§ 2-28. ACCIDENT REVIEW AND SAFETY BOARD.

2-28.1 Preamble. The Borough Council of the Borough does hereby declare that a need for an Accident Review and Safety Board is necessary for the maintenance of the proper control upon motor vehicles, equipment and other items owned by the Borough and that it is necessary for the general welfare of the employees of the Borough and the citizens of the Borough and does warrant legislative action by the Borough Council. Under the general powers granted to the Mayor and Council of the Borough in order to protect and promote the health, safety and welfare of the employees of the Borough and the citizens of the Borough an Accident Review and Safety Board is determined to be necessary within the Borough.

(Ord. #1300)

2-28.2 Definitions. As used in this section:

Accident shall mean an occurrence without intent causing property damage or personal injury.

Borough Equipment shall mean any and all other types of vehicles and implements that are not registered as motor vehicles which belong to the Borough and are used by Borough employees.

Employees shall mean all persons currently or temporarily employed on a full-time or part-time basis with the Borough.

Motor Vehicles shall mean any and all types of engine-driven vehicles that are licensed to operate on the public highways of the Borough.

(Ord. #1300, § I)

2-28.3 Established. An Accident Review and Safety Board is hereby established within the Borough. The Board shall consist of six (6) members. The composition of the Board shall be as follows:

a.

The Chief of Police of his designee.

b.

A Superior Officer of the Police Department with the rank of Lieutenant or above.

c.

The President of the Police Employee Local P.B.A. or his designee.

d.

The President of Council No. 7 of the Borough Employee Unit or his designee.

e.

The Insurance Coordinator of the Borough or his designee.

f.

An insurance representative specializing in accident claims.

The above members of the Board shall be appointed by the Borough Council and their terms of office shall be for a period of one (1) year with each member serving without compensation.

(Ord. #1300 § II)

2-28.4 Powers. The Accident Review and Safety Board is hereby granted and shall have and exercise all of the powers necessary and appropriate to carry out and execute the purpose of this section including but not limited to the following:

a.

To adopt Rules and Regulations as it deems necessary to conduct the public hearings.

b.

To investigate all types of accidents as herein defined that are reported to the Department of Insurance and Risk Management or other Department Head of the Borough which shall involve either Borough employees and/or Borough motor vehicles and/or Borough equipment and/or Borough items. The investigation shall be completed within thirty (30) days from the date of the accident.

c.

To hold hearings and meetings concerning the investigation of the reported accidents. The Board shall give any and all employees, witnesses and parties an opportunity to be heard before making any determination as to whether the accident was preventable or non-preventable.

d.

To make findings of fact in writing with regard to the accident and forward such written report and recommendations to the Borough Council for appropriate action within forty (40) days of the date of accident. The written report shall be made after a majority of the members of the Board are in agreement with the findings of fact and the recommendation.

(Ord. #1300, § III)

2-28.5 Further Power to Investigate. The Board shall also have the power to investigate any and all accidents which took place on or after January 1,1979 and the findings of fact and recommendations shall be made on those accidents on or before November 1, 1979.

(Ord. #1300, § IV; Ord. #1308)

2-28.6 Interpretation. This section being necessary for the welfare of the Borough and its residents and employees shall be liberally construed to effectuate the purpose thereof.

(Ord. #1300, § V)