A. Composition and structure of Board.
(1) Composition. The Board established under Amendment I of the City of Reading Home Rule Charter ("Charter") shall be composed of five residents of the City of Reading. Board members shall be appointed by the Mayor with the consent of City Council.
(2) Terms of service. Members of the Board shall serve for terms of five years, except that the members shall continue to serve until their successors are appointed and qualified. The terms of the initial members shall be staggered, with members serving terms of one, two, three, four, and five years, respectively.
(3) Vacancy. An individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed for the unexpired term of the member he/she succeeds and is eligible for appointment thereafter according to the terms herein.
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7. Editor's Note: Former § 1-599.22D, Removal of members, added 8-23-2010 by Ord. No. 59-2010, which immediately followed this subsection, was repealed 3-26-2012 by Ord. No. 39-2012.
(4) Election of Chairperson and Vice Chairperson. The Board shall elect a Chairperson and Vice Chairperson upon seating of the members and thereafter annually at a meeting held in July of each year. The Vice Chairperson shall act as the Chairperson in the absence of the Chairperson or in the event of a vacancy in that position.
(5) Quorum. A majority of the members of the Board shall constitute a quorum and the votes of a majority of the members present are required for any action or recommendation of the Board.
(6) Staff. The Board shall appoint a Solicitor, an investigative officer, a hearing officer, a secretary, and such other staff as may be deemed necessary. The Solicitor, investigative officer, a hearing officer, secretary, and such other staff as may be necessarily appointed shall not be members of the Board.
(7) Meetings. The Board shall meet at the call of the Chairperson or at the call of a majority of its members.
(8) Investigative Officer.
(a) The Board shall appoint an investigative officer ("Investigative Officer") who shall serve at the pleasure of the Board. The Investigative Officer is charged with determining jurisdiction, conducting preliminary and full investigations, issuing written findings reports, prosecuting complaints before evidentiary hearings, and performing such other duties as set forth herein. The Investigative Officer shall conduct his/her work independently and without comment or inquiry from the Board, except as provided in Subsection A(8)(d) below.
(b) The Investigative Officer shall be a member in good standing of the Pennsylvania Bar Association and shall have so been for at least five years. The Investigative Officer need not be a resident of the City of Reading and shall not be a Board member. The Investigative Officer is authorized to retain the services of an investigator and other professional staff and/or consultants, and shall only delegate nondiscretionary functions.
(c) The Investigative Officer shall not be the current or former Solicitor to the Board and the Investigative Officer shall not serve in the future as Solicitor to the Board on any matter investigated or prosecuted by the Investigative Officer. Furthermore, the Investigative Officer shall not seek the advice of the Solicitor to the Board, and the Solicitor to the Board shall not seek the advice of the Investigative Officer, on substantive aspects of any complaint or referral before the Board.
(d) In addition to all other responsibilities of the Investigative Officer, he/she shall provide to the Board every six months a summary of any complaint dismissed or otherwise resolved during the investigatory stage.
B. Prohibitions. Due to the nature of their appointment, Board members have a duty to avoid any known conflicts of interest, especially actions or behaviors in violation of the City Charter or its full and impartial enforcement. The prohibitions in this section are in addition to all other duties, responsibilities, and obligations imposed upon Board members.
(1) No member may hold or campaign for any other public office.
(2) No member may hold office in any political party or political organization or political committee.
(3) No member may hold a position of employment with City government or appointment to any other board, authority, or commission formed by the City of Reading.
(4) No member may actively participate in or contribute to any political campaign in the City of Reading for a candidate running for the office of Mayor, President of Council, Council member, or Auditor. This does not abridge the right of a member to vote or attend a debate, speech or similar event that is held primarily for the purpose of communicating a candidate's platform or position on issues of public concern.
(5) No member shall receive compensation but shall be reimbursed by the City for documented expenses actually incurred.
C. Mandate to fund. City Council shall appropriate sufficient funds for the Board to perform its enforcement and educational duties, including expenses for independent counsel, investigative personnel, investigations, hearings, appeals, staff, any other necessary personnel, and professional educational programming. City Council may place reasonable restrictions to limit the funding to an amount that is necessary to meet the Charter requirement to provide funding that is sufficient. These limits may include, but are not limited to the following:
1. Limiting travel time to either one-way or limit the billable rate to 50% for the overall trip to and from City Hall or anywhere else Charter Board business (meetings, hearings, etc.) occurs.
2. Limits on fees to an amount that is consistent with general municipal work, City Council may require the Charter Board to follow the City's purchasing procedures to determine whether funding for the Charter Board is sufficient.
D. Right to a defense. City officials and employees who are the subject of a complaint are entitled to a defense. Defense counsel fees may be limited to an amount that is consistent with general municipal work. Defense counsel shall be selected from a panel of attorneys/firms who have been procured in accordance with the City's Purchasing Policy.