for a promotion.
Public notice of the time and place of every examination, together with the information as to the kind of position to be filled, shall be given by publication once in a newspaper of general circulation at least two weeks prior to each examination, and a copy of the notice shall be prominently posted in the office of the Commission or other public place. The Commission shall post in its office the eligibility list containing the names and grades of those who have passed the examination.
Each member of the Commission, before entering upon the discharge of the duties of office, shall take an oath or affirmation of office under 53 Pa.C.S.A. § 1141 (relating to form of oaths of office).
The Civil Service Commissioners and alternates shall receive no compensation.