CHAPTER 125. BUSINESS OF THE COMMISSION
MEETINGS REQUIRED Sec.
125.1. General.
125.2. Quorum.
125.3. Presiding officer.
125.4. Attendance at meetings.
125.5. Minutes.
MEETINGS NOT REQUIRED
125.11. Ratification by a majority of Commission members.
125.12. Staff.
125.13. Forms.
MEETINGS REQUIRED
§ 125.1. General.
(a) Meetings of the members of the Commission will be held at the call of the Chairperson or any three other members, at such times and locations and for such purposes as may be determined by the Chairperson or the other three members calling the meeting.
(b) At the first meeting of the Commission of each calendar year, the members will select from their own numbers, by an affirmative vote of three of the five members, a Chairperson who shall serve for 1 year but will remain Chairperson until a successor is selected.
Source The provisions of this § 125.1 amended April 18, 1980, effective April 19, 1980, 10 Pa.B. 1592. Immediately preceding text appears at serial page (5296).
§ 125.2. Quorum.
(a) Three members of the Commission will constitute a quorum for meetings.
(b) The majority vote of the members present and voting will constitute official action by the Commission.
§ 125.3. Presiding officer.
The Chairperson of the Commission shall preside over all meetings at which he is present. He may designate a member of the Commission to preside over any meeting at which he will not be present. In the absence of such designation, a member shall be chosen by the majority vote of the members present and voting to preside over such meeting.
§ 125.4. Attendance at meetings.
Attendance at meetings shall be limited to members of the Commission, the Executive Director, members of the Commission staff designated by the Executive Director, and such other persons as the Commission may designate; provided, however, that the meetings of the Commission at which confidential investigative information is not discussed shall be open to the public.
Source The provisions of this § 125.4 amended April 18, 1980, effective April 19, 1980, 10 Pa.B. 1592. Immediately preceding text appears at serial page (5296).
§ 125.5. Minutes.
Minutes of the meetings will be kept by the Executive Director and filed in the executive office of the Commission. Minutes will not be open to inspection by persons other than members of the Commission and its staff except as authorized by the Chairperson and except as required by the act of July 19, 1974 (P. L. 486, No. 175) (65 P. S. § § 261—269) with respect to the public meetings of the Commission.
Source The provisions of this § 125.5 amended April 18, 1980, effective April 19, 1980, 10 Pa.B. 1592. Immediately preceding text appears at serial page (5296).
MEETINGS NOT REQUIRED
§ 125.11. Ratification by a majority of Commission members.
Notwithstanding any other provision of this chapter, any action of the Commission requiring the agreement of its members may be taken without a meeting if such action is approved or ratified by a majority of the members of the Commission.
§ 125.12. Staff.
(a) The Commission may appoint such staff as it may deem necessary.
(b) Each applicant for a position on the Commission staff must, as a condition of employment, successfully pass a personal background investigation to the satisfaction of the Commission prior to being appointed as a staff member. The information received by the Commission as a result of a background investigation will be maintained by the Executive Director and will not be open to inspection by persons other than members of the Commission and its staff.
(c) Unless otherwise specifically approved by the Commission, no professional or investigative employe of the Commission shall engage in any other business, employment, profession, trade, business venture, enterprise, or occupation; undertake gainful work or employment; or render gainful services other than for the Commission. All administrative and clerical employes shall disclose in writing to the Executive Director all gainful occupation or employment for any person or entity other than the Commission. The Executive Director will have the authority to prohibit the employment by administrative or clerical employes when such employment is determined to interfere, conflict with, or effect the functions of the subject employe with relation to his duties to the Commission. Upon a determination that such employment is not permissible, the Executive Director will give written notice of such determination to the subject employe. Upon receipt of such notice, the employe shall immediately terminate the subject employment. An employe’s failure to comply with the provisions of this subsection shall be grounds for immediate termination of employment with the Commission.
(d) As of the date of employment with the Commission and on or before March 15 of each following year, each staff member of the Commission shall file with the Executive Director a sworn statement of financial interests. The financial interests of a spouse or child under 18 years of age of an employe, shall be deemed a financial interest of an employe. The financial statement shall contain the information detailed in § 125.13 (relating to forms).
(e) The financial statements of the employes will be maintained by the Executive Director at the headquarters of the Commission and will not be open to inspection by persons other than members of the Commission, the Executive Director, or such other persons designated by the Commission or the Executive Director.
(f) For the purposes of personal background questionnaires for employment, updates thereof, and the annual financial disclosure statements, each applicant and employe of the Commission shall execute a waiver of any and all rights to privacy for the purposes of submitting the required information and any further investigation by the Commission regarding the completeness or accuracy of the information submitted. The waiver shall remain in effect for the duration of the individual’s employment with the Commission.
Source The provisions of this § 125.12 adopted April 18, 1980, effective April 19, 1980, 10 Pa.B. 1592.
§ 125.13. Forms.
The following forms have been promulgated as a part of this chapter:
Financial Disclosure Statement
1. Describe and state the amount of income received from source(s) other than the Pennsylvania Crime Commission.
2. Do you have any outstanding judgments against you? Describe.
3. Have you ever been declared bankrupt? Explain.
4. Are you a co-maker or endorser of a note? Describe.
5. Are you a party in a law suit? Explain.
6. Are you obligated to pay alimony, child support, or separate maintenance? Explain.
7. List your checking and savings accounts. Include the names of the institutions, the account numbers, and the present balances.
8. List and describe your stock holdings and/or bond holdings. Include the cash or market values.
9. List and describe the net cash value of your life insurance. Include the face amount of the policy(s).
10. Describe the location and market value of any real estate in which you have an interest, direct or indirect. You do not have to include your primary place of residence.
11. List and describe any businesses or enterprises in which you have an interest, direct or indirect.
12. Describe your automobiles by make and year. Include the market value(s).
13. List the names of all your creditors, including but not limited to installment debts, revolving charge accounts, automobile loans, real estate loans, stock pledges, and other personal or business debts. Include term of the debt, the number of months left to pay the debt, the unpaid balance, and any amounts past due.
Source The provisions of this § 125.13 adopted April 18, 1980, 10 Pa.B. 1592.
Cross References This section cited in 37 Pa. Code § 125.12 (relating to staff).
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