[Adopted 11-16-2020 by Ord. No. 746]
The following words and phrases, when used in this chapter, shall have the meanings given to them in this section unless the context clearly indicates otherwise:
ACTIVE VOLUNTEER
An active volunteer for Dobler Hose and Ladder Company or its nonprofit emergency medical service listed under § 377-47C who has complied with, and is certified under, the Volunteer Service Credit Program.
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 timeframe when active volunteers may earn credit under the Volunteer Service Credit Program.
EMERGENCY RESPONDER
An active volunteer who responds to an emergency call with one of the entities listed under § 377-47C.
EMERGENCY RESPONSE CALL
Any emergency call to which an active 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. Girard 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 company and its nonprofit emergency medical service.
B. 
Program criteria. The 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 an active volunteer responds.
(2) 
The level of training and participation in formal training and drills for an active 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 the volunteer fire company or its nonprofit emergency medical service.
(5) 
The total number of years the volunteer has served.
C. 
Eligible entities. The Volunteer Service Credit Program is available to residents of the Borough who are active volunteers of the Dobler Hose and Ladder Company and its nonprofit emergency medical service that provides service to Girard Borough.
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 § 377-48.
(1) 
For 2021, the eligibility period under the Volunteer Service Credit Program shall run from January 20, 2021, until December 31, 2021.
(2) 
For 2022, and each subsequent year thereafter, the eligibility period shall run from January 1 until December 31.
E. 
Recordkeeping. The chief of the volunteer fire company or the supervisor of its nonprofit emergency medical service listed under § 377-47C shall keep specific records of each active volunteer's activities in a service log to establish credits under the Volunteer Service Credit Program. Service logs shall be subject to review by the Borough Council, the State Fire Commissioner and the State Auditor General. The chief, or supervisor, shall annually transmit to the 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 Borough no later than December 1 of each year. The chief or supervisor shall post the notarized eligibility list in an accessible area of the volunteer agency's facilities. [Note: Act 172[1] states the eligibility list must be transmitted to the Borough no later than 45 days before the tax notice is sent. Tax notices could be sent as early as January 15.]
[1]
Editor's Note: See 35 Pa.C.S.A. § 79A01 et seq.
F. 
Application. Volunteers that have met the minimum criteria of the Volunteer Service Credit Program shall sign and submit an application for certification to their chief or supervisor. The chief or supervisor shall sign the application if the volunteer has met the minimum criteria of the Volunteer Service Credit Program and forward it to the Borough Secretary. Applications shall not be accepted by the Borough after April 1 of each year.
G. 
Municipal review. The 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 Borough Council shall approve all applicants that are on the notarized eligibility list. All applicants approved by the shall be issued a tax credit certificate by the Borough Secretary.
H. 
Official tax credit register. The Borough shall keep an official tax credit register of all active volunteers that were issued tax credit certificates. The Borough Secretary shall issue updates, as needed, of the official tax credit register to the following:
(1) 
Borough Council;
(2) 
Chief of the volunteer fire company;
(3) 
Chief or supervisor of the nonprofit emergency medical services;
(4) 
Tax officer for the Borough Tax Collection District [Note: if earned income tax credit is enacted].
I. 
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 one of the entities listed under § 377-47C.
(2) 
An injured emergency responder shall provide documentation from a licensed physician with the application required under § 377-47 stating that their injury prevents them 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 § 377-47, along with updated documentation from a licensed physician stating that the injury still exists and prevents them 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 Girard Borough Volunteer Service Credit Program shall be eligible to receive a tax credit of up to $200 of the earned income tax levied by the 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. An active volunteer with a tax credit certificate may file a claim for the tax credit on their Borough earned income tax liability. When filing a final return for the preceding calendar year with the tax officer for the Girard 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 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 § 377-50.
(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 Girard Borough Volunteer Service Credit Program shall be eligible to receive a real property tax credit of 20% [Note: Act 172 limits the percentage to 20%.] of the Borough 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. An active volunteer with a tax credit certificate may file a claim for the tax credit on their qualified real property tax liability for the Borough's real estate tax levy. An active volunteer shall file the following with the tax collector. [Note: This may include the Borough's general fund millage and special tax levies.]:
(1) 
The tax credit certificate.
(2) 
Photo identification.
C. 
Rejection of the tax credit claim.
(1) 
The tax collector shall reject the claim for a Borough real property tax credit if the taxpayer fails to provide the documents required under Subsection B.
(2) 
If the tax collector 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 § 377-50.
(3) 
Taxpayers shall have 30 days to appeal the decision of the tax collector.
A. 
Earned income tax credit appeals.
(1) 
Any taxpayer aggrieved by a decision under § 377-48 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 § 377-48 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.
[Note: Reference the procedure identified by the Borough's Local Taxpayer Bill of Rights ordinance.]
B. 
Real property tax credit appeals.
(1) 
Any taxpayer aggrieved by a decision under § 377-49 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 § 377-49 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."