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05/12/97 REFERENDUM PETITION TO AMEND CITY

May 12, 1997

IN RE: REFERENDUM PETITION TO AMEND THE CITY OF PITTSBURGH HOME RULE CHARTER; MARSHALL W. HYNES, PRESIDENT, FRATERNAL ORDER OF POLICE, FORT PITT LODGE NO. 1; LINDA WAMBAUGH, SALA UDIN, JIM FERLO, VALERIE MCDONALD, AND DAN COHEN; MARSHALL W. HYNES, PRESIDENT, FRATERNAL ORDER OF POLICE, FORT PITT LODGE NO. 1, APPELLANT


Appealed From No. GD 97-2913. Common Pleas Court of the County of Allegheny. Judge McLEAN.

Before: Honorable James Gardner Colins, President Judge, Honorable Rochelle S. Friedman, Judge, Honorable Charles A. Lord, Senior Judge. Opinion BY Judge Friedman.

The opinion of the court was delivered by: Friedman

OPINION BY JUDGE FRIEDMAN

FILED: May 12, 1997

Marshall W. Hynes (Hynes), President of the Fraternal Order of Police, Fort Pitt Lodge No. 1, appeals from an order of the Court of Common Pleas of Allegheny County (trial court) which dismissed his Petition to Set Aside the Referendum Petition (Petition) and directed that the Allegheny County Elections Department (Elections Department) include on the May 20, 1997 primary ballot the referendum question presented on the Referendum Petition.

The Referendum Petition, which was filed on February 18, 1997, proposed an amendment to the City of Pittsburgh (City) Home Rule Charter as follows:

Question

"Shall the City of Pittsburgh Home Rule Charter be amended by adding the following sections to Article Two?"

228. Independent Citizen Review Board. There is established an Independent Citizen Review Board, composed of seven members reflecting Pittsburgh's diversity, for the purpose of receiving, investigating and recommending appropriate action on complaints regarding police misconduct and for the purpose of improving the relationship between the police department and the community. The members shall serve four year staggered terms and serve until the appointment of their successors. Four of the seven appointments shall be made from a list of nine nominations submitted to the Mayor by City Council. Members shall be residents of the City, shall not be employed by the City or any of its Authorities, and shall serve without compensation.

229. Powers of Independent Citizen Review Board.

The Board shall:

. Investigate selected complaints filed by individuals alleging police misconduct;

. Establish a mediation program pursuant to which a complainant may voluntarily choose to resolve a complaint by means of informal conciliation;

. Provide advice and recommendations to the Mayor and Chief of Police on policies and actions of the Police Bureau, including recommendations on police training, hiring and disciplinary policies and specific recommendations of discipline for individual officers; provided, however, the Mayor and the Chief of Police shall retain full and ultimate authority to set ...


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