§ 2.28.030. COMMENCEMENT OF ACTION.

(A)

Forfeiture of Assembly office. Upon introduction of a resolution of forfeiture by an Assemblyman, the Assembly shall cause written notice of the specific grounds for the resolution to be delivered, either personally or by mail, to his last known address, to the Assemblyman against whom the resolution is directed. The notice shall state the time and place where the resolution will be considered by the Assembly and shall be delivered at least 14 days prior to Assembly consideration of the resolution.

(1)

The Assemblyman against whom the resolution is directed may, at or before the meeting at which the resolution is to be considered, demand in writing, a hearing by the Assembly on the resolution prior to its adoption. Upon receiving such written demand, the Assembly shall set a date, time and place for the hearing. If the demand is for a public hearing, the Assembly shall cause notice of the time, place and subject of the hearing to be published at least once in a newspaper of general circulation in the Borough, that publication to be made at least seven days prior to the date of the hearing.

(2)

Upon demand for a hearing, whether for a public hearing or not, the Assembly shall cause notice of the hearing be delivered or mailed to the Assemblyman against whom the forfeiture is directed. The notice shall be in the form, and delivered, substantially as provided in § 2.28.050 except that the time requirements of division (A)(1) of this section shall apply, and the notice of the grounds for the resolution in division (A) of this section shall constitute the accusation.

(3)

The hearing and prehearing procedures shall be as provided in Articles III through VI of this chapter, except that Assembly decision on the matter shall be rendered by the Assembly taking action on the resolution of forfeiture.

(B)

Revocation of a right. An agency which is authorized to revoke a right may do so summarily unless specifically provided that such action may be taken only after a hearing on the matter. Unless otherwise provided, when an action revoking a right may be taken only after a hearing, such action is initiated by the agency by filing an accusation with the Clerk as provided in § 2.28.050 and proceeding as provided herein.

(C)

Other appeals or challenges. All other authorized challenges or appeals of an action taken by a Borough agency shall be initiated by filing a statement of issues as provided in § 2.28.060:

(1)

When the challenge is to the agency which is to take or has taken an action granting or denying a right and the challenge is by a person other than the one who has applied for the right or the one who holds the right, then the applicant or holder is the respondent.

(2)

When the challenge is an appeal to a higher or different agency and is made by a person other than the one who has applied for or holds the right, the applicant or holder shall be the respondent, but the agency whose action is being challenged may, on its own initiative, join as correspondent, or be joined by the agency hearing the appeal.

(3)

When the challenge is by the person who applied for or holds the right, the agency whose action is being challenged shall be the respondent, except that when the appeal is to the agency whose action is being appealed, the applicant shall be the respondent.

(D)

Action by Clerk. Unless otherwise provided in the code, ordinance, rule, regulation or other provision, upon receiving an accusation or statement of issues, the Clerk shall immediately deliver copies of such accusation or statement to the Mayor, Attorney, the agency whose action is being challenged and the agency which is the proper one to hear the appeal. When the agency to hear the appeal or charges is a body which is not in session when the accusation or statement is received by the Clerk, a copy shall be immediately delivered to the head of the department which provides staff assistance to the body and the Clerk shall also deliver, in a timely manner, a copy to the presiding officer of the body.

(E)

Action by agency hearing the appeal. Unless otherwise provided in the code, ordinance, order, regulation or other provision, upon receipt of an accusation or statement of issues, the agency to hear the appeal shall determine whether it will hear the appeal de novo, on the record, or on the record augmented by additional testimony, and shall immediately notify all parties to the appeal of its determination.

(F)

Sufficiency of statement of issues. Unless otherwise provided, a liberal interpretation of the statement of issues will be made in order to preserve and insure the rights of the appellant; however, the agency to hear the appeal may dismiss the appeal if the statement of issues does not sufficiently state a cause of action.

('75 Code, § 2.28.030)(Ord. 72-9, passed 5-1-73)