[HISTORY: Adopted by the Board of Supervisors of the Township of East Hempfield as indicated in article histories. Amendments noted where applicable.]
Article I Hempfield Area Recreation Commission and Program
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article and the provisions herein and any supplemental written agreements approved by all parties of the participating political subdivisions shall govern the administration of the recreation program. The term "participating municipalities" shall mean the municipalities of East Hempfield Township, West Hempfield Township, East Petersburg Borough and Mountville Borough. The term "Commission" shall mean the Hempfield Area Recreation Commission.
The recreation program within the participating municipalities shall be administered by a Commission composed of persons appointed as hereinafter provided, all of whom shall serve without pay. Two members of the Commission shall be appointed by East Hempfield Township; two members of the Commission shall be appointed by West Hempfield Township; two members of the Commission shall be appointed by East Petersburg Borough; and two members of the Commission shall be appointed by Mountville Borough. To establish an odd number of Board members, one at-large Board member must be a citizen of the participating municipalities and will serve a two-year term of office effective January 1, 1994.
Appointments, except certain initial appointments as hereafter provided, shall be made for terms of two years. Each appointing body shall appoint one member to a term expiring December 31 of even-numbered years and the other member to a term expiring December 31 of odd-numbered years.
The Commission shall be responsible for the appointments of all recreation employees, for furnishing appropriate reports and preparing an annual budget, and for doing all other things necessary to carry out its purpose.
The Commission may organize itself and adopt its own bylaws in compliance with this article.
The recreation programs conducted under this article shall be administered by the Commission through its administrative officers headed by the Director of Recreation appointed by the Commission.
The fiscal year of the Commission shall be the calendar year.
By October 25 of each year, the Commission shall submit to the participating municipalities a budget for the next calendar year, showing the categories of income and expenses.
No budget shall be effective unless approved by all participating municipalities prior to December 15. The action taken by each municipality shall be immediately conveyed to the other participating municipalities without unanimous approval of the parties hereto.
The latest available Hempfield School District census figures shall be used in calculating the appropriation. The per-capita charge will be paid in equal quarter annual payments payable on the 15th of April, July, October and January of each year.
For subsequent years, said municipalities will, unless they have withdrawn from the Commission in the manner hereinafter provided, annually appropriate and provide in their respective budget funds which are adequate to pay the agreed upon per capita for the year in question.
The Commission may accept and receive funds from other sources; however, such amounts and the items for which they are spent shall be segregated in the budget and annual report.
The per-capita charge shall be the maximum contribution required for a particular year by participating municipalities, and the participating municipalities shall not be obligated to make any additional contributions for a given year in the event the Commission exceeds its budget for that year. However, the parties acknowledge that, if the funds contributed, together with other income, are insufficient to meet the obligations of the Commission, the budget for the following year may be increased in sufficient amount to provide funds to pay for the deficit of the prior year.
The Commission shall appoint a Recreation Director, who shall serve as the executive officer of the Commission and who shall coordinate the development and supervision of recreational activities.
The Recreation Director, with the approval of the Commission, shall select and recommend all other personnel, including supervisors, instructors and leaders, for appointment and hiring by the Hempfield Area Recreation Commission. The Recreation Director shall supervise all employees.
All personnel shall be instructed and assigned by the Recreation Director, who may thus have the right to give orders and employ disciplinary measures when necessary, including the right to recommend dismissal to the Commission.
Park and recreation property, equipment and buildings of the participating municipalities and the School District shall be available for use of the Recreation Commission when there is no conflict with the uses of such park and recreation property, equipment and buildings by the municipalities and School District.
The Commission shall pay from funds available to it all custodial or other services (beyond normal period of service) required for recreational programs conducted by the Commission.
The rate of pay for custodial or other services shall be determined by mutual agreement between the Recreation Commission and the particular municipalities involved, as shall other matters relating to the use of any property, equipment and buildings of any individual municipality or School District.
The parties acknowledge that participants who are not residents of either East Hempfield Township or West Hempfield Township or East Petersburg Borough or Mountville Borough may be charged by the Commission a greater program charge or fee.
Prior to September 1 of any given year, East Hempfield Township shall notify the Commission of the basis upon which the Township will charge rent for the use of office and storage space.
This agreement shall become effective December 1, 1994, and shall continue in full force and effective until December 31 from year to year, unless any party gives notice in writing to the others of its intent to withdraw not later than one year prior to the year in which it is proposed to withdraw. In the event of withdrawal of a member, this agreement and the Commission shall be deemed terminated. However, other municipalities comprising Hempfield School District may, upon affirmative vote with the remaining municipalities, be permitted to reorganize the Commission upon the terms and conditions established.
The Hempfield School District is joining in this agreement solely for the purpose of signifying its agreement to appoint two members to the Commission in accordance with existing School District policies by the Recreation Commission as specified in § 66-4 of this article.