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HomeMy WebLinkAbout00-04159 r ""I' " Ii -4 JUN 3 0 20DV MID-CUMBERLAND VALLEY REGIONAL POLICE ASSOCIATION : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : APPEAL OF : ACT 111 INTEREST ARBITRATION : AAA-55L 360 0323 99W to-l\l~'\ MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION ORDER OF COURT AND NOW, this _ day of ,2000, upon consideration of Petitioner's Petition to Vacate Arbitration Award, any response thereto and good cause appearing therefore, it is hereby ORDERED and DECREED that the Arbitration Award entered in this cause of action on May 23, 2000 is vacated and/or modified in the manner set forth in the Petition. BY THE COURT: J. ij ~~ ,. ,,~^' 1;4>,,1 JlJH3~~ MID-CUMBERLAND VALLEY REGIONAL POLICE ASSOCIATION : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : APPEAL OF : ACT 111 INTEREST ARBITRATION : AAA-55L 360 0323 99W MID-CUMBERLAND V ALLEY REGIONAL POLICE COMMISSION RULE day of~ -l-tJ ,2000, a Rule is entered upon the respondents, Mid-Cumberland Valley Regional P 'e Association and Mid-Cumberland Valley Regional Police Commission to show cause why the ar . ation award entered in this cause of action on o'clock .m. III May 23, 2000 and received by petitioner on May 30, RULE RETURNABLE the _ day of Courtroom No. _, Cumberland County Courthouse, Carlisle, Pennsy Af -f). c- lLetU.Jr at &; wn,S l..~ ~ ).,f.AIt.~' n(j. /~ Maf N&.E.r.r~/~i rrf -IA.'.1 i'/h L V - . . !~ ~ ~l sl 1 ;l ~M "' ,-,~ o~,~,,~ .....,.~t _rlCl ~ =-~ "=" 'd' ~. "I ~y>\ r, R ,,9J' /., v -'\ . .. A~W'''!l5!:{~;V'H"!",,,,);fj>ow.!lm~~,m)ii\;j'PI!1f~~il.l~!llIlmJrm~~Rii!:I"'t., ,,-- :c' """'" , MID-CUMBERLAND VALLEY REGIONAL POLICE ASSOCIATION V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : APPEAL OF ACT III INTEREST ARBITRATION : AAA-55L 360 0323 99W MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION : ~.IJ7J- 'lID'? ~ I~ PETITION TO MODIFY. OR VACATE ARBITRATION AWARD Petitioner, Shippensburg Borough, by and through its counsel, G. Bryan Salzmann, of Salzmann & DePaulis, P.C., files this Petition to Modify or Vacate the Arbitration Award entered by a panel of Arbitrators in this matter and in support thereof believe and avers as follows: 1. The Petitioner, Shippensburg Borough, is and was a Participant and signator, along with Shippensburg Township, in the Charter Agreement entered into on January I, 1993 establishing the Mid-Cumberland Valley Regional Police Commission ("MCVR Police Commission"), which was amended by the Amended Charter Agreement dated July 10, 1998. A true and correct copy of the Amended Charter Agreement dated July 10,1998 is attached hereto as Exhibit "A". 2. The MCVR Police Commission was established for the express purpose of providing Police Services for its Participants, the present and future member municipalities. L_I,~. - , 3. The MCVR Police Commission is and was governed by a joint commission of persons composed of representative members of the Participants, from the Shippensburg Borough Council and the Shippensburg Township Board of Supervisors. 4. The MCVR Police Commission through its joint participants, Shippensburg Borough and Shippensburg Township, appointed an arbitrator to represent its interests and participate in the interest arbitration proceedings. 5. Shippensburg Borough is and was, therefore, a participant in the interest arbitration proceedings and award which is the subject of this appeal, pursuant to the Pennsylvania Supreme Court's decision in Lewistown v. Pennsylvania Labor Relations Board, 735 A.2d. 1240,558 Pa. 141 (1999). A true and correct copy ofthe decision is attached hereto as Exhibit "B". 6. Pursuant to Lewistown, Shippensburg Borough is a joint employer ofthe police officers represented by the Mid-Cumberland Valley Regional Police Association ("MCVR Police Association") and employed by the MCVR Police Commission, and as such has standing to appeal the arbitration award, a true and correct copy of the award is attached hereto and made a part hereof as Exhibit "C". 7. The award, which was received by Petitioner by first class mail on or about May 30th, 2000, should be vacated for the following reasons: A. The arbitrators exceeded their authority by deciding issues not placed in dispute by either party as required by the Act ofJune 24, 1968. P.L. 237, No. 111(4) (43 Pa. C.S.A. 9217.4) including: (1) issues which may arrive out ofthe eventual dissolution of the Mid- Cumberland Valley Regional Police Commission; 2 , I , (2) the status of all of those active officers who have been full time members of the Regional Police Department, wherein the arbitration award improperly considered a matter not at issue, specifically the dissolution of the MCVR Police Commission, and ordered the reinstatement ofthe full time officers by the Borough in the event that the Borough established a Shippensburg Borough Police Department; (3) the status of the pension fund established by the MCVR Police Commission, wherein the arbitration award improperly considered a matter not at issue, specifically the dissolution ofthe MCVR Police Commission, and ordered a municipality hiring officers from the Regional Police Department to take full responsibility for the accrued and unfunded pension liabilIty attributable to each officer; (4) the status and responsibility of the joint employers of the MCVR Police Commission wherein the arbitration award improperly considered a matter not at issue, specifically, the dissolution of the MCVR Police Commission, and bound the Borough but not the joint employer, Township to the terms ofthe award mandating the reinstatement ofthe police force and funding the pension, and relieving the Township for any ongoing responsibility concerning accrued, unfounded liability for the pension; and (5) The Petitioner believes and avers that the only written issues placed before the arbitrators by the MCVR Police Association were those identified in the document attached hereto as Exhibit "D"; pursuant to 3 - .", , .,j the decision of the Commonwealth Court in In re: Arbitration Award Between Lower Yoder Township Police and Lower Yoder Township, 654 A.2d 651 (1995), an interest arbitration award under Act 111 can embrace only those issues which the party requesting arbitration has specified in the written notice of arbitration. B. The arbitrators exceeded their authority and entered an award limiting the Borough's ability to reduce any potential police force for "economic reasons only" in contravention ofthe Section 1190 of the Pennsylvania Borough Code, 53 P.S. 46190, a provision granting a Borough the authority to reduce a force for "economic or other reasons". A true and correct copy of the Section 1190 of the Borough Code is attached hereto as Exhibit "E". C. The arbitrators exceeded their authority and entered an award binding the Borough to rehire all members of the police force while eliminating the Borough's statutory authority to reduce the force for reasons other than economic reasons, in contravention of the positive mandate set forth in the Borough Code in Section 1190. WHEREFORE, for all the reasons set forth above, Petitioner prays that this Court vacate, or in the alternative, modify the Arbitration Award and award to the Petitioner the costs of this action and grant such other relief as the Court may deem appropriate. 4 Date: June 23, 2000 , .' - Respectfully Submitted, SALZMANN & DePAOLIS, P.e. "- By: Meli sa K. Dively, sq ire for Attorney: ID#36780 For: G. Bryan Salzmann, Esquire Attorney ID#61935 455 Phoenix Drive; Suite A Chambersburg, P A 1720 I (717) 263-2121 Solicitor of Shippensburg Borough 5 , 'L ~-'" , ~, ~ " ' VERIFICATION I verifY that all the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief and that any false statements made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. M k Buterbaugh President, Borough Council 6 " ~, ,~, "' " ,.' CERTIFICATE OF SERVICE ~~~ I hereby certify that on' day of June, 2000, I served a true and correct copy of the foregoing Petition to Modify or Vacate Arbitration Award by first class mail, postage pre-paid to the following: Mid-Cumberland Valley Regional Police Association Post Office Box 26 Shippensburg, P A 17257 Mid-Cumberland Valley Regional Police Commission Post Office Box 26 Shippensburg, P A 17257 Elliot Newman, Esquire 79 North Jackson Avenue Pittsburgh, PA 15202 Richard Wagner, Esquire 2233 North Front Street Harrisburg, P A 1711 0 Forest Myers, Esquire 137 Park Place West Shippensburg, P A 17257 Respectfully Submitted, SALZMANN & DeP ADLIS, P.C. / I By: elissa. , sqUIre Attorney ID#36 80 455 Phoenix 've; Suite A Chambersburg, PAl 720 I (717) 263-2121 7 ~" , "'" " - ~- ==,. ~~ Nav 29 99 08:15p Salz~ann ~ DePaulis, P.C. 717263-0663 FROM I SHI PPENSBURG I3ffiOUGH FAX tI). ; Nov. 23 1999 03:20PM P1 AMENDED COMPOSITE CHARTER OF MID CUMBERLAND VALLEY REGIONAL POUCE COMMISSION ,. THIS CHARTER AGREEMENT is entered into tbis l!.... day of r~ 1'1 ' 1998, as !he Composite Charter for !he Mid Cwnberland Valley Regional Police Commission, ("MCVRPC"), an unincorporated, non-profit association established under the authority of Act of July 12, 1972, P.L. IlIO, 8$ amended, S3 P.S. Sec. 481 et seq., for the e"pre$S purpose of providing police services for its present and future member municipalities (Participants). Said Participants, in consideration of their mutual conunilR1ents berein sel forlb, agree 10 be bound to the acknowledgments and covenant hereinafter set fortb. 1. PREAMRT.E The Partieipan15 acknowledge that the MCVRPC Was created via Artieles of Agreemenl executed December, 1992, by Shippensburg Township. and Shippensburg Borough and also acknowledge that tbe present Participants in the MCVRPC are Sbippensburg Township, and Shippensburg Borough. 2. PURPOSE The cxplCSs purpos.. of th.. Charter shall be 10 establish the MCVRPC as an II11illCorporatecJ association, distinct from its Participants, the goal of whieh assoCiation shall be 10 provide comprehensive, quality police protection for its Participants in the most efficient manner. 3. ORGANI7All0N (Il) APPOlNTMF.NT OF COMMI!:RIONERS The MCVRPC shall be governed by a joint commission of persons composed of (2) representatives from eaCh Participant selecled in accordance with the following roles: (i) Each township !hall have two primary representatives. who shall be elecled supe';'isors of !he township and may additionally have an a1temale representative, who must be a supetvisor, to serve in one of tbe primary representative'! !lead when mtavailable or temporarily incapacitated; (ii)' Each borough shall have two primary representatives, who shllll be elected members ofll"'t borough's coWlCil, selected by dIe borough council tmd mOlY additiolllllly have 1m alternate representative, who must be .. member of dlat borough's eouncil.to serve in one of the primtuy representative's stead when _"-""'>w p.3 ...,., K_~X~5:f.;:);-~' . Nov 29 99 08:15p ,. " ~ '" ~ - Jh""'" Sal~mann & DePaulis . < ' P.C. 717263-0663 p.4 FROM , SH I Pf>eNSBURG BOROUGH FAX .NO. : l Nov. 23 1999 B3: 21PM P2 unavailable or temporarily incapacitated: (Iii) Appointees of the pll[ticipating municipalities shall serve for a two (2) year term. and may be appointed for a second two (2) year terot. An Appointee may not be reappointed for a subsequent tenn after having served two (2) consecutive leons, Iml may serve again after a two (2) year ab$cnce. For pusposes of <:onlinuity of tepresentation, each municipality, shalloD January 1,1999, designate one (I) of its appointees to serve a one (I) yeartenn and one (I) appointee who shall be appointed for a two (2) year term. (iv) Additionally, one individual shall be sele<:ted to serve a two (2) year term by a participating municipality. This position shall alternate between or among the municipalities according to the following schedule: I. For Ihe twO (2) year term commencing Janumy 1, 1999. Sbippensburg TOWllship sl,a11 appoint the neutral member; 2. For II", two (2)year tenn commencing January I. 2001, the Borough of Sbippensburg shall appoim the neutral member. 3. AppQinlment' of the neutral member shall continue in the same manner from time to time. (v) Appointments by :PartiCipantS shall be made at an official meeting of Participanlto be effective on JanWllY I of the following year. (vi) Any commissioner vacating office with lIle Participant for any reason or becoming incapable of performing the duties of that office shall be deemed to have resigned from the MCVRPC 011 the same date as vacating bislhcr office. (vii) Any commissinner absent twO conse<>ulive meetings, without good cause, may be removed by a majority vote of the remaining commissioners. (viii) Any commissioner guilty ofmalfea.sance or misfeasance may be removed by a majority vote of the remainins commissioners. (ix) Thc Participant or Participants, as appropriate, sbldl forthwith appoint a successor for ...y unelCJlired tenn caused, \ly resignation or removal. (b) CONDUCT OF MP.P.TINCiS 2 _~ .O~_ ~ H>~.,"""",~~. ,.. ~'. """""'-~ '.. ~= -. . -~-~ _.. _M.A ~~ Nov 29 99 08:15p Salzmann ~ DePaulis, P.C. 717263-0663 F!ID'1 , SHI Pf'EiNSEURG 1lllR000H FAX ,NO. ; " Nov. 23 1999 03: 21PM P3 Each commissioner shall have ODe vole. A majorily of the commi:ssioners shall constilUte a quorum and a majority vOle of those presenl shall constilUle effective action taken by tbe MCVRPC. Roberts Rules of Order. Revised, shall otherwise be used as a guide in the conduct of tho MCVRPC al its meetings and the duties of ils officers. (c) OFFlCERS Tile MCVRPC shall ele<:! all~ first meeting following the Particjpllnrs' periodic reorgrmi7Alional meetings, Ihe following officers: Chairperson, Vice-chairperson. secre\aJyrrreasurer and such other ofJicers lIS they shan deem neCClo'Sary or appropriate. 111e MCVIU'C may also appoint persons. individually or in committee, 10 ocl in the capacities assigned. for and on behalf of Ihe MCVRPC in mailers lIS the MCVR.PC sees til. (d) S~HF.nl lUNG OF MEETINGS The members of the MCVRPC shall meet monthly for tho purpose of eOl1<lucling the busiDCS$ of the MCVRPC, or al sueh other time as may be determined by the MCVRPC. Special or rescheduled regular meetings of the MCVRPC may be scheduled by appropriate resolution of the MCVRPC fixing tlu: dare, lime and phll:e of such meeting. Special or rescheduled "'Bular meeting _y be called, al the wrilten request of any three or more members ofthc MCVRPC. The call and the request, ifany. shall state tho purpose oflhe meeting. The meeting shall be beld al such date, time and place as shall be designated in the call of the meeting. Written notice of CllI:h such special or rescheduled meeting shall be given, at least one day prior to the day named for the meeting. to each member of the MCVRPC ""ho does not waive such notice in writing. All meeting shall he scheduled and conducted in compliance with 6S P.S. Sec. 261 et seq., <:omJJIOlIly known as the SllIlSbine Law. 4. WDF.PENDENT POUCF. DISTIUCT The geographic area servcd by lhe MCVRPC sball be tbatarea encompassed within the collective politiclll boundaries of those ParticipantS. The established mlDlieipal boundaries of those PlIllicipanls sball otherwise be ignored and the area served by tbe MCVRPC sball be identified as the Mid Cwnberland Valley Regional Police District (MCVRPD). The Participants shall be deemed to have slll'relldered their authority to poJice said areas to the MCVRPC, subject to the tenDs of this Charter, with said MCVRPD to be independent of the Participants of purposes to this Charter, and subject SOlely to the control and aUlhorily of the MCVRPC. S. JURISmCTlON AND AUTHORITY 3 w "~=<,_,_&., p.5 -~- "~- ,,-_.~ L - - --- ~. Nav 29 99 OB:15p Salzmann L DePau1is, P.C. 717263-0663 FROM , SHI PPeNSBURG BOROOOH FAX ,NO. : . i'bv. 23 199'3 113: 22PM P4 (a) JURISDlCTION The MCVRPC shall have the responsibility for and jurisdiction over all actiOdS CUSlO1IIlIIY and appropriate to prOYide police service 10 the MCVRPD in accordance with the stalement of purpose"" set forth. in paragraph 2, (b) POLICE PROTECTION UNITS Police services will be plovided in uniform lIlIits of service. These units of service s\mIl be known as poliee proledion units (Ppu). Each PPU s\mIl constilute ten hours of an. officer's chargeable time in a pay stlllus. The cost of a PPU shall be determined, ftom time 10 time, by the MCVRPC. (c) F.XPRE!l!l AlITHORITY The MCVRPC shall have the following express authority: (i) Lease, sell and purchase real estate; (ii) Lease, sell and pun:hase personal properly: (iii) Enter COnll'aCL< for purchase of good and services, and collective bargaining agre\ll1:lents; (iv) Hire, fire, suspend, prolDO\e, demote, diseiplu1e, sel salaries, policies, procedures, arid otherwise deal with employees; (v) Serve as a hearing board for employee grievances; (vi) EStablish and mainrain bank accounts and other financial accounts; (vii) Invest monies; (viii), BolTOW monies; (ix) Establish and fund employee benefir programs, including a pension fund: and (x) Delegate any ofil$ powers expressed or implied to the Chief ofpoliee or his next in commancJt at the discretion of the MCVRPC, and not by any individual commissioner. (d) IMPLIED/INCInF.NT At. AllTHORtTY 4 "-~ ._"'- p.6 , ~.~ k"_"'1" - -- . ~-~ - ,~ Nov 29 99 08:16p Salzmanri L DePauli~, P.C. 717263-0663 FROM . SHI PPENSBLl<G BOROUGH fAX ,NO. : , Nov. 23 199'3 03: 23PM P5 The: MCVRPC shin ha.ve: tbc authority necessarily implied and incidenral to aebieving its goal m accord"""" with thc slatement of pwpose as set forth in paragmplt 2. Additionally, the MCVRPC shall own and be responsible for all itS property and equipment. 6. C,oVF.RNTNG LAW As an independent, non-profit. unincoJporated associlltion, the MCVRPC shall not be govemed by city. borough, or township codes, including but 1I0t limited to those known as the Borol!gh Code: and the Police Tenwe Act. The MCVRPC may. at its discJetion, look to such codes fur guidance and direction in the handling ofits affairs; however, ill doing so. shall not be deemed in any manner to have adopted or be bound by said laws by implication or past practice:. The MCVRPC sball abide: by the provisions of2 P,S., C.s.A. 101 ot seq,. commonly known as the Local Agency Law. 7. FINANCE The MCVRPC sball prepare an annual budget which shall be submitted for consideration and approvol to each of the participants not later than October I of each year; (a), Annually the MCVRPC sholl prepare and approve a tentlltive budget of revenues and expenditures for 1I1e sUbsequcnt fiscal year, and shall submit such tentative budget to the participating municipalities on or before October I of ea.ch year. Each participating municipality sha111ina1ly'approve or disapprove, at an official meeting oethe municipality, the budget on or befOle Dec:eIIl1ber 1 of each year. In the event that a municipality shall disapprove the budget, it sha11 return it to the MCVRPC with a list of specific objections to 1I1c budget. MCvRPC shall bave ten (10) days in wbich to modifY the budget and return it to the municipality ror approval or disapprov.... In the event the budget shall not be approved by any one of1he participating municipalities. the prior fiscal year's budget shall continue as 1I1e budget, unless tile proposed budget shall be later approved. For the fiscat year of the Commission commencing January J. 1999. the municipal contributioll of thc participating mWlicipalities of 1I1e MCVRPC shall be Sevell Hundred Fifty Thousand ($150,000.00) r.lollars. which sum shall be funded by the Participants in the following percenlagcs' the Borough of Shippens~ shall provide e:ighty five (&5%) percent 8Ild the Township of Shippensburg shall providc fifteen (15%) per cent. The percentages contributed by the participants may be increased or decreased by the participants in subsequent fiscal years by mutual agreement ofthe particiPants. . (b) Eacb Participant to this asreeMent shall release to the SecretaryJTreasurer proportionate shares of the annual budget appropriations montbly by the tenth calendar day of each month. 5 ~ - . . p.7 .~~~ ~ l~" :!Ii w. ,._..... ~~ -- " . Nov 25 55 08:1Sp sal~~ann ~ DePaulls, P.C. 717263"0663 FROM . SHI PPIiN5BlJRG BOROLliH FRX ,NO. : I Nov. 23 i 999 03: 23PM P6 (e) Monies paid to the SecretalylTreasurer shall be invesled by the S=tarylTreasurer upon consullation and advice of the MCVRPC, pending disbursement for services. (d) The SecretarylTreasurer shall provide a bond 10 Ibe MCVRPC ill the swn direcled by the MCVRPC, wilb the premilun for such bond to be paid by MCVRPC. (e) The MCVRPC shall have its boob, accounts, and records audited annually by a Certified Public Ac<:ount and a copy oflbi. audit report shall be presented to the MCVRPC for review. Ifth1: MCVRPC fails to make such IIIl audit, Ihen the comptroller, auditors, or ac~"Ounlants designated by any onc or all ofthe Parlicipwi.ts sball be aulborized, from time to tilnl', to eX~ne the books of the MCVRPC including \be receipts, disbursements, sinking funds, investments and any other maUers relating to its financing and affairs. The Auditor General of the Commonwealth of PCIlDsylvania shall have the right to examine the books, accounts, and records ofMCVR.PC. (I) Funds from the Foreign Casually and Insurance Company (Act 205, 19&4, P.L. 1005, 53 P.S. Sec. &95.101 ct seq.. or any otller act subsequently enacted) dislnDuted to the Participants by the Commonwealth of PelMS)"lvania may be forwarded by the Participants to Ihe SCCretarylTreasum for the putpose& authorim under such act governing the opeiation of the police pension foods, the amoWlI credited againsl proportionate shares oftola! costs to be paid by the Participants. (g) The fiscal year of tbe MCVRPC shall be January I to December 31. 8. OPERATIONAl. F.XPEND!TURF.S The MCVRPC OperatiOIl shall be funded primarily Ihrough annually ~ contributions from its Pmicipants, plus any supplemcnla! funding as may be available:, from lime to time, from local. slate and federal sources. (a)' Annually, on or before:, September 1 S. eacb participaling municipality, by action taken at an official meeting orthe mWlicipality, sball notify the MCVRPC oftbe sum of money to be allocated 10 !be operation of MCVRPC for the following tiscal year. In the event a participating municipality fails to take such action, its allocation for Ibe following fw:a1 year shall be the same amount as allocated for the currenl fiscal year. (b) Any funds remaining from the previous fiscal year's operating budget shall be transferred to the capital improv~t fund not more !ban 30 days following the end of the fiscal year. A sum equal to len (10%) percent of the overall annual budget shnllbe set aside from such exccss fund for capilal expenditures. Any amount by which such excess funds remaining froln Ihc previous fiscal year exceed Icn (10"10) pe_nt of the overall budget, shall be credited agoillSt the current fiscal year's contribution of each participating municipality in the some l?_tage as its cnntribution to the prior fiscal years contribution. 6 '..il<I~: p.8 ~ - ~ . ~ ~'......._~~~ ."""'_. L '"' .'- """"""" Nov 29 99 08:16p Sal:.mann a. DePaulis, P.C.. 717263-0663 p.9 FRlll'l , SHIPP6N58URG BOROUGH FAX. ,NO.: t Nov. 23 1S'l'3 03:24PM P7 9. s'rAFFING The complement of officers ofMCVRPC shall be nine (9) full.time officers and ten (lO)patl- time OfflCefS. Any change in lhe number of OfficetS shall be effective only upon the _nimous agreement of the partieipating municipalities. 10. INttRGOVF.RNMF.NTAL REPORTING REOUlRRMF.NTS The MCVRPC shall provide ahe following reports 10 each respective Participant as outlined. (a) !;ICfNIFlCANT POLlCE ACTIVITY - WEF.KI.Y (VERBAL) (b) DEPARTMENT RF.PORT - MONTHLY (WRlTTEN) (c) BlIDGETRET'ORT -MONTHT.Y (WRITTEN) (d) .PPU USAGE REPORT - MONTHLY (WRlTTEN) (e) The MCVRPC shall fde an A NNIfAI. WRITTEN REPORT cov~ng its police work with the Participant On an annual basi.. based On a year COIIlDlCllcing August I and ending July 31, included shall be the reconciliation of police protection units, for ahe twelve (12) molllh petiod. All reports shaI1 be submitted by the MCVRl'C and formats shall be established by the MCVRPC as outlined. (i) MONTHLY 5 days prior to the meeting of the commission. II. DEPARTMENT OFFICES Offices of MCVRPC and ils employees shall be located within the MCVRPD at a sile demrmined by the MCVRPC. 12. CAPITAl. ASSESSMENTS (a) INl11ATlON ASSESSMENT Each Participant joining the MCVRPC after tbe execution of the Composite Cbarter .ball be assessed an initialion fee calculated by multiplying the nWDber ofPPU. initially put into service for that Participant tirnes the initiation rate. The initiation rate sball be ca\GU~, tiotnlime to time by the MCVRPC, by dividing Il.e nel worth of lb. MCVRPC by the number of llvuilllble PPUs. 7 "". ~ - - \~-~" ~ - ~ ,,~~~, _e NOV ~S S9 OB:17p Salzmann & DePaulis, P.C. 717263-0663 p.l0 FR{X1 i 5H\ PPGH5BURli BOROUGH FAX NO. . Nov. 23 1999 03' 2'5P11 P6 Such initiatilln fee shall be paid into the reimbursement fund, whi~h shall be a separate interest bearing account. The principal amount of lhe reimbursement fund shall be used exclusively for the purpoSe of reimbursing capital assessments to any Participant who SlIbsequently witbdlaws from the MCVRl'C. The interest accruing on the reimbursement fund s1laJl be paid into the capital improvement fWld and shall be used exclusively by the MCVRPC for capital equipmClnt expenditures. (b) ~F.JMRtJRSF.MP.NT OF. CAPITAL ASSR't~MF.NTS If any Participant, whether it was an original Participant or subsequently added to the MCVRPC in the manner set forth above, voluntarily withdraws from lIS membership in the MCVRPC at any time during Ih.. opemtion of the Agreement or the operation of the MCVRPD, said withdrawing Participant sbaIl be refunded its original assessment, initial lI$SIISsment, and any additlomll assessment, over a period of time to be decided by the MCVRPC. Such period of time shall not exceed five (5) ycars. The principal from the reimbursement fund may be U$ed for tltis purpose. 13. IMMUNITY ANDCr.AIMS The police services perfonne4 and the expenditures illCUl'l'ed under this Charter shall be deemed for public and governmental purposes, and all immunities from liabilities enjoyed by the Participants within their boundaries sMIl extend to their participation in police services outside their boundaries and within the MCVRPD. The MCVRPC shall maintain 'adequate liability insurance coverage against claims arising out of tbe police aetivities. Each Partlcipont hereby waives any and all causes of aetion or claims against all other Participants hereto alId against the MCVRPC which may arise oul ofMCVRPC police activities. The MCVRPC furtlltcr agrees to cause any insurallce policy providing liability coverage against claims a.isin& out of lIS police activities. 10 contain a waiver of subrogation clause or endorsement Wider whieh the insUi'ance company waives its right of subrogation against each Participant to this Cbartct as to any and all causes of action or claims which may arise out of its police activities bereunder, provided Ihat coverage containing such waiver of subrogation remains available. Said liability insurance pro~lion shall be subject 10 annlllll review with a eerlifitate 10 issue naming the MCVRPC and all Polrticipants as named insured, provided coverage Is available. I'or purposes of liability not ,covered by insurance protection, in actions arising out of regional police services, all Participllnts shall be proportionately liable for judgments rendered against any Participant in connectiop wilb police services rendered to lbe Participant by lbe M(;VRPD for the MCVRl'C for police services provided tD the Participant. Thc proportion of liability s/m1l be in the SlIIDe proportion as the operatiDnal assessment of the Participant during the petiud the Police services in question :were rendered. ' 8 .~""U_ ....._...."...~. " d~"""""- " "'~ ""~,. Nov 29 99 OB:17p Salzmann ~ DePaulis, P.C. 717263-0663 p.ll FROM.: 5H I PPONSIlI.JR(j BOROlJliH FAX ,H). : . Nov. 23 1999 03:25PM P9 14. JOINDER OF PARTICIPANTS Additional municipalities may become parties of this Agreement upon application by the applieant municipality to and acceptance by the MCVRPC and the governing bodies of the Participants. and upon sucb mllllicipaJity's consent to be bound by the provisions oflhis Charter. as amended from time to time. The MCVRPC may also contract with lIon.participating municipalities to provide police services on terms established by the MCVRPC. The charge for such contract services sha1l be det_ined by multiplying the number of contracted PPUs by the cost per PPU plus twenly percent The MCVRl'C shall prohibit the providing of police services by the M(.'VRPD to non- participaiing and non-contraeting municipalities, .s the sole responder or as back-up snpport to the other lilw enforcement agencies, in other than life tbreau:.ning situations, without remuneration !fom the municipality or law enforcement agency served. 15. Wrfl.mRAWALOFPARTlCIPANTS A Partit:ipant may withdrawal from participation in the MCVRPC and from the MCVRJ'C provided that writleD norice of intent to withdraw i. sent by certified mail. return receipt requested. to the MCVRPC at least one year in adIwlec ofDeccmber IS, orthe year in which such withdrawal is to be effective. The immediate COSIS of such wi~ and any continuing obligations and liabilities _i1y assumed by the remaining Participants orthe MCVRPC totally or partially attributable to the withdr.\Ioing Participllllt's participation shall be SIltisfied by the withdrawing Panieipant. Any withdrawal leaving at least two remaining Panicipants shall not constitute a termination or dissolution oflhe MCVRPC or MCVRPD. 16. TF.RM AND DlSSOI.UTION Ca) ~ The term oflhis Charter shall b<I perpetual subject to amendment by vote of at least a majority of the ParticipanlS of the MCVRPC six months'in advance of the effective date of such termination. (b) DISSOLUTION In the event of dissolution of the MCVRl'C all equipment. materials, and supplies retained by the MCVRPC shall be appraised by appraisers appointed by the MCVRPC fOT purposes of deteImining the fair market value of the equipment. materials and supplies. The, 9 . ~ -.,." ~ - --~ Nov, 29 99 08: 17p Salz~ann ~ DePaulis, P.C. 717263-0663 FRPM ; 5H !FP6NS1!URQ BOROUGH FAX !-(). : Nov. 23 1999 03:25P\1 PI\? cash. equipment, materials ornl supplies shall then be distributed in the same propol1ion as the capital assessment contributed by tbe remaining Participants. All real estate and improvement OWllcd shall be sold. ParticipanlSsball bave thc privil"lle to bid on the propet1y with dw higbest bidder being entitled to purchase, provided that the price bid is at least in the amount necessary to refund capital assessnlents contributed by the Participants as described in paragraph 10 herein. If no qualified bids are received within thirty (30) days of 1I01i~ of sa1e beil)g givl;n by the MCVRl'C. then the property shall be placed for pUblic or private sale as Ibe MCVRPC may determine. NI proceeds of said sale shall be distributed to Participants ill accordance with the capital assessments contributed in accordance with p.arajlIaJlh 10. Each Participant shall be responsible for any unfunded or contingent liabilities of the MCVRPC in proportion to their respective capital assessments. 17. INTERPRETATION . All differences arising out of an interpretation of this Charier shall be resolved by die MCYlU'C or if the dispute over tbe inleifPrclation is not resolved within sixty (60) days, by a vok:' orthe participating municipalities, each body casting one vole as determined by a m.vorily in each r,ovcminr; body. In the evcnl of a lie, the ~arlieipant agree to petilion the Court of COmmon Please orCun,berland County. 10 appoint a party. who shall make the decision, which decision shall be final and binding on the participants. Allesl: -~_.~, Secretary BY: Attest: Township of Shippensburg Cumberland County, Pennsylvania 10 ~.~" p.12 ~"' ~~" ~ ~- -'lh4.~1.;. .~ "~ - Nov 29 99 08:17p Salzmann ~ DePaulis, P.C. FROM ; 5H1~5llURG BOROl.IGH FAX !'ID. : , -. ~~_~~~0" ~-...., \'" w),'? c..: :t't... "-~~~"-, 717263-0663 Nov. 23 1999 03:27PM PH BY;-'~K',,~ il I " l-ilIIiiii:'iIW~ p.13 , 735 A.2d 1240 161 L.R.R.M. (BNA) 3098, 139 Lab.Cas. P 58,732 (Cite as: 558 Pa. 141, 735 A.2d 1240) BOROUGH OF LEWISTOWN, Appellee, v. PENNSYLVANIA LABOR RELATIONS BOARD and Lewistown Police Association, Intervenor. Appeal of Pennsylvania Labor Relations Board (At No. 179 M.D. Appeal Dkt.1996). Appeal of Lewistown Police Association, Intervenor (At No. 180 M.D. Appeal Dkt.1996). Supreme Court of Pennsylvania. Argued OC!. 20, 1997. Decided Aug. 4, 1999. Collective bargaining representative for regional police department filed unfair labor practices charge, alleging that refusal of regional police department and borough to implement pension terms of arbitration award and to permit police officer to retire at appropriate benefit rate was interference with employee rights and refusal to bargain in good faith. The Pennsylvania Labor Relations Board (PLRB), No. PF-C-94-38-E, found borough had committed an unfair labor practice. Borough appealed. The Commonwealth Court, No. 1416 C.D. 1995, Kelley, J., 672 A.2d 379, reversed. The PLRB and collective bargaining representative appealed. The Supreme Court, Nos. 179 and 180 M.D. Appeal Docket 1996, Cappy, J., held that: (I) borough and townships were joint employer of police officers in regional police department, for purposes of statutory chapter governing collective bargaining with police officers and firefighters; (2) as joint employer which engaged in employment determinations through a regional police department, boroughs and township were deemed to participate in arbitration proceedings in which regional police department was involved; and (3) borough waived right to raise legality of arbitration award as a defense to unfair labor practice charges. Reversed. [1] LABOR RELATIONS <e;::::>671 232Ak67I Supreme Court's standard of review of final order of Pennsylvania Labor Relations Board (PLRB) is limited to determining whether adjudication is in violation of appellant's constitutional rights, is not in accordance with law, is in violation of practice and procedure of .,. ........-~ - , ~ ~-: . Page 8 the Commonwealth agency, or whether any finding of fact made by agency and necessary to support its adjudication is not supported by substantial evidence. 2 Pa.C.S.A. ~ 704. [1] LABOR RELATIONS <e;::::>677.1 232Ak677.1 Supreme Court's standard of review of final order of Pennsylvania Labor Relations Board (PLRB) is limited to determining whether adjudication is in violation of appellant's constitutional rights, is not in accordance with law, is in violation of practice and procedure of the Commonwealth agency, or whether any finding of fact made by agency and necessary to support its adjudication is not supported by substantial evidence. 2 Pa.C.S.A. ~ 704. [1] LABOR RELATIONS <e;::::>680 232Ak680 Supreme Court's standard of review of final order of Pennsylvania Labor Relations Board (PLRB) is limited to determining whether adjudication is in violation of appellant's constitutional rights, is not in accordance with law, is in violation of practice and procedure of the Commonwealth agency, or whether any finding of fact made by agency and necessary to support its adjudication is not supported by substantial evidence. 2 Pa.C.S.A. ~ 704. [2] LABOR RELATIONS <e;::::>171 232Akl71 Borough and townships were joint employer of police officers in regional police department, for purposes of statutory chapter governing collective bargaining with police officers and firefighters, where political subdivisions controlled regional police department through board representation and political subdivision granted to regional police department powers that exemplified employer-employee relationship. 43 P.S. ~~ 217.1-217.10. [3] LABOR RELATIONS <e;::::>455 232Ak455 As joint employer which engaged in employment determinations through a regional police department, boroughs and township were deemed to participate in arbitration proceedings in which the regional police department was involved. 43 P.S. ~~ 217.1-217.10. ..' .\ [4] LABOR RELATIONS <e;::::>476 232Ak476 Borough waived right to raise legality of arbitration award for regional police department as a defense to Copr. @West2000NoClaim to Orig. U.S. Gov!. Works ".... ." ~ ~. . 735 A.2d 1240 (Cite as: 558 Pa. 141, 735 A.2d 1240) unfair labor practice charges, despite claim that borough was not a party to the arbitration, where borough was a joint employer with townships and acted through regional police department board and borough, through board, failed to appeal arbitration award. [5] LABOR RELA TIONS ~593 232Ak593 In unfair labor practice proceeding regarding charges of refusal to comply with arbitration award, Pennsylvania Labor Relations Board (PLRB) must determine if award exists, if appeal procedure has been exhausted, and if party has failed to comply with arbitrator's decision; once appeal procedure has been completed, whether by direct appeal or by expiration of time period to appeal without action, the award is considered to be final and binding. **1241 *143 James L. Crawford, Peter Lassi, Harrisburg, for Pa. Labor Relations Bd. Vincent Candiello, Harrisburg, Robert J. Haurin, Philadelphia, for Lewistown Borough. Stephen S. Snook, Lewistown, for Mifflin County Regional Police Dept. Anthony C. BusiIlo for Lewistown Police Ass'n. *144 Before FLAHERTY, c.J., and ZAPPALA, CAPPY, CASTILLE and NIGRO, Jr. OPINION CAPPY, Justice. With increasing frequency, boroughs, townships and other political subdivisions across our Commonwealth are banding together to provide police services through the fonnation of regional police departments. This case presents the issue of whether a borough, which forms a regional police department with two townships, commits an unfair labor practice by refusing to abide by an Act III [FNI] interest arbitration award which was not appealed, where the award relates to the borough's police pension fund. For the reasons that follow, we reverse the order of the Commonwealth Court. FNI. Act of June 24, 1968, P.L. 237, as amended, 43 P.S. ~~ 217.1- 217.10. The facts underlying this issue are as follows. On June 30, 1993, Lewistown Borough (the "Borough") ~........... ~~ . - ~- -J!j~"3Ii:i<'l,,_ - Page 9 entered into an Intennunicipal Agreement (the "Agreement") with Derry and Bratton Townships (the "Townships")(the Borough and the Townships shall be collectively referred to as the "municipalities") to fonn the Mifflin County Regional Police Department (the "RPD"). The Agreement was reached pursuant to the Intergovernmental Cooperation Act [FN2] and was approved by the three municipalities through the enactment of ordinances in July 1993. FN2. Act of July 12, 1972, PL. 762, No. 180, as amended, 53 p,s. ~~ 481-490, repealed, Act of December 19, 1996, P.L. 1158, No. 177,53 Pa.C.S.A. ~~ 2301-2315. The Agreement provides that the RPD is under the direction and control of a board of directors. The board consists of two representatives from each municipality who are appointed by the governing body of the municipality. In the Agreement, the municipalities delegated to the RPD board all the functions, powers and responsibilities which the municipalities respectively have with respect to the operation, management, and administration of a municipal police department or a municipal police force, including all the functions, powers *145 and responsibilities the municipalities had with respect to collective bargaining and a police pension plan. [FN3] Agreement section 5.2(t)(h), R.R. 114a, 115a. FN3. Specifically, the municipalities delegated to the board of directors, [A]ll the functions, powers and responsibilities which the Municipalities respectively have with respect to the operation, management, and administration of a municipal police department or a municipal police force: (I) under the Police Pension Act [Act of May 29, 1956, P.L. (1955) 1804, as amended. 53 P.S. ~ 767 et seq.] in conuection with the establishment, regulation. benefits detennination. funding, and administration of a police pension plan for police officers of the Department; (h) under the Act for Collective Bargaining by Police [Act III of June 24,1968,43 P.S. ~ 217.1 et seq.]. **1242 The municipalities also delegated to the RPD board the power to hire, supervise, discipline and discharge police officers, and the power to determine and fix wages, benefits and tenns and conditions of employment, including the duties and responsibilities of the police officers. Agreement section 5.4(a), Copr. @West2000NoClaimtoOrig. U.S. Govt. Works "." 735 A.2d 1240 (Cite as: 558 Pa. 141, *145, 735 A.2d 1240, **1242) 5.5(f)(g), R.R.115a, 117a. Pursuant to the Agreement, the municipalities are responsible for all of the RPD's expenses, including wages and benefits for police officers. Agreement sections 7 and 8, R.R. 119a-125a. The RPD began operations on August 27, 1993. The Lewistown Police Association (the "Association") is the collective bargaining representative of the RPD's police officers. Prior to the formation of the RPD, the Association was the representative of the police officers employed by Lewistown Borough and Derry Township. Bratton Township did not employ police officers prior to the formation of the RPD. The collective bargaining agreements covering these police officers expired on December 31, 1993. The RPD and the Association proceeded to binding interest arbitration pursuant to Act 111 when the parties were unable to agree to the terms of a new labor agreement and negotiations reached impasse. Among the issues for resolution was the determination of pension benefits for the RPD's police officers. On January 10, 1994, an award was issued by the three member arbitration panel, which required, inter alia, that the Borough and Derry Township consolidate their pension plans *146 by remitting all pension monies to the RPD for the purpose of effectuating a pension plan. Further, the award required that employee contributions be returned to the employees before the plans were consolidated and that municipal contributions by the Borough and Derry Township be distributed to the RPD. The award also required that the consolidated pension plan provide a retirement benefit of 70% of final average salary upon attainment of age 50, with 25 years of service. A copy of the arbitration award was sent to the Borough on January 13, 1994. The RPD's board of directors voted unanimously to implement the arbitration award. Thus, no direct appeal was ever taken from the arbitration award. Subsequently, Officer Robert Rarick of the RPD sought to retire. Officer Rarick had been employed by the Borough until August 27, 1993, when he became a RPD police officer. In responding to Officer Rarick's request to retire, the RPD advised Officer Rarick that it was unable to provide the pension benefits granted by the arbitration award because, unlike Derry Township, the Borough refused to distribute its pension funds to the RPD. The Borough took the position that the arbitration award was in violation of the Police Pension Act ("Act 600"). [FN4] Thus, the RPD was u , ~...1u": Page 10 unable to establish a consolidated pension fund in accord with the interest arbitration award. FN4. Act of May 29, 1956, P.L. (1955) 1804, as amended, 53 P.S. ~~ 767- 778. On March 9, 1994, the Association filed an unfair labor practice charge with the Pennsylvania Labor Relations Board (the "PLRB"). The charge alleged that the RPD and the Borough failed to comply with the interest arbitration award which constituted an interference with employee rights and a refusal to bargain in good faith in violation of Section 6(1)(a) and (e) **1243 of the Pennsylvania Labor Relations Act (the "PLRA") [FN5], [FN6] and Act Ill. FN5. Act of June 1, 1937, P.L. 1168, No, 294, as amended, 43 P.S. ~~ 211.1-211.!3, FN6. Section 6(1)(a) and (e) ofthePLRA, 43 P.S. ~ 211.6(1)(a) and (e), provide as follows: (I) It shall be an unfair labor practice for an employer-- (a) To interfere with, restrain or coerce employes in the exercise of the rights guaranteed in this act. (e) To refuse to bargain collectively with the representatives of his employes, subject to the provisions of section seven (a) of this act. *147 On March 24, 1994, the PLRB issued a complaint against the RPD and the Borough. A PLRB hearing examiner conducted a hearing on June 7,1994. By proposed decision and order dated December 20, 1994, the hearing examiner concluded, inter alia, that the RPD and the Borough engaged in unfair labor practices by failing to comply with the interest arbitration award. On January 3, 1995, the Borough filed with the PLRB timely exceptions to the hearing examiner's proposed decision. In a final order entered May 30, 1995, the PLRB sustained the exceptions in part, dismissed the exceptions in part, and modified the hearing examiner's finding of unfair labor practices. Specifically, the PLRB vacated the hearing examiner's conclusion that the RPD was a public employer for purposes of Act 111. The PLRB noted that to be a public employer for purposes of Act 111, the employer must be a "political subdivision of the Commonwealth" or the "Commonwealth." 43 P.S. ~ 217.1. The PLRB found that the RPD is not a "political subdivision of the Commonwealth" or the "Commonwealth" for purposes Copr. @West2000NoClaimtoOrig. U.S. Govt. Works >L""" ~~.. -~ 735 A.2d 1240 (Cite as: 558 Pa. 141, *147, 735 A.2d 1240, **1243) of Act 111. Thus, the PLRB determiued that the RPD was not a public employer in and of itself for purposes of Act 111. However, the PLRB concluded that the Borough and the Townships, which are political subdivisions of the Commonwealth, jointly controlled the RPD, and thus, through their designated representatives on the RPD board, the Borough and Townships jointly exercised the powers that demonstrated an employer-employee relationship. Thus, the PLRB found that the Borough and the Townships, acting by and through the RPD, are employers of the RPD police officers. Having found the Borough to be a joint employer of the police officers, the PLRB concluded that since the arbitration award at issue was not appealed, and the appeal period expired, then the award was final and binding and not subject *148 to collateral attack in an unfair labor practices proceeding. Thus, the PLRB affirmed that the Borough committed an unfair labor practice by refusing to comply with the arbitration award. The Borough appealed to the Commonwealth Court. [I] The Commonwealth Court reversed the decision of the PLRB. The Commonwealth Court conclUded that because the Borough, as truste,e of the B<>rough's police pension fund, was not a party to the interest arbitration proceedings and did not participate in those proceedings, the provisions of the award relati'1g to the pension fund could not be binding on the Borough. Thus, the Borough did not commit an unfair labor practice by refusing to comply with the arbitration award. This court granted the PLRB's and the Association's petitions for allowance of appeal. [FN7] FN7. Our standard of review of the final order of the PLRB is limited to determining whether the adjudication is in violation of the constitutional rights of the appellant, is not in accordance with law, is in violation of the practice and procedure of the Commonwealth agency, or whether any finding of fact made by the agency and necessary to support its adjudication is not supported by substantial evidence. 2 Pa.C.S. ~ 704; Fraternal Order of Police v. PLRB, 557 Pa. 586, 735 A.2d 96 (1999). [2] The PLRB and the Association argue that the lower court erred in finding that because the Borough was not a party **1244 to the arbitration award and did not participate in the arbitration proceedings, that the provisions of the arbitration award relating to the Borough's pension fund cannot be binding on the " ~~ ,~,~ ~~. "' - ~~'~....r;l!~~\" " Page 11 Borougb. Thus, we must determine whether the Borough was a party to, or participated in, the interest arbitration proceedings. Intertwined with this inquiry is the critical issue of whether the Borough is a joint employer of the RPD's police officers for purposes of Act 111. This court has determined that the relation of employer and employee exists when a party has the right to select the employee, the power to discharge him, and the right to direct both the work to be done and the manner in which such work shall be done. Sweet v. Pennsylvania Labor Relations Board, County of Washington, 457 Pa. 456, 322 A.2d 362 (1974). *149 However, a joint employer relationship may exist where no single entity controls all of the terms of the employment relationship, and, thus, such entities are jointly deemed to be employers for purposes of the law. Costigan v. Philadelphia Finance Department Employees Local 696, et al., 462 Pa. 425, 341 A.2d 456 (1975). The PLRB and the Association contend that the Borough and the Townships jointly employ the police officers and exercise the powers that demonstrate an employer-employee relationship through their designated representatives on the RPD board. Specifically, the PLRB and the Association submit that the governance of the RPD through its board of directors as well as the powers delegated to the RPD board by the Borough evince this joint employer relationship. We agree. Pursuant to the Agreement, the RPD is under the direction and control of its board of directors, which is the governing body of the RPD. Indeed, section 5.1 of the Agreement makes clear that all functions, powers, responsibilities and duties delegated to the RPD are vested in and assumed by the board. Each municipality has equal representation on the board of directors as the board consists of two directors from each municipality. The governing body of each municipality appoints the municipality's two directors. Agreement section 4.1, Appendix BL section 1.2, 1.3, R.R. 133 a. Two members of the Borough's council serve as the Borough's directors on the six-member board. Thus, the board is the appointed representative of the municipalities. Further, the municipalities delegated to the board the power to hire, discharge and discipline. The board is empowered to determine and fix salaries, wages, pay, and other compensation of RPD employees, the benefits of RPD employees, and the terms and Copr. @West2000NoClaim to Orig. U.S. Govt. Works ~ .~ ~~ 735 A.2d 1240 (Cite as: 558 Pa. 141, *149, 735 A.2d 1240, **1244) conditions of employment for RPD employees. Agreement section 5.5(t), R.R. 117a. The board is granted the power to establish police officer ranks and to prescribe duties, responsibilities and scope of authority carried by a rank and to establish the chain of command. Agreement section 5.5(g), R.R. 117a. Further the board is granted the power to settle *150 or compromise, upon the terms and conditions as the board may determine, any claims by the RPD or any claims against the RPD, its employees, its directors, or it. officers. Agreement section 5.5(m), R.R. 118a. hnportantly, in creating the RPD, the Borough and the Townships expressly agreed to joint representation by the RPD in collective bargaining with their police officers. Agreement section 5.2(h), R.R. 115a. Of course, the collective bargaining process under Act III includes binding interest arbitration where impasse is reached in negotiations. Equally as important, in the Agreement creating the RPD, the Borough and the Townships expressly delegated to the RPD board all the functions, powers and responsibilities they had with respect to Act 600 in connection with the establishment, regulation, benefits determination, funding ,and administration of a police pension plan for the police officers of the RPD. Agreement section 5..2(t), R.R.114a. Thus, the municipalities **1245 have delegated to the RPD board all employment relation functions regarding the RPD. We believe that based upon the municipalities' direct governance of the RPD board and based upon the municipalities' delegation of power to the board relating to all aspects of the employment relationship with the RPD police officers, that the municipalities are joint employers that act through their designated representatives on the RPD board for purposes of Act 111. Our determination that the Borough is a joint employer is supported by the paradoxical situation that would occur if we were to find otherwise. Specifically, the PLRB determined in its order, that the RPD is not a "political subdivision" within the meaning of Act 111. If the Borough, as a political subdivision, is not considered to be a joint employer, then, the officers would not be employed by a "political subdivision" as required for applicability of Act 111. Thus, the RPD police officers would not be covered by Act 111. This would lead to the anomalous situation in which police officers employed by regional police departments would not be covered by Act 111 but officers directly employed by boroughs and townships *151 would be covered by Act 111. This absurd result is obviously 1 . _, ~. .~ ..m...fi-,.,;: Page 12 contrary to the intent of the legislature in enacting Act 111. [FN8] FN8. Excluding regional police officers from coverage by Act 111 would adversely impact these police officers. As the PLRB notes, if not covered by Act Ill, the officers employed by the regional police department would necessarily be covered by the Public Employe Relations Act, 43 p,s. ~~ 1101.101-1101.2301 ("PERA"). Under the PERA, these officers would have the right to strike, a simatian certainly not intended by the legislature in crafting Act 111, which denies police officers the right to strike in return for binding arbitration. However, the right to strike under the PERA would be seemingly illusory because the PERA authorizes enjoining strikes that create a "clear and present danger or threat to the health, safety or welfare of the public." 43 P.S. ~ 1101.1003. With respect to striking police officers, it would be difficult to see how this standard would not be met. However, unlike Act 111 where the absence of the right to strike is offset with the promise of binding arbitration, under the PERA, the officers would lack any meaningful right to strike and would be deprived of the right to compel their employer to submit bargaining impasses to binding arbitration. Thus, if the Borough is not deemed to be a joint employer, regional officers will either have the right to strike or be deprived of both a meaningful right to strike and the quid pro quo for relinquishing strike rights, binding interest arbitration. [3] Turning to whether the Borough participated in the arbitration proceedings, we believe, for reasons similar to those stated above, that the Borough, as a joint employer, did participate in the interest arbitration proceedings through its repre,<;entatives on the RPD board. Again, the mUllicipalities appoint their representatives to the RPD board. The RPD board is the governing body of the RPD and is granted all powers with respect to the employer-employee relationship, expressly including all powers with respect to collective bargaining under Act 111. Thus, the RPD board serve,<; as a conduit or a representative of the municipalities with respect to employment relations. Here, the RPD fully participated in the Act III interest arbitration proceedings. Indeed, the issue of the award's legality was raised before the arbitration panel. The RPD consistently took the position that the award of any benefits ou"ide of Act 600 was not permissible. In fact, the arbitrator chosen by the RPD dissented from that part of the 2-1 arbitration award Copr. @West2000NoClaim to Orig. U.S. Gov!. Works __=lfui- ~ ~ ~~ 735 A.2d 1240 (Cite as: 558 Pa. 141, *151, 735 A.2d 1240, "*1245) which granted a calculation of benefits at 70% of an officer's final average salary and the return of contributions made by the officers as being contrary *152 to Act 600. Arbitration Award, R.R. 143a. That being the case, we believe that the Borough, through its representatives who served on the RPD board, clearly participated in the interest arbitration proceedings. In conclusion we hold that when a political subdivision controls a regional police department through board representation **1246 and when the political subdivision grants' to the regional police department powers that exemplify the employer- employee relationship, the political subdivision is a joint employer for purposes of Act 111. Additionally, as a joint employer which engages in employment determinations through a regional police department, we find that such a political subdivision is deemed to participate in arbitration proceedings in which the regional police department is involved. [4] Having found the Borough to be a joint employer that participated in the arbitration proceedings, we must determine what impact this determination has on the finding of lUl unfair labor practice and the enforceability of the interest arbitration award. This court has made clear that when a party fails to appeal an arbitration award. the party waives the right to contest the illegality of the arbitration award in an unfair labor practice proceeding regarding enforcement of the arbitration award. Pennsylvania Labor Relations Board v. Commonwealth of Pennsylvania, 478 Pa. 582, 387 A.2d 475 (1978); Derry Township v. Pennsylvania Labor Relations Board, 131 Pa.Cmwlth. 574,571 A.2d 513 (1989). Accord Polarkoffv. Town Council of Borough of Aliquippa, 39 Pa.Cmwlth. 604, 396 A.2d 75 (1979). [5] As explained by this court, allowing the party aggrieved by the arbitrator's decision to refuse to abide by that decision encourages the aggrieved party to ignore the normal appeal procedure, knowing that a subsequent enforcement proceeding will provide a second opportunity to litigate the validity of the award. This undercuts strong policies favoring the effectiveness of the arbitration process, finality and judicial economy. Thus, in an unfair labor practice proceeding regarding charges of refusal to comply with an arbitration *153 award, the PLRB must determine if the award exists, if the appeal procedure has been exhausted, and if the party has failed to comply with the arbitrator's decision. Once the appeal procedure has been completed, whether by direct appeal or by ~ "- -~-, Page 13 expiration of the time period to appeal without action, the award is considered to be final and binding. Pennsylvania Labor Relations Board v. Commonwealth of Pennsylvania 478 Pa. at 590-91, 387 A.2d at 479. In the case sub judice, the Borough, through the RPD board, failed to appeal the arbitration award and failed to comply with the arbitrators' decision. As the Borough failed to appeal the arbitration award, it has waived its right to raise the legality of the arbitration award as a defense to the unfair labor practice charges. Prohibited from raising the legality of the arbitration award, the award is final and binding on the Borough. The Commonwealth Court determined that the Borough was not a party to, and did not participate in, the underlying interest arbitration proceedings, and thus, was not bound by the arbitration award. Specifically, the Commonwealth Court found that the Borough did not delegate its fiduciary powers and responsibilities as trustee of the Borough pension fund to the RPD. The court noted that section 742.5 of the Borough's pension fund, such fund being created pursuant to Act 600, states that the Borough may not delegate to others the responsibility for the funding, solvency, administration, investment and actuarial soundness of the fund. Also, the Commonwealth Court found that pursuant to the Agreement, the Borough only granted the RPD limited powers to establish a new pension plan for the RPD's police officers. Thus, the Commonwealth Court concluded that despite its retention of control over the Borough pension fund as its trustee, the Borough did not participate in the interest arbitration proceedings: As a result, the Borough could not be bound by the provisions of the arbitration award that related to the Borough's pension fund. We disagree with the Commonwealth Court's determination in this matter. The Commonwealth Court's determination *154 that the arbitration award is not binding on **1247 the Borough consists of two related concepts. There is a procedural issue of the Borough's participation in the arbitration proceedings and a substantive issue of whether or not the Borough could, or did, delegate to the RPD its functions, powers and responsibilities with respect to the Borough pension fund. Regarding the issue of whether the Borough participated in the arbitration proceeding, as discussed in detail above, we find that the Borough, through its representatives, did participate in the arbitration Copr. @West2oo0 No Claim to Orig. U.S. Govt. Works -~--","-~'= , """-~. 735 A.2d 1240 (Cite as: 558 Pa. 141, *154, 735 A.2d 1240, **1247) proceedings. Thus, as the Borough participated in the proceedings, the foundation of the Commonwealth Court's conclusion that the arbitration award is not binding on the Borough is now absent. As to the issue of whether the Borough could delegate, or did delegate, its powers regarding the Borough pensioo fund, we believe that the Borough was prohibited from raising this issue because it was waived. The delegation issue is whether the Borough agreed to delegate its pension fund respousibilities to the RPD or whether it is permitted to do so under Act 600 or the terms of the pension fund. It is, in essence, an examination of the legality of the arbitration award regarding consolidation of, the pension plans. However, issues regarding the legality of the award were raised, or could have been raised, in the arbitration proceeding or in a direct appeal of that award. Again as discussed above in greater detail, as the arbitration award was not appealed, the Borough cannot now, in an unfair labor practice proceeding raise issues of the legality of the award. Although the issues of the legality of the award are now waived, with respect to consolidation of the pension plans, we do note that the Borough's police pension fund was created pursuant to Act 600. The Commonwealth Court concluded that delegation of the Borough's responsibilities, as trustee of the trust, was impermissible under the Borough pension fund. However, subsequent to the issuance of the Commonwealth Court's opinion, Act 600 has been amended to address the impact of the formation of regional police departments on police officer pensions. The amendments clearly allow consolidation *155 of police pension funds of the political subdivisions that form regional departments and require that police officers who continue with a regional police department receive credit for time spent as a memher of the political subdivision's pension fund. These concepts of consolidation and credit for previous service are certainly contrary to the Commonwealth Court's notion of the Borough's duty as a trustee and the Borough being permitted to keep its pension fund separate from that of the RPD plan. 53 P.S. ~ 770. [FN9] .~-- r..; - ,_. ~" Page 14 FN9. 53 P.S. ~ 770 states in relevant part: (d) Whenever two or more boroughs, cities, towns or townships establish a regional police department through an intennunicipal agreement ... the participating boroughs, cities, towns or townships shall individually adopt ordinances establishing the regional police pension fund which shall have a uniform benefit structure consistent with this act. Any member of the police force of any boroughs, cities, towns or townships establishing the regional police department who is appointed as a member of the regional police force within six months of its establishment shall have credited to his employment record for pension or retirement benefit purposes all of the time spent by him as a full-time member of the police pension fund of the municipality. For the above stated reasons, we reject the Commonwealth Court's conclusion that, as trustee of the Borough's pension fuud, the Borough did not participate in the arbitration proceedings and is not bound by the arbitration award. On the contrary, we believe that the Borough jointly participated in the interest arbitration proceedings, albeit through its representatives on the RPD board, and that the award is final and binding. In conclusion, we hold that a political subdivision that jointly employs police officers through the formation of a regional police department is precluded from asserting in an unfair labor practice proceeding the illegality of an interest arbitration **1248 award from which no appeal is taken. The Commonwealth Court.s decision is hereby reversed and the order of the Board requiring compliance with the arbitration award is reinstated. [FNIO] FNIO. As the legality of the arbitration award cannot be argued in the unfair labor practice proceeding. there is no need to address the underlying issue of whether the award violates Act 600. *156 Justice NEWMAN did not participate in the consideration or decision of this matter. END OF DOCUMENT Copr.@West2oo0NoClaimtoOrig. U.S. Govt. Works ~ ~ ~~~ ~- : ~ ~ "l~ FROM : SHIPPENSBURG BOROUGH FAX NO. May. 30 <eoo 09:04AM P2 .- . , . ; tvlid-Cumberland V all~y R~g!Onal Poiice .'\5SVC1<1tion Act III [merest Arbitr;ltion A.A_<-\. - 55I.. 3600323 99W v' Mid-Curnbedand Valley Regl.onai Polio~ CommissIOn DISCl'SSIO:'i L PROCEDl"R.:\L HISTOR'r: Toe Mid-Cumberland Valley Re~onal Police .-\:isoclation. through its bargaining representative. rimely tiled demands pursuanr to A.:t Ill, tor the contract year, 2000. The Mid-Clunberland Valley Re\!'1onaJ Pol1ce Corrunission, likewise, filed timely demands pursuant to Act ill. Nelrotiarion sessions wbere scheduled between the banainin!! - - - representatives of the Association and the police Comnllssion which resulred in an Impasse. In a timely fashion, arbitration was requested with the Commission SUbmitting as pil!t of the arbitration process its demands and the Association as pan of chat bargaining process submitting its demands. -., L ~""" ~ .,~ FROM : SHIPPENSBURG BOROUGH FAX NO. Ma!;. 30 2000 09:04AM P3 . . , . ' , ,., The Association appoimed the undersigned. P Richard Wagner. Esquire, as arbirraror for the Association. and the Commission acooimed .he unde;"sumed. .. - . Fores;: N, Myers. Esquire. as arbitrator 011 behalf -:If (he Commiss,cn. Each of the twO arbitrators. pursuant [0 the provisions at' .\.:c Ill. selected the W1dersigned. ElliOt Newman. Esquire. as chairman of the arbitration pane!. A. hearing was estJblished tor Wednesday. Apni 12. lOllI), at which time eVldence was presenred 0n behalf of me Association iO suppor- "t' :he contract demands that were made. ond *"idence was presented un behalf 0r" :he Commission in suppor. of ,he contract demands that the CommisSion had Sllbmirred to arbitration. An e,xecunve session was Inllnediateiy conducted on April 12, 2000. TIlereafter. tbe arbitrators conducted a te!epholle conference, and the following award is issued as a result thereof 1. LE:'iGTH Of A ""'ARD: A.....ticle XXV of the Collective Bargaining Agreement berween the Mid- Cumberland Valley Regional Police Commission and tbe Shippensburg Borough Police A.ssociation shall be amended co provide char :he dunnoD of r:he <l/!!"ee:nent . .. ~ ~ ~~ ~ -~ - -.,,;.~, FROM : SH J PPENSBlJRG BOROUGH FAX No. May. 313 2000 139:05AM P4 . ' . . . ' , shall be tor one i i) year ;;:ffective January [. 2000. through December 31. 2000. All orher pro'visions "Contained in ,1J1:icle XXv shall remam in full torce and .:rfecr. 2. SALARY: Article XVI of .he current contracr shall be amended to re-decr an increase of salary of3,5% for the concrac; ye:u- 2000, retroactive [0 ii!:OO, above the salary for 1999 for each of the t"WO steps A and B. the base salary i)t" [he poiice ;ergeams, and each of the steps for officers hired ai;er Jam;ary I. i 994. sre?s .~_ B. C, D, E and F. 3. All OTHER DDIA:'fDS: All other conrract demands on behalf of (he Polic,," .~..:!isQciarion are hereey denied with me exception ot the hereinafter pro\olsions re;r..rding dissoiurion, .t ALL OTHEl~ DEMANDS: .'\11 other demands submmed by the 1vlid-Cumberiand Vailey Police CommissIOn are hereby denied. 5. DISSOLUTION OF REGIONAL DEPARnIE~T: In the eVent the Regional Police Departmenr is disbanded or dissolved, the Borough of Shippensburg shall reInstate into its existing or retorm~d or :tew .3- ~ -,,",,_, . . - . ~ " ~i ',~, FROM SHIPPENSBURG BOROUGH FAx NO. May. 30 2000 09: 05AM P5 It ' . . . ' , ,\ deparnnenr all active offic~rs who have been fuJlnme members of the Re!!ional . - Police Deparnnent at the time when the Regional Police De;>anmenr disbanded or dissolved. provided the officer:; are employed full time with the Re,ponal Dej:;arnnenr. In d1e event that i,he Borough. for economic reusons. believes it cannot ~mp(oy all full time active police offic:::rs. chen the Borough shall reinstate all nil! nme active officers 0f [he Regional Police Depanme::\t in (~rder or seniomy as it relates to the date of hire by ;he Regional ?oiice Department .'JI police officers remsrated by the Shrppensourg 8orough Depamnent are to bl': reinsmted at ",',ages. .:andiricns and benents speiled our in [he contract by ;mu b.:meen the Borou~h 'Jf SJuppensburg Police Associarion and the ~l.id. Cumberland V:illey Re;r.onal Polic:: Commission_ plus the perC:lntllge of me ye:lI'ty increase as set fu.,b,in [his award hereinbefore under Seccion 1. 6. DISSOU"T10NIPE:'isrON: In cbe event of dissolution of the re~on.u police deparrmenr, pension assets shall, to the eXtent pennitted by applicable law. be distribured as follows: -1'- , "~ ~~' .J .\. , "~ -"~_.J FROM SH I PPENSBlJRG BOROUGH FAX NO. May. 30 2000 09:06AM P6 , . . . " 1 ' I . " A. A mumcipahry hiring officers who. at the nme of dissolution. were members of the regional police departmellt Jnd parTicipants in the regional pension plan. sho.!1 assume full responsibj]i~ for the accrued pension liability 3.ro:ibutable to such officers. TIle regional police commISSIon shall Mn over to ,hat municlpality from the regional pensIon plan a .tun sufficienr to fund tile accrued liabiii~ assumed by the munIcipality The amount tendered ihall be used co fund the assumed pension iiabili~ of officers hired and for no other purpose.' Upon rhe <lSswnprion of accrued penslOn liability. the mW1icipaliry receivin!1: funds shall indemnifv and hold harmless che re:riona! - . ~ commission from ;my and all c!aims made against chern by any pel ice officer. their heirs, executors, and administrarors based on such accrued pension liability. The comnussion shall distribute remaining unencumbered assets of the regional pension fund or any portion thereof which the colTUllission is permitted by law co transfer, to the mtmiclpality in the same proportion thar the municipality -;:. -'-'-::;'" - .1 L ~I ~ _~, ,"._1, ;~, FROM. : SrH PPENSBURG BOROUGH 'AX NO. May. 30 2000 09:07AM P7 J ' ' , , . , . . , . " contributed assers to rhe regIOnal plan at [he time It was created. Prm.lded. however, chat before such distribution be made, [he mUnicipality hiring former reg10nal police officers and pian participants will receive a Si.lIl1 sufficienr to fund [he ac;c:ruea liability. it has assumed for such officers, This distriburion of pension funds under this 5ubparagrnph shall be accomplished sole!y by the actuarial consultant for the regional pension plan at th~ time of dissolution, 1. .n.'RISOlCTIO!'i: Tlle Panel will retain jurisdiction over ,SSlle-.; regm-ding pang:rapn 6. "DissolutIoIJ/Pension, ., .,5- "'"'"~ L.__",_ " .'.~ ..J..~' ~-- , . I . , , . . . " With regard to the various items awarded 'are denied, lhe ArbitratiQn Panel nmy not have been in unanimO\iS ~\ccord on each;, h(j\\~cvcr, al JC~1:)llh~ iniJjority of the bOi1rd concurred with each awarded item i;11llio the denial uf all 9thcl'~, ~ l;iliot Newman, Impartial Chainnan Date: ,s-/1:lJoo e~ignllled Arhitrlltnr ConU1lission Designated Arbitrator ~~ "::~ COllcnl' / Concur J-- ~ Di5~elll_~".t; ..J::...... "", )', ~~ L~ ?.......-w.- /v,tao\o.l~ i Dissent Date ~ - 12. - (;&> Date_~,:-\'5- ~;) ..' , -,. '. ~ J- _., '-' l .,,} ~ I -' I.' _' 1/""1/7 CH.>.NGE TO ARTICLE VII EOl:iTP'laNT .>.ND UNIFORMS A PUIN CLOTrlS OffiCER SHAll RECEIVE THE SUM OF SIX HlJNDREDk'ID FlFTY DOLLARS (S650.OQ). PE..~ YE..>..R, .'\.8 A CLOTInNG ALLOW Al'fCE_ EACH OFFICER SHALL BE PROVIDED A DRY CLEA.'lING .-\LLOW.<\.i\(CE OF THREE h'lj]\/1)RED DOLL~ (5300.00) PER ANNUM ON JANUARY [st OF E-o\.CH YEAR. o:r'>'NGE TO '>'RTICLE " Vo\.Co\.TTOll/ DATE OF HIRE PRIOR TO 12-31-1993: 1 TO 3 YEARS 2 WEE.'CS ~ TO 9 YEARS 3 WEEKS' -'-' 10 TO l5 YEARS ~ WE~ 16 TO 19 YEARS 5 WEEKS 20 YEARS AND IJP 6 WEEKS DATE OF HIRE,STARTlNG 01-01-1994: I TO 2 YE.~ 2 Wfu:--ZS 3 TO 8 YE.o\RS 3 WEEKS 9TO 14 YEARS 4 WEEKS 15 TO 2S YEARS 5 WEEKS 26 YEARS Al'ID UP 6 WEE.'CS -.-, Post-It.... brand fax transmittal memo 7671 l jJ of pages )0 4 T~~.....,..J ..... ~ l.f u:.-r.-'M'l""'- C0- Co- O.pt. Phone It Fox' "x' CH....NGF. TO o\.RTICLE Xl SICK LEA YO: _O\.FTER l'IlNETY (90) DAYS OF CONTINUOUS SERVICE. SIC'"' LEAVE S"dALL BE GRAi.'ITED TO THE EXTENr E.~'IED (iNDER TIlE FOLLOWlNG SCEED(;l.E: L ONE Ai'll) ONE-HALf (1-112) DAYS OF SIC<<: LE-o\. VE EAR.'IED FOR EACH MONTH OF SERv1CE. ADOmOl'fTO -\RTICI E xm INSURANCE GPGN RETIREMENT. THE R..."TIREE Al'<-o HIS OR HER SPOCSE SHALL BE E->'TITLED TO BLt.iE cross I BLUE SHIELD MAJORMEDIC.'.L rNS",iRANCE FOR THE REMN;',DEROF Th"ElR LlFE AT N6cOSTS TO THE R-"TlREE OR HIS OR HE..~ SPOUSE. --~---" ".....~ ,~':i_r "'Z- ~- IN.1TiRY 'N mE UN"E 0F DOTY [f A POLlCE OffiCE.,- IS INJL'RED 1N TIlE UNE OF D(;TY, TIlE i'ARTIES HEREBY lNCORPORArE BY REFERENCE OF TIffi PROVISIONS OF TIlE "HEART .>.1<1) LI.;1-IG Acr. IF A POLlCE OFFICER IS UNABLE TO REUJRI'I TO DliTY DL"E TO AN INJURY Sl;STAlNED IN THE LINE OF DUTY, 1N ADDmON TO A.'<"Y OTrlER BENEFITS, THE MCVRPC SRPll BE RESPONSIBLE FOR MAlNTAU<lNG THE OFFICER'S BLlJ"E CROSS A.'ID BLLiE SHIELD MAJOR MEDICAL JNSURfu'lCE fOR THE OffiCER fu'ID HIS OR HER SPOUSE FOR THE REMAIN1)ER OF THEIR LlFE AT >10 COST TO THE OFFICER OR HIS OR HER SPOUSE. CRANm: TO -\RTIC! F, XIV PE:-1SION PLAN 1. ADD DlSABIUIY BENEFITS OF SEVENTY-FIVE (75) PERCENT. nr"NGE TO ARTICI.E xv PERSONAl, LEAVE ALL FULL TIME POUCE OFFICERS SHALL BE EUGrBtE FOR TWENTY (20) PAID PERSONA!. LEA VB DAYS PER CALENDAR YEAR IN LIEU OF HOLlOAYS. CHANGE TO ARTICI.F. XVJ SALARY 1 diZ:~O 00 ~a ~nL B~89-2E:S _~1L. w~aa U~ClO~ J ., J. ,. .,....' ~-d ::0 ' ~ _. ~ I . 'I THE FOLLOWING WOULD INDrCATE THE SALARlES OF POLICE OFFICERS EFFECTIVE JAJ.'lUARY 1,2000 THROUGH DECEMBER 31. 2003. SALARIES REFLECT .'u'i INCREASE OF 5% FOR. EACH CONTRACT YEAR. P-\ TIlOLMAN LENGTH OF SERVICE 0-12 MONTHS 13-24 MONTHS 25-36 MONTHS 37 MONTHS & UP 2002 :531,309.70 535,434.63 539.559.58 $43.684.50 '003 532.875.19 537,206.36 541,53756 $45,368.73 2000 528,.398.32 $32.14026 535,381.70 $39,623.13 2001 $19818.76 $33,747 IT 537,675.79 $41.60429 CORPORAL- 3.5% ABOVE TOP SALARY P ..TROLMAN $41,009.94 $43,060.44 $45,213.46 $47,474.14 SFRGE..NT.7% ..SOVE TOP SALARY ?..TROLMAN $42.396.75 544,516.59 546.742.42 549.079.54 ,\DOmON TO ,>.RTICLE XVIII HOUR.'; OF WORK IN THE EVENT TEAT OVERTIME HOURS ARE WARRANTED, 1HE HOI.JRS OF WORK SHALL FIRST BE OFFERED TO .-\. FULL TIME EMPLOYEE BY MEAi'iS OF SENIORITY. UNDER NO =CL'MSTANCES SHALL A PART TIME BrIPLOYEE BE ENlTI1..ED TO WORK :VIORE THAi'i 50 HO(,"RS IN ONE PAY PERIOD, WITH'OliT1HE HO(;"RS WORKED FIRST BEING OFFERED TO A Rill TIME EMPLOYEE. THE 50 HOu"RS WOR.."CElJB Y A P.>Jt.r TIME EMPLOYEE SHALL INCLUDE Al-IYHOURL Y COMPENSATED TIME lNCLL'DING BliT NOT LIMITED TO COURT TIME A.'ill1RAINJNG TIME. ..RTTrT F. '('(T smFT DrFl"F.RENTIAI. p... Y WHENEVE.ll. A I'OLlCE OFFICER IS ASSl~"ED TO A."'D WORKS A."Y HOURS BETWEEN 1HE HOu"RS OF 12;00 PM :-lOON .-""1) 6:00 .....\4. suc-r POLICE OFFICER SHAl.L BE PAID AS COMPENSATION, IN .-\.DDmON TO TIlE OFFICER:S RECJ..JLAR i!OURL Y BASE. .-,,'1 .-\.DDmONAL $0.90 PER HOL'R FOR TIlE COl'<TRACl" YEAR. Of :000. 31.05 PER HOt:"R FOR THE CONTRACT YEAR OF 2001. SUO PER i!OL'R FOR TIlE CO:NTRACl" YEAR OF :002. ."-''ill SUS PER HOL"R FOR 1HE CONTRACl" YEAR OF 2003. IF AN OFFICER WORKS BEYOND un: STANDARD SHIFT BETWEEN rrlE HOURS OF 6:Q0 ",'II( "''ill 12 NOON .-\5 A CONTINUATION OF 1HE PREVIOUS SHIFT. 1HE OFFICER SHALL BE ENTITLED TO 1HE SA.\4E SHIFT DlFFERENTIAL PAY FOR 1HE HOURS WOR..'CED. CHANGE T(},~RTICLF. xxm :l-fEMBERSHIl' .. T >. I OC .. I, FIT'lF.SS CE1'lTER A.'fY FULL-TIME POUCE OFFICER WHO WISHES TO JOIN A FITNESS CEJo.lTdl IS EN1ITLED TO RECEIVE A F!FlY (50) PERCENT REIMBliRSE:MENT OF MEMBERSHIP COSTS DOlDER TIlE FOLLOWING CONDmONS: I) un: OFFICER MAY JOIN A.'IY FITNESS CENTER. OF !lIS OR HER CiOlCE. 2} POUCE OFFICERS WHO CHOOSE TO ENROLL IN 1HE FITNESS PROGRAM SHALLPA Y ONE HUNDRED (100) PERCENT OF TIlE COSTS OF ENROLL\4Th'T A.'ill SUBMIT MONTHLY INVOICES FORA FIFTY (50) PERCENT REIMBURSEMENT. PROPOSED ...DDmONAL ~RTTcr F. <6 61.88-~E:S loll. wee-a: "r~qOi!i dt2:bn nn 17. unr -" . . . ". .~ i;:'d -".. """","," . .~ ., . . , . . . MlNlMIJMSIDIT :WA~G AT NO TIME saAll A SCHEDULED SHIFT BE MAi."'NED BY LESS THA.'< TWO (2) UNIFORl\1ED OmCERS AND OR SUPERVISORS. EXCUiDING THE CHIEF OF POWCE A..\ID DETECUVE (S). AT NO 11ME SHAllTIIERE BE LESS TIi'\i'i ELEVEN FULL TL\rlE OffiCERS EMPLOYED BY THE MIj)-CT.JMIlERL.'\i\ID V ALLEY REGIONAL POWCE DEPAR"D!ENT. PROl'flSED ,~DOmON ARTICI K omCER IN C'URGE STATIIS WHE.."l AN omm WORKS A SHIFT AND ASStlMES mE RESPOl-1"SffilI.I1Y OF "omCER IN CHARGE' (Ole), TIL....T OFFICER SHALL RECEIVE ",,-'I ADDmONAL THREE.>.ND ONE HALF (3.i) PERcmtr SALARY INCREASE FOR THE HOURS WORKED IN THE ABSENCE OF A R.'\i'l/KlNG SUPERWSOR. PROffiSED ,ADDmaN ARTICLE omen KIl.I. OF RIGHTS WHEN ..lu'l ANONYMOUS COMPL>.INT IS MADE AGAlNST A POWCE OfFICER ..lu\!D NO CORROBORATIVE EVIDENCE lS OBTAINED, THE COMPLAINT S'dAll BE CL....SSlFlED AS UNFOUNDED. WHEN A CITIZEN COMPn.~ IS FIllED GREATER TIfA.'< ~ (90) OA YS ..>.FrER mE DATE OF THE ALLEGED ~VENT COMPLAlNED OF. WHICH IF TRl.iE. COULD NOT LEAD TO A CR.lM1NAL. CHARGE. SUQH COMPLUNT SHALL BE CL-\SSIFIED AS liNFOLWED. TEE ACCUSED POWCE OFFIC$R SHALL:-lOT BE REQtiIRED TO SUBMIT A WRlTl"E-i REPORT. BL'l HE SHALL BE NOm1!ED [N WRITING OF SUCH CLAIM. A POLICE OFFICER. WHEtHER A ST:SPECf OR WIThC:SS. MUST BE INFOR."IED OF THE NA R""RE OF THE INTERROGATION AT THE ONSET OF THE lNTERROGA TION. IF THE INreRROGATED POLICE OFFICER WlUTES A WRITTEN STATEv[B;"T. A TR.ANSCRlPT IS TAKJ:'"N OR A MECHA.."'C.-u. RECORD )dADE. A COPY OF SA."lE :>.It'ST BE GIVEN TO THE INTERROGATED POUeE 0FFICE..'t WITHOtjT COST ~;PON ll.EQt."EST. [F A POt.iCE OFFICER. UNQER !l<"TE.'t.'tOGAnON IS l.:NDER ARREST OR [S UKEL Y TO BE PL~CED liWERARREST AS A RESt1.TOF TIIE INTERROGATION, ,rlEY SHALL BE COMPLETEt Y INFOR.'vIED10f ALL THEIR RIGHTS PRIOR TO COMME-lCE:V[B;"T OF THE INTERROGATION. AT THE REQUEST OF ANY]omca tJNDER INTERROGATION, THEY SHAll HAVE THE RlGHTTO BE R.EP~ BY COUNSEL OF THEIR. CHOICE WHO SHALL BE PRESENT AT ALL TIMES DURING THE lltITERROGAnON. THE lNTERROGATION SHALL BE SUSPENDED FOR ^ REASONABLE PERlCD OF TIME UNTIL REPRESENT.....UON CA.'! BE OBI AJNED. JNI.ESS AGREED TO BY ~ POUeE OFFICER. THE MCVRPC saAll ~OT MAKE MolY PUBLIC COMMENT ON ~ REASON FOR A.'IY DlSC!PLlNARY ACTION BROI:GHT AGAiNST ANY POLICE OFFICER; A DISCIPLlNARYI.ETTER*,^CED IN .-u'IYPOllCE omCER'S PERSONNEL mE SHAll ONt Y I\EMJUN IN SAID PILf fOR. A PERIOD OF TWO (2) Y"...ARS. THIS mE SHALL BE OPENED TO TEE POLICE omCER UPON REQUEST WlTHIN A REASONABLE TlMf. BY THE PARTY HOtDINGTHE FII.E!lN ORDER TO REVIEW rrs CONTENTS. PROffiSED 4DDmONAI. .l.RTICI.E I.EGAT. AID ct S1.88-<lf:S l.I~ we-as: U~qo~ cl'<l'''O 00 J:e unr ~~..... "", ~~ ~-- . I I . "I' 'd . - - " . . . . .. . . , iF .>. POLICE OFFICER IS CILUGED WITH A CRIMINAL ACTION ARISING FROM TIlE PERFORL'M.c"lCE OF 1HEIR. DUTIES. TIlEY SHAll SELECT THEIR OWN A ITOR.NEY. TI:lE MCVRPC SHALL PAY THE FEES OF SUCH COUNSEL TO mE EXTENT TI:lE FEES ARE IN LmE WITH PREV.ULING FEES WTIH!NTIIE A.REA. 11' A POLICE OFFICER IS A DEFENDANT IN A CIVIL SUIT ARISING FROM THE PERfOR.."4ANCE OF THEIR DUTIES. TIIE MCVRPC SHALLlMMEDIATEL Y FURNISH COUNSEL AND DEFEND THE POllCE OFFICER. THE MCVRPC SHALL BE RESPONSIBLE FOR TIlE JUDGEMENTS ENTERED AGAINST THE P<JllCE OFFICER IN JOB RELATIID SUITS. ALL OTHER PROVISIONS AND PAST PRACTICES NOT HEREIN ADDRESSED SHALL REMAIN IN FULL FORCE AND EFFECT. to GloBB ~ES lo!l. we~fJ UIQO>i cti?:....n nn T;:1 unr ,.-'~ . j; L. ~ ........-. ~~~ :~'P_' ~ . . . ., . . . - . , . " Page 9 Citation PA ST 53 P.S. s 46190 53 P.S. ~ 46190 Found Document Rank I of I Database PA-ST-ANN PURDON'S PENNSYLVANIA STATUTES AND CONSOLIDATED STATUTES ANNOTATED PURDON'S PENNSYLVANIA STATUTES ANNOTATED TITLE 53. MUNICIPAL AND QUASI-MUNICIPAL CORPORATIONS PART VL BOROUGHS CHAPTER 91. TIlE BOROUGH CODE ARTICLE XI. POWERS, DUTIES AND RIGlITS OF APPOINTED OmCERS AND EMPLOYEES (J) CIVIL SERVICE FOR POLICE AND FIREMEN Copr. @ West Group 2000. All rights reserved. Current through End of the 1999 Reg. Sess. ~ 46190. Removals No person employed in any police or fIre force of any borough shall be suspended, removed or reduced in rank except for the following reasons: (I) Physical or mental disability affecting his ability to continue in service, in which cases the person shall receive an honorable discharge from service. (2) Neglect or violation of any official duty. .~ (3) Violation of any law which provided that such violation constitutes a misdemeanor or felony. (4) Inefficiency, neglect, intemperance, immorality, disobedience of orders, or conduct unbecoming an officer. (5) Intoxication while on duty. (6) Engaging or participating in condncting of any political or election campaign otherwise than to exercise his own right of suffrage. A person so employed shall not be removed for religions, racial or political reasons. A written statement of any charges made against any person so employed shall be furnished to such person within fIve days after the same are filed. If for reasons of economy or other reasons it shall be deemed necessary by any borough to reduce the number of paid employes of the police or fIre force, then such borough shall apply the following procedure: (i) if there are any employes eligible for retirement under the terms of any retirement or pension law, if the party to be retired exceeds the muimum age as defined in the act of October 27, 1955 (P.L. 744,No. 222), known as the "Pennsylvania Human Relations Act," [FNI] then such reduction in numbers shall be made by retirement of such employes, starting with the oldest employe and following in order of age respectively, (ii) if the number of paid employes in the police force or fIre force eligible to retirement is insufficient to effect the necessary reduction in numbers, or if there are no persons eligible for retirement, or if no retirement or pension fund exists, then the reduction shall be effected by furloughing the person or persons, including probationers, last appointed to the respective force. Such removal shall be accomplished hy furloughing in numerical order commencing with the person last appointed until such reduction shall have been accomplished. In the event the said police force or fire force shall again be increased the employes furloughed shall be reinstated in the order of their seniority in the service. The provisions of this paragraph as to reductions in force are not applicable to a chief of police. CREDIT(S) Copr. @West2000NoClaim to Orig. U.S. GoV!. Works ~iIII~~bll!;;-<'*-iS~;;ffll;li!lililMllldlf!li"~~~~M~W,;w,""lt)h_"",'u;,"lI~,;llii.!ii!lilli-"'~' ib r~ ~i ~ 'J . , , .. -:---"'...........~~ .".J!.liJJ ,t .," a,,,_JIln:J+-~~.t _ "'_' .1)1)]11 ,L,,,,11 ,,-"'.,,".;' .'.',.,. ."'.10 "",,;; .,'"'", ." -,:'''."" ,H. u_ ~ H.,~. ~" . . . .ilMWl.J!S:..~__ _~w, ,~",,'~--""-,""'.". ":!- ~"'" ,~ "." o --T, --. s~~ ~).:: (;/;-. , ' ::.:-- i..~ ,';"C: :2 ,cL .~ iLl'~~ " . t Il- -' ,~ ~.'~' r:' \,) I. ~ .. ..c ~ <>\ \,~, 'l!l .~ d a (t;J (r)C' ;,: " ~ I ""~ __.J :::;:;. ~::~ .::< ~ ~ ~ f r: ~" " ' _...;~, I~ '~; JUN 3 0 zo~ MID-CUMBERLAND VALLEY REGIONAL POLICE ASSOCIATION : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : APPEAL OF : ACT 111 INTEREST ARBITRATION : AAA-55L 360 0323 99W MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION ORDER OF COURT AND NOW, this _ day of ,2000, upon consideration of Petitioner's Petition to Vacate Arbitration Award, any response thereto and good cause appearing therefore, it is hereby ORDERED and DECREED that the Arbitration Award entered in this cause of action on May 23, 2000 is vacated and/or modified in the manner set forth in the Petition. BY THE COURT: J. - MID-CUMBERLAND VALLEY REGIONAL POLICE ASSOCIATION V. MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION AND NOW, this day of - ',I ,,~ 1'- I1d1r.":'ll JUN :l () 2~ : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : APPEAL OF : ACT 111 INTEREST ARBITRATION : AAA-55L 360 0323 99W ORDER OF COURT ,2000, upon consideration of Petitioner's Petition to Vacate Arbitration Award, any response thereto and good cause appearing therefore, / it is hereby ORDERED and DECREED that the Arbitration Award entered in this cause of action on May 23, 2000 is vacated and/or modified in the manner set forth in the Petition. BY THE COURT: J. ,J~""'"'"~ "' - "'''':.' . ~J ,;,,"} JUN 3 0 2~ MID-CUMBERLAND VALLEY REGIONAL POLICE ASSOCIATION : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : APPEAL OF : ACT 111 INTEREST ARBITRATION : AAA-55L 360 0323 99W MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION ORDER OF COURT AND NOW, this _ day of , 2000, upon consideration of Petitioner's Petition to Vacate Arbitration Award, any response thereto and good cause appearing therefore, it is hereby ORDERED and DECREED that the Arbitration Award entered in this cause of action on May 23, 2000 is vacated and/or modified in the manner set forth in the Petition. BY THE COURT: J. ,- - ~~" - MID-CUMBERLAND VALLEY REGIONAL POLICE ASSOCIATION V. MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION , , ' - ~iU.I~ JUN 3 0 ~ : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : APPEAL OF : ACT 111 INTEREST ARBITRATION : AAA-55L 360 0323 99W ORDER OF COURT AND NOW, this _ day of , 2000, upon consideration of Petitioner's Petition to Vacate Arbitration Award, any response thereto and good cause appearing therefore, , it is hereby ORDERED and DECREED that the Arbitration Award entered in this cause of action on May 23, 2000 is vacated and/or modified in the manner set forth in the Petition. BY THE COURT: J. - , .~ ~ ~, ,:;,- . ~d ""--",.",,,' UUN30l~ MID-CUMBERLAND VALLEY REGIONAL POLICE ASSOCIATION : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : APPEAL OF : ACT 111 INTEREST ARBITRATION : AAA-55L 360 0323 99W MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION ORDER OF COURT AND NOW, this _ day of ,2000, upon consideration of Petitioner's Petition to Vacate Arbitration Award, any response thereto and good cause appearing therefore, it is hereby ORDERED and DECREED that the Arbitration Award entered in this cause of action on May 23, 2000 is vacated and/or modified in the manner set forth in the Petition. BY THE COURT: J. ~t - -= .'C."-"--,, JUN 8 U 2' MID-CUMBERLAND VALLEY REGIONAL POLICE ASSOCIATION : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA V. : APPEAL OF : ACT 111 INTEREST ARBITRATION : AAA-55L 360 0323 99W MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION ORDER OF COURT AND NOW, this _ day of , 2000, upon consideration of Petitioner's Petition to Vacate Arbitration Award, any response thereto and good cause appearing therefore, it is hereby ORDERED and DECREED that the Arbitration Award entered in this cause of action on May 23, 2000 is vacated and/or modified in the manner set forth in the Petition. BY THE COURT: 1. ,"'~'" ~. 0 - ~ ~ " ~ , JUN 3 0 20~ MID-CUMBERLAND VALLEY REGIONAL POLICE ASSOCIATION : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA V. : APPEAL OF : ACT 111 INTEREST ARBITRATION : AAA-55L 360 0323 99W MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION ORDER OF COURT AND NOW, this day of - ,2000, upon consideration of Petitioner's Petition to Vacate Arbitration Award, any response thereto and good cause appearing therefore, it is hereby ORDERED and DECREED that the Arbitration Award entered in this cause of action on May 23, 2000 is vacated and/or modified in the manner set forth in the Petition. BY THE COURT: J. ~~,~"",.~. - ~~ JUN :1 0 20a~ MID-CUMBERLAND VALLEY REGIONAL POLICE ASSOCIATION V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : APPEAL OF : ACT 111 INTEREST ARBITRATION : AAA-55L 360 0323 99W MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION ORDER OF COURT AND NOW, this _ day of ,2000, upon consideration of Petitioner's Petition to Vacate Arbitration Award, any response thereto and good cause appearing therefore, " it is hereby ORDERED and DECREED that the Arbitration Award entered in this cause of action on May 23, 2000 is vacated and/or modified in the manner set forth in the Petition. BY THE COURT: J. ~ ~" ~ ~ ~ lj ,-~ - JUN30~ MID-CUMBERLAND VALLEY REGIONAL POLICE ASSOCIATION : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : APPEAL OF : ACT III INTEREST ARBITRATION : AAA-55L 360 0323 99W MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION RULE AND NOW, this day of , 2000, a Rule is entered upon the respondents, Mid-Cumberland Valley Regional Police Association and Mid-Cumberland Valley Regional Police Commission to show cause why the arbitration award entered in this cause of action on May 23,2000 and received by petitiONer on May 30, 2000 should not be vacated or modified. RULE RETURNABLE the _ day of , 2000, at o'clock .m. in Courtroom No. ----' Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. ._".."'1 > . , . ,,.,.,;:.-;;.;, JUNaO~ MID-CUMBERLAND V ALLEY I REGIONAL POLICE ASSOCIATION V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : APPEAL OF : ACT 111 INTEREST ARBITRATION : AAA-55L 360 0323 99W MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION RULE AND NOW, this _ day of , 2000, a Rule is entered upon the respondents, Mid-Cumberland Valley Regional Police Association and Mid-Cwnberland Valley Regional Police Commission to show cause whV the arbitration award entered in this cause of action on May 23, 2000 and received by petitioij,er on May 30, 2000 should not be vacated or modified. RULE RETURNABLE the _ day of , 2000, at 0' clock .m. in Courtroom No. -' Cwnberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. b"""'~ IIINs 0 ~ MID-CUMBERLAND VALLEY REGIONAL POLICE ASSOCIATION V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : APPEAL OF : ACT III INTEREST ARBITRATION : AAA-55L 360 0323 99W MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION RULE AND NOW, this _ day of , 2000, a Rule is entered upon the respondents, Mid-Cumberland Valley Regional Police Association and Mid-Cumberland Valley Regional Police Commission to show cause why the arbitration award entered in this cause of action on May 23, 2000 and received by petitioner on May 30, 2000 should not be vacated or modified. RULE RETURNABLE the _ day of , 2000, at 0' clock .m. in Courtroom No. -' Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. UN30~ MID-CUMBERLAND VALLEY ! REGIONAL POLICE ASSOCIATION V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : APPEAL OF : ACT III INTEREST ARBITRATION : AAA-55L 360 0323 99W MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION RULE AND NOW, this _ day ot , 2000, a Rule is entered upon the respondents, ! Mid-Cumberland Valley Regional Police Association and Mid-Cumberland Valley Regional Police Commission to show cause wh~ the arbitration award entered in this cause of action on I May 23, 2000 and received by petitio*er on May 30, 2000 should not be vacated or modified. RULE RETURNABLE the ~ day of , 2000, at o'clock .m. ill Courtroom No. , Cumberland Coulnty Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. - - ~"-"- ~ - JUN 3 0 ~ MID-CUMBERLAND VALLEY REGIONAL POLICE ASSOCIATION V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : APPEAL OF : ACT III INTEREST ARBITRATION : AAA-55L 360 0323 99W MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION RULE AND NOW, this _ day ot , 2000, a Rule is entered upon the respondents, Mid-Cumberland Valley Regional Police Association and Mid-Cumberland Valley Regional Police Commission to show cause why the arbitration award entered in this cause of action on May 23, 2000 and received by petitio~er on May 30, 2000 should not be vacated or modified. RULE RETURNABLE the _ day of , 2000, at o'clock .m. ill Courtroom No. --> Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. _=<i<..'WO ~ " ~ ~~-"""",,"," JON 30' MID-CUMBERLAND VALLEY REGIONAL POLICE ASSOCIATION V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : APPEAL OF : ACT III INTEREST ARBITRATION : AAA-55L 360 0323 99W MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION RULE AND NOW, this _ day of , 2000, a Rule is entered upon the respondents, Mid-Cumberland Valley Regional Police Association and Mid-Cumberland Valley Regional Police Commission to show cause why the arbitration award entered in this cause of action on May 23, 2000 and received by petitioner on May 30, 2000 should not be vacated or modified. RULE RETURNABLE the _ day of , 2000, at o'clock .m. in Courtroom No. --> Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. ,~ JON301~ MID-CUMBERLAND VALLEY REGIONAL POLICE ASSOCIATION V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : APPEAL OF : ACT 111 INTEREST ARBITRATION : AAA-55L 360 0323 99W MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION RULE AND NOW, this _ day of , 2000, a Rule is entered upon the respondents, Mid-Cumberland Valley Regional Police Association and Mid-Cumberland Valley Regional Police Commission to show cause why the arbitration award entered in this cause of action on May 23, 2000 and received by petitioner on May 30,2000 should not be vacated or modified. RULE RETURNABLE the __ day of , 2000, at o'clock .m. ill Courtroom No. --> Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. ", T '~ JlIN 3 0 ~ MID-CUMBERLAND VALLEY REGIONAL POLICE ASSOCIATION V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : APPEAL OF : ACT 111 INTEREST ARBITRATION : AAA-55L 360 0323 99W MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION RULE AND NOW, this _ day of , 2000, a Rule is entered upon the respondents, Mid-Cumberland Valley Regional Police Association and Mid-Cumberland Valley Regional Police Commission to show cause why the arbitration award entered in this cause of action on May 23,2000 and received by petitioner on May 30,2000 should not be vacated or modified. RULE RETURNABLE the __ day of , 2000, at o'clock .m. ill Courtroom No. --> Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. Sep 05 00 12:19p Salzmann & OePaulis, P~C. 717263-0663 p.2 I 'SALZMANN & DEPAULIS, P.C. G. BRYAN SALZMAN!'-, ESQ. ANN F. D,P,'ULlS, Es~. NORMA]. BARTKO, ESQ.- Wll.UAM W, THOMPS,:)N, ESQ.~ MELISSA K. DIVELY, ESQ. PARA~EG.....LS PAMELA R. STIVER BARBARA J. MOSIOR LEA ANN CR!DER 455 PHOENIX DRIVE. SVJTEA. CHAMSfRSBURC, PA 17201 (717) 263.2l21 F.\X (717) 26).066) lOS NORTH FRONT SiREE1 . SUrTE 401 - HARf.ISCURC, PA 17101 (717) nZ.942Q F,\K (717) 2.J2-t970 Of CDUN:,'1:l A~:L:~~r~~~T~r~:J~~~~~~'MR fj~~~~~fij;~~~~~:~ :-.~~=--- VIA FACSIMILE (717) 240-6462 Honorabl" Edward Guido Attention. Sandy Davis Cumberland County Courthouse One Counhouse Square Carlisle, FA 17013 1<I)._b~~ f//r,c.:d. ~'N A:-/e... kl'l-i~/ Re: Mid-Cumberland f~~~ pf!;(JCe A&fc!;tion v. Mid-Cumberland Valley Regional Police Commission, No. 00-4159 Civil Term 475 WEST GOVE!1.NOR ROAD ~ HER::;H2V, PA 17033 (717) 534.0794 FAx (717) 520.9119 (JI(/G,''''AL L ctIr.ic. 70 I- () 110 wJ . Dear Judge Guido: Please receive this letter as a response to an inquiry this day from your office regarding the above-,."ferenced matter. Please be advised that the parties met in August and have scheduled further negotiation sessions addressing a spectrum of issues in litigation including those matters pending before you. The next meetings are scheduled for September 25, 26 and October 11, 2000. In light of the ongoing effort to resolve the various disputes please be advised that the parties are not requesting that the Court schedule a hearing in the case referenced above in the near future. If you have any questions or comments, please do not hesitate to contact me. Thank you for your assistance and cooperation with this matter. Very truly yours, ~NN~ ~ ,~. . OJ,,", E.q.." MKD/lac Cc: P. Richard Wagner, Esquire Forest Myers, Esquire Mark Buterbaugh, President-Borough Council CONCENTRATiNG IN ENVIRONMENTAL, CORPORATE, AND MUNICIPAL LAW lliIm' " ~-- - .~ Sep 05 00 12:19p Salzmann & DePaulis, P.C. 71?263-0663 . SALZMANN & DEPAULIS, P.C G. Bryan Salzmann, Esquire Ann F, DePaulis, Esquire 'Norma]. Bartko, Esqulre "'Wjlliam W. Thompson, Esquire Melissa K. Dively, Esquire *ALso admitted to MaryLand Bar Of Counsel Anthony J. Nestico, Esquire Pamela R. Stiver, Paralegal Barbara J. Mosior, Paralegal Lea Ann Crider, Parakgal FAX COVER 455 Phoenix Drive; Suite A-Chambersburg, PA 17201-0276 (717) 263-2121 FAX(717) 263-0663 ]05 North Front Street-Suite 401-HalTisburg, PA 17101 (717) 232-9420 FAX (717) 232-1970 475 West GovemorRoad-Hershey, PA 17033 (717) 534-0794 FAX (717) 520-9119 DATE: September 5,2000 TO: Sandy Davis OF: Honorable Edward Guido's Office FAX NO. 017)240-6462 FROM: Melissa K. Dively, Esquire (Lea Ann) RE: MCVRP Association v. MCVRP Commission, No, 00-4159 TOTAL PAGES: a (INCLUDING THIS PAGE) MESSAGE IF YOU DO };OT RECEIVE ALL PAGES, PLEASE CALL (717) 263-2121. THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED. AND MAY CONTAIN INFORMA TI0N THAT IS PRIVILEGED. CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LA W. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFlED THAT ANY DISSEMINATION. DISTRIBUTION OR COPYING OF TIllS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HA VB RECEIVED TllIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDfA TEL Y BY TELEPHONE AND RETURl'l THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. p.1 -I ! 'i ,I " I i i I I I j I ii \i !i ,. ii I: " " " , " MID-CUMBERLAND VALLEY REGIONAL POLICE ASSOCIATION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. APPEAL OF ACT 111 INTEREST ARBITRATION : AAA-55L 360 0323 99W MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION : NO. 00-4159 Civil Term STIPULATION OF COUNSEL AND NOW, the undersigned hereby Stipulate that the scheduling of a hearing on the Borough of Shippensburg' s Petition to Vacate is not required at this time as the Borough of Shippensburg and the Police Association are scheduling a meeting in an attempt to resolve matters raised in the Petition. In the event such discussions do not resolve outstanding matters, the parties will inform the court and request a hearing. Salzmarm & DePaulis, P.C. G. an SOliCl the oro of Shippensburg 455 Phoenix Drive, Suit A Chambersburg, P A 17201 (717) 263-2121 Mancke, Wagner, Hershey & Tully By: r, Esquire Counse or Police Association 2233 North Front Street Harrisburg, P A 17110 (717) 234-7051 c' ~j~ . u~j_II'BlI_:8l_~WJ~~l>iMMl;\i;I~~;'i1'" " """'-""'iiIiIiBi!i~~~'~~"'J~~~"~~ . ~.;.w""",;;.. .~ ._'~ "' (") c::~ C) C c~ ?' "'n ;g~r ~; Z-f. LC 1='::' , ,~ ' c..Of> CO I -<~~. ~~i ) () J:'!" "-j -" ~-~i'25 >E 9 () ,'n Z ~I ...... .", -< eo ::0 .-< .. .~' .-' , " "-,-, t., --- , '. '_v,-' V" ,.' _ <"_,,'C MID-CUMBERLAND VALLEY REGIONAL POLICE ASSOCIATION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. APPEAL OF ACT 11 INTEREST ARBITRATION AAA-55L 360 0323 99W MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION NO. 2000-4159 ENTRY OF APPEARANCE Please enter the appearance Forest N. Myers, Esquire, on behalf of the Mid- Cumberland Valley Regional Police Commission. " ~&"j~ Forest N. Myers Attorney ID 18064 137 Park Place West Shippensburg, PA 17257 (717) 532-9048 (717) 532 8879 (Fax) E-mail: fnmvers@cvn.net Solicitor for Mid-Cumberland Valley Regional Police Commission Dated: July 18, 2000 . ". ~ ..-}ilIiitiI~.~f _.~- c.r:_,_,'. .' t gWl~__n."HI' _,-.::.0,<",'...'.,;_ '.,:....,. .,.- ~-, .. ~"'=~ '., o ~ ~~~ ~~. :2:$) 5~. 2"J -<. -~ iII- - (:-:J f=l ~= '"',) t:) "_c_i , (-) -c, ~~~:, ~,..,.- !,.J ':'.;",C} ;;;..~, r ~ =j;i c_,] ="'< ~.n Ii! Sep 05 00 03:47p Salzmann ~ DePaulis, P.C. 717263-0663 00 ~ y/j9 p.2 , ~~ .. SALZMANN & DEPAUUS, P.C. G, BRYAN SALZMANN, EsQ. AN!\! E DE;PAUU::i. Ese... NORMA J, BARTKO, Esq.... W1LUAM W Tl~OMPS(JN, ESQ.* MELISSA K, DIVELY, 8Q. P...MLEGALS PAMELA R. STrVER BARBARA J. MOSIOR LEA ANN OtlDER 455 PHOENIX DRIVE. $uJn A . CHAMfI~RSBURCi, PA 1 n01 17171263.2121 FA.< (717) 263.0663 105 NORTH FRONT SrnEET . SUITl: 401 . HARRISBURC, PA 17101 (7171 232.9420 FAX (7/71232.1970 OF COUN..;EL ANTHONY J. NES'TICO, Esq, '"",L;,o An\lITTED T(I :vlAR:'LAND 11M!.. ~,.-;rnfj~-;rooU~'- -- - ..' ---~~.2l:;:'~~ 475 WEST GOVERNOR ROAD. HERSHEY, PA l703J (7171 534.07Y4 FAX (717) 52009119 VIA FACSIMILE (717) 240-6462 Honorable Edward Guido Attention: Sandy Davis Cumberland County Courthouse One Courthouse Sq uare Carlisle, :'A 170]3 Re: Mid-Cumberland Valley Regional Police Association v. Mid-Cumberland Valley Regional Police Commission, No, 00-4159 Civil Term Dear Judge Guido: P iease accept this letter as a follow up and clarification of our previous letter this date, faxed to your attention, a copy of/he letter is attached hereto for your convenience. Upon review of our sehedulel have determined that the parties to the above referenced matter are scheduled to meet only on September 26, 2000. Thereafter, we hope to advise the Court wl.ether a hearing is necessary to resolve the issues in dispute. If you have any questions or comments, please do not hesitate to contact me. Thank you for yourlssistance and cooperation with this matter. Very truly yours, SALZMANN & DePAULIS, r.c. By: ~~a.-q{ i)jjjJ"l1a . Melissa K. Dively, Es~u::-7:/ t MKD/lac Cc: P. Richard Wagner, Esquire Fort:st Myers, Esquire Mark Buterbaugh, President-Borough Council CONCENTRATlNG IN ENVIRONMENTAL, CORPORATE, AND MUNlCIPAL LAW ~~ - Sep 05.00 03:48p ~1 Salzmann & DePaulis, P.C. 717263-0663 p.3 .' SALZMANN & DEPAULIS, P.C. G. BRYAN SALZMANN, ESQ. ANN F. qlEPAULlS, Ese, NORMA J. BARTKO, ESQ.'" WILLIAM' W. THOMPSON, ESQ." MELlSSAK. DlVELY, E;Q. PAItALEGALS PAMELA R. STIVER BARBARA J. MOSlOR LEA ANN CRIDER 455 PHOENIX DRIVE' SUITE A . CHAMBERSBURO, PA 1720l (717) 263-2121 FA.< (717) 263-0663 lOS NORTH FRONT STREET'" SUITE 401 . HARRISRURG, PA 17101 (717) 2.32-9420 FAX (717) 232.1970 Of COUNSEL ANTHONY J. NESTleD. ESQ, 475 WEST GOVERNOR ROAD. H::RSHEY, PA 170.33 (717) 5J4-079~ FAX (717) 520.9l19 "'ALSO AD\-IITTED TO MAlcLAND lIAR September 5, 2000 VIA FACSIMILE (717) 240-6462 ; Honorable Edward Guido . Attention: Sandy Davis . Cumberl,.nd County Courthouse ; One COUlthouse Square : Carlisle, P A 17013 Re: Mid-Cumberland VaHey Regional Police Association v. Mid-Cumberland Valley Regional Police Commission, No. 00-4159 Civil Tenn Dear Jud:?;e Guido: P,ease receive this letter as a response to an inquiry this day from your office regarding the above-referenced matter. P lease be advised that thc parties met in August and have scheduled further negotiation sessions ,iddressing a spectrum of issues in litigation including those matters pending before you. The next meetings are scheduled for September 25, 26 and.October 11,2000. In light of the ongoing effort to resolve the various disputes please be advised that the parties are not requesting that the Court schedule a hearing in the case referenccd above in the near future. '! If you have any questions or comments, please do not hesitate to contact me. Thank you for your assistance and cooperation with this matter, Very truly yours, SALZMANN & DePAULIS, P.c. Issa K. Dively, Esquire MKDllao Cc: P Richard Wagner, Esquire Fowsl Myers, Esquire Mark Buterbaugh, President-Borough Council CONCENTRATING IN ENVIRONMENTAL, CORPORATE, AND MUNICIPAL LAW -. Sep 05 00 03:47p Salzmann L DePaulis, P.C. .. 717263-0663 p.l I , SALZMANN & DEPAULIS, P.C G. Bryan Salzmann, Esquire Ann F. DePlUJis, Esquire *Norma J. Banko, Esquire "'William W. Thompson, Esquire Melissa K. Dively, Esquire >l'Also adnl.ltted 10 Maryland Bar Of Counsel Anthony J. Nestico, Esquire Pamela R. Stiver, Paralegal B"rbara J, Mosior, Paralegal Lea Ann Crider, Paralegal FAX COVER 455 Phoenix Drive; Suite A-Chambersburg, PA 17201-0276 (717) 263-2121 FAX (717) 263-0663 105 North Front Street-Suite 401-Harrisburg, PA 1710] (7J 7) 232-9420 FAX (717) 232~1970 475 West Governor Road-Hershey, PA 17033 (717) 534-0794 FAX (717) 520-9119 DATE: September 5, 2000 TO: Sandy Davis OF: Honorable Edward Guido's Office FAX NO. (717) 240-6462 FROM: Melissa K. Dively, Esquire (Lea Ann) RE: MCVRP Association v. MCVRP Conunission, No. 00-4159 TOTAL PAGES: .3 (INCLUDING THIS PAGE) MESSAGE: IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (7]7) 263-2121. THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH rT IS ADDREo SED, AND MAY CONTAIN INFORMATION 11lA T IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIV:OD THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDlA TEL Y BY TELEPHONE AND RETURN THE ORlGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. -... - " ~"'_i"&" ~ MID-CUMBERLAND VALLEY REGIONAL POLICE ASSOCIATION : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : APPEAL OF ACT 111 INTEREST : ARBITRATION : AAA-55L 360 0323 99W MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION: NO. 00-4159 CIVIL TERM ORDER OF COURT AND NOW this~ day of March 2001, upon consideration of the Motion to Withdraw this Court hereby orders that the Appellants' appeal and modification of arbitration award is withdrawn and marked discontinued as a matter of record. BY THE COURT J. -,~~~,~ l:l ' II ." ",ill~~l1DiillI.iilIiulOOJ 1.~,,"",.'''''"==-','"'~IIif~ .1IillU~~"""""""', . -~< ~ _. _.0 ""_. ,'" ~~'~'~iIfiI' "II'~., " ~ ~ .. ~,~'"' II VINIft'lASNN3d JJNno.'J OMil1:E18V'mo 6 I :6 I-I~ S I clVl.J ro } L1\"lu"'rrC)", j "",' ,'j:.;, \(jV i., )~'''''--'',.: ..,J' __'. ~JQI:J:iCv~(]:nH .J() '-'Y I 1;!!'I;;lI!1''''''''*'''''~~'. ,-, ~ -, .~, f MID-CUMBERLAND VALLEY REGIONAL POLICE ASSOCIATION : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : APPEAL OF ACT 111 INTEREST : ARBITRATION : AAA-55L 360 0323 99W MID-CUMBERLAND VALLEY REGIONAL POLICE COMMISSION: NO. 00-4159 CIVIL TERM MOTION TO WITHDRAW ARBITRATION APPEAL AND NOW comes the Borough of Shippensburg, by and through its solicitor, G. Bryan Salzmann, Esquire and Salzmann & DePaulis, P.c., and respectfully requests this Honorable Court as follows: 1. As of midnight December 31, 200t and pursuant to and in accordance with the charter of the Mid-Cumberland Valley Regional Police Commission ("MCVRP"), MCVRP party appellant herein dissolved and ceased to exist. 2. As a joint participant in MCVRP, Shippensburg Borough is the remaining extant party and is the Appellant in the within matter. 3. The Borough of Shippensburg does not seek to oontinue litigation in the Act 111 interest arbitration. 4. The Appellees, Mid-Cumberland Valley Regional Police Commission, have been so advised of this Motion to Withdraw the appeal. "~" . -~~.. , 'L ........ ,,-'" 'j"' a ~ iIl:!~iB;r; .. WHEREFORE, the Borough of Shippensburg respectfully requests this Court to allow the withdrawal of the appeal to mark this matter discontinued. Respectfully submitted, SALZMANN & DEPAULIS, P.c. By: ~..~.". .U - '" . '-.c, I CERTIFICATE OF SERVICE I hereby certify that on this Z!-i.- day of 1~~" 2001, I served a true and correct copy of the foregoing document via United States first class mail, postage pre- paid to the following: Mid-Cumberland Valley Regional Police Association Post Office Box 26 Shippensburg,PA 17257 Mid-Cumberland Valley Regional Police Commission Post Office Box 26 Shippensburg, P A 17257 Elliot Newman, Esquire 79 North Jackson Avenue Pittsburgh, P A 15202 Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Forest Myers, Esquire 137 Park Place West Shippensburg,PA 17257 SALZMANN & DePAULIS, P.c. M . saK ,quire ttorney J.D. #36780 for G. 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