Borough of Burnham, PA C Mifflin County Regional Police Department.

§ 825 Short Title.

[Ord. No. 2013-7, 8/5/2013[1]]

This Part shall be known as the "Burnham Borough Regional Police Department Ordinance of 2013."

[1] Editor's Note: This ordinance also repealed former Subpart C, Mifflin County Regional Police Department, adopted by Ord. 2007-2, 3/5/2007.

§ 826 Authority.

[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.

§ 827 Approval of Intermunicipal Agreement.

[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.[1]

[1] Editor's Note: Appendix A is on file in the Borough office.

§ 828 Summary of Agreement.

[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.

§ 829 Execution of the Intermunicipal Agreement.

[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.