[HISTORY: Adopted by the Council of the Borough of Punxsutawney as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-13-1991 by Ord. No. 961]
The Borough of Punxsutawney hereby expressly evidences its intent to participate in the Municipal Drug Task Force activities in cooperation with and at the request of the office of the Attorney General of the Commonwealth of Pennsylvania for the purpose of interdicting the illegal use and trafficking of narcotics and other illegal drugs within the Borough, as well as within the boundaries of nearby communities.
This article is expressly enacted pursuant to the provisions of the Intergovernmental Cooperation Act, Act of July 12, 1972, No. 180, 53 P.S. § 481 et seq., for the purposes expressed herein and to thereby preserve the safety and welfare of the community, the Borough Council of the Borough of Punxsutawney expressly recognizing the adverse impact upon our society of the use and trafficking in narcotics and other illegal drugs.
The Borough hereby adopts the Municipal Drug Task Force Agreement, with Appendix, the provisions of which are hereby incorporated herein by reference, and authorizes and ratifies the execution of such agreement, and this agreement may include intergovernmental cooperative activities with adjacent or nearby municipal governments as part of a regional effort to interdict illegal drug activities.
The Borough of Punxsutawney shall utilize the services of its police force, including full-time as well as part-time officers, under the conditions set forth in said Municipal Drug Task Force Agreement and in compliance with the Municipal Police Jurisdiction Act, 42 Pa.C.S.A. § 8953.
The Borough of Punxsutawney shall establish, pursuant to the terms of said agreement, appropriate procedures to comply with all relevant provisions of the agreement and relevant regulations, direction and guidance from the office of the Attorney General of the Commonwealth of Pennsylvania.
The term of said agreement shall commence as set forth in its body and shall continue until such time as terminated at any time by the giving of 30 days' prior written notice to the other parties to said agreement.
The purpose and objectives of the agreement include region-wide coordination of municipal police activities in an effort to combat illegal narcotics and drug trafficking.
Said agreement shall be financed with the assistance of funds supplied by the office of the Attorney General of the Commonwealth of Pennsylvania.
The organizational structure necessary to implement the terms of said agreement shall be covered by directives, procedures and guidance from the office of the Attorney General and other area police departments.
All property, real or personal, acquired, managed or disposed of pursuant to said agreement shall be in accordance with both the terms of the agreement as well as the directives, procedures and guidance of the office of the Attorney General.
The Borough of Punxsutawney shall retain responsibility for the management, control and direction of its employees with the assistance, financial or otherwise, from the office of the Attorney General of the Commonwealth of Pennsylvania.
[Adopted 5-12-1995 by Ord. No. 985]
The Borough of Punxsutawney is hereby authorized to execute the Penn PRIME Workers' Compensation Trust Agreement (or member participation agreement), which trust agreement provides for the participation of the Borough of Punxsutawney, in cooperation with other Pennsylvania municipalities and local public agencies, in the Penn PRIME Workers' Compensation Trust. The trust agreement, which specifies the organizational structure necessary to implement the program, is on file for inspection and review at the offices of the Pennsylvania League of Cities and Municipalities, 414 North 2nd Street, Harrisburg, Pennsylvania 17101, and is incorporated herein by reference. The agreement may be amended after the enactment of this article by a majority vote of all the Trustees, subject to the provisions of Article 8 of the trust agreement.
The participation of the Borough of Punxsutawney in the Penn PRIME Workers' Compensation Trust is authorized for the purposes of enabling the Borough of Punxsutawney to ultimately reduce and stabilize the cost of its workers' compensation and occupational disease obligations through the creation of a joint fund to be used for the payment of workers' compensation, occupational disease and employer's liability claims on behalf of all participants in the Penn PRIME Workers' Compensation Trust.
As set forth in the Penn PRIME Workers' Compensation Trust Agreement, the following conditions, among others as set forth in the trust agreement, apply to the participation of the Borough of Punxsutawney in the Penn PRIME Workers' Compensation Trust:
That each participating municipality meets the admission and eligibility requirements set forth therein.
That each participating municipality agrees to pay all of its annual contributions and any assessments which are required for the creation and maintenance of the general operating and restricted surplus funds created pursuant to the Penn PRIME Workers' Compensation Trust, and that each agrees to be jointly and severally responsible for the obligation of each and every other party to the trust agreement to discharge the liabilities arising under the Pennsylvania Workers' Compensation Act and the Pennsylvania Occupational Disease Act.
That each participating municipality comply with the terms of the trust agreement as respects contributions, required loss prevention methods, cooperation with the trust service and fiscal agents, attorneys, claims adjustors, etc., and that each participating municipality comply with all applicable statutes and regulations governing the payment of workers' compensation claims, including, but not limited to, the Pennsylvania Workers' Compensation Act and the Pennsylvania Occupational Disease Act.
The Borough of Punxsutawney agrees to participate in the trust for a minimum period of two years.
Each participating municipality delegates to the Trustees of the Penn PRIME Workers' Compensation Trust the powers enumerated in the trust agreement, including the right to expel participants under certain conditions. The terms of the trust agreement govern the manner in which property shall be acquired, managed, licensed or disposed of. The trust shall be empowered to enter into contracts for policies of group insurance and employee benefits, including social security for its employees.
As a condition of participating in the Penn PRIME Workers' Compensation Trust, the Borough of Punxsutawney agrees to:
Pay all annual contributions or assessments as may be required by the Trustees.
Designate a contact person for the purpose of communicating with the trust or its representatives.
Perform all covenants contained in the Penn PRIME Workers' Compensation Trust Agreement and delegate to the Trustees the powers and authority enumerated in that agreement.
This article is being enacted pursuant to 53 Pa.C.S.A. § 481 et seq. and Article VIII of the Act of June 2, 1915, P.L. 736, No. 338, as reenacted and amended (the Pennsylvania Workers' Compensation Act).