A.
The Commission shall consist of three Commissioners,
who shall be qualified electors of the Borough and shall be appointed
by the Borough 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.
B.
Any vacancy occurring in the Commission for any reason
whatsoever shall be filled by the Borough for the unexpired term within
the period of 30 days after such vacancy occurs.
C.
Each member of the Commission, before entering upon
the discharge of the duties of their office, shall take an oath or
affirmation to support the Constitution of the United States and of
the Commonwealth of Pennsylvania and to perform their official duties
with fidelity. No Civil Service Commissioner shall receive 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 Council of the Borough. One Commissioner may be a member of
the teaching profession.
The Commission first appointed shall organize
within 10 days of its appointment and shall elect one of its members
as its Chairperson and one as the Secretary. The Commission shall
thereafter meet and organize on the first Monday of February of each
even-numbered year. Two 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.
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 any
duties required by law or these rules and regulations.
The Secretary shall carry on at the direction
of the Commission all official correspondence of the Commission, send
out all notices required by law and these rules and regulations, keep
a record of each examination or other official action of the Commission
and perform all other duties required by law or these rules and regulations.
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. 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. The Secretary of the Commission shall give each Commissioner
24 hours' notice in writing of each and every meeting of the Commission.
The governing body shall furnish the Commission
with such supplies and clerical assistance as may be necessary for
the Commission to fulfill its duties. In addition, the Commission
may retain counsel, and any other consultants or experts, including
physicians and psychiatrists, as are necessary. The elected and appointed
officials of the Borough shall assist the Commission with all reasonable
and appropriate efforts, including compensation for any counsel or
experts retained by the Commission.
The Commission may amend, revise, void or replace
these rules and regulations for any reason by action of a majority
of the Commission at any properly convened meeting 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, shall be made available
to the public for distribution or inspection.
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, 1968 P.L. 961, No. 428,
53 P.S. § 9001.
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 its
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 designee, to acquire 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,
where the subpoena is issued on behalf of the Commission the fees
shall be paid from appropriations for the incidental expense of the
Commission, in all other cases, the party requesting the subpoena
shall be responsible for the fees.
B.
All officers in public service and employees of the
Borough 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 cost shall be imprisoned 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 Franklin or Cumberland 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 Borough Council containing a brief summary of its work during
the year and a full accounting for any expenditures of public moneys.
The annual report shall be available for public inspection.
