[Adopted 4-10-2018 by Ord. No. 9-2018[1]]
[1]
Editor’s Note: This ordinance provided an effective date of 4-10-2018 and stated that once effective, it would apply retroactively to 1-10-2018.
The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise.
ACTIVE VOLUNTEER
A volunteer for a volunteer fire company listed under § 273-74C who has complied with, and is certified under, the Volunteer Service Credit Program.
CHIEF
Fire Chief of Greenwood Hose Company No. 1.
EARNED INCOME TAX
A tax on earned income and net profits levied under Chapter 3 of the Act of December 31, 1965 (P.L. 1257, No. 511), known as The Local Tax Enabling Act.[1]
ELIGIBILITY PERIOD
The time frame when volunteers may earn credit under the Volunteer Service Credit Program.
EMERGENCY RESPONDER
A volunteer who responds to an emergency call with one of the entities listed under § 273-74C.
EMERGENCY RESPONSE CALL
Any emergency call to which a volunteer responds, including travel directly from and to a volunteer's home, place of business or other place where he/she shall have been when the call was received.
QUALIFIED REAL PROPERTY
A residential real property owned and occupied as the domicile of an active volunteer.
VOLUNTEER
A member of a volunteer fire company or a nonprofit emergency medical service agency.
[1]
Editor's Note: See 53 P.S. § 6924.101 et seq.
A. 
Establishment. Moosic Borough hereby establishes a Volunteer Service Credit Program. The goal of the program is to encourage membership and service in the community's volunteer fire companies and nonprofit emergency medical service agencies.
B. 
Program criteria. The Moosic Borough Council shall establish, by resolution, the annual criteria that must be met to qualify for credits under the program based on the following:
(1) 
The number of emergency response calls to which a volunteer responds.
(2) 
The level of training and participation in formal training and drills for a volunteer.
(3) 
The total amount of time expended by a volunteer on administrative and other support services, including but not limited to:
(a) 
Fundraising.
(b) 
Providing facility or equipment maintenance.
(c) 
Financial bookkeeping.
(4) 
The involvement in other events or projects that aid the financial viability, emergency response or operational readiness of a volunteer fire company or a nonprofit emergency medical service agency.
(5) 
The total number of years the volunteer has served.
C. 
Eligible entity. The Volunteer Service Credit Program is available to residents of the Moosic Borough who are volunteers of the following volunteer fire company that provides service to Moosic Borough:
(1) 
Greenwood Hose Company No. 1.
D. 
Eligibility period. A volunteer must meet the minimum criteria, set by resolution under this section, during the eligibility period to qualify for the tax credits established under § 273-75.
(1) 
For 2018, the eligibility period under the Volunteer Service Credit Program shall run from January 10, 2018, until October 31, 2018.
(2) 
For 2019, and each subsequent year thereafter, the eligibility period shall run from November 1 until October 31 of the following year.
E. 
Recordkeeping. The Chief of the eligible entity listed under § 273-74C shall keep specific records of each volunteer's activities in a service log to establish credits under the Volunteer Service Credit Program. Service logs shall be subject to audit and review by the Moosic Borough, the State Fire Commissioner and the State Auditor General.
F. 
Notarized list. The Chief of the eligible entity shall annually transmit to the Moosic Borough a notarized eligibility list of all volunteers that have met the minimum criteria for the Volunteer Service Credit Program. The notarized eligibility list shall be transmitted to the Moosic Borough no later than November 15 of each year. The Chief shall post the notarized eligibility list in an accessible area of the volunteer agency's facilities.
G. 
Application. Volunteers that have met the minimum criteria of the Volunteer Service Credit Program shall sign and submit an application for certification to the Chief. The Chief shall sign the application if the volunteer has met the minimum criteria of the Volunteer Service Credit Program, and forward it to the Moosic Borough Secretary. Applications shall not be accepted by the Moosic Borough Secretary after April 1 of each year.
H. 
Municipal review. The Moosic Borough Secretary shall review the applications for credit under the Volunteer Service Credit Program and shall cross-reference them with the notarized eligibility list. The Moosic Borough Council shall approve all applicants that are on the notarized eligibility list. All applicants approved by the Moosic Borough Council shall be issued a tax credit certificate by the Moosic Borough Secretary.
I. 
Official tax credit register. The Moosic Borough Secretary shall keep an official tax credit register of all active volunteers that were issued tax credit certificates. The Moosic Borough Secretary shall issue updates, as needed, of the official tax credit register to the following:
(1) 
Moosic Borough Council;
(2) 
Chief of the volunteer fire company;
(3) 
Chief or supervisor of the nonprofit emergency medical services agency;
(4) 
Tax officer for the Lackawanna County Tax Collection District.
J. 
Injured volunteers.
(1) 
An emergency responder that is injured during an emergency response call may be eligible for future tax credits. The injury must have occurred while responding to, participating in, or returning from an emergency response call with the entity listed under § 273-74C.
(2) 
An injured emergency responder shall provide documentation from a licensed physician with the application required under § 273-74 stating that his/her injury prevents him/her from performing duties to qualify as an active volunteer. In such a case, the injured emergency responder shall be deemed an active volunteer for that tax year.
(3) 
An injured emergency responder shall annually submit the application required under § 273-74, along with updated documentation from a licensed physician stating that the injury still exists and prevents him/her from qualifying as an active volunteer. The injured emergency responder shall again be deemed an active volunteer for that tax year. An injured emergency responder shall only be deemed an active volunteer for a maximum of five consecutive tax years.
A. 
Tax credit. Each active volunteer who has been certified under the Moosic Borough Volunteer Service Credit Program shall be eligible to receive a tax credit of up to $500 of the earned income tax levied by the Moosic Borough. When an active volunteer's earned income tax liability is less than the amount of the tax credit, the tax credit shall equal the individual's tax liability.
B. 
Claim.
(1) 
An active volunteer with a tax credit certificate may file a claim for the tax credit on the municipality's earned income tax liability when filing a final return for the preceding calendar year with the tax officer for the Moosic Borough Tax Collection District.
C. 
Rejection of tax credit claim.
(1) 
The tax officer shall reject a claim for a tax credit if the taxpayer is not on the official tax credit register issued by the Moosic Borough Secretary.
(2) 
If the tax officer rejects the claim, the taxpayer shall be notified in writing of the decision. The notice shall include the reasons for the rejection and provide the method of appealing the decision pursuant to § 273-77.
(3) 
Taxpayers shall have 30 days to appeal the decision of the tax officer.
A. 
Tax credit. Each active volunteer who has been certified under the Moosic Borough Volunteer Service Credit Program shall be eligible to receive a real property tax credit of 20% of the municipal tax liability on qualified real property. If the tax is paid in the penalty period, the tax credit shall only apply to the base tax year liability.
B. 
Claim.
(1) 
An active volunteer with a tax credit certificate may file a claim for the tax credit on his/her qualified real property tax liability for the municipality's real estate tax levy. The tax credit shall be administered as a refund by the Moosic Borough Treasurer. An active volunteer shall file the following with the Moosic Borough Secretary.
(a) 
A true and correct receipt from the Municipal Real Estate Tax Collector of the paid municipal real property taxes for the tax year for which the claim is being filed.
(b) 
The tax credit certificate.
(c) 
Photo identification.
(d) 
Documentation that the tax paid was for qualified real property as defined in this article.
(2) 
If the active volunteer provides all documents required under this subsection, the Moosic Borough Treasurer shall issue the tax refund to the active volunteer.
C. 
Rejection of the tax credit claim.
(1) 
The Moosic Borough Secretary shall reject the claim for a municipal real property tax credit if the taxpayer fails to provide the documents required under Subsection B(1).
(2) 
If the Moosic Borough Secretary rejects the claim, the taxpayer shall be notified in writing of the decision. The notice shall include the reasons for the rejection and provide the method of appealing the decision pursuant to § 273-77.
(3) 
Taxpayers shall have 30 days to appeal the decision of the Moosic Borough Secretary.
A. 
Earned income tax credit appeals.
(1) 
Any taxpayer aggrieved by a decision under § 273-75 shall have a right to appeal said decision.
(2) 
A taxpayer shall have 30 days to appeal a decision or rejection of claim.
(3) 
All appeals of decisions under this article shall follow the provisions of the Act of May 5, 1998, P.L. 301, No. 50, known as the Local Taxpayers Bill of Rights.[1]
[1]
Editor's Note: See 53 Pa.C.S.A. § 8421 et seq.
B. 
Real property tax credit appeals.
(1) 
Any taxpayer aggrieved by a decision under § 273-76 shall have a right to appeal said decision.
(2) 
A taxpayer shall have 30 days to appeal a decision or rejection of claim.
(3) 
All appeals under § 273-76 shall follow the provisions of 2 Pa.C.S.A., Chapter 5, Subchapter B (relating to practice and procedure of local agencies), and 2 Pa.C.S.A., Chapter 7, Subchapter B (relating to judicial review of local agency action), also known as the "Local Agency Law."[2]
[2]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq. and 2 Pa.C.S.A. § 751 et seq.
A. 
Any individual who knowingly makes or conspires to make a false report in an application for certification under this article commits a misdemeanor of the first degree punishable by a fine of $2,500.
B. 
Any individual who knowingly provides or conspires to provide false information that is used to complie a service log under this article commits a misdemeanor of the first degree punishable by a fine of $2,500.