[Ord. No. 2019-562, 12/11/2019]
This Part shall be known and may be cited as the "Red Hill Borough School Crossing Guards Ordinance."
[1]
Editor's Note: The sections in this part were originally adopted as §§ 9-101 through 9-108, but were renumbered as §§ 15-901 through 15-908 to maintain the style of the Code.
[Ord. No. 2019-562, 12/11/2019]
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 Red Hill.
[Ord. No. 2019-562, 12/11/2019]
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.
[Ord. No. 2019-562, 12/11/2019]
The Borough shall not provide any training or assistance to the school crossing guards while on duty, as the Borough does not employ a police department.
[Ord. No. 2019-562, 12/11/2019]
The school crossing guards shall not:
(a) 
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.);
(b) 
Be considered part of the bargaining unit of the Upper Perkiomen School District;
(c) 
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);
(d) 
Be considered a school employee as defined under 24 Pa.C.S.A. § 8102 (relating to definitions); or
(e) 
Be considered an employee under any plan.
[Ord. No. 2019-562, 12/11/2019]
The Upper Perkiomen School District shall assume the cost of compensation, including fixing such compensation of the school crossing guards. The Borough shall reimburse the Upper Perkiomen School District for 16.67% of the total cost of compensation paid by the Upper Perkiomen School District to the school crossing guards.
[Ord. No. 2019-562, 12/11/2019]
The Board of School Directors of the Upper Perkiomen School District shall promptly notify the Borough Council of the individuals hired to serve as school crossing guards. The Upper Perkiomen School District shall indemnify, defend and hold the Borough of Red Hill, 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 Part, and shall provide to the Borough a written agreement providing for such indemnification.
[Ord. No. 2019-562, 12/11/2019]
The Board of School Directors of the Upper Perkiomen School District, the Borough Council and all other participating municipalities, if any, shall execute an intermunicipal agreement or memorandum of understanding specifying their respective responsibilities with respect to the hiring, training, oversight and funding for each school crossing guard and the indemnification requirements of this Part.