[HISTORY: Adopted by the Borough Council of the Borough of Pennsburg as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-28-2019 by Ord. No. 2-2020]
The Borough hereby allows the Board of School Directors of the Upper Perkiomen School District to assume the hiring and oversight of school crossing guards in the Upper Perkiomen School District portion of the Borough of Pennsburg.
The school crossing guards hired by the Upper Perkiomen School District shall be authorized only in the management of traffic and pedestrians in and around areas identified by the Upper Perkiomen School District Superintendent or his or her designee.
The Borough shall not provide any training or assistance to the school crossing guards while on duty.
The school crossing guards shall not:
Come within the civil service provisions of Subchapter E of Chapter 11 of the Pennsylvania Borough Code (8 Pa.C.S.A. § 1121 et seq.);
Be considered part of the bargaining unit of the Upper Perkiomen School District;
Be considered a school employee as defined under § 1101-A of the Public School Code of 1949, as amended (24 P.S. § 11-1101-A);
Be considered a school employee as defined under 24 Pa.C.S.A. § 8102 (relating to definitions); or
Be considered an employee under any plan.
The Board of School Directors of the Upper Perkiomen School District shall promptly notify the Borough of the individuals hired to serve as school crossing guards. The Upper Perkiomen School District shall indemnify, defend and hold the Borough of Pennsburg, its elected officials, officers and employees harmless from and against any and all claims made, suits, judgments or recovery of any nature or kind resulting from any actions or omissions by or on account of any such school crossing guard, designated or appointed by the Upper Perkiomen School District pursuant to this article, and shall provide to the Borough a written agreement providing for such indemnification.
The Board of School Directors of the Upper Perkiomen School District, Pennsburg Borough Council and all other participating municipalities, if any, shall execute an intermunicipal agreement or memorandum of understanding (in a form acceptable to Pennsburg Borough) specifying their respective responsibilities with respect to the hiring, training, oversight and funding for each school crossing guard and the indemnification requirements of this article. In addition, no provisions set forth in this intermunicipal agreement shall require Pennsburg Borough to fund or provide financial assistance for the hiring, training or oversight of the crossing guards.
The provisions of this article are intended to be severable, and if any section, sentence, clause, part or provision hereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this article. It is hereby declared to be the intent of the Borough that this article would have been adopted even if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein.
This article shall become effective immediately upon enactment.