[HISTORY: Adopted by the Borough Council of the Borough of Larksville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCESAttachment 1 - Table of Penalties
Police and Fire Civil Service Commission — See Ch. 63.
[Adopted 6-4-1974 by Ord. No. 4-1974 (Ch. 40, Art. I, of the 1987 Code)]
Larksville Borough shall enter into a compact or agreement with the Boroughs of Courtdale, Edwardsville and Plymouth and Plymouth Township to effect the coordination of police activity within said municipalities under the following terms and conditions:
The municipal boundaries of Larksville Borough and the aforesaid municipalities shall remain in full force and effect, with the understanding and agreement that police officers of Courtdale, Edwardsville, Plymouth Borough and Plymouth Township shall have all the powers and authorities conferred by law on the police officers in Larksville Borough and that the police officers of Larksville Borough shall have all the powers and authorities conferred by law on the police officers in the other municipalities. However, insofar as civil service and pensions are concerned, said police officers shall be deemed to be appointees and employees only of the municipality furnishing their service and making the original appointments thereof.
The police officers of Larksville Borough and the other municipalities shall remain under the general supervision of their own Police Chiefs, except as hereinafter specified.
Larksville Borough and the other municipalities shall be represented on a Joint Police Advisory Board by its respective Police Chief or a member of his own Police Department to be designated by him.
In order for a Police Department to be represented on the advisory board and participate in this project, its municipality must ordain a like ordinance and be signatory to a police cooperation agreement between Larksville Borough, Courtdale Borough, Edwardsville Borough, Plymouth Borough and Plymouth Township.
Following execution of a like ordinance and signature of each municipality to a police cooperation agreement between the municipalities, all duly appointed policemen of the Boroughs of Courtdale, Edwardsville, Plymouth and Plymouth Township are hereby empowered to exercise all the powers and authorities conferred by law on the police officers of the Borough of Larksville while such police officers of said municipalities are within the limits of the Borough of Larksville, Luzerne County, Pennsylvania.
Any arrest made by any police officer of the Boroughs of Courtdale, Edwardsville and Plymouth and Plymouth Township, while in the limits of the Borough of Larksville, shall be reported in writing to the Mayor of the Borough of Larksville within 24 hours of any such arrest.
Operational procedures shall be established by the advisory board, which procedures shall be distributed to and binding upon all signatory municipalities to said agreement.
The Joint Police Advisory Board shall furnish to Larksville Borough and the other participating municipalities to said agreement the names of all police officers who will participate in this compact for the purpose of deputization of such officers as police officers of all the municipalities in order to perform police duties outside the boundaries of the municipality appointing such police officers.
The police services performed and the expenditures incurred under said agreement shall be deemed for public and governmental purposes, and all immunities from liabilities enjoyed by Larksville Borough and the other participating municipalities within its boundaries shall extend to its participation in police services outside its municipal boundaries.
Larksville Borough and each participating municipality shall waive any and all claims against all other participating municipalities thereto which may arise out of their police activity outside their respective jurisdictions while rendering police service under said agreement.
Each party shall save harmless other parties to said agreement from all claims by third parties' suits, damages and losses, including costs, expenses and attorneys' fees incident to or resulting from any injury to any person or damage to property which may arise out of the rendering of police service under said agreement; and, further, public liability insurance for both bodily injury and property damage liability covering police vehicles while on duty in the territorial limits of any of the participating municipalities shall be obtained by the individual signatory municipality appointing such police officers.
All differences arising out of interpretation of said agreement shall be resolved by a majority vote of the voting members of the Joint Police Advisory Board.
Withdrawal from said agreement by any single party to it shall not terminate said agreement among the remaining parties.
Withdrawal from said agreement can only be affected upon written notice by any party of not less than seven days, setting forth the date of termination.
Additional municipalities may become parties to said agreement under application to the Joint Police Advisory Board and upon approval of a majority of the then participating municipalities and upon proper acceptance of the provisions of the said agreement by the applicant municipality.
[Adopted 12-14-1977 by Ord. No. 10-1977 (Ch. 40, Art. II, of the 1987 Code)]
Editor's Note: Provisions establishing uniform dress codes for the Borough Police Department are as set by resolution of the Borough Council. Said resolutions are on file in the Borough offices.
[Amended 8-14-1985 by Res. No. 3-1985]
The Police Department of the Borough of Larksville shall consist of the following personnel: the Chief of Police and such Assistant Chiefs of Police and patrolmen as the Council of the Borough of Larksville shall from time to time designate by resolution.
The Mayor of the Borough shall have full charge and control of the Chief of Police. However, the Mayor may delegate to the Chief of Police supervision over and instruction to subordinate officers, the time during which, the place where and the manner in which the police force and every member thereof shall perform their duties.
[Amended 8-17-1994 by Ord. No. 3-1994]
The Council of the Borough of Larksville may appoint members of the Police Department to positions as set forth in § 68-3 hereof, subject to the civil service rules and regulations of Larksville Borough. All members of the Borough Police Department shall be required to live within a ten-mile radius of the Borough limits. Members of the Police Department are strongly encouraged to live within the limits of Larksville Borough.
The salaries of each of the members of the Police Department shall be as designated from time to time by a motion or resolution passed by the Council of the Borough of Larksville; provided, however, that no increase in salary given or granted to any member of the said Department shall be construed as a promotion.
The Mayor shall have full charge and control of said Police Department.
[Amended 8-14-1985 by Res. No. 3-1985]
The Police Civil Service Commission is hereby directed to amend its rules concerning eligibility for the examination to be given for the position of Assistant Chief of Police in the Larksville Borough Police Department. Any officer having 2 1/2 years of service as a police officer in the Borough of Larksville shall be eligible for the examination to the position of Assistant Chief of Police.
The following list of penalties shall be a guide for Larksville Borough Council and the Civil Service Commission in the interests of uniformity and fairness. All penalties recommended by the Public Safety Committee for offenses listed shall be within the prescribed limits.
Offenses not included in the following list shall result in penalties similar to those specified for listed offenses of comparable seriousness.
The reckoning period, as used in this section, is that period of time during which an employee is expected to have a record free of the same type of offense he was found guilty of previously. All reckoning periods shall be computed from the date the first offense was committed. Second, third and subsequent violations of the same type during the reckoning period shall be treated as second, third and subsequent offenses. The same type of offense committed after the reckoning period expires counts as a first offense.
Repeated violations of Department rules and regulations or any other course of conduct indicating a man has little or no regard for the obligations of members of the Police Department shall be cause for dismissal. This shall apply regardless of the severity of the offenses, regardless of any reckoning period and regardless of whether these violations are of the same type.