[HISTORY: Adopted by the Borough Council
of the Borough of Millersville 5-20-1980 by Ord. No. 1980-3.
Amendments noted where applicable.]
[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.
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.
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.
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.
Members of the Educational Service Agency shall
receive such compensation as shall be fixed from time to time by the
Borough Council.
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.
[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.
[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.
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.
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.
