[Adopted 5-24-1977 by Ord. No. 6-1977]
Under the authority of the Acts of the General
Assembly of the Commonwealth of Pennsylvania, to wit, the Act of May
1, 1933, P.L. 103, Article VII, Section 702, Clause XL, as amended,
and the Act of July 12, 1972, No. 180,[1] the Board of Supervisors of West Goshen Township is hereby
directed and authorized to enter into a police cooperative agreement
with Westtown Township, West Whiteland Township, both of Chester County,
Pennsylvania, and such other municipalities as the Board of Supervisors
shall from time to time direct (hereinafter known as the "designated
municipality"). The conditions of the agreement between the Township
of West Goshen and the designated municipality shall be as hereinafter
provided.
[1]
Editor's Note: See 53 P.S. § 481
et seq.
The conditions of the agreement shall be as
follows:
A.
In case of an emergency, either the Township of West
Goshen or the designated municipality may request police protection
and assistance from the other. Either political subdivision may comply
with the request of the other, or any part thereof, as each may determine
in its own discretion. In the event that either political subdivision
furnishes assistance to the other, it may withdraw its participation
in that assistance at any time.
B.
Each municipality shall furnish to the other a list
of that official or those officials in the respective municipality
who shall have the authority to request police assistance or to withdraw
permission for the same.
C.
The requesting municipality shall direct the actions
of the requested policemen while they are performing their duties
in the requesting municipality pursuant to a request; provided, however,
that the requested policemen shall be ultimately responsible to the
municipality by which they are employed. While in the requesting municipality,
the requested policemen shall have all of the powers and authorities
conferred by law upon the requesting police.
The manner and extent of financing the agreement
shall be as follows:
A.
The requested policemen shall remain employees of
their respective municipalities and will be deemed to be acting on
a detached-service basis. The requested policemen will continue under
the retirement program of their respective municipalities; and matters
such as wages and other benefits shall be subject to the laws, ordinances
and regulations of the requested policemen's respective municipalities.
However, the political subdivision which, at the time of an injury
to or death of a policeman acting pursuant to the terms of the police
cooperative agreement, exercises control and direction over the policeman
and is responsible for any compensation or other benefits which may
be due and payable to the policeman, his beneficiaries and heirs under
the Pennsylvania Worker's Compensation Act.
B.
A temporarily disabled policeman who receives benefits
pursuant to the Pennsylvania Worker's Compensation Act shall be paid
by the municipality exercising control and direction over the policeman
any difference between the amount paid pursuant to workmen's compensation
and the policeman's weekly salary. Weekly salary shall be construed
to mean salary paid to the officer by his respective municipality
for a forty-hour workweek at the rate of pay prevailing for him at
the time of his injury and any salary increments accruing to him during
the period of his disability.
C.
It shall be presumed that the requesting municipality
is exercising control over the requested policemen when they have,
in fact, been requested and are also within the geographic boundaries
of the requesting municipality.
D.
The requesting municipality shall be responsible for
property damage incurred by the requested policemen, including property
belonging to the requested municipality, within the requesting municipality's
geographic boundaries, unless said property damage was caused by the
requested policemen's negligence.
The purpose and objectives of the agreement
between West Goshen Township and the designated municipality are to
provide police protection and assistance to each other in case of
an emergency in the requesting municipality and only in those instances
when the requesting municipality determines such a request to be necessary
and proper. The municipality offering assistance as the requested
municipality may withdraw its permission or participation in that
assistance at any time and for any reason in its sole discretion.
The agreement between West Goshen Township and
the designated municipality shall be for an indefinite term, and either
party to the agreement may terminate the agreement upon 60 days' written
notice to the other party.
The organizational structure necessary to implement
the terms of the agreement between West Goshen Township and the designated
municipality shall be the respective police departments of each municipality.
