[Ord. 438, 7/8/2008, § 1; as amended by Ord. No. 535, 7/9/2019]
1. 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.
2. 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.
3. 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:
A. 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.
B. 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
C. Comply with all additional terms and conditions set forth by the
Borough in the agreement as conditions precedent to providing the
special detail services.
4. 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.
5. 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. 438, 7/8/2008, § 2]
The Borough shall set forth the per hour charges for special
police detail services in the proposed agreement at a rate the Borough
Council determines, in its own discretion, to be reasonable to compensate
the individual police officers assigned and to cover the costs of
the Borough to provide such special detail services while simultaneously
staffing normal police details and patrols.
[Ord. 438, 7/8/2008, § 4]
This Part shall take effect as of the date of its enactment
and ratifies and includes all preexisting special details presently
being provided by the Borough as of the date of its enactment.
[Ord. 414, 8/9/2005, § 1]
The foregoing recitals are incorporated herein by reference.
[Ord. 414, 8/9/2005, § 2]
1. Reporting Injuries and Filing Claims.
A. 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.
B. 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.
C. 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.
2. Examination and Treatment by Health Care Providers on Borough's
Panel of Providers.
A. 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.
3. Investigation of Claims.
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
4. Dispute Resolution Procedure.
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. At least 10 days before the hearing the parties shall confer to determine
if there are any relevant undisputed facts.
H. Deposition other than of health care providers or other experts shall
be concluded no later than 10 days before the hearing.
I. 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.
J. 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.
K. 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.
L. 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.