Borough of Rankin, PA POLICE DEPARTMENT

[Ord. 438, 7/8/2008, § 1; as amended by Ord. No. 535, 7/9/2019]

All persons or entities undertaking the performance of land, road and/or bridge construction, repair and/or development projects, and all persons or entities performing any other type of project that requires a flagman for the purpose of limiting, redirecting or otherwise controlling motor vehicle traffic shall utilize uniformed Borough Police officers to provide such motor vehicle traffic control services pursuant to a contract to be entered into with the Borough as set forth in Subsection C below.

All persons or entities requesting or requiring Borough Police Officer special detail services to provide policing, crowd and/or traffic control for an event shall follow the contracting process set forth in Subsection C below.

All persons or entities requiring special detail Borough Police Officer Services, including as set forth in Subsections A and B above, shall enter into a written contract with the Borough of Rankin for the providing such services that will include an agreement by the person or entity to:

Pay the Borough a special detail amount of money per hour as set by resolution or ordinance for special details, for each police officer detailed to the project.

Pay the Borough a special detail rate amount of money per hour, as set by resolution or ordinance for special details, for each hour the Borough pays a police officer for appearing as a witness in any hearing or trial in any court, tribunal or agency, outside of the police officer's regular work schedule in connection with arrests, citations or incidents relating to the special detail; and

Comply with all additional terms and conditions set forth by the Borough in the agreement as conditions precedent to providing the special detail services.

The Borough Chief of Police shall determine the number of police officers required to staff a particular special detail in order to adequately protect the health, safety and welfare of the public.

At the discretion of the Borough Chief of Police, a person or entity may be exempted from complying with the requirements of this Section if the Borough Chief of Police determines that there is insufficient police manpower available to assign to the proposed special detail. In such case, the person or entity shall obtain flagman services, traffic control services, or security services from an alternative provider of such services as required to insure the public health, safety and welfare.

[Ord. 414, 8/9/2005, § 2]

Reporting Injuries and Filing Claims.

A police officer who is injured in the performance of his or her duties shall immediately file a report thereof with the Borough Secretary. The report shall: state the name of the police officer; state the date, time and place of the injury; describe the injury; describe the circumstances leading to the injury, and state, if known the names, addresses and telephone numbers of all persons, including other police officers, who witnessed the injury or any of the circumstances leading to the injury.

A police officer who is temporarily incapacitated from performing his or her duties as a result of being injured in the performance of his or her duties shall file a verified claim for benefits under the Heart and Lung Act with the Borough Secretary within 10 calendar days of becoming in capacitated from performing his or her duties. The claim shall include the same information as the report of the injury required under Subsection 1; shall state the names, addresses, telephone numbers and fax numbers of all health care providers who have examined or treated the police officer for the injury, and any other health care providers who have examined or treated the police officer in the past 10 years, or who have examined or treated the police officer for the same or similar injury at any time, and shall state the names, addresses, telephone numbers and fax numbers of the police officer and his or her representative, if any. The police officer shall also file a claim for benefits under the workers compensation act at the same time he or she files the claim for benefits under the Heart and Lung Act.

A police officer who files a claim for benefits under the Heart and Lung Act shall sign authorization(s) which allow the Borough to obtain all medical records from all health care providers identified in the claim that the Borough believes will be helpful to determining his or her entitlement to benefits, and allowing the Borough to disclose such records to any person the Borough believes will be helpful to determining the police officer's entitlement to benefits, or in the process of litigating over the claim.

Examination and Treatment by Health Care Providers on Borough's Panel of Providers.

A police officer who makes a report that he or she was injured in the performance of his or her duties, or files a claim for benefits under the Heart and Lung Act, shall initially, and for 90 days after the initial examination and treatment, be examined and treated by a health care provider selected from the Borough's workers compensation panel of health care providers.

Investigation of Claims.

The Borough shall promptly investigate initial claims for benefits under the Heart and Lung Act. The Borough shall make its determination to grant or deny benefits within 30 days, provided that if it does not render a decision within 60 days, and the police officer and the Borough have not agreed to the Borough granting temporary benefits pending a decision by the Borough in accordance with Subsection 3B, the claim shall be deemed to be denied, and the police officer may appeal the deemed denial in accordance with Subsection 4A.

The Borough, with the written agreement of the police officer, may grant benefits temporarily to the police officer pending the outcome of its investigation, and such granting of benefits shall not be binding upon the Borough or have a preclusive effect on the Borough in any later proceeding, whether under this agreement or in any court, administrative agency, or other forum. The Borough may stop the temporary benefits if it determines that the police officer is not entitled to them and the Boroughs right to stop them shall not be binding on the police officer in any later proceeding, whether under this agreement or in any court, administrative agency or other forum.

The Borough shall have the right to monitor the incapacity or capacity of any police officer to whom it grants benefits under the Heart and Lung Act, and to conduct investigations related thereto.

The Borough's investigation(s) may include seeking opinion(s) from health care provider(s) or attorney(s) chosen by the Borough, and the Borough shall have the right to disclose the police officers medical records to the health care provider(s) and attorney(s). The Borough shall also have the right to have the police officer examined by health care provider(s) chosen by the Borough in connection with its investigations, upon the filing of a claim, and from time to time thereafter, as the Borough may reasonably determine.

The police officer shall cooperate in all investigations by the Borough and all examinations by health care providers chosen by the Borough, and shall provide such additional information to the Borough and the health care provider and attorney chosen by the Borough that any of them may reasonably request.

The Borough's decision to grant or deny the police officer's initial request for Heart and Lung benefits, or to discontinue temporary benefits pursuant to an agreement under Subsection 3B shall be in writing and mailed to the last address which the police officer has given to the Borough in writing. The date of mailing of the decision shall be stated therein.

Dispute Resolution Procedure.

If the Borough denies a police officer's claim for Heart and Lung benefits, either initially or after a temporary grant of benefits pursuant to an agreement under Subsection 3B, the police officer shall have a right to request a local agency hearing conducted in accordance with §§ 551 — 555 of the Pennsylvania Local Agency Law, 2 Pa.C.S.A. §§ 551 — 555 by an independent hearing officer appointed by the Borough, which request shall be made within 30 days of the date of mailing the Borough's written decision to deny benefits.

If the Borough grants a police officer Heart and Lung benefits then it may not discontinue those benefits except pursuant to an agreement for the temporary grant of benefits under Subsection 3B, or pursuant to a decision of a hearing officer after a local agency hearing, requested by the Borough, and conducted in accordance with §§ 551 — 555 of the Pennsylvania Local Agency Law, 2 Pa.C.S.A. §§ 551 — 555 by an independent hearing officer appointed by the Borough.

A request for a hearing shall state the name of the requesting party's representative, and the addresses, telephone numbers and fax numbers of the requesting party, the requesting party's representative, the other party and the other party's representative if any.

The local agency hearing shall be held within 30 days of the date on which the Borough Secretary receives a written request therefore, as determined by the date stamp which the Borough Manager places upon the request. The Borough Secretary shall promptly notify both parties and their representatives, if any, of the date of the hearing by mail and by telephone.

The parties shall exchange all existing health care records and all existing reports or opinions of health care providers expected to be called as witnesses or to submit reports, within five days after the parties are notified of the hearing date.

Any requests for documents other than health care records from the other party shall be made no later than 10 days after the parties are notified of the hearing date and shall be responded to at least 10 days before the hearing.

At least 10 days before the hearing the parties shall confer to determine if there are any relevant undisputed facts.

Deposition other than of health care providers or other experts shall be concluded no later than 10 days before the hearing.

At least five days before the date of the hearing, the parties shall exchange and submit to the hearing officer: (1) all exhibits which they intend to use at the hearing; (2) a list of witnesses they expect to call at the hearing with a concise statement of the testimony they expect to elicit from each witness, and a statement of undisputed facts.

The opinions of health care providers or other experts may be presented in person at the hearing, or upon agreement of the parties: (1) by transcript of a deposition of the health care provider or expert, or (2) a report signed by the health care provider or expert which includes information about the health care provider or expert sufficient to qualify him or her as an expert. If the parties agree to submit heath care provider or other expert opinion by reports, then initial reports shall be exchanged no later than 10 days prior to the hearing or deposition, and rebuttal reports shall be exchanged no later than five days before the hearing. If the parties agree to submit heath care provider or other expert opinion by deposition, then the health care provider or other expert of party with the burden of proof shall be deposed first, and the depositions shall be scheduled so that they are completed by the day of the hearing.

A complete stenographic record of the hearing shall be made. The parties shall have a right to submit written proposed findings of fact and conclusions of law within 15 days after the close of the hearing. Any party that desires to submit findings of fact and conclusions of law must make arrangements with the stenographer to obtain a copy of a transcript of the hearing in sufficient time to file such findings and conclusions within 15 days after the close of the hearing.

Any disputes about the procedures established by this Subpart as they affect a dispute over a claim by a police officer for heart and lung benefits or a claim by the Borough that heart and lung benefits previously granted should cease shall be resolved by the hearing officer.