This article shall be known as the "Derry Township Regional
Police Department Ordinance of 2013."
The Articles of Agreement (hereinafter referred to as the "intermunicipal
agreement") which continues the association and the existence of the
Mifflin County Regional Police Department and revises the policies
and procedures governing the management, administration and operation
of the Mifflin County Regional Police Department and the provision
of police services to the member municipalities is adopted and enacted
pursuant to Section 1507, Intergovernmental Cooperation, of the Second
Class Township Code, as amended (53 P.S. § 66507, as amended)
and in accordance with the provisions of the Intergovernmental Cooperation
Law, Act of December 19, 1996, P.L. 1158, No. 177, § 1 (53
Pa.C.S.A. § 2301 et seq.) as amended.
The Township of Derry hereby approves and adopts the Articles
of Agreement substantially in the form and content as those Articles
of Agreement, attached hereto, incorporated herein by reference and
as set forth in Appendix A hereto.
As required by the Intergovernmental Cooperation Law, 53 Pa.C.S.A.
§ 2307, the substance and effect of those specific provisions
of the intermunicipal agreement are as follows:
A. Article
I, Term. The initial term is for a period of two years commencing on the date of execution and thereafter automatically renewing for subsequent one-year terms. Unanimous consent of all parties is required for a party to terminate its participation during the initial term. Thereafter, provisions are provided for withdrawal by a party without the unanimous consent of all other parties conditioned upon the payment of specified costs, expenses, obligations and liabilities.
B. Article
II, Delegation of Powers. This article delegates to the Mifflin County Regional Police Department all functions, powers and responsibilities with respect to the management, administration and management of the Police Department or police force as set forth therein and specifically in accord with specified federal and state laws and regulations, including those specifically set forth therein.
C. Article
III, Police District Boundaries. Provides for a single police district and the obliteration of all municipal boundaries of member municipalities for purposes of police services and also includes the geographic area of a nonmember municipality which has entered into a contract with the Mifflin County Regional Police Department.
D. Article
IV, Regional Police Board. Provides for the number of Directors and Alternate Directors and the number of Directors that each municipality is entitled to appoint to serve on the Board of Directors. Article
IV also provides for the appointment of officers who shall serve without compensation, but may be reimbursed for reasonable and necessary expenses incurred in performance of the duties of the office to which the officer is appointed.
E. Article
V, Meetings. Provides for the time and date of meetings for the election of officers and the regular meetings of the Board of Directors, as well as provisions relating to scheduling of special or rescheduled meetings, the necessary quorum for the transaction of business, parliamentary procedure and the keeping of minutes and records.
F. Article
VI, Annual Funding Charge and Apportionment Formula. Provides a detailed formula for the annual funding charge as to each municipality's proportionate share of costs, expenses, liabilities and obligations of the Mifflin County Regional Police Department. Payment of the annual funding charge by member municipalities shall be in 12 equal monthly installments commencing on January 1 of the budget year and on the first day of each month thereafter.
G. Article
VII, Finance. Sets forth provisions for annual budget preparation, the appointment of a Business Manager, the establishment of accounts with depository institutions, the filing of an annual written report with the Pennsylvania Department of Community and Economic Development, audits and the annual publication of a concise financial statement in a newspaper of general circulation in the participating municipalities and the right of the Attorney General of the Commonwealth of Pennsylvania to examine the books, accounts and records of the Board of Directors.
H. Article
VIII, Jurisdiction and Power. Provides for the provision of police services to the district and to each participating municipality, including criminal investigations, assistance in ordinance enforcement and other services normally provided by a municipal police department. Sets forth provisions on appointment, removals and promotions relating to personnel all in accord with any collective bargaining agreement, the Borough Code, the Second Class Township Code and policies established by Mifflin County Regional Police. Article
VIII further provides for the Board to establish uniform policies on wages, hours and conditions and terms of employment, a written personnel policy, payment of employer costs of the Regional Police Pension Fund per the Municipal Pension Plan Funding Standard and Recovery Act, Act 205 of 1984, 53 P.S. § 895.101 et seq., the payment to the Mifflin County Regional Police Department of General Municipal State Aid Pension funds distributed to them by the Commonwealth of Pennsylvania. Article
VIII also provides for compliance with the Municipal Police Pension Law, Act 600 of 1955, as amended, 53 P.S. § 767 et seq., as amended. Further, Article
VIII also provides for the power to enter into contracts and sets forth the standards for procurement.
I. Article
IX, Property. Establishes terms and conditions for the purchase of property, specifically equipment, materials and supplies.
J. Article X, Police Headquarters. Headquarters shall initially be located
at 13225 Ferguson Valley Road, Yeagertown, Pennsylvania, 17099, subject
to change from time to time as determined by the Board of Directors.
K. Article XI, Police Record System. Provides for the establishment
of a complete and up-to-date uniform police record system.
L. Article XII, Deputization, Immunity and Claims. Article XII sets
forth that all police officers shall have full jurisdiction and authority
within the member municipalities, provides for specified immunities,
the maintenance of adequate liability insurance, and for proportionate
liability for services lawfully provided.
M. Article XIII, Joinder of Additional Municipalities. Sets forth the
procedure to be followed for an additional municipality to become
a party to the intermunicipal agreement and the assumption of liability
therefor.
N. Article XIV, Withdrawal of Municipalities. Sets forth the liability
of a member municipality which withdraws from the agreement.
O. Article XV, Termination. The withdrawal by any single party does
not terminate the agreement among the remaining parties.
P. Article XVI, Interpretation of Agreement. This article sets forth
a dispute resolution procedure.
Q. Article XVII, Prior Agreements. This agreement supersedes the prior
intermunicipal agreement dated June 30, 1993, saving any actions taken
thereunder which are pending and are not inconsistent with this agreement.
R. Article XVIII, Amendment. The agreement may only be amended by written
amendment approved as more particularly set forth therein.
The Chairman of the Board of Supervisors or, in his or her absence,
the Vice Chairman of the Board of Supervisors, together with the Township
Secretary, are hereby authorized and directed to execute and attest
to the agreement and counterparts thereof on behalf of the Township
of Derry. This authority and direction to execute the agreement shall
be authorized and carried out even if changes are made after the enactment
of this article, provided that the agreement is substantially in the
form approved hereby and that such changes are editorial in nature
and do not affect the meaning, intent, substance or effect of the
agreement as approved by this article.
The Township of Derry shall otherwise take all actions and its
authorized officers shall execute all documents necessary and appropriate
to effectuate the intent of this article and for the Township to be
and remain a party to the intermunicipal agreement and a member municipality
of the Mifflin County Regional Police Department.