53 Pa. Stat. § 30452

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 30452 - Members of tribunal; subpoenas; oaths; presence of employee and attorney

The tribunal of inquiry or trial shall consist of three persons in the competitive or noncompetitive class, or both, of the civil service of the city of the accused, and shall be selected as follows: The city clerk shall, in the presence of the accused and his attorney or a fellow employe acting as his counsel, cause the names of at least twenty members in said competitive or noncompetitive classes, or both, of the civil service of the city, to be written upon separate slips of paper of the same size, color and texture, and folded or rolled so that the names thereon cannot be distinguished until drawn as hereinafter provided, cause said slips to be placed in a box from which the same are to be drawn by lot by some disinterested person, until seven names have been drawn therefrom, whereupon the head of the department of the city in which the accused is employed, and the accused shall each in order be entitled to exercise challenges until only three names are left, and the said three persons shall compose said tribunal of trial or inquiry. Said persons shall be sworn by the city clerk to perform their duties impartially.

The member of the tribunal having the longest period of service under civil service in the city, shall have authority to issue subpoenas, requiring the attendance of witnesses, the giving of testimony and the production of pertinent books and papers before the tribunal. Disobedience of any such subpoena shall be contempt of court, punishable by the court of common pleas of the county in which the city is situated. Such senior member of the tribunal shall administer oaths at any inquiry or trial before said tribunal.

The employe accused may be present at the trial or inquiry held by said tribunal, and so may his attorney or an employe of either the competitive or noncompetitive class, who may act as counsel for said employe before said tribunal.

53 P.S. § 30452

1943, June 3, P.L. 826, § 2.