[Ord. No. 2013-7, 8/5/2013]
This Part shall be known as the "Burnham Borough Regional Police
Department Ordinance of 2013."
[Ord. No. 2013-7, 8/5/2013]
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 The Borough Code, as amended and reenacted, 53 P.S. § 45101
et seq. and, specifically, 53 P.S. § 46202 (24) Intergovernmental
Cooperation, of the Borough Code and otherwise per law, 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.
§ 2301 et seq.) as amended.
[Ord. No. 2013-7, 8/5/2013]
The Borough of Burnham 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.
[Ord. No. 2013-7, 8/5/2013]
1. 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. The article
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 Affairs, 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. This article 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 Police Pension Act, Act 600 of 1955, as amended, 53 P.S.
§ 767 et seq., as amended. Further, this article also provides
for the power to enter into contracts and sets forth the standards
for procurement.
I. Article IX - Property. Establishes terms and condition 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. This article 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.
[Ord. No. 2013-7, 8/5/2013]
The President of Borough Council or in his or her absence, the
Vice President of Borough Council, together with the Borough Secretary,
are hereby authorized and directed to execute and attest to the agreement
and counterparts thereof on behalf of the Borough of Burnham. This
authority and direction to execute the agreement shall be authorized
and carried out even if changes are made after the enactment of this
Part, 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 Part.