Borough of Millersville, PA
Lancaster County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Millersville 5-20-1980 by Ord. No. 1980-3. Amendments noted where applicable.]

§ 30-1 Establishment.

[Amended 3-21-1992 by Ord. No. 1992-1]
By authority vested in boroughs by Act 108 of 1979,[1] the Borough of Millersville establishes an Educational Service Agency, which shall be operated exclusively for the purpose of providing its services to one or more educational institutions.
[1]
Editor's Note: See 43 P.S. § 802.1.

§ 30-2 Composition.

The Educational Service Agency shall be composed of three individuals, each of whom shall be a resident of the Borough, at least 18 years of age, who shall be appointed by the Borough Council for three-year overlapping terms, coinciding with the calendar year; provided that, in the case of the three individuals appointed at the time of establishment of the Educational Service Agency, the term of one shall expire on the first day of January of the second year after the establishment, and the term of the second member shall expire on the first day of January of the third year following the establishment.

§ 30-3 Incompatible offices; vacancy.

A. 
No elected Borough or school district official shall be eligible to appointment to or membership on the Educational Service Agency.
B. 
A vacancy shall occur in the Educational Service Agency in the case of any member who ceases to be a resident of the Borough or who otherwise becomes disqualified for appointment or membership.

§ 30-4 Filling of vacancies.

Vacancies in the Educational Service Agency occurring for any reason shall be filled by appointment by the Borough Council of a successor to serve for the remainder of the term of the individual being replaced.

§ 30-5 Compensation.

Members of the Educational Service Agency shall receive such compensation as shall be fixed from time to time by the Borough Council.

§ 30-6 Surety bond.

Each member of the Educational Service Agency may, at the discretion of the Borough Council, be required to furnish a bond, in the amount and with the surety specified by the Borough, for the faithful performance of his duties as a member of the Educational Service Agency.

§ 30-7 Functions.

[Amended 3-24-1992 by Ord. No. 1992-1]
The function of the Educational Service Agency shall be to employ school crossing guards, also referred to as “special school police,” as provided in Section 1127 of the Borough Code, 53 P.S. § 46127 et seq., to direct traffic at or near schools.

§ 30-8 Authority and duties.

[Amended 3-24-1992 by Ord. No. 1992-1]
It is the intention of the Borough Council that the unemployment compensation status provided by Act 108 of 1979[1] shall be preserved. The Educational Service Agency is not authorized to act or omit to act in any manner which would destroy this status. Subject to that provision, the Educational Service Agency shall have the following authority, which shall be considered to be delegated by the Borough Council, and the duty of the Educational Service Agency shall be:
A. 
From time to time, to employ, and/or discharge, and fix the compensation of crossing guards or special school police to serve in the Borough. No Educational Service Agency member or relative of any member shall be employed as a crossing guard or special school police.
B. 
To prepare annually and, on or before the first day of November of each year, propose to the Borough Council for approval a budget showing its contemplated income and its proposed expenditures for the succeeding year.
C. 
Annually, to adopt the budget as submitted under Subsection B of this section, as approved, with or without modification by the Borough Council.
D. 
From monies budgeted and available, to make all payments for the services of crossing guards or special school police and to make all other expenditures as prescribed by law or superior body or agency, or as otherwise deemed necessary or appropriate.
E. 
To receive, in addition to payments by the Borough, any payments by the school district or any other gift, grant, devise or bequest.
F. 
To establish a system of accounts for all monies under its control and to establish one or more separate bank accounts into which all income shall be deposited and from which all expenditures shall be made.
G. 
Except as provided under Subsection H of this section, to exercise supervision and control over the crossing guards or special school police by:
(1) 
Establishing, administering and enforcing rules and regulations for the work and conduct of the crossing guards or special school police.
(2) 
Establishing work schedules and designating the locations where and the time when the various individuals are to be on duty based upon facts and information secured from the Police Department.
(3) 
Providing for training as necessary.
(4) 
Exercising any and all other prerogatives normally associated with personnel management.
H. 
While on duty, the crossing guards or special school police shall be under and subject to the direction of the Mayor.
[1]
Editor's Note: See 43 P.S. § 802.1.

§ 30-9 Transfer of funds.

The Borough shall transfer and pay over to the Educational Service Agency the monies that the Borough is required to pay as compensation to special school police under the Borough Code, or other agreement executed with the school district, as provided in the Borough Code, as well as other monies as necessary to cover expenditures budgeted for the Educational Service Agency as provided in § 30-8 of this chapter.

§ 30-10 Continuation and abolition.

The Educational Service Agency hereby recognized and formally established shall continue until changed or abolished by action of the Borough or until the suspension of Act 108 of 1979, as adopted by the legislature of the Commonwealth of Pennsylvania, in accord with the terms thereof.[1]
[1]
Editor's Note: See 43 P.S. § 802.1.