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JO ANNETTE SERLUCO,
Plaintiff
V.
BOROUGH COUNCIL OF THE
BOROUGH OF SHIREMANSTOWN,
Defendant
. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- by06 e
CIVIL ACTION - EQUITY
NO TIC
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by
attorney and filing in writing with a court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further
notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
LAW U.q CLI
SNELOAKER.
BRENNEMAN
9 SPARE
SNELBAKER, BRENNEMAN 6 SPARE, P. C.
By; V9 -
Attorneys for Plaintiff
JO ANNETTE SERLUCO,
Plaintiff
V.
BOROUGH COUNCIL OF THE
BOROUGH OF SHIREMANSTOWN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 6606,
CIVIL ACTION - EQUITY
COMPLAINT
Jo Annette Serluco, by her attorneys, Snelbaker, Brenneman
& Spare, P. C., files this Complaint and in support thereof
states the following:
1. Plaintiff Jo Annette Serluco is an adult individual
residing at 302 Walnut Circle, Shiremanstown, Cumberland County,
Pennsylvania.
2. Defendant, the Borough Council of the Borough of
Shiremanstown, constitutes the duly elected corporate
authorities of the Borough of Shiremanstown, a Pennsylvania
municipality with a principal office located at 1 Park Lane,
Shiremanstown, Cumberland County, Pennsylvania.
3. Plaintiff is presently and has at all times relevant
hereto been a resident and tax payer of the Borough of
Shiremanstown.
4. On July 19, 1999 the Borough Council of the Borough of
Shiremanstown (hereinafter "Council") directed the Solicitor for
LAW ,,,,«, the Borough of Shiremanstown to prepare and advertise an
SNELOAKER.
BRENNEMAN ordinance for purposes of authorizing the merger of the Borough
& SPARE
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of Shiremanstown Police Department with the police departments
of Lower Allen Township and the Borough of New Cumberland, which
ordinance was to be considered and voted upon at the next
regular meeting of Council.
5. The ordinance directed to be prepared and advertised as
made reference to in Paragraph 4, above, (hereinafter the
"Ordinance") was published and advertised August 3, 1999 in The
Patriot News newspaper. A true and correct copy of the
ordinance as published on August 3, 1999 and Proof of
Publication with respect to such advertisement are attached
hereto and incorporated by reference herein as "Exhibit All and
"Exhibit B", respectively.
6. At a public meeting of Council held August 16, 1999,
council by a majority vote adopted the Ordinance, subject to the
approval of Council and adoption of a merger agreement among the
Borough of Shiremanstown, the Borough of New Cumberland and
Lower Allen Township.
7. At a public meeting of Council held September 20, 19991
the Mayor of Shiremanstown Borough vetoed the Ordinance approved
by Council August 16, 1999.
8. At the public meeting held September 20, 19990
immediately following the Mayor's veto of the Ordinance, five of';
the seven members of council voted in favor of overruling the
I•ky?
veto and reapproving the ordinance. A true and correct copy of '-
LAW orn<[e
SNCLOAKCR.
the Ordinance approved by Council on September 20, 1999 is .
13RENNEMAN ??'
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.
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.
.
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attached hereto and incorporated by reference herein as "Exhibit
C"
9. At the public meeting held September 20, 1999,
following Council's reapproval of the Ordinance, Council, by a
resolution approved by a vote of five of seven Council members,
approved an agreement establishing a regional police department
among the municipalities of the Borough of Shiremanstown, the
Borough of New Cumberland and Lower Allen Township (hereinafter
the "Agreement"). A true and correct copy of the aforementioned
resolution (the "Resolution") adopted by Council is attached
hereto and incorporated by reference herein as "Exhibit D". A
true and correct unsigned copy of the aforementioned Agreement
is attached hereto and incorporated by reference herein as
"Exhibit E".
10. The open public meeting held on September 20, 1999 was
held at the Shiremanstown United Methodist Church gymnasium at
125 East Main Street, Shiremanstown, Pennsylvania.
11. The public meeting held on September 20, 1999 was a
regular monthly meeting of Council.
12. Council failed to provide public notice of the place,
date and time of the September 20, 1999 meeting as required by
the Sunshine Act (Act of October 15, 1998, P.L. 729, No. 93; 65
Pa.C.S.A. S 701, et seq.).
13. On September 20, 1999 during the course of the public
LAW OIIICLS
SNEL"AKER.
BRENNEMAN
a SPARE
meeting noted above and prior to action by council to adopt the
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Ordinance and Resolution, Council President Jack Lange limited
public participation and comment by pronouncing to all in
attendance at the meeting that Council will give thirty (30)
minutes to the topic of the police merger.
14. On September 20, 1999, during the course of the public
meeting noted above and prior to the action by Council to adopt
the Ordinance and Resolution, Council President Jack Lange
announced to the public that the thirty (30) minute period given
to the topic of the police merger had concluded.
15. On September 20, 1999 during the course of the public
meeting noted above and prior to action by council to adopt the
Ordinance and Resolution, Council President Jack Lange on two
separate occasions announced to the public at the meeting that
the thirty (30) minute comment period had concluded unless
someone had something "new" or "different" to say.
16. The pronouncements or announcements made by Council
President Jack Lange as set forth in Paragraphs 13, 14 and 15,
above, were made without objection or contradiction by a AF
majority of the members of Council.
17. The pronouncement or announcements made by council `
LAW O!/ICES
SNELOAKCR.
13RENNEMAN
& SPARE
President Jack Lange as set forth in Paragraphs 13, 14 and 15,
above, were made on behalf of Council and for Council's benefit
for purposes of conducting the public meeting on September 20,
1999.
18. The pronouncements or announcements made by Council
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. 11 .
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President Jack Lange as set forth in Paragraphs 13, 14 and 15,
above, were made at a time when there were more than one hundred
persons present at the meeting, the overwhelming majority of
which were residents and tax payers of the Borough of
Shiremanstown who were interested in the topic of the police
merger.
19. Council President Jack Lange and Council violated the
Sunshine Act by improperly announcing to the public that public
comment and therefore participation on the topic of the police
merger would be limited to a period of thirty (30) minutes.
20. Council President Jack Lange and Council violated the
Sunshine Act by improperly limiting public comment on the topic
of the police merger for a period of thirty (30) minutes.
21. Council President Jack Lange and Council violated the
Sunshine Act by improperly limiting the subject matter of public
comment to only "new" or "different" comments on the topic of
the police merger.
22. Council violated the Sunshine Act by failing to defer
or continue the public participation and comment period
concerning the police merger to the next regular meeting of
Council or to a special meeting occurring in advance of the next
regular meeting.
23. For the reasons set forth above, Council failed to
provide a meaningful and reasonable opportunity at the open
Lew OFFICES
SNELOAKER, public meeting for the residents and taxpayers in attendance to
BRENNEMAN
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comment on matters of concern, official action or deliberation
LAW OFFICES
SNELOAKER.
BRENNEMAN
a SPARE
pertaining to the proposed police merger before Council took
action on the ordinance and Resolution.
24. It is believed that at least one or more residents or
taxpayers present at the public meeting on September 20, 1999
did not provide public comment to Council on the matter of the
police merger due to the limitations and restrictions placed on
public participation and comment as more fully set forth above.
25. For the reasons set forth above, the actions of
Council, by Council and through Council by the actions of
President Jack Lange, were contrary to the intent underlying the
Sunshine Act of curbing the abuse of power by opening the
decision making process to greater public participation,
scrutiny and accountability.
26. The adoption of the ordinance and Resolution which
pertain to the Borough of Shiremanstown's participation in a
regional police force will in the future and presently has had
substantial and far reaching police coverage and financial
consequences to the residents and taxpayers of the Borough of
Shiremanstown.
27. For the reasons set forth above, it is believed and
therefore averred that the residents and taxpayers of
Shiremanstown have been harmed by not having the proper notice
of the location of the September 20, 1999 meeting and by not
having the opportunity to participate, without improper or
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unreasonable limitations, in such meeting.
28. For the reasons set forth above, immediate and
irreparable harm not compensable by damages has resulted and
will continue.
29. For the reasons set forth above, greater injury will
be done by refusing an injunction as requested herein than by
granting it.
30. For the reasons set forth above, injunctive relief is
appropriate to abate the improper activities complained of
herein.
31. For the reasons set forth above, the grant of an
injunction will not adversely effect the public interest, but
will restore the status quo.
WHEREFORE, Plaintiff Jo Annette Serluco requests this Court
to:
A. Declare the Ordinance enacted and Resolution
passed September 20, 1999 null, void and of no
legal effect;
B. Enjoin preliminarily and thereafter permanently
the participation of the Borough of Shiremanstown
in the Cumberland Metro Police Department;
C. Enjoin preliminarily and thereafter permanently
the expenditure of any and all funds by the
Borough of Shiremanstown for or on account of the
LAW GIIIC" II
SNELOAKER. Cumberland County Metro Police Department or said
BRENNEMAN
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Borough's participation therein;
D. Return the status quo pertaining to the police
department of the Borough of Shiremanstown as it
existed prior to any action being taken by
Council on the ordinance and Resolution;
E. Affirm, restore and vest all powers and duties of
a police department as established pursuant to
the Borough Code in the Borough of Shiremanstown
Police Department subject to such control of the
Mayor and Council as is permitted by law;
F. Award Plaintiff reasonable attorney's fees and
costs of this litigation due to the willful,
wanton disregard of Council of the Sunshine Act;
G. Grant Plaintiff such other relief as this Court
in its discretion deems just and appropriate
under the circumstances.
Date: October 20, 1999
LAw OIIICE•
SNELOAKER.
BRENNEMAN
9 SPARE
SNELBAKER, BRENNEMAN & SPARE, P. C.
By:
KeKe th 0. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Jo Annette Serluco
-s-
u
CATIO
I verify that the statements made in the foregoing Complaint
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. §4904 relating
to unsworn falsification to authorities.
6 l e I116- ?co
Jo Annette Serluco
Date: OCTOBER 20, 1999
LAW OFFICES
SNELOAKER.
BRENNEMAN
& SPARE
EXHIBIT A
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Commonwealth of Pennsylvania, County of Dauphin) as
Michael Morrow being duly sworn according to law, deposes and says:
That he is the Assistant Controller of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania, with Its principal office and place of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and
THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street,
in the City. County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established
March 41h, 1854, and September 181h, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto Is exactly as printed and published In
their regular dally and/or Sunday and Metro editionsAssuos which appeared on the 3rd day(s) of August 1999. That
neither he nor said Company Is Interested In the subject matter of said printed notice or advertising, and that all of
the allegations of this statement as to the time, place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verity this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds In and for said County of au hln in Mi cellaneous Book 'M*,
Volume 14, Page 317. 1 X 1-7, _
PUBLICATION
i
COPY Sworn t day Augu 99 A.D.
Nobnal s=Terry 1.
Harnsburg, Daup
My Commission Expires une6,2oo2 ARY PUBLIC
Member, PennsyNama Assoc . eorafm ion expires June 6, 2002
SHIREMANSTOWN BOROUGH
ATTN: JUDITH BYRA
ONE PARK LANE
SHIREMANSTOWN, PA. 17011
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates $ 456.19
Probating same Notary Fee(s) $ 1.50
Total $ 457.69
Publisher's Receipt for Advertising Cost
THE PATRIOT-NEWS CO., publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid. THE PATRIOT-NEWS CO.
By .................
EXHIBIT B
COPY
BOROUGH OF SHIREMANSTOWN
CUMBERLAND COUNTY, PENNSYLVANIA
ORDINANCE NO,?D
AN ORDINANCE OF THE BOROUGH OF SHIREMANSTOWN, CUMBERLAND
COUNTY, PENNSYLVANIA, PURSUANT TO THE PROVISIONS OF THE
INTERGOVERNMENTAL COOPERATION ACT PROVIDING FOR ENTERING INTO
A JOINT AGREEMENT WITH THE BOROUGH OF NEW CUMBERLAND AND THE
TOWNSHIP OF LOWER ALLEN FOR THE CREATION AND OPERATION OF THE
CUMBERLAND METRO POLICE DEPARTMENT, THE ESTABLISHMENT OF A
REGIONAL POLICE COMMISSION, THE ORGANIZATIONAL STRUCTURE OF THE
COMMISSION, THE OWNERSHIP OF PROPERTY, THE MANNER OF THE
ASSESSMENT OF COST OF THE POLICE DEPARTMENT AND OTHER FINANCIAL,
BUDGETARY, JURISDICTIONAL, PENSION AND MISCELLANEOUS
ADMINISTRATIVE MATTERS.
WHEREAS, Shiremanstown Borough, the Township of Lower Allen and New Cumberland
Borough desire to enter into an agreement providing for mutual police protection within each of their
respective municipal boundaries by creating a joint police force called The Cumberland Metro Police
Department; and
WHEREAS, such an Agreement is authorized by the Intergovernmental Cooperation Act of July
12, 1972, No. 180, as amended by Act of October 9, 1986, No. 137 (53 P.S. §481, et seq.), and the
Borough Code Act of February I, 1966, No. 581 (53 P.S. §46202) as amended; and
WHEREAS, the Intergovernmental Cooperation Act provides that the municipality shall adopt an
Ordinance authorizing the governing body to enter into an intergovernmental agreement as may be
deemed appropriate for such purposes.
NOW THEREFORE, be it enacted and ordained by the Borough of Shiremanstown in Council
Assembled and is hereby enacted and ordained by the authority the same as follows:
Section 1. The Borough of Shiremanstown is hereby authorized to join with the Township of
Lower Allen and the Borough of New Cumberland in accordance with the Pennsylvania
Intergovernmental Cooperation Act of July 12, 1972, No. 180, as amended, (53 P.S. §481, et seq.), by
entering into an Agreement with said Municipalities to provide for mutual police protection within the
municipal limits of each Municipalities, which Agreement shall be adopted by resolution of the Borough
Council of Shiremanstown with the same effect as if it had been set forth verbatim in this section and a
copy of which shall be Cited with the minutes of the meeting at which said Agreement is adopted.
EXHIBIT C
COPY
Section 2. The new police department shall be organized as an unincorporated association and
shall be known as the Cumberland Metro Police Department which shall have a perpetual existence,
unless terminated sooner in accordance with the terms of the Agreement or by an ordinance of the
Borough of Shiremanstown.
Section 3. The Borough Council Shiremanstown hereby expressly delegates to the
Cumberland Metro Police Department all those powers and duties of a police department established
pursuant to the Borough Code, Act of February 1, 1966 (1965 P.L. 1656, No. 581) as amended, 53 P.3.
§46121, et seq. The Cumberland Metro Police Department shall establish and operate a police
department for the purpose of providing protection to persons and properties and the enforcementof the
laws and ordinances of the respective municipalities within the corporate boundaries of Shiremanstown
Borough, Township of Lower Allen and New Cumberland Borough. The purpose and objective of the
Agreement are to provide broader and more comprehensive police protection and law enforcement
services on a more economical basis within the municipal limits of the respective municipalities by
consolidation of their separate police departments into a new joint police department.
Section 4. The Cumberland Metro Police Department is to be financed by annual
appropriations made by each participating municipality towards such total costs in the manner and subject
to the conditions as set forth in the Agreement.
Section 5. The Cumberland Metro Police Department is to be under the supervision and
control of a joint commission to be known as the Cumberland Metro Police Commission consisting of
two (2) appointees of each municipality and a seventh member to be rotated and appointed from the three
(3) municipalities in accordance with the terms of the Agreement.
Section 6. The Agreement shall provide that all the existing property and equipment of each
police department shall be contributed or transferred to the Cumberland Metro Police Commission.
Thereafter all new purchases of property and equipment are to be made and disposed of as provided in
said Agreement.
Section 7. The Cumberland Metro Police Department Commission created pursuant to this
ordinance shall be empowered to enter into contracts for the purchase of property equipment, material and
supplies and shall be authorized to enter into contracts for policies of group insurance, employee benefits,
including social security and pensions for its employees subject to the budgetary restrictions, statutory
provisions and other provisions contained in said Agreement and shall have such additional powers and
authority as are provided for in the said Agreement and are not otherwise contrary to the laws of the
Commonwealth of Pennsylvania.
Section 8. Upon the effective date of the Agreement authorized by this Ordinance or at such
time as the Cumberland Metro Police Department becomes operative as set forth in said Agreement,
whichever shall occur later, the existing Shiremanstown Borough Police Department created pursuant to
the Ordinances of the Borough of Shiremanstown, is abolished and terminated and shall cease to exist as a
separate police department.
COPY
Section 9. All ordinances and parts of ordinances inconsistent herewith be and the same are
hereby repealed.
ENACTED this 11day of k4ds t? .1999.
BOROUGH OF SHIREMANSTOWN
ATTEST:
dith/FX Byra, S erdary??-
APPROVED this
BY: ?.
,'Jack E. Lange, Presid
day of .1999.
Dean Lebo, Mayor
Li? 4-t
RESOLUTION _CL, 23 COPY
WHEREAS the Council of the Borough of Shiremanstown enacted Ordinance No. 330
at its meeting of August 16, 1999; and
WHEREAS the said ordinance was reenacted by the Borough Council on this date; and
WHEREAS the said ordinance provides in Section one (1) that an Agreement
establishing the regional police department is to be approved by the Borough Council and
adopted by resolution; and
WHEREAS the attached agreement entitled Intergovernmental Cooperation Agreement
establishing Regional Police Department has been presented to the Borough Council for
approval,
NOW THEREFORE, BE IT RESOLVED by the Borough of Shiremanstown, in
Council Assembled as follows;
I. The attached Agreement entitled Intergovernmental Cooperation Agreement
Establishing Regional Police Department is hereby approved.
2. The President and Secretary are authorized and directed to execute the said
agreement on behalf of the Borough.
3. Any changes or amendments to the Agreement shall be subject to approval of the
Borough Council by motion or resolution at a duly scheduled meeting.
Resolved this 1370 'day of September, 1999.
Attest: Borough of Shiremanstown
7
JJ
Se ,V.cy?? kcLr?u G"? v L.S.
re Presi ent
EXHIBIT D
INTERGOVERNMENTAL COOPERATION AGREEMENT
ESTABLISHING REGIONAL POLICE DEPARTMENT
Revised: 3.7099
THIS AGREEMENT, made on the day of , by and
among the Borough of Shiremanstown, Cumberland County, Pennsylvania, aborough existing under
the laws of the Commonwealth of Pennsylvania, the Township of Lower Allen, Cumberland County,
Pennsylvania, a first class township existing under the laws of the Commonwealth of Pennsylvania,
and the Borough ofNew Cumberland, Cumberland County, Pennsylvania, aborough existing under
the laws of the Commonwealth of Pennsylvania, hereinafter collectively referred to as "the parties"
or the "Municipalities".
WITNFSSETH:
WHEREAS, the parties desire collectively to associate themselves together in and by virtue
of this Agreement to create a regional police department and a commission to operate and govern
the department; and
WHEREAS, each of the parties acknowledge increasing population mobility and a
concomitant increase in public safety problems tending to obliterate municipal boundaries in the
enforcement of laws of the Commonwealth of Pennsylvania and the ordinances of the several
Municipalities; and
WHEREAS, there is an urgent need for uniformity and continuity in the enforcement of the
laws of the Commonwealth of Pennsylvania and the ordinances of the several Municipalities; and
WHEREAS, the parties currently operate their own independent police departments; and
WHEREAS, coordination and integration of the exercise and discharge of the police powers
in the Municipalities party to this agreement can be improved and made more cost effective by the
establishment of a regional police department; and
WHEREAS, the governing bodies of the Township of Lower Allen, the Borough of New
Cumberland, and the Borough of Shiremanstown have, by appropriate ordinances, manifested a
genuine interest in safer communities through improved regional police service; and
WHEREAS, the parties have determined that the provision of police service across municipal
lines will increase their ability to preserve and protect the public safety and welfare of all the
residents of the entire area; and
EXHIBIT E
WHEREAS, the duly elected public officials of the parties desire a full and complete
police program that contains the components of adequate police service; and
WHEREAS, it is the desire of the parties to enter into this Agreement for the purpose of
having available for use throughout the territorial limits of all participating Municipalities a
regional police force under the terms and conditions hereinafter set forth; and
WHEREAS, cooperation among these adjoining and adjacent Municipalities is a proper
exercise and discharge of their governmental powers, duties and functions; and
WHEREAS, the parties enter into this Agreement pursuant to Article 9, Section 5, of the
Pennsylvania Constitution and Act commonly known as the "Intergovernmental Cooperation
Act", 53 Pa. C.S.A., Section 2301 et. Seq.
NOW, THEREFORE, for and in consideration of the mutual promises hereinafter
contained, the parties, intending to be legally bound, agree as follows:
ARTICLE I
FORMATION OF REGIONAL POLICE DEPARTMENT
AND POLICE COMMISSION
SECTION A. Agreement to Cooperate. Pursuant to 53 Pa. C.S.A. Section 2301 et. Seq.,
the parties agree to cooperate and associate themselves together for the purpose of creating a
regional police system.
_ of Department, The parties also agree to the formation of a
SECTION B. Formation
regional police department to be known as the Cumberland Metro Police Department
("Department").
SECTION C. Formation of Commission, The Department shall be under the direction
and control of a joint board to be known as the Cumberland Metro Police Commission
("Commission"), which shall consist and be comprised of representatives appointed by the
Municipalities in accordance with Article 111 of this Agreement.
SECTION D. Start Dn a The Commission shall be formed and organized upon
execution of this Agreement by the Municipalities. The Department shall begin operations at
12:01 a.m. on January 1, 2000 ("start date").
.2-
ARTICLE II
POLICE DISTRICT BOUNDARIES
SECTION A. Regional Police District. All mutual municipal boundaries of the parties
shall be obliterated for the purpose of police service so that a single police district comprising the
total geographic area encompassed within the collective political boundaries of the
Municipalities is established, hereafter to be known as the Regional Police District ("Police
District"). The Police District may be expanded, or other districts may be created, to encompass
or include areas within other municipalities that become part of the Department and join or
purchase services from the Commission. The Police District shall be the "primary jurisdiction",
as that term is defined and used in law, of all officers in the Department.
SECTION B. Authority to Provide Police Services. Subject to the terms of this
Agreement and the limitation set forth in Section C, the Municipalities hereby transfer and
delegate to the Commission their authority to provide police service in the Police District as of
the start date of the Department.
SECTION C. Retention of Police Powers. Officers in the Department shall have full
municipal police jurisdiction and authority. Nothing in this Article or any other provision of this
Agreement shall be construed as divesting officers employed by the Department of extra-
territorial jurisdiction or authority conferred by law or agreement.
The Commission shall furnish to each of the Municipalities the name of all police
officers, and full time community service officers of the Department for the purpose of
deputization of such officer as police officer and community service officer of all Municipalities
appointing such police officer and community service officer. The Municipalities shall so
deputize the police officer and community service officer.
ARTICLE III
REGIONAL POLICE COMMISSION
SECTION A. Commission. The Commission shall have the responsibility and authority
to govem, manage, operate, and administer the Department and provide police services in
accordance with this Agreement and applicable law. The Department and its officers and
employees shall be under the direction, control, and general supervision of the Commission.
SECTION B. e re e tat'v The Commission shall consist of, and shall act, conduct
business, and carry out or exercise its delegated powers, duties, responsibilities, and authority
through a joint board of representatives appointed by the Municipalities. The Commission shall
consist of seven (7) representatives. Each Municipality shall appoint two (2) representatives. An
"at large" representative shall be nominated by one of the Municipalities. The "at large" member
must be approved by majority vote of the six (6) representatives approved by the Municipalities.
-3.
The first "at large" representative to be appointed shall be recommended by the Borough of
Shiremanstown, followed by Lower Allen Township and then the Borough of New Cumberland.
If additional municipalities become part of the Department and join the Commission, then each
joining Municipality shall have such representation on the Commission as negotiated and
designated by the existing Commission.
SECTION C. Terms and Appointments. Representatives shall serve a term of three 4:?)
years, except for the terms of persons initially appointed, which shall be staggered so that the
terms begin on the date of appointment and expire one (1) year, two (2) years, and three (3) years,
respectively, from the start date of the Department. The term of the "at large" representative shall
be three (3) years. Initial appointments shall be made within thirty (30) days of the date of the
execution of this Agreement by the Municipalities. Thereafter, appointments by the parties of
their representatives shall be made during and become effective as of the first municipal meeting
of each calendar year. After expiration of their terms, representatives shall continue to serve
until a successor is appointed.
SECTION D. Oualifications. Each representative shall be a full-time resident or full-
time employee of the Municipality by which the representative was appointed. At least one (1)
representative of each party shall be an elected official of the Municipality. The at large member
shall be a full time resident of the police district.
SECTION E. Removal, Each representative shall be subject to removal, after due notice,
and after a hearing with an opportunity to be heard, by a majority vote of the governing body of
the appointing municipality, in the following circumstances:
Just Cause. Any representative may be removed for just cause.
2. Failure to Attend Meetings. Any representative who fails to attend three (3)
consecutive meetings, of six (6) meetings in any twelve (12) month period,
without reasonable cause or excuse, may be removed.
3. Termination of Residency. Any representative who ceases to be a full-time
resident or full-time employee of the appointment municipality or the police
district may be removed.
SECTION F. Vacancies. Each Municipality shall appoint a successor to the unexpired
term of any of its representatives in the event of a vacancy or resignation.
SECTION G. Officers and Committees. Officers of the Commission shall be a
Chairman, Vice-chairman, Secretary, Treasurer, and such other officers as the Commission may
deem necessary. The Commission may establish or organize itself into such committees as it
sees fit to cant' out its duties.
-4.
SECTION H. Rules. The Commission shall adopt or promulgate written rules and
policies to govern its operation, establish procedures for the conduct of its meetings, and
prescribe the duties of its members and officers.
ARTICLE IV
MEETINGS
SECTION A. Regular Meetings, The Commission shall meet at least monthly for the
purpose of conducting the business of the Commission and may meet at such other times as it
deems necessary. Meetings shall be scheduled and conducted in compliance with the "Sunshine
Act". 65 P.S. Section 271 et. Seq., as amended from time to time. The first meeting of each year
shall be the annual reorganization meeting for the purpose of electing officers for a one (1) year
term and conducting annual reorganization business.
SECTION B. Soecial Meetings. Special or rescheduled regular meetings may be called
by the chairman or vice chairman and shall be called at the written request of any five (5) or more
members of the Commission. The call and the request, if any, shall state the purpose of the
meeting. The meeting shall be held at such date, time, and place as shall be given in written
notice at least three (3) days prior to the day named for the meeting to each member of the
Commission who does not waive such notice in writing. All such waivers shall be in writing.
SECTION C. Ouorum. Voting Each Commission member shall have one (1) vote. A
majority of the members of the Commission shall be necessary to constitute a quorum for the
transaction of business, and the acts of a majority of the members present at a meeting at which a
quorum is present shall be the action of the Commission. Voting on all questions shall be taken
by a show of hands or voice vote, provided, however, that the chairman may on the chair's own
motion, or shall, at the request of any member, cause a vote to be taken by roll call.
SECTION D. Minutes, The Commission shall maintain accurate Records and minutes of
all regular and special meetings. Once approved, such minutes shall, at reasonable times, be
open for inspection in accordance with the provisions of the Right-to-Know Act, 65 P.S. Section
66.1 et. seq.
ARTICLE V
COST ASSESSMENT
SECTION A. Funding, The Department and Commission shall be funded primarily
through annual assessed contributions from the Municipalities, initial assessments to new
members, and supplemental funding as may be available from time to time from local, state,
federal, and other sources.
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SECTION B. Aooortionment Formula. Annual assessed contributions for Municipalities
shall be determined by the Commission based on the total net cost for providing police services
pursuant to the apportionment formula set forth in this Section B.
A. Cost Sharing. All costs for providing police service, including, without limitation,
administrative costs, employee payroll and benefits, vehicle and headquarter
operating expenses, and other costs for operating the Commission and Department
shall be apportioned to each Municipality as follows:
a. Building Costs. If the Municipalities and/or Commission enter into a
lease-purchase agreement or acquire and improve real estate for the
Central Headquarters of the Department, then the building costs, as that
term is hereafter defined, shall be apportioned between the parties as
follows: Lower Allen Township, 69.81%, New Cumberland Borough,
25.77%, and Shiremanstown Borough, 4.42%. If a municipality desires a
"satellite office" in its municipality, then the cost of that facility shall be
apportioned to that municipality.
b. Operational Costs. Operational costs, as that term is hereafter defined (or,
if the preceding section is inapplicable because the parties neither acquire
real estate nor enter into a lease purchase, then all costs), shall be
apportioned using a formula based on the number of incidents. During the
first three (3) years of operation, the percentage of contribution each
municipality shall be as follows: Lower Allen Township, 69.81%, New
Cumberland Borough, 25.77%, and Shiremanstown Borough, 4.42%.
1. Definitions.
a. Incidents.
(1) Definition. The term "incident", shall mean a matter or service
that results in at least two (2) of the following:
(a) a police response;
(b) a written report; or
(c) the assignment of a case number.
The Chief shall have the responsibility to track and tally incidents
occurring in each municipality and shall report the number of incidents on a
monthly, quarterly, and yearly basis to the Commission. This definition shall be
used unless and until modified in accordance with subparagraph (2) below.
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(2) Review and Modification. The definition of"incident" shall be
reviewed every three (3) years and may be reviewed earlier at the
written request of any municipality. For the triennial reviews, each
municipality shall provide written notice of its acceptance or desire
to amend the definition then being used. If modification is
requested, the notice shall include a statement of the desired
amendment. Similarly, a request to review shall include the
modification desired by the requesting party. When modification
is requested, the parties shall meet with the Commission and Chief
in an attempt to negotiate an amended definition. If the parties
cannot unanimously agree on a revised definition, the definition
will be determined by the Pennsylvania Department of Community
and Economic Development, Center for Local Government
Services ("DCED"). It is the intent of the Municipalities that any
revised or modified definition fairly reflect the amount of police
activity necessary in each municipality to adequately provide the
police services required by the Agreement.
A new or modified definition may only be applied prospectively at
the beginning of a fiscal year and may not be implemented during
any budget year in which a prior definition is already being used.
(3) @ppl'ca ' n For the purpose of determining the number of
incidents and the percentages derived therefrom, shall all be
calculated by averaging the number of incidents in each
municipality for the three years immediately preceding the year in
which the formula will be used to apportion costs. In the first year,
the number of incidents shall be the number of incidents listed in
the feasibility report previously prepared for the Municipalities by
DCED. Thereafter, a running average will be used until a three-
year history is available.
b. Building Costs, The tern "building costs", as used in the formula, shall
mean and include only:
(1) original costs incurred by the Commission and the Municipalities
in the acquisition of real estate for and/or the construction or
renovation of the initial Central Headquarters of the Department;
and
(2) if the Municipalities and/or the Commission enter into a lease-
purchase agreement for the Central Headquarters, then all rental
and purchase payments under the agreement.
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The term does not include payments made under a lease that does not
constitute a lease-purchase agreement and shall not include maintenance,
utility, and insurance costs. These costs constitute "operational" costs as
that term is defined below.
C. Onemtional Costs. The term "operational costs", as used in the formula,
means all costs of operating the Commission and Department that are not
"building costs" as that term is defined above.
SECTION C. New Member Admission Fee. Any new member joining the Commission
and Department shall be required to pay to the Commission a non-refundable admission fee in an
amount determined by the Commission. Said fee must be paid by a new member before its
membership becomes effective.
ARTICLE VI
FINANCES
SECTION A. Budget. The budget for each calendar year shall be prepared, submitted,
approved, and adopted in accordance with the provisions of this section.
I. Budget Submission. Each year, the Commission shall prepare and approve, by a
majority vote, a proposed annual budget. The Budget shall be submitted to the
Municipalities for consideration and approval no later than September 1 of the
year immediately preceding the fiscal year for which the budget is proposed.
2. Municipal Approvals. By November 1, each municipality shall provide written
notice to the Commission and all other parties of its approval or disapproval of the
proposed budget. Notice of disapproval shall state with particularity the reasons
for disapproval and identify the line-items and other portions of the budget with
which the Municipality disagrees. A municipality that fails to give written notice
of approval or disapproval by November 1 shall be deemed to have approved the
proposed budget.
3. Adoption. Aftcr notices arc given or approvals are deemed, the adoption process
shall be as follows:
Approval by All Municipalities. If all Municipalities approve the
proposed budget, then the Commission shall adopt the budget as submitted
and approved.
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2. Approval by One or Two Municipalities. If at least one, but not all of the
Municipalities approve the proposed budget, then any party may request a
budget meeting by sending a written request to the Commission and all
other Municipalities no later than October I5. If a request is sent, the
Commission and the Municipalities shall meet at least once, and may hold
as many additional sessions as they may agree; provided, however, that all
meetings must be concluded by November 15.
(1) Revisions, If meetings are held and result in a revised budget that
is approved by all Municipalities, the Commission shall adopt the
budget as revised and unanimously approved.
(2) No Meeting or Aareemcnt on Revisions. If no request to meet is
sent, or if meetings do not result in a revised budget that receives
unanimous approval, the Commission shall adopt the proposed
budget subject to the following limitations:
(a) if two Municipalities approved the proposed budget, the
final budget shall not exceed an amount equal to sum of
i. the prior year's budget, plus
ii. five (5%) percent for non-salary items, plus
iii. increases required by the police collective
bargaining unit agreement for the fiscal year in
which the budget will be implemented.
(b) if only one Municipality approves the proposed budget, the
final budget shall not exceed an amount equal to sum of
i. the prior year's budget, plus
ii. Thrcc (3%) percent for non-salary items, plus
iii, increases required by the police collective
bargaining unit agreement for the fiscal year in
which the budget will be implemented.
3. Z1 Municipal Approvals. If no Municipality approves the proposed
budget, then the Commission shall submit a revised budget by November
15. At or before its first municipal meeting in December, each
Municipality shall send written notice to the Commission and all other
parties of its approval or disapproval of the revised budget. If at least one
Municipality approves the budget, then the budget shall be adopted in
accordance with the provisions of paragraphs 3a, or 3b(2)(a), or 3b(2)(b)
of this Section. If no Municipality approves the revised budget, the parties
received and agreement is not reached by December 31, the budget shall
be deemed to be an amount equal to the prior year's budget plus increases
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4. Adoption Deadline. In all cases, the Commission shall adopt the budget no later than
December 31, of the year immediately preceding the fiscal year in which the budget
will be implemented.
5. Building Costs" as that term is defined and used in Articles V and X, shall not be
paid from the budget. Each Municipality shall be individually responsible for its
share of the "building costs" and shall make its payments relating to building costs
directly to the person or entity to whom the payment are owed. These costs shall be
apportioned between the parties as follows: Lower Allen Township, 69.81%, New
Cumberland Borough, 25.77%, and Shiremanstown Borough, 4.42%. If for
auditing, accounting, or other official purposes, building costs are required to be
shown in the Commission's budget and reports, the building costs shall be listed in
a separate category and, if necessary, a note stating that the costs are paid by the
Municipalities shall be added.
SECTION B. Payments to Commission. Each municipality shall pay to the Commission
proportionate shares of the annual budget appropriations monthly on the first day of each month for
the year. A penalty fee of 1.50% per month (10% annually) shall be imposed upon the monthly
payment of any municipality whose payment is not received the Commission by the tenth day of the
month.
SECTION C. &ca Year, The fiscal year of the Department shall be January l through
December 31.
SECTION D. Bank Degosits. All monies of the Commission or Department, from whatever
source derived, shall be paid to die Treasurer of the Commission. Said monies shall be deposited
by the Treasurer in a separate account in a bank located in the Police District. Monies shall be
invested in accordance with Commission Policy, pending disbursement for services. The account,
to the extent the same is not insured, shall be continuously secured by a pledge of direct obligations
ofthe United States, the Commonwealth of Pennsylvania, or the Municipalities, having an aggregate
market value at all times at least equal to the balance on deposit on such an account. The monies
in said account shall be paid out on the warrant or other order of the Treasurer, or of such other
person as the Commission may authorize to execute such warrants or orders. The Treasurer shall
give bond in such sum as approved by the Commission, and the premiums shall be paid by the
Commission.
SECTION E. Annual Report. Audit. By April 15 of each year, the Commission shall file
an annual written report with the Municipalities covering its operations and the police work of the
Department. At minimum, the report shall summarize the activities of the Department, note any
crime trends, set forth by municipality and initial the number and types of incidents and any trends
related thereto, make recommendations for improving police service, and propose capital
improvements, expenditures, and manpower allocations for subsequent years. The Commission shall
have its books, accounts, and records audited annually by a Certified Public Accountant. A copy of
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the audit report shall be attached to, and be made a part of, the annual report. A concise financial
statement shall be publicized annually, at least once, in a newspaper of general circulation in the
participating Municipalities. If the Commission fails to make such an audit, then the auditors or
accountants designated by any one or all of the participating Municipalities shall be authorized from
time to time to examine the books of the Commission and Department, including their receipts,
disbursements, sinking funds, investments, and any other matters relating to their financing and
affairs. The Attorney General and also Auditor General of the Commonwealth of Pennsylvania shall
have the right to examine the financial books, accounts, and records of the Commission.
SECTION F. Monthly and Quarterly Reports. The Commission shall submit monthly
reports to the Municipalities. The form and content of the reports shall be developed by the
Commission subject to approval by the Municipalities. At minimum, the reports shall summarize
the activities of the Department and list, by Municipality, the number of incidents (as defined in
Article V, Section B) occurring in each Municipality during the month. The Commission shall also
submit to the Municipalities quarterly budget reports and financial summaries.
SECTION G. Revenues and Fund Balance. Monies collected for fines, parking fines and
traffic violations will be forwarded to the individual Municipalities in whose jurisdiction the
finestviolations occurred. These monies shall be considered Commission revenues and used to
reduce the assessments for the Municipalities for which they were collected. Regional police
revenue will include charges for fingerprinting, sale of accident reports, and private donations. The
Commission will apply for all available federal and state grants, including FAST Cops, D.A.R.E.,
and Regional Police Assistance grants.
Department reimbursements will include Drug Task Force, Attorney General Special
Operations, County DUI Checkpoints, and Heart and Lung.
A operating reserve fund balance of approximately one month's expenditures will be built
up over a five year period to aid in covering unanticipated expenditures.
A Capital Improvement Fund of at least 5%ofyearly expenditures will be built up over a live
(5) year period and maintained thereafter.
SECTIONH. StartuoCosts, Startup costs consisting of legal fees, building costs, arbitration
and all other costs necessary to begin operations will be shared on a percentage basis by the
Municipalities as follows: Lower Allen Township, 69.81%, New Cumberland Borough, 25.77°/x,
and Shiremanstown Borough, 4.42%.
ARTICLE VII
JURISDICTION AND POWER
SECTION A. Rcsoonsibility. Jurisdiction. and Authority. The Commission shall have the
responsibility, jurisdiction, and authority to supervise and direct all police activities of the
Department and shall provide police services as required in the Police District. The services shall
include, without limitation, investigation of all crimes and complaints, enforcement of laws and
ordinances, and all other law enforcement services that are normally provided by a municipal police
agency or are necessary to preserve the peace.
SECTION B. Supervision, The Department's swom police officers and civilian personnel
shall be under the direct supervision of a regional Chief who shall be the Department's highest
ranking officer. The Chief shall report and be responsible to the Commission.
SECTION C. Personnel Policies. All appointments, removals, promotions, and suspensions
shall be made by the Commission pursuant to uniform policies established by the Commission. The
Commission shall make uniform policies on wages, hours, and conditions and terms of employment
and other matters relating to effective police service, consistent with the laws of the Commonwealth
of Pennsylvania and Civil Service Rules and Regulations. The Commission shall adopt a written
personnel policy covering all the sections of this Article and make same available for distribution
to the parties to this Agreement.
SECTION D. Powers, The Commission shall have the responsibility, for and jurisdiction
to perform all, actions customaryand appropriate to provide police services to the Municipalides and
Police District in accordance with this Agreement and applicable law. In order to carry out these
responsibilities, the Municipalities, subject to the terms of this Agreement, grant and delegate to the
Commission the functions, powers, and responsibilities they have with respect to the operation,
management, and administration of a municipal police department as well as the express authority
to:
1. lease, sell, or purchase real estate, subject to the unanimous approval of the
municipalities;
2. lease, sell, or purchase personal property;
3. enter into contracts for purchase of goods and services, and collective bargaining
agreements;
4. hire, fire, suspend, promote, demote, discipline, set salaries and otherwise deal with
employees;
5. serve as a hearing body;
6. establish and maintain bank accounts and other financial accounts;
7, invest monies;
8. borrow monies;
9. establish, enter into contracts for, and fund policies of group insurance and employee
benefit programs, including social security and pension funds;
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10. delegate any of its powers, expressed or implied, to the Police Chief or his next in
command, in the discretion of the Commission;
11. obtain legal, accounting and other professional services;
12. bargain with police officers; and
13. swear-in officers and cause oaths of office to be administered.
In addition, the Commission shall have the authority necessarily implied and incidental to
carrying out its purposes in providing police services and protection to the Police Department.
SECTION E. Codes and Laws.
1. Intergovernmental Cooperation Act. The Commission shall be bound by the
provisions of the "Intergovernmental Cooperation Act", 53 Pa. C.S.A. Section 2301
et. Seq., and the terms of this Agreement, which is entered into under authority of the
Act.
2. Govemina Law. The Commission shall be bound by the provisions of all laws, both
state and federal, which arc applicable to the employment of police officers in
Boroughs and First Class Townships, and shall retain any and all defense with
respect thereto granted or created by statute, case law, or common law. The
Commission shall specifically be bound by the Civil Service Provisions of the First
Class Township Code. Notwithstanding any other provision of this Agreement, any
modification to this Section shall only be made in accordance with such laws. The
Cumberland Metro Police Commission shall abide by the provisions of 2 Pa. C.S.A.
101 et seq., commonly known as the Local Agency Law.
Records Documents and Meetines. The Commission shall be bound by the general
laws relating to public records, documents, meetings, and hearings that are applicable
to the Municipalities, including the "Sunshine Act", 65 P.S. Section 271 et. seq., the
Pennsylvania Right-to-Know-Act, 65 P.S. Section 66.1 et. seq., and the Local
Agency Law, 2 Pa. C.S.A. Section 101 et. scq.
ARTICLE VIII
PENSIONS
SECTION A. Pension Fund. Each Municipality will transfer their uniform and non-uniform
pension plan assets for employees which transfer to the Department into a combined plan and will
remain liable for any unfunded liability portion of their individual plan(s). In addition, on a yearly
basis each municipality will request state aid for their prorata share of the annual minimum
municipal obligation. The Department may exercise the option to lease non-uniform employees
from participating municipalities.
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The timing, method, and procedure for the merger and creation of the regional pension
system shall be accomplished in accordance with a plan developed by the actuary consultant and
other pension experts hired by the Commission and under applicable law. The Municipalities agree
to cooperate with each other and the Commission in the creation of the regional pension plan and
to execute any documents and adopt any ordinances that may be necessary to create the newplan and
achieve the purpose and intent of this Article.
Upon creation of the new regional pension plan and transfer of assets and liabilities, the
Commission shall assume full responsibility for the accrued pension liability attributable to its
officers who, as of December 31, 1999, had been police officers and non-uniformed employees
employed by one of the Municipalities. The Commission shall indemnify and hold harmless the
Municipalities from any and all claims made against them by any police officer, their heirs,
executors, and administrators based on said accrued pension liability.
The funds from the Foreign Casualty and Insurance Company (Act 205,1984, P.L. 1005, 53
PS Sec. 895.101 et. seq., or any other act subsequently enacted) distributed to the Municipalities by
the Commonwealth of Pennsylvania may be forwarded by the Municipalities for the purposes
authorized under such act governing the operation of the police pension funds, the amount credited
against proportionate shares of total costs to be paid by the Municipalities, to the extent that the
police pension fund is fully funded.
SECTION B. Dj;.solution, In the event of dissolution, pension assets shall, to the extent
permitted by applicable law, be distributed as follows:
1. Accrued Liability. A municipality hiring officers who, at the time of dissolution,
were members of the Department and participants in the regional pension plan shall
assume full responsibility for the accrued pension liability attributable to such
officers. The commission shall turn over to that Municipality from the regional
pension plan a sum sufficient to fund the accrued liability assumed by the
municipality. The amount tendered shall be used to fund the assumed pension
liability of officers hired and for no other purpose. Upon the assumption of accrued
pension liability, the municipality receiving funds shall indemnify and hold harmless
the Commission from any and all claims made against them by any police officer,
their heirs, executors, and administrators based on said accrued pension liability.
2. Unencumbered Funds, The Commission shall distribute remaining unencumbered
assets of the regional pension fund, or any portion thereof which the Commission is
permitted by law to transfer, to the Municipalities in the same proportion that the
Municipalities contributed assets to the regional plan at the time it was created.
Provided, however, that before such distribution may be made, each Municipality
hiring former regional police officers and plan participants shall first receive a sum
sufficient to fund the accrued liability it has assumed for such officers. This
distribution of pension funds under this subparagraph shall be determined solely by
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the actuarial consultant for the regional pension plan at the time of dissolution.
ARTICLE IX
CONTRIBUTION OF PROPERTY AND EQUIPMENT
All police equipment, materials, and supplies of the parties' existing municipal police
departments, including, but not limited to, vehicles, weapons, computers, communications
equipment, furniture, and other personal property (hereinafter "property'), which are useful to the
regional operation, shall be inventoried and offered to the Commission. Each municipality shall
submit a list of its property to the Commission. The Commission shall decide which property it
desires to utilize and said items shall be transferred by the Municipalities to the Commission for use
by the Department effective January 1, 2000. Items transferred shall become the property of the
Commission and shall be conveyed "as is". Items transferred shall be listed and recorded at fair
market value, based on current prices in this region for like property. The Municipalities shall agree
on the value of items transferred. If the Municipalities cannot agree, then the values shall be
determined byqualifredappraisers selected bytheCommission. The Commission shall provide each
municipality with a complete list of all items transferred and their recorded values.
ARTICLE X
POLICE HEADQUARTERS AND REAL ESTATE
SECTION A. Location, The regional police headquarters ("Central Headquarters") shall be
located within the Police District as determined by the Municipalities and the Commission.
SECTION B. Agreement to Provide Headquarters. The parties shall lease, purchase,
construct, or renovate a suitable Central Headquarters for the Commission and Department. The
cost, type of interest acquired, and the nature and language of agreements entered into with third
parties shall be determined by unanimous agreement of all Municipalities. With respect to the type
of interest acquired, the following shall apply:
Purchase of Real Estate. If the Municipalities purchase real estate and construct or
renovate the Central Headquarters, then:
a. Ownership. The Municipalities shall each own their percentage interest in
the real estate. The parties hereby waive any right or remedy they have as co-
tenants to partition or divide the property, seek equitable or legal rent from
each other, or assert any similar remedy, and in substitution of remedies
otherwise available at law or in equity agree that the withdrawal and
dissolution provisions of Articles XVII and XVlll shall be their sole and
exclusive remedies against each other as co-tenants. The deed under which
the Municipalities hold title shall state that the parties' respective interests in
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4
the real estate are subject to the terms and conditions of this Agreement. On
withdrawal, the withdrawing Municipality shall cease to have any ownership
interest or right to use the Central Headquarters and shall deed its interest in
the property to the remaining municipalities. Other terms of withdrawal are
set forth in Article XVH. The Municipalities shall not mortgage, pledge, or
otherwise encumber the real estate or their respective interests in the real
estate.
b. Payment. The original cost to acquire, construct, renovate, or otherwise
improve the real estate that will be used as the initial Central Headquarters
shall constitute "building costs: as that term is used and defined in Articles
V and V1. Each Municipality shall be responsible for paying and providing
their percentage share of the total project cost for acquisition and
improvement, if any Municipality borrows money to pay its share of the cost,
the loan or other debt service shall be taken out or incurred only in the name
of the Municipality that is incurring the debt. Payment of individual loans or
other debt obligations shall be the sole responsibility of the Municipality
borrowing funds. The real estate comprising the Central Headquarters shall
not be mortgaged or pledged as security for any municipal loan or debt
obligation.
2. Lease Purchase. if the parties and/or Commission enter into a lease-purchase
agreement for the Central Headquarters, the Municipalities shall be named as and
deemed to be equal co-tenants. Payments under the lease-purchase agreement shall
constitute "building costs": as that term issued and defined in Articles V and VI.
Each Municipality shall pay and be responsible for their percentage share of all
payments under the agreement. If the parties acquire title to the property pursuant to
the terms of the lease-purchase agreement, then the jointownership provisions ofthis
Agreement shall apply. Any option that may be exercised prior to the end of the term
of the lease-purchase agreement shal l be exercised only by the unanimous agreement
of the Municipalities. On withdrawal, the withdrawing municipality's payment
obligations will become the obligation and responsibility of the remaining
Municipalities. The withdrawing municipality shall cease to have any interest in the
lease-purchase agreement and real estate and shall not be entitled to reimbursement
of any monies paid under the Icase-purchase agreement prior to withdrawal.
3. Lease. If the Municipalities enter into a lease that does not constitute a lease-
purchase agreement, then the lease or rental payments shall constitute "operational
costs" as that term is used and defined in Article V. The Municipalities shall be
equal co-tenants. On withdrawal, the withdrawing municipality shall remain
responsible for its share of lease or rental payments, in the same portion as its
funding assessment (as calculated pursuant to Article V) in the year of withdrawal,
for a period of two (2) years.
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3. Lease. If the Municipalities enter into a lease that does not constitute a lease-
purchase agreement, then the lease or rental payments shall constitute "operational
costs" as that term is used and defined in Article V. The Municipalities shall be
equal co-tenants. On withdrawal, the withdrawing municipality shall remain
responsible for its share of lease or rental payments, in the same portion as its
funding assessment (as calculated pursuant to Article V) in the year of
withdrawal, for a period of two (2) years.
SECTION C. Right to Use. No matter what type of interest is acquired in the
Central Headquarters, the Commission and Department shall have the right to use the Central
Headquarters for as long as the Commission and Department remain in existence. If the
municipality in which the Central Headquarters is located withdraws from the Commission and
Department, the Commission, Department, and remaining Municipalities shall have the right to
use and exercise police powers, authority, and jurisdiction at the Central Headquarters and on the
real estate on which the Central Headquarters is located. The withdrawing Municipality shall be
obligated to execute any documents and agreements and adopt any ordinances and resolutions
necessary to authorize the Commission and Department to exercise such police power,
jurisdiction, and authority within its jurisdiction.
ARTICLE XI
POLICE RECORD SYSTEM
Under the direction of the Commission, the Department shall establish and control a
complete and up-to-date uniform police record system after first assembling all records of the
existing Municipal police departments.
ARTICLE XII
INSURANCE AND IMMUNITY
SECTION A. Insurance. Waiver of Claims. The Commission shall maintain adequate
liability insurance coverage against claims arising out of the activities of the Commission and
Department. The Commission and Municipalities shall be named as named insureds on all
liability insurance policies. Each Municipality hereby waives any and all claims and causes of
action against the Commission and all other parties to this Agreement that may arise out of their
police activities or the activities of the Commission and Department. The Commission and the
Municipalities shall cause any insurance policy providing liability coverage against claims
arising out of their police activities to contain a waiver of subrogation clause or endorsement
under which the insurance company waives its right to subrogation against each party to this
Agreement as to any and all causes of action or claims that may arise out of police activities
hereunder.
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SECTION B. Immunity. The police services performed and the expenditures incurred
under this Agreement shall be deemed for public and governmental purposes, and all immunities
from liability enjoyed by each Municipality within its boundaries shall extend to it participation
and police service outside its boundaries. Similarly, as a matter reciprocal to the responsibilities,
duties, authority, and jurisdiction delegated under the Agreement, the Commission, the
Department, and their employees and officers shall have the same immunities from liability, the
same limitations on damages, and the same rights, protections, and benefits as the Municipalities
and officers in individual Municipal police departments have under all applicable laws.
SECTION C. Proportional Liability. For purposes of liability in actions arising out of
regional police services or the activities of the Commission and Department that are not covered
by insurance protection, the Municipalities shall be liable in the same proportion as their funding
assessment (calculated pursuant to Article V) in the year in which the event giving rise to
liability occurred. This provision does not and should not be construed as expanding the liability
of the Commission or the Municipalities. All immunities, limitations on liability and damages,
protections, and defenses under the laws of the United States and of the Commonwealth of
Pennsylvania shall apply and are expressly preserved.
ARTICLE XIII
JOINDER OF ADDITIONAL MUNICIPALITIES
SECTION A. New Members. Additional municipalities may become parties to this
Agreement upon application to and acceptance by the Commission, approval by all the
participating Municipalities, payment of the admission fee, and formal acceptance by the
applicant Municipality of the provisions of this Agreement, as amended, an all other governing
documents.
SECTION B. Sale of Police Services. The Commission may permit the purchase of
police services by nonparticipating Municipalities on terns established by the Commission.
ARTICLE XIV
ACCRUED LEAVE
Each Municipality shall be responsible for any accrued vacation and/or sick leave
payments, payments in lieu of health plan participation, etc., due to its police officers for service
with the Municipality through December 31, 1999. These payments shall be satisfied prior to the
start date of the Department, or the Municipality may have the option of banking such funds and
carrying over such payments.
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ARTICLE XV
INTERPRETATION OF AGREEMENT
SECTION A. Informal Dispute Resolution. All disputes arising out of interpretation of
this Agreement shall be resolved by the Commission, and if the dispute is not resolved within
thirty (30) days, then by a vote of the Municipalities, each body casting one vote as determined
by a majority in each governing body within the next thirty (30) days.
SECTION B. Judicial Dispute Resolution. The above non-binding, internal method of
dispute resolution shall be mandatory and shall be deemed a condition precedent before any
municipality may institute a suit or claim in any Pennsylvania court of competent jurisdiction, the
right to institute suit being expressly reserved by each party.
ARTICLE XVI
TERM
SECTION A. Term. The initial term of this Agreement shall be for a period
commencing with the execution of the Agreement through December 31, 2003. The Agreement
shall thereafter renew automatically from year to year subject to termination, or amendment, by
vote of two third (2/3) of the Municipalities, and in the event of termination, said two-thirds (2/3)
vote occurring at least one (1) year in advance of the effective date of termination.
SECTION B. Agreement Not to Withdraw. By accepting and signing this Agreement,
each party expresses its belief that a regional police department is in the best interest of the
member Municipalities. As a result, and because of the great amount of time, dedication, and
cost expended in the formation of the Commission and Department, the parties commit not to
withdraw or institute dissolution proceedings during the initial term of this Agreement.
ARTICLE XVII
WITHDRAWAL
SECTION A. Withdrawal, After the initial term of this Agreement, a Municipality may
withdraw from the Commission and participation in the Department by giving written notice of
its intent to withdraw, by certified mail, return receipt requested, to the Commission and all other
parties at least one (1) year prior to December 15 of the year preceding the year in which the
withdrawal is to be effective. If notice of a Municipal's intent to withdraw is timely sent, such
withdrawal shall be effective January I of the second following year.
-19-
SECTION B. Dissolution, The withdrawal of less than two-thirds (2/3) of the
participants at any given effective date shall not work a termination or dissolution of the
Commission and Department. In the event that a Municipality withdraws while there are only
two (2) Municipal participants, the withdrawal shall constitute a dissolution.
SECTION C. Payments and Obligations on Withdrawal
4. Costs of Withdrawal. The actual and identifiable costs of withdrawal, including
but not limited to appraisal, transfer, and recording costs, which are directly or
indirectly attributable to the withdrawal, shall be the responsibility of the
withdrawing municipality. The withdrawing municipality shall pay or reimburse
the costs directly to the Commission or may elect to have the costs deducted from
the amount it receives under paragraph 2 below.
5. Value of Contributed Property The withdrawing municipality shall receive, in
cash or in kind at the option of the Commission, an amount equal to the recorded
fair market value of the property it transferred and contributed to the Commission
in accordance with Article IX. Property transferred by the Commission in-kind to
satisfy this obligation shall be valued, in the manner stated in Article IX, as of the
effective date of withdrawal. Any cash payment shall be made at the time of
withdrawal.
6. a Estate If, at the time of withdrawal, the Municipalities jointly own real
estate that is used as the Central Headquarters of the Department, the following
shall apply:
a. Buy-Out, The remaining Municipalities shall pay the withdrawing
Municipality an amount equal to the e e of:
(1) the withdrawing Municipality's percentage share of the original
cost (not including loan or debt service transaction costs or
subsequent debt service payments)to purchase the real estate and
renovate or build the initial Central Headquarters; or
(2) share of the fair market value of the real estate at the time of
withdrawal.
b. Payments, Payment shall be made in consecutive, quarterly installments,
without interest, over a period determined by the remaining
Municipalities, not to exceed ten (10) years. Payments shall begin ten (10)
years from the date the Central Headquarters was first occupied or six (6)
months after withdrawal, whichever is later. In the event of dissolution of
the Commission and Department after the withdrawal of a party, payment
of any balance due to the withdrawing Municipality shall be made on the
-20-
same basis as if the withdrawing Municipality were still a participating
Municipality at the time of dissolution.
C. Interest in Real Estate. As of the date of withdrawal, the withdrawing
Municipality shall cease to have any interest in the real estate. The
withdrawing Municipality shall deed its interest in the real estate to the
remaining Municipalities.
7. Lease Purchase. If the Commission and the Department are using and occupying
the Central Headquarters under a lease-purchase agreement entered into by the
Commission and/or Municipalities, the withdrawing Municipality's interest in the
agreement and its tenancy and right to use the real estate shall cease as of the date
of withdrawal, and the Municipality shall not longer have any obligation to make
payments under the agreement. The withdrawing Municipality shall not be paid
or reimbursed for any payments made under the lease-purchase agreement prior to
withdrawal.
8. Lease. If the Commission and Department are using and occupying the Central
Headquarters under a lease entered into by the Commission and/or Municipalities
that does not constitute a Icase-purchase agreement, then the withdrawing
municipality's interest in the lease and its tenancy and right to use or occupy the
real estate shall cease as of the date of withdrawal. However, its obligation to
make lease or rental payments under the lease shall continue for two (2) years.
The withdrawing Municipality shall not be entitled to be paid or reimbursed for
any payments made under the lease prior to withdrawal.
ARTICLE XVIII
TERMINATION AND DISSOLUTION
SECTION A. Termination. Dissolution. Vote. After the initial term of this Agreement,
any petty may institute dissolution proceedings by obtaining a vote of two-thirds (2/3) of the
Municipalities who are then parties to this Agreement not less than one year in advance of the
effective dissolution date.
SECTION B. Dissolution Procedures. In the event of dissolution, all facilities, real
estate, vehicles, equipment, materials, supplies, and other property acquired and accumulated by
the Commission and Department, shall be appraised by appraisers appointed by the Commission
for purposes of determining the fair market value of such assets. Thereafter, within three (3)
months:
A. The Commission shall first pay all lawful debts and obligations incurred during its
term of existence, including the costs of dissolution.
-21-
B. Any remaining cash, and all vehicles, equipment, materials, supplies, and other
property (except real estate) shall be distributed, in cash or in kind, to the
Municipalities in the same proportion as each party's "funding assessment", as
that term is defined in subsection (c) below. If an equitable in-kind distribution
cannot be agreed upon by the Municipalities, all or any portion of the property
shall be liquidated and the proceeds distributed as aforesaid.
C. All real estate owned by the Commission and/or jointly by the Municipalities
pursuant to this agreement shall be sold. The Municipalities shall have ninety
(90) days in which to reach unanimous agreement on a purchase by one of them or
on the terms of a public or private sale. If no agreement is reached, then the
Commission, acting as the parties' agent, shall sell the real estate in accordance
with applicable law. All proceeds of sale shall be distributed to the Municipalities
in equal shares.
D. Each Municipality shall be responsible for all remaining debts, obligations, and
unfunded or contingent liabilities of the Commission and Department in the same
proportion as its "funding assessment", as defined in subsection (e) below.
E. For the purposes of these dissolution procedures, the Municipalities' "funding
assessment" shall be determined by averaging the funding assessments calculated
under Article V for cost-sharing purposes in the three (3) years immediately
preceding the effective date of dissolution.
SECTION C. Cessation of Department and Commission. The Department shall
disband and cease operation as of the effective date of dissolution, at which time each
Municipality shall be responsible for providing its own police protection. The Commission shall
remain in existence until it winds up its affairs and completes the dissolution procedures
specified in Section B above.
SECTION D. WITHDRAWAL OF A MUNICIPALITY. If at any time a Municipality
withdraws from the Commission, or the police force is disbanded, Municipality(ics) shall, within
thirty days thereafter, establish a municipal police department to provide services as prior to the
passage of this Agreement. Any police officer employed by a Municipality prior to the passage
of this Agreement and maintaining employment with the Department as of withdrawal or
dissolution, shall be extended an unconditional officer of employment under the same terms and
conditions of employment existing at the time of withdrawal or dissolution.
-22-
ARTICLE XIX
ADOPTION OF AGREEMENT
SECTION A. Ordinance, The Municipalities shall advertise and adopt an ordinance
authorizing acceptance and adoption of this Agreement, each providing for all action necessary
for participation in the Commission. Prior to the start date, each municipal party shall advertise
and adopt an ordinance abolishing its individual police department.
SECTION B. Compliance with Laws. The ordinances shall comply with the provisions
of and be adopted in accordance with the Intergovernmental Cooperation Act and the respective
First Class Township and Borough Codes. The abolishment ordinances shall provide for an
effective date for abolishment of the police departments as of January 1, 2000.
ARTICLE XX
AMENDMENT
This Agreement shall not be amended or modified except by written document, dated and
executed by all of the Parties. Any such amendment shall, except where a unanimous vote or
consent is specifically required, require the assent of at least two thirds (2/3) of all Parties.
ARTICLE XXI
MISCELLANEOUS
SECTION A. Administration. By agreement as necessary, one of the Municipalities may
be selected to handle the Commission's administrative affairs pending the ability of the
Commission to do so.
SECTION B. Goveming Law, This Agreement shall be governed by and construed
under the laws of the Commonwealth of Pennsylvania.
SECTION C. Headings. The headings, captions, article numbers, and section numbers in
this Agreement are for convenience and ease of reference only. They shall not limit or restrict
the subject matter that precedes or follows them.
SECTION D. Legal Construction. In the event any provision of this Agreement is held
by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or
unenforceability shall not effect any other provision of this Agreement, and this Agreement shall
be construed as if the invalid or unenforceable provision had not been included.
SECTION E. Execution, This Agreement shall be executed in four counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same instrument
and Agreement. An originally-signed counterpart shall be distributed to the Commission and
each party.
-23-
SECTION F. Contingency, This Agreement is contingent on each Municipality reaching
agreement with its police union to transfer police services to the Department and agreement
between the Commission and the union representing the officers of the Department which is
satisfactory to the Commission. In the event that one or more of the Municipalities cannot reach
an agreement with its respective bargaining unit to have police services transferred to the
Department, this Agreement shall be void.
SECTION G. Definitions,
a. "Participant", "Participating Municipality", "Member", "Party", and
"Municipality" shall mean a municipality now or hereafter a party to this
agreement.
b. "Nonparticipating Municipality" shall mean a municipality not a parry to this
agreement, but which purchases services pursuant to this agreement.
IN WITNESS WHEREOF, the Parties hereto have executed and sealed this Agreement
consisting of 21 Articles and 22 pages.
ATTEST:
(Corporate Seal)
TOWNSHIP OF LOWER ALLEN
(Assistant) Secretary
ATTEST:
Secretary
Approved this day of
(Vice) President, Board of
Commissioners
BOROUGH OF NEW CUMBERLAND
President, Borough Council
999.
Mayor
-24.
BOROUGH OF SHIREMANSTOWN
President, Borough Council
1999.
Mayor
-25-
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JO ANNETTE SERLUCO,
Plaintiff
V.
BOROUGH COUNCIL OF THE
BOROUGH OF SHIREMANSTOWN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 99-6406
CIVIL ACTION - EQUITY
ORDINANCE APPEAL
NOTICE TO PLEAD
TO: Jo Annette Serluco
C/o Keith Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
You are hereby notified to plead to the enclosed New Matter within
Twenty (20) days from service herof, or a default judgment may be entered
against you.
Date: 1/-/0.qq
SAIDIS, SNUFF & MASLAND
By: jj -? . A,"
ohn E. Slike, Esqu' e
Supreme Court ID #0 262
Joseph L. Hitchings, Esquire
Supreme Court ID #65551
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorneys for Defendant
JO ANNETTE SERLUCO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO: 99-6406
BOROUGH COUNCIL OF THE CIVIL ACTION - EQUITY
BOROUGH OF SHIREMANSTOWN,
Defendant
ANSWER WITH NEW MATTER
AND NOW this tp & day of 1999,
comes Defendant, Borough Council of the Borough of
Shiremanstown, (hereinafter "Council") by and through its
attorneys, Saidis, Shuff & Masland, and files this Answer
with New Matter to Plaintiff's Complaint and in support
thereof avers as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted. It is admitted that at a public meeting
the Borough council held on August 16, 1999, the Council
voted to adopt the ordinance, subject to the approval of
Council and adoption of a merger agreement among
Shiremanstown, New Cumberland and Lower Allen Township.
However, Council adopted the ordinance with a vote of 5 to
2.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
11. Admitted.
12. Denied. Council complied with the requirements of
the Sunshine Act by advertising notice of the place, date
and time of the September 20, 1999, meeting and by posting
notices at the Borough Hall and by having the Borough Police
Chief and Borough maintenance person stationed at the
Borough Hall to direct the public to the new meeting
location.
13. Admitted in part, denied in part. It is admitted
that Council President, Jack Lange announced at the time he
opened the hearing that public comment on the police merger
issue would be limited to 30 minutes. By way of further
answer, after Mr. Lange announced that the 30 minutes had
expired, he requested any additional comments from anyone in
the audience who had something new or different to report,
at which time 5 additional people spoke. Again, Mr. Lange
asked if anyone in the audience had something new to add to
the discussion, at which time an additional 9 people spoke,
including the Mayor of Shiremanstown. Accordingly, the
public had at least 45 minutes to comment on the ordinance
and resolution, which is more than reasonable opportunity to
comment on the issue. Additionally, Council accepted and
2
acknowledged a Petition signed by 606 residents opposing the
merger. A copy of the Minutes from the meeting are attached
hereto, incorporated herein and marked as Exhibit "A".
14. Admitted in part, denied in part. It is admitted
that Council President Jack Lang,
that the 30 minutes period given
concluded, however, it is denied
minutes was the only opportunity
as 13 additional people spoke on
announcement. By way of further
Paragraph 13 above.
announced to the public
to discuss the topic had
that this initial 30
the public had to comment,
the issue following his
answer, see Answer to
15. Admitted in part and denied in part. It is
admitted that Council President Jack Lange, on two separate
occasions announced to the public that the 30 minute comment
period had concluded unless someone had something "new" or
"different" to say. It is denied that was the only
opportunity that the public had to comment, as an additional
13 people commented following Mr. Lange's first
announcement. By way of further answer, see Answer to
Paragraph 13 above.
16. Admitted in part and denied in part. It is
admitted that the announcements of Council President Jack
Lange were made without objection or contradiction by a
majority of the members of Council. By way of further
answer, the announcements of Council President Jack Lange
were made without objection or contradiction of any of the
3
members of Council. By way of further answer, see Answer to
Paragraph 13 above.
17. Admitted.
18. Admitted. By way of further answer, see Answer to
Paragraph 13 above.
19. Denied. It is denied that Council or Council
President Jack Lange violated the Sunshine Act by announcing
to the public that public comment and participation on the
topic of the police merger would be limited to a period of
30 minutes. Council President Jack Lange and Council met
the requirements of the Sunshine Act by giving the public
more than reasonable opportunity to comment on the proposed
merger and in fact, the public had at least 45 minutes to
comment during which time at least 25 different residents
spoke, and Council received and acknowledged a Petition
signed by 606 citizens opposing the merger.
20. Denied. Neither Council President Jack Lange nor
Council violated the Sunshine Act as the public was given
more than reasonable opportunity to comment on the topic of
the police merger. Despite announcing that the comment
period would be limited to 30 minutes, Council took
additional statements from the public, including the
acceptance and acknowledgement of a Petition signed by 606
citizens opposed to the merger. By way of further answer,
Council President Jack Lange twice requested whether any
members of the public had something new or different to add
4
after which approximately 13 members of the public spoke.
By way of further answer, the Council turned the floor over
to the Mayor only upon there appearing to be no additional
members of the public desiring to comment.
21. Denied. Neither Council President Jack Lange nor
Council violated the Sunshine Act by properly limiting the
subject matter of public comment to only "new" or "different"
comments on the topic of the merger. After asking for new
I
or additional comments, 14 citizens spoke, including the
Mayor of Shiremanstown. Accordingly, it is denied that
there was an improper limiting of the subject matter for
public comment.
22. Denied. Council did not violate the Sunshine Act
by failing to defer or continue the public participation or
comment period to another meeting. At least 45 minutes were
dedicated to public comment on the police merger at the
September 20, 1999, meeting, and at least 606 residents had
the opportunity to go on record as opposing the merger via
the Petition that was submitted and acknowledged by Council
at that meeting.
23. Denied. It is denied that Council failed to
provide a meaningful and reasonable opportunity for public
comment, as at least 45 minutes were dedicated to public
comment on the police merger issue. At least 25 people and
the Mayor had an opportunity to speak during the public
comment period, and 606 residents had the opportunity to
5
voice their opposition via the Petition that was submitted
and acknowledged by Council.
24. Denied. It is denied that one or more residents or
taxpayers present at the public meeting on September 20,
1999 did not provide public comment to council due to the
time restriction or other restriction placed on public
participation and comment. To the contrary, at least 13
citizens spoke after Council President Lange first announced
that the allotted time had expired. There appearing to be
no other members of the public desiring to provide comment,
the council then moved to the Mayor's comments. Therefore,
it is denied that Council in any way violated the Sunshine
Act or that Council did not provide reasonable opportunity
and time for public comment on the issue.
25. Denied. It is denied that the actions of Council
and President Jack Lange were contrary to the intent
underlying the Sunshine Act. To the contrary, the public
was given a more than reasonable opportunity to comment on
the police merger. At least 25 citizens and the Mayor were
given the opportunity to speak and 606 residents made their
opposition known via the Petition which was submitted and
acknowledged by Council.
26. Admitted in part and denied in part. It is
admitted that the adoption of the ordinance and resolution
concerning the police merger will have a substantial police
and financial consequence to the residents and taxpayers of
6
the Borough of Shiremanstown. Any implication or inference
that Council did not take those matters into consideration
in voting to adopt the ordinance and resolution is
specifically denied. To the contrary, Council adopted the
ordinance in furtherance of the best interests of the
Borough of Shiremnnstown.
27. Denied, It is denied that the residents and
taxpayers of Shiremanstown have been harmed, as they did
receive proper notice of the location of the September 20,
1999 meeLing and they had more than reasonable opportunity
to participate and comment at the public meeting.
28. Denied. No immediate and irreparable harm has
ronulted an a result of the actions of the Borough Council
in adopting the ordinance and resolution for the police
merger. To the contrary, the Council's adoption of the
ordinance was in furtherance of the best interests of the
Borough of Shiremanstown.
29. Denied. To the contrary, greater injury will
result if an injunction is issued and the Borough of
Shiremanstown cannot proceed with the police merger as voted
on and approved by their elected officials.
30. Denied. Injunctive relief is not appropriate
under the circumstances, as the actions of Borough Council
and Borough Council President were completely appropriate
and in compliance with governing law.
31. Denied. See Answer to Paragraph 29 above.
7
WHEREFORE, Defendant, Borough Council of the Borough of
Shiremanstown, requests that this Honorable Court enter
judgment in its favor and deny the relief against Plaintiff
and sought in Plaintiff's Complaint and declare the
ordinance enacted and resolution passed on September 20,
1999 valid.
NEW MATTER
32. The averments set forth in Paragraphs 1 through 31
above are incorporated by reference as if the same were more
fully set forth at length herein.
33. Plaintiff has failed to set forth a cause of
action upon which relief may be granted.
34. Plaintiff was at the Council meeting on September
20, 1999, and in fact spoke out during the public comment
portion of that meeting against the police merger.
35. Plaintiff had a copy of the police merger
agreement months prior to its approval and in fact reviewed
it and wrote a critique which was submitted to Borough
Council.
36. Plaintiff cannot claim that she was unaware of the
date, time or location of the meeting, as she in fact was
present, nor can she complain that she was not given an
opportunity to comment publicly on the police merger issue.
37. Plaintiff's claim being devoid of any merit,
Defendant believes and therefore avers that Plaintiff's
conduct in bringing this action is dilatory, obdurate and
vexatious, as a result of which Defendant has and will
8
continue to incur legal fees and costs which, as this matter
continues, may be substantial, all to the detriment of
Defendant.
WHEREFORE, Defendant, Borough Council of the Borough of
Shiremanstown, requests that this Honorable Court: 1) enter
judgment in its favor and deny the relief against Plaintiff
and sought in Plaintiff's Complaint; 2) declare the
ordinance enacted and resolution passed on September 20,
1999 valid, and 3) direct Plaintiff to reimburse Borough
Council of the Borough of Shiremanstown for its reasonable
legal fees and costs in this matter.
Respectfully submitted,
Date u_ o•9q
SAIDIS, SNUFF & MASLAND
3Kn E. Sl i e, Esq re
ney I.D. No.: 6262
Joseph L. Hitchings, Esquire
Attorney I.D. No.: 65551
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorneys for Defendant
9
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7177373407 SAIDIS SHUFF MASLAND
648 P03 NOV 03 199 11:32
S30
T(iMPUR'S RRPORT The Treasurer's report was previously distributed. Mr.
Bouvier made a motion to accept the treanurer's report and
file it for audit. With a second by Mrs. Hall, the motion
carried.
'S RBPORT Citizens Present: Peggy Denison, 211 East Walnut Street
John Schaffer, Bible Baptist Church
Rodney Hawk, 209 West Main Straet
Henry Pridirici, 12 S. Want Avenue
JoAnnotto Sarluco, 303 Walnut Circle
Alice Herncane, 403 W. Main Street
Marion Weller, 34 W. Main Street
Richard Harbold, 13 N. Stoner Ave
Sharon Harbold, 13 N. Stoner Ave
Janice Craft, 314 W. Green Street
Pauline Rife, 206 E. Main Street
Anna Rounick, 203 E. Main Street
Anna Urquhart, 203 B. Main Street
Ron Zeigler, 303 W. Maple Avenue
Kathy waltars, 95 W. Vine Street
Shirley Naylor, 201 W. Green Street
George Naylor, 201 W. Green Street
Lois Collins, 202 W. Main Street
Joseph Metzger, 200 Main Street
Fred Newmann, 316 W. Green Street
Hannah Newmann, 316 W. Green Street
Elizabeth Mott, 317 W. Green Street
Barbara Dobie, 317 W. Green Street
John Tle, 407 E. Main Street
Marcie Hubbard, 238 E. Main street
Douglas Gross, 303 B. Main Street
Jay Rountree, 11 W. Main Street
Bob Burkholder, 107 W. vine Street
Pat Nester, 1 East Front Street 0201
Vanice Coplin, S1 W. Vine Street
Gary Foltz, 122 S. Market Street
Barbara Beams, 217 R. Walnut Street
Margaret Koch, 106 S. Stoner Avenue
George Windman, 304 W. Main Street
Robin Burns, 118 S. Locust Street
Jim Burns, 118 S. Locust Street
Sherry Lantz, Lower Allen Twp PD
Brian Nailer, Now Cumberland Boro PD
Frank Williamson, Lower Allen Twp PD
Esther Mellott, 211 Maple Avenue
J. Barton, 324 W. Green Street
Dale Mellott, 211 W. Maple Avenue
Steve Morgan, 203 E. Walnut Street
Thomas Gould, 30 W. Main Street
Mark Myers, 100 W. Vine Street
Doug Kirsch, 308 E. Main Street
Roxanne Morgan, 203'R. Walnut Street
Gary Werkheiser, 10G W. Main Street
Barbara Phillips Long, 205 N. Groan St
Betty Flanagan, 203 N. Green Street
1. '
ES PENDANT'S
EXIBIT
7177373407 SRIDIS SHUFF MASLRND 648 P02 NOU 03 199 11:32
579
BOROUGH COUNCIL MEETING BHIRAwLnwomn??mr? pgNNSYt VANtA
The Borough Council of Shiremanstown, Pennsylvania held its regular meeting on
September 70, 1999, at 7130 P.M. Since there was a large public attendance,
the meeting was moved to the Shiremanstown United Methodist Church Gymnasium,
125 Seat Main Street, Rear, Shiremanstown, Pennsylvania.
Council Members Present
Jack Lange, President
Roland Bouvier, v. President
Robert Herr
Edna Hall
Kenneth Moor
Paul Sheaffer
Richard Prather
Borough Officials Present
John Slike, Solicitor
Judith Byra, Secretary
Dean Lebo, Mayor
George Lane, Treasurer
The meeting was called to order at 7:30 P.M. by President Lange. Invocation
was given by Mayor Lebo, followed by the Pledge of Allegiance.
On a motion by Mr. Prather and seconded by Mr. Moor,
the minutes of the August 16, 1999 meeting were approved
with the following correction:
Mr. Slike was not present at the August 16 meeting
but was represented by Mr. Karl Ledebohm.
MAYOR'S REPCRT
The following police report was given:
August
Radio Dispatch
Complaints Recd
Criminal
Traffic Accidents
Assist Other Depto
PD Revenue S 197
Officer
48
7
2
4
.31
Hours
Citations Issued
Traffic e
Non Traffic 0
Written Warn 7
Verbal Warn 2
Parking Tkta 1
Traffic Tickets/Arrest
Owens 194.0 0
Calaman 198.0 1
Shaughnessy 9.5 0
Anthony 30.0 0
Lutz 57.0 7
Shuey 48.0 0
A
• I?1
grin maul, 16 Went Main Street 531
Jamin Moul, 16 Went Main Street
Martie Kunkel, 1061 J. Allendale Road
Ralph Mahaffie, 206 W. Main Street
Robert Kimmel, 302 E. Main Street
Jannell Reagan, 200 S. Stoner Avenue
Jamin Reagan, 200 S. Stoner Avenue
Steve Kenna, 199 E. Walnut Street
Bob Miller, 215 E. Walnut Street
Marion Miller, 215 B. Walnut Street
Christopher Donebach, 312 W. Maple Ave
John Anthony, 4 W. Green Street
Diane Lane, 209 W. Maple Avenue
Betty Herr, 210 W. Maple Avenue
Donald Danish, 300 W. Maple Avenue
Janet Bouvier, 307 W. Green Street
Jane Riley, 312 W. Green Street
Charles Stansfield, 299 E. Green Street
Robert May, 100 g. Main Street
Peggy Foltz, 122 S. Market Street
Ralph Carrelli, 300 W. Courtland Ave
Patricia Alexandre, 111 W. Green Street
E. F. Alexandre, 111 W. Green Street
Dennis Foreman, 112 W. Green Street
Barbara Zaidern, 108 W. Green Street
Robert Zeiders, 108 W. Green Street
Helen Fridirici, 12 S. West Avenue
Lee Bretz, 12 N. High Street
Jean Bretz, 12 N. High Street
Jamie Ricker, 9 N. High Street
Mildred Kaiser, 9 N. High Street
Randy Miller, 10 pront Street Apt K
Harry Wilber, 110 Front Street
Nancy Brenneman, 220 Walnut Circle
Joan Kohler, 14 8. Main Street
Robert Kohler, 14 E. Main Street
Hnrb Andrews, 203 W. Courtland Ave
Mary Brown, 401 W. Main Street
Richard Deninon, 211 E. Walnut Street
Pauline Mountz, 119 E. Green Street
Jeffrey Bland, 200 E. Walnut Street
Jack Clausor, rl, 17 West Main Street
Bill Wright, 200 West Green Street
Louisa Leako Wright, 200 Went Green St
Blaine Freeman, 167 W. Vino Street
Stephanie Hallett, 124 S. Locust Street
Ken Vanier, 208 W. Main Street
Gary Dorsey, 322 W. Green St.
Jeannie Dorsey, 322 W. Green St
Harry Marsh, 20 West Xvenue
Albin Wrightatone, Jr, 131 E. Green St.
J,
69tLT 66. V0 AON ZOd 999 QNHlSt1W j-11S SIQIt1S L6V£L£LLTZ.
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PIN
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POLICE MERGER 532
President Lange stated that
minutes to this topic. the council will give 30
Mr. Donabach - lived here for 23 yearn - police merger in
trying to circumvent the getup by founding fathers - he
seen no reason for a change - if we allow the merger to
happen, we will lone some of our freedom
James Reagan - Addressed to Edna Hall Herr - Why you originally vote against 6 Robert Her
the merger? ?b H rhy
no definite reason however with the 9 to 1 vote against
the merger by tax Payers I must vote No. Mr. Herr _ I
came to Shiremanstown because I like the way the town
works. The police help the children and the children look
up to the police. Harrisburg put more police an patrol
for safety, we'll be taking away patrol. I can't see
where it is saving us money.
Herb Andrews - Addressed to George Lane
to council the budget for use in discuss - ing Did you submit
the cost
feasibility of the proposed merger? - No - Hag
council consulted you an the possible impact on the town's
overall budget? - No - The proposed merger allows for a St
non-salary budget increase per year plus increases
required by the police collective bargaining unit. How
does thin compare to a history of our current police
department budget increases? - George Lane - I haven't
received a copy of the agreement. The police department
budget has gone up 34 on average per year in recent past.
Ken Vanier • On Mondays through Fridays he backs out of
his driveway at 7 AM and there is always someone on
his bumper the whole way down Main Street. He doesn't
feel we have police protection during the day.
Jeannie Dorsey - Do you think it will change if we merge?
Harry Marsh - He checked the agreement and the increase of
St per year is a top limit if there is a disagreement
between the communities and if two communities agree, if
there is no disagreement then the increase would be
whatever the commission would decide.
Female in audience to Roland Bouvier - Some of the
reasoning for merging is to save money, what will the
savings be? What will be the benefits? - President Lange
- around $8,000. The building coats could represent a
leased building but probably to start out we would work
out of three buildings. - Paul Sheaf Per - We will have an
improvement in coverage and we will receive state of the
art technology, training, and government grants.
Jack Clauser - Mr. Slike in his letter dated July 19, 1999
addressed eaveral problems in the agreement for the
A
60:1,1 66, VO AON £0d 999 IIN,15VW i fMS slalus L0V£11£LLIL
7177373407 SAIDIS SHLFF MASLAND
640 P04 NOU 03 '99 11:33
proposed police merger. He stated Police Pension, 533
Personnel, Labor Agreements, and Procedures. fie stated
that we should only go into this merger if all issues have
been answered. I would like to ask nnvaral members if
they have received the answers to all of these isouce. -
to Mrs. Hall - Were all insues answered before the vote at
the August 1Gth meeting? No Have they now been answered?
No - Kr. Herr - Did you receive the answers to these
questions before the vote at the August 16th menting? No
Have they now been answered? No - Mr. Prather - Did you
have the answers to these quentions before the vote at the
August 16th meeting? No Do you now have the answers?
Yes. What do you know that the rest of the council
doesn't know? My answer is yea, the questions have been
answered to my satisfaction.
Christopher Donabach - If people feel that there is a
problem with the police protection in town you do not go
outside of the town for the cure, you go to the source.
1
Diane Lane - President Lange, you stated that we do not
have police on duty from 2 AM to 0 AM. He do have police
that arc on call and we have a mutual aid agreement. What
makes you feel that we have a problem? Where have you
aeon that it is a problem? President Lange - He has
received several calla concerning no police protection.
In a police merger, if the police are not in town it will
take more than 4 minutes for them to respond. Kra. Lane -
How many calls have there been between the hours of 2 AM
and 8 AM? How many calls does it take to subotantiato a
merger? President Lange - He doesn't know how many other
council members have received but he received 2. To Kayor
Lebo - How many calls do you know that were received? He
knew of one time that someone called the police and Lower
Allen responded but after he talked with the Chief, he
found that the chief was on scene well before the Lower
Allen officer. Kra. Lane - In 1997 Lower Allan reoponded
to G calla in Shiremanstown while we responded to 4e in
Lower Allen and in 1998, Lower Allen responded to 5 calla
in Shiremanstown whiln we responded to 44 in Lower Allen.
This means that in two years Lower Allen responded to 11
calla in Shiremanstown and assuming that they were all
between the hours of 2 AM and 8 AN, which in impossible,
would they truly be a significant amount to enter into a
merger? Can you guarantee a 4 minute rewponse. President
Lange - In his opinion, if you only have one call, it in a
significant problem. Kra. Lane - Included in the budget
for 2000, there is an entry of $24,000 for building Mate,
If we are all keeping our sub stations, why is this entry
included in the budget. President Lange - The $24,000 is
for utilities, rent or lease. It is possible that we will
have all three nub otationn but there is a chance that we
will have a common space. Mrs. Lane - Where would we be
able to tind a apace for only $24,000?
i
r
l
7177373407 SRIDIS S1LIFF MRSLnND 64B P05 NOV 03 '99 11:33
534
Dick Denison - He has faith in the council and will ab
ido
by their wisdom concerning the police merger. He is in
favor of the merger.
Charles Stansfield - He has lived in the borough for 70+
years and his family has lived here longer. They have
never had a problem with the police force. He feels that
if we merge, our costs could escalate overnight.
Ralph Carrelli - He heard a dog barking at 6:10 AM and he
went to see what was going on, the dog was located 2 1/2
blocks away. When he got there, the Chief was walking
down the sidewalk. Mr. Carrelli stated that the dog had
started barking at 3 AM.
James Reagan - He stated that the residents elected the
council to represent their best interests. They feel that
a merger would provide no advantages for our borough but
would have a negative impact in security and coats. At
this point, Mr. Reagan presented to council a petition
signed by 606 taxpayers of Shiremanstown. They contacted
772 taxpayers of which 606 or 79% were against the merger.
This response represents a majority, 51t of the September
1, 1999 Taxpayer rolls, advising council to permanently
stop any and all further activity on the proposed merger.
Bob Miller - Why try to fix what's not broken? We think
bigger is better but look at the school administrations
and teachers who can't communicate with students and yet
they want bigger schools. How will the atudnnts and
teachers be able to communicate, how will the police be
able to watch the community when they have more area to
patrol. He feels that in three year" the taxes will be
going up about 20f, the school board is talking about
raining their taxes. He won't be able to live in
Shiremanstown because of the high taxes.
Sdna Hall - We just heard from Mr. Reagan that the
majority of our taxpayer residents do not want the police
merger activity to continue. The petition with the list
of names and addresses in front of each of us carry
with them a very serious and very clear message. Since
the number of signatures on this petition represents a
majority of taxpayers in Shiremanstown, r move that wa
rescind the ordinance made on August 16, 1999 and stop all
further action'on the proposed police merger. There is a
time honored practice of making a decision by majority
rules. The decision by the majority of taxpayers now nits
in front of us. A second was made by Robert Herr.
President Lange - Since this ordinance,has been passed
under conditions of the agreement we essentially don't
have approval unless the mayor signed it no can we rescind
something that haan't been completed? Mr. John Slike - To
enact an ordinance you must pre advertise it. lie was not
1 aware that a motion was to be made before the action of
the Mayor. lie fnnls that the propar action would be for
7177373407 SRIDIS SNUFF MRSLRND 648 POG NOV 03 199 11:33
535
the Mayor to give his report as to whether or not he is
going to sign the ordinance and then you can have a motion
to rescind the ordinance or to reaffirm it. President
Lange - Edna is that OX with you? Edna Hall - That'a
fine with me.
Rodney Hawk - Are you still taking comments?
President Lange - Our half hour in up and unless someone
has something new or different to report, I would like to
continue on with the meeting.
Rodney Hawk - He had heard from acme people on the street
that some of the information given by the petitioners wan
incorrect. How many of the people knew what they signed.
He feels that the people needed more information before
they made a decision.
E. P. Alexandre - He objects to anyone who signed a
petition and says that they don't know what they signed.
To the gentleman that says he is tailgated going down Main
Street, he has seen the police atop taro on Main Street.
Last Main Street Resident - A lady told me that there
won't he any crossing guards.
Charles Stansfield - One time when an alarm went off in
their office and home, they ran down the steps from their
home and the police were already in front of their
building. If there are problems, the Mayor should be
asked to inform the police of the problem and to make sure
that it doeon't happen again.
Ralph Carrells - There should have been a petition to see
how many taxpayers were for the merger. When asked by
another citizen why he didn't take one around he annwered
that he didn't have the time.
President Lange - Unlace oomoone has nomothing now to add
to thin, I want to call it to a halt.
Erin Moul - I was one person who took the petition around
and I would like to tell you what I said. I knocked on
the door and said "Hi, T live here in the Borough of
Shiremanstown and I would like to auk you to sign a
petition to nave our police department. If you don't
think you can, I thank you and have a good day." That is
exactly what I said.
JoAnnette Sorluco - I fool that it is 0 tremendous insult
to think that 606 people could be duped into signing a
petition. The potitionero asked if they should have a
lint of facto but I said that the petition is self
explanatory. The patitioners worked very hard going door
A to door day and night because they felt it wan important
to the community.
7177373407 SA1D1S SH3 F MASLAND 648 p07 NOV 03 199 11:34
Janet Bouvier - What happens when our current Chief 536
retires? President Lange - We'll have to got someone
else.
Doug Groan - At first when he was naked to sign the
petition he said no to the police merger but they said to
him that they want everyone to sign, he then realised what
he signed and crooned his name off.
Ron Zeigler - He is against the merger because he
regularly drives on Main Street and usually sees the
police car at Main & Washington waiting for speeders. if
we didn't have the police here all the time, people really
wouldn't care and we would have more speeders. He tools
it is important to have the police seen.
Janice Craft - The Chief and staff have a familiarity that
wouldn't be there. The Chief is able to recognise when
something in amino at a resident's hone. Stay with our
own police department and hire another officer to cover
the 2 AM to 8 AM shift.
Harry Marsh - If we do not join now and want to join later
there will probably be a fee that we would need to pay.
A Borough Resident - How many officers are assigned to
each shift in Lower Allen and New Cumberland. What is
their ratio of police to residents and how does it compare
to ours. Not known.
Mayor Lebo - lie read a letter addressed to Borough
Council with the following list of reasons that he cannot
approve the Ordinance approving the proposed Police
Merger.
Unknown start up coots and unknown increases in the
yearly budget.
Loan of protection ie. Instead of having officers
being on call for a portion of the day, we would be
on call 26 hours a day.
All of our police equipment plug police cars would be
given away and therefore if we found that the merger
was not what we thought, we would not be able to go
back to having our own department.
Part time officers who have served the borough well
would be gone.
Loss of small town atmosphere ex. Residents know and
trust the Chief, Officer Calaman and other
Shiremanatown'a officers.
A If a crossing guard gets sick, where would the
coverage come from and would the children feel
comfortable with a utranger.
ti.
03 '99 11
Petition. Mr. Sheaffer made a motion to appoint these39
three gentlemen to the police commission. With a second
by Mr. Bouvier the motion carried with a veto of 5 toX ?W1
The no votes were given by Mrs. Hall and Mr. Herr. 6?ri?et?i ,?
Citizen - If a council member who is on the commission is Q?-r
voted out of office what happens to his seat on the Q¢J?
commission? President Lange - A new representative will
be appointed.
9:45 PM Break for 10 minutes.
FINAWCE AND
PSRBON L
NBBT SHORE Km g
TAX BUREAU
Mr. Prather met Friday with the part time police officer
applicant Andrew W. Paul. Mr. Prather made a motion to
hire Mr. Paul as a part time police officer at a pay rate
of $7.50 per hour. With a second by Mr. Moor, the motion
carried.
Mr. Prather made a motion to raise the salary of Ed
Michaels from $7.10 to $9.10 retro active to the date he
assumed his now position. With a second by Mr. Moor, the
motion carried.
No report.
RRCREATION C0 m4IwEX
b RECREATION BOARD The committee met on September 13, 1999. Parvin Paving
has submitted a bid to repair the basketball court. Two
other contractors were contacted but did not submit a bid.
The elide at Manor Park is broken again. No will get
parts and have it repaired.
Charcoal Grills will be purchased at a price of $122 each.
The board would like to make the Recreation Department
Assistant a full time position. The estimate increase in
the budget would be $529.45. Thin was a part bW*IL
time position. Mr. Sheaffer will find out the current C
salary for the.Airector and the part time salary for an
assistant. This will be presented for the 2000 budget.
CODR RNFORCEMENT/
Y.ONI_OPPICER There was one building permit in Augusts $9 in fees V
were collected.
7177373407 SAIDIS SIL FF MRSLAND 648 P11 NOV 03 '99 11:36
540
SOLICITOR'S RaPORT Mr. Slike - Washington Avenue - At the last meeting we
went over a paper he prepared of his findings giving the
history of the street and what he thought the Borough
should do at this point. Since then he received
communication from the attorneys on both sides and they
don't alter what he had in the memorandum. There were two
issues that needed to be addressed. Thr lust is,did the
required number of abutting owners nign the petition and
t a second was d t e orough want Co open the street.
He cannoe L nd t reo was ro ar d catcd ns a
borough street. e s d show on borough plans but
did thin happen with consent or at the insistence of
property owners. Par the borough to have the ability to
accept a public street where no paper work has been done,
there must be an actual opening. Ile does not know if the
borough ban a right to open the street. He had previously
suggested to the church that they prepare a suit for court
seeking a decision an to whether the borough has a right
to open the street. It is still his view that the borough
should have a definitive onuwer by the court regarding the
status of the street. There in 60 feet that does not
belong to Mrs Brown nor Mr. Bayer but could belong to the
heirs of Mr. Marro. If we gat a decision from the court
we could then make the decision if we want the street
opened and then we would need an agreement with the church
stating that they will bear the cost of paving and curbing or+d
they will indemnify the borough against any damage against
any abutting property owners.
Mr. Errands - The street is not owned by the abutting
property owners and 3 of 5 abutting property owners signed
a petition that the street should be opened. Rather than
tie thin matter up in court to determine if it can be
opened when on face it in opened and has gravel down and
has been used consistently ovnr the past 21 years.
Mr. Slike - Where according to the petitionedona the
proposed street opening and, on the North or South side of
Vine Street and the attached plan shown that it ends on a
bias on the North end
Mr. Hrrands - Yen, it ends on u bias.
Mrs. Herncane - Mrn. Brawn and Mr. Boyer are now in
possession of an adverse pouuesnion in the Marro property.
They are attaching it to their deedn.
Mr. Slike - If the borough owns the street, they cannot
adverse ponnean the street. The town plan can be evidence
of a dedication of street.
President Lange - According to Mr. Slike it should be a
court decision if the borough ban the right to open thin
street. If there was a clear dedication of the street,
1 the council could decide to open the street but since he
648 P14 NOU 83 199 11:37
President Lange - Council has taken a lot of heat on t543
he
police merger but goals that it was in the beat interest
of the borough to join the mergar.
A motion was made by Mr. Bouvier for presentation Of bills for payment and to
accept the receipts. The motion was seconded by Mrs. Hall and carried.
Mr. Prather made a motion to adjourn this meeting at l0soo pM. The motion was
seconded by Mr. Moor and carried.
SUeMITrRD POR APPROVAL,
Judith M. Byrn
Borough Secretary
i '
JO ANNETTE SERLUCO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.: 99-6406
BOROUGH COUNCIL OF THE CIVIL ACTION - EQUITY
BOROUGH OF SHIREMANSTOWN,:
Defendant
VERIFICATION
1, Jack Lange, Borough Council President for the Borough of Shiremanstown, being
authorized to do so on behalf of the Borough of Shiremanstown, hereby verify that the statements
made in the foregoing pleading are true and correct to the best of my information, knowledge and
belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unswom falsification to authorities.
BOROUGH COUNCIL FOR THE
BOROUGH OF SHIREMANSTOWN
Date://-- 9- Y q By: L'4
Jack Lange, President
JO ANNETTE SERLUCO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO: 99-6406
BOROUGH COUNCIL OF THE CIVIL ACTION - EQUITY
BOROUGH OF SHIREMANSTOWN,
Defendant
CERTIFICATE OF SERVICE
On this L day of November, 1999, I, John E. Slike,
Esquire, hereby certify that I served a true and correct
copy of the foregoing Answer with New Matter upon all
parties of record via United States Mail, postage prepaid,
addressed as follows:
Keith Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
SAIDIS, SHUFF & MASLAND
°F
t
1Al
AN
JO ANNETTE SERLUCO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99-6406
BOROUGH COUNCIL OF THE
BOROUGH OF SHIREMANSTOWN, CIVIL ACTION - EQUITY
Defendant
ORDER
AND NOW this 1012 day of November, 1999, upon
consideration of the Petition For Preliminary Injunctive Relief
of Jo Annette Serluco it is hereby ORDERED that:
1. A RULE is hereby issued upon Respondent Borough Council
of the Borough of Shiremanstown to show cause, if any it should
have, why a preliminary injunction should not be issued providing
the relief requested by the Petitioner; and
2. A hearing is hereby scheduled on the Petition before
this Court on the %;31e day of ?('iC E' ??LCc(,i , 1999 at 16; C2n
o'clock /I'. M. in Courtroom q of the Cumberland County
Courthouse, Hanover and High Streets, Carlisle, Pennsylvania.
Service of this order shall be made by Petitioner's counsel
upon Respondent by regular first class mail, postage prepaid or
upon any attorney entering his or her appearance on behalf of
Respondent in this action at least 14 days prior to the
date of the hearing set forth above.
BY THE COURT:
S NELOAKER•
BRENNEMAN x
& SPARE
„ J.
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p?`V?'S11VM qU'V'
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JO ANNETTE SERLUCO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99-6406
BOROUGH COUNCIL OF THE
BOROUGH OF SHIREMANSTOWN, CIVIL ACTION - EQUITY
Defendant
NOTICE TO PLEAD
To: Borough Council of the Borough
of Shiremanstown, Defendant
You are hereby notified that you have twenty (20) days in
uw orrice
SNELBAKER.
BRENNEMAN
a SPARE
which to plead to the enclosed Petition or a Default Judgment
may be entered against you.
SNELBAKER, BRENNEMAN & SPARE, P. C.
By:
Keith O. Brenneman, Esqu re
44 West Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Date: November 4, 1999
JO ANNETTE SERLUCO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99-6406
BOROUGH COUNCIL OF THE
BOROUGH OF SHIREMANSTOWN, CIVIL ACTION - EQUITY
Defendant
PETITION FOR PRELIMINARY INJUNCTIVE RELIEF
Plaintiff Jo Annette Serluco, by her attorneys, Snelbaker,
Brenneman & Spare, P. C., petitions this Court for the issuance
of a preliminary injunction and in support thereof states the
following:
1. Plaintiff Jo Annette Serluco, Petitioner herein,
initiated this action by filing a Complaint in Equity with the
Office of the Prothonotary of this Court on October 20, 1999. A
true and correct copy of the Complaint is attached hereto and
incorporated in its entirety by reference herein as "Exhibit All.
2. A certified true and correct copy of the Complaint in
this action was served upon Defendant and Respondent herein,
Borough Council of the Borough of Shiremanstown ("Borough
Council"), by the Office of the Sheriff of Cumberland County,
Pennsylvania upon Jack Lange, President of Borough Council, on
October 22, 1999.
3. Petitioner is a resident and taxpayer of the Borough of
Shiremanstown.
uw OFFICKe
SNELOAKER. 4. Petitioner initiated this action due to violations of
BRENNEMAN
8 SPARE
I
the Sunshine Act by Respondent with respect to an open public
meeting of Borough council held on September 20, 1999.
5. Respondent violated the Sunshine Act as set forth
hereinbelow prior to taking the official actions of passing an
ordinance and adopting a Resolution (see Complaint Exhibit C and
Exhibit D, respectively) purportedly authorizing the Borough of
Shiremanstown's participation and involvement in a regional
police department among the municipalities of the Borough of
Shiremanstown, the Borough of New Cumberland and Lower Allen
Township.
6. The open public meeting of Borough council held on
LAW OIIICr9
SNELnAkr N.
OnENNEMAN
a SPADE
September 20, 1999 was held at the Shiremanstown United
Methodist church gymnasium at 125 East Main Street,
Shiremanstown, Pennsylvania.
7. The public meeting held on September 20, 1999 was a
regular monthly meeting of Council.
8. Council failed to provide public notice of the place,
date and time of the September 20, 1999 meeting as required by
the Sunshine Act (Act of October 15, 1998, P.L. 729, No. 93; 65
Pa.C.S.A. S 701, et seq.).
9. On September 20, 1999 during the course of the public
meeting noted above and prior to action by Council to adopt the
ordinance and Resolution, Council President Jack Lange limited
public participation and comment by pronouncing to all in
attendance at the meeting that Council will give thirty (30)
-2-
f
minutes to the topic of the police merger.
10. On September 20, 1999, during the course of the public
meeting noted above and prior to the action by Council to adopt
the ordinance and Resolution, Council President Jack Lange
announced to the public that the thirty (30) minute period given
to the topic of the police merger had concluded.
11. On September 20, 1999 during the course of the public
meeting noted above and prior to action by Council to adopt the
ordinance and Resolution, Council President Jack Lange on two
separate occasions announced to the public at the meeting that
the thirty (30) minute comment period had concluded unless
someone had something "new" or "different" to say.
12. The pronouncements or announcements made by Council
President Jack Lange as set forth in Paragraphs 9, 10 and 11,
above, were made without objection or contradiction by a
majority of the members of Council.
,VC
13. The pronouncement or announcements made by Council
President Jack Lange as set forth in Paragraphs 9, 10 and 11,
above, were made on behalf of Council and for Council's benefit ?ir
for purposes of conducting the public meeting on September 20,
1999.
14. The pronouncements or announcements made by Council
President Jack Lange as set forth in Paragraphs 9, 10 and 11,n
above, were made at a time when there were more than one hundred
LAW 0.IICES II I -
SNELaAKER, persons present at the meeting, the overwhelming majority of
BRENNEMAN
& SPAR[
-3-
which were residents and tax payers of the Borough of
I ..
Shiremanstown who were interested in the topic of the police
merger.
15. Council President Jack Lange and Council violated the
Sunshine Act by improperly announcing to the public that public
comment and therefore participation on the topic of the police
merger would be limited to a period of thirty (30) minutes.
16. Council President Jack Lange and Council violated the
Sunshine Act by improperly limiting public comment on the topic
of the police merger for a period of thirty (30) minutes.
17. Council President Jack Lange and Council violated the
Sunshine Act by improperly limiting the subject matter of public
comment to only "new" or "different" comments on the topic of
the police merger.
18. Council violated the Sunshine Act by failing to defer
or continue the public participation and comment period
concerning the police merger to the next regular meeting of
Council or to a special meeting occurring in advance of the,
regular meeting.
19. Council violated the Sunshine Act by failing to'a
;,.i
any reasonable rules or regulations with respect to imposiri
limitations on length or subject matter of comment prio
September 20, 1999 public meeting and arbitrarily and unlaw
imposing limitations on public participation and comment.as
uw arncr.
SNELOAKER. noted above.
BRENNEMAN
& SPARE
-4-
20. For the reasons set forth above, Council failed to
provide a meaningful and reasonable opportunity at the open
public meeting for the residents and taxpayers in attendance to
comment on matters of concern, official action or deliberation
pertaining to the proposed police merger before Council took
action on the Ordinance and Resolution.
21. It is believed that at least one or more residents or
taxpayers present at the public meeting on September 20, 1999
did not provide public comment to Council on the matter of the
police merger due to the limitations and restrictions placed on
public participation and comment as more fully set forth above.
22. For the reasons set forth above, the actions of
Council, by Council and through Council by the actions of
President Jack Lange, were contrary to the intent underlying the
Sunshine Act of curbing the abuse of power by opening the
decision making process to greater public participation,
scrutiny and accountability.
23. The adoption of the Ordinance and Resolution which
pertain to the Borough of Shiremanstown's participation in a
regional police force will in the future and presently has had
substantial and far reaching police coverage and financial
consequences to the residents and taxpayers of the Borough of
Shiremanstown.
24. For the reasons set forth above, it is believed and
uw OFFICES
SNELUAKER, therefore averred that the residents and taxpayers of
BRENNEMAN
& SPARE
-5-
I •
4 f
Shiremanstown have been harmed by not having the proper notice
of the location of the September 20, 1999 meeting and by not
having the opportunity to participate, without improper or
unreasonable limitations, in such meeting.
25. For the reasons set forth above, immediate and
irreparable harm not compensable by damages has resulted and
will continue.
26. For the reasons set forth above, greater injury will
be done by refusing an injunction as requested herein than by
granting it.
27. For the reasons set forth above, injunctive relief is
appropriate to abate the improper activities complained of
herein.
28. For the reasons set forth above, the grant of an
injunction will not adversely effect the public interest, but
will restore the status quo.
29. The activities sought to be restrained by Petitioner
is actionable and the requested relief is reasonably suited to
abate such activity.
30. Petitioner's right is clear and the wrong to be
remedied is manifest.
31. The Cumberland Metro Police Department, which is the
police department formed by the merger noted above, is to
commence operations on January 1, 2000; therefore, consideration
"IN OFFICES
of this Petition by the Court prior to January 1, 2000 is
SNELOAKEN•
BRENNEMAN
& SPARE
?? -6-
essential.
WHEREFORE, Petitioner Jo Annette Serluco, requests this
Court to:
A. Issue a Rule directed to Respondent Borough
Council of the Borough of Shiremanstown to show
cause, if any it should have, why a preliminary
injunction should not be granted and scheduling a
hearing on this Petition; and
B. After hearing, grant a preliminary injunction by
issuing an order:
1. Enjoining preliminarily the participation of
the Borough of Shiremanstown in the
Cumberland Metro Police Department;
2. Enjoining preliminarily the expenditure of
any and all funds by the Borough of
Shiremanstown for or on account of the
Cumberland Metro Police Dopartment or said
Borough's participation therein;
3. Returning the status quo pertaining to the
police department of the Borough of
Shiremanstown as it existed prior to any
action being taken by Borough Council on the
ordinance and Resolution;
4. Affirm, restore and invest all powers and
LAW OFFICES
SNELOAKER. duties of the police department as
BRENNEMAN
3 SPARE
?7?
established pursuant to the Borough Code in
the Borough of Shiremanstown Police
Department subject to such control of the
Mayor and Council as is permitted by law;
and
5. Grant Petitioner such other relief as this
Court in its discretion deems just and
appropriate under the circumstances.
SNELBAKER, BRENNEMAN & SPARE, P. C.
By: 14
Keith O. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Petitioner
Jo Annette Serluco
uw OFFICES
SNELOAKER.
BRENNEMAN
a SPARE
Date: November 4, 1999
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VERIFICATION
I verify that the statements made in the foregoing Petition
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. $4904 relating
to unsworn falsification to authorities.
Y?G/G tic`, Gt c..
LAIN GI/ICES
SNELOAKER.
BRENNEMAN
a SPARE
Date: November 4, 1999.
It KEITH O. BRENNEMAN# ESQUIRE, hereby certify that I have,
on the below date, caused a true and correct copy of the
foregoing Petition to be served upon the person and in the manner
indicated below:
FIRST CLASS MAIL. POSTAGE PREPAID ADDRESSED AS FOLLOWS:
Borough Council
Borough of Shiremanstown
1 Park Lane
Shiremanstown, PA 17011
LAW Orncco
SNELOAKER.
SRENNEMAN
5 SPARE
Date: November 4, 1999
OM1100C??-
Mechanicsburg, PA 17055
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 West Main Street
P. O. Box 718
(717) 697-8528
Attorneys for Petitioner
Jo Annette Serluco
JO ANNETTE SERLUCO,
Plaintiff
V.
BOROUGH COUNCIL OF THE
BOROUGH OF SHIREMANSTOWN,
Defendant
. IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- ? seo&
CIVIL ACTION - EQUITY
NOTICE
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by
attorney and filing in writing with a court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further
notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE
DO NOT HAVE A LAWYER
THE OFFICE SET FORTH
HELP.
THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
"'•
' '
. ?• _,
SNELBAKER, BRENNEMAN & SPRRE;f'P.'C.
By: r/Lr•
Attorneys for Plaintiff
FiIEL• L' ??' S CJw'c
4W OFFICES
SNELOAKER.
13RENNEMAN
s SPARE ?AI 0_,_,4_eY
EXHIBIT A
JO ANNETTE SERLUCO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
BOROUGH COUNCIL OF THE NO. 99' GEIoG
BOROUGH OF SHIREMANSTOWN, CIVIL ACTION - EQUITY
Defendant ,
COMPLAINT
Jo Annette Serluco, by her attorneys, Snelbaker, Brenneman
& Spare, P. C., files this Complaint and in support thereof
states the following:
1. Plaintiff Jo Annette Serluco is an adult individual
residing at 302 Walnut Circle, Shiremanstown, Cumberland County,
Pennsylvania.
2. Defendant, the Borough Council of the Borough of
Shiremanstown, constitutes the duly elected corporate
authorities of the Borough of Shiremanstown, a Pennsylvania
municipality with a principal office located at 1 Park Lane,
Shiremanstown, Cumberland County, Pennsylvania.
3. Plaintiff is presently and has at all times relevant
"W OFFICE/
SNELBAKER,
BRENNEMAN
a SPARE
hereto been a resident and tax payer of the Borough of
Shiremanstown.
4. On July 19, 1999 the Borough Council of the Borough of
Shiremanstown (hereinafter "Council") directed the Solicitor for
the Borough of Shiremanstown to prepare and advertise an
ordinance for purposes of authorizing the merger of the Borough
of Shiremanstown Police Department with the police departments
of Lower Allen Township and the Borough of New Cumberland, which
ordinance was to be considered and voted upon at the next
regular meeting of Council.
5. The ordinance directed to be prepared and advertised as
made reference to in Paragraph 4, above, (hereinafter the
"Ordinance") was published and advertised August 9, 1999 in The
Patriot News newspaper. A true and correct copy of the
ordinance as published on August 9, 1999 and Proof of
Publication with respect to such advertisement are attached
hereto and incorporated by reference herein as "Exhibit All and
"Exhibit B", respectively.
6. At a public meeting of Council held August 16, 1999,
Council by a majority vote adopted the ordinance, subject to the
approval of Council and adoption of a merger agreement among the
Borough of Shiremanstown, the Borough of New Cumberland and
Lower Allen Township.
7. At a public meeting of Council held September 20, 1999,
LAW OFFICES
SNELBAKER.
BRENNEMAN
a SPARE
the Mayor of Shiremanstown Borough vetoed the ordinance approved
by council August 16, 1999.
B. At the public meeting held September 20, 1999,
immediately following the Mayor's veto of the ordinance, five of
the seven members of council voted in favor of overruling the
veto and reapproving the Ordinance. A true and correct copy of
the ordinance approved by Council on September 20, 1999 is
-2-
4
i
i
f
r
attached hereto and incorporated by reference herein as "Exhibit
CR.
9. At the public meeting held September 20, 1999,
following Council's reapproval of the ordinance, Council, by a
resolution approved by a vote of five of seven Council members,
approved an agreement establishing a regional police department
among the municipalities of the Borough of Shiremanstown, the
Borough of New Cumberland and Lower Allen Township (hereinafter
the "Agreement"). A true and correct copy of the aforementioned
resolution (the "Resolution") adopted by Council is attached
hereto and incorporated by reference herein as "Exhibit D". A
true and correct unsigned copy of the aforementioned Agreement
is attached hereto and incorporated by reference herein as
"Exhibit Ell.
10. The open public meeting held on September 20, 1999 was
held at the Shiremanstown United Methodist Church gymnasium at
125 East Main Street, Shiremanstown, Pennsylvania.
11. The public meeting held on September 20, 1999 was a
regular monthly meeting of Council.
12. Council failed to provide public notice of the place,
date and time of the September 20, 1999 meeting as required by
the Sunshine Act (Act of October 15, 1998, P.L. 729, No. 93; 65
Pa.C.S.A. S 701, et seq.).
13. On September 20, 1999 during the course of the public
uw OIIIC[11
SNELSAKER, meeting noted above and prior to action by council to adopt the
BRENNEMAN
& SPARE
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uw OFFICE,
SNELDAKER.
BRENNEMAN
6 SPARE
ordinance and Resolution, Council President Jack Lange limited
public participation and comment by pronouncing to all in
attendance at the meeting that Council will give thirty (3o)
minutes to the topic of the police merger.
14. On September 20, 1999, during the course of the public
meeting noted above and prior to the action by council to adopt
the Ordinance and Resolution, Council President Jack Lange
announced to the public that the thirty (30) minute period given
to the topic of the police merger had concluded.
15. On September 20, 1999 during the course of the public
meeting noted above and prior to action by council to adopt the
Ordinance and Resolution, Council President Jack Lange on two
separate occasions announced to the public at the meeting that
the thirty (30) minute comment period had concluded unless
someone had something "new" or "different" to say.
16. The pronouncements or announcements made by Council
President Jack Lange as set forth in Paragraphs 13, 14 and 15,
above, were made without objection or contradiction by a
majority of the members of Council.
17. The pronouncement or announcements made by council
President Jack Lange as set forth in Paragraphs 13, 14 and 15,
above, were made on behalf of council and for Council's benefit
for purposes of conducting the public meeting on September 20,
1999.
18. The pronouncements or announcements made by Council
-4-
LAW anic[¦
SNELOAKER.
BRENNEMAN
9 SPARE
President Jack Lange as set forth in Paragraphs 13, 14 and 15,
above, were made at a time when there were more than one hundred
persons present at the meeting, the overwhelming majority of
which were residents and tax payers of the Borough of
Shiremanstown who were interested in the topic of the police
merger.
19. Council President Jack Lange and council violated the
sunshine Act by improperly announcing to the public that public
comment and therefore participation on the topic of the police
merger would be limited to a period of thirty (30) minutes.
20. Council President Jack Lange and Council violated the
Sunshine Act by improperly limiting public comment on the topic
of the police merger for a period of thirty (30) minutes.
21. Council President Jack Lange and Council violated the
Sunshine Act by improperly limiting the subject matter of public
comment to only "new" or "different" comments on the topic of
the police merger.
22. Council violated the Sunshine Act by failing to defer
or continue the public participation and comment period
concerning the police merger to the next regular meeting of
Council or to a special meeting occurring in advance of the next
regular meeting.
23. For the reasons set forth above, council failed to
provide a meaningful and reasonable opportunity at the open
public meeting for the residents and taxpayers in attendance to
comment on matters of concern, official action or deliberation
pertaining to the proposed police merger before Council took
action on the Ordinance and Resolution.
24. It is believed that at least one or more residents or
taxpayers present at the public meeting on September 20, 1999
did not provide public comment to Council on the matter of the
police merger due to the limitations and restrictions placed on
public participation and comment as more fully set forth above.
25. For the reasons set forth above, the actions of
Council, by Council and through council by the actions of
President Jack Lange, were contrary to the intent underlying the
Sunshine Act of curbing the abuse of power by opening the
decision making process to greater public participation,
scrutiny and accountability.
26. The adoption of the Ordinance and Resolution which
pertain to the Borough of Shiremanstown's participation in a
regional police force will in the future and presently has had
substantial and far reaching police coverage and financial
consequences to the residents and taxpayers of the Borough of
Shiremanstown.
27. For the reasons set forth above, it is believed and
uw OPPIC91
SNELOAKER.
BRENNEMAN
6 SPARE
therefore averred that the residents and taxpayers of
Shiremanstown have been harmed by not having the proper notice
of the location of the September 20, 1999 meeting and by not
having the opportunity to participate, without improper or
-6-
unreasonable limitations, in such meeting.
28. For the reasons set forth above, immediate and
irreparable harm not compensable by damages has resulted and
will continue.
29. For the reasons set forth above, greater injury will
be done by refusing an injunction as requested herein than by
granting it.
30. For the reasons set forth above, injunctive relief is
appropriate to abate the improper activities complained of
herein.
31. For the reasons set forth above, the grant of an
injunction will not adversely effect the public interest, but
will restore the status quo.
WHEREFORE, Plaintiff Jo Annette Serluco requests this Court
to:
A. Declare the ordinance enacted and Resolution
passed September 20, 1999 null, void and of no
legal effect;
B. Enjoin preliminarily and thereafter permanently
the participation of the Borough of Shiremanstown
in the Cumberland Metro Police Department;
C. Enjoin preliminarily and thereafter permanently
the expenditure of any and all funds by the
Borough of Shiremanstown for or on account of the
uw OFFICKa
SNELGAEER. Cumberland County Metro Police Department or said
ORENNEMAN
& SPARE
Borough's participation therein;
D. Return the status quo pertaining to the police
department of the Borough of Shiremanstown as it
existed prior to any action being taken by
Council on the ordinance and Resolution;
E. Affirm, restore and vest all powers and duties of
a police department as established pursuant to
the Borough Code in the Borough of Shiremanstown
Police Department subject to such control of the
Mayor and Council as is permitted by law;
F. Award Plaintiff reasonable attorney's fees and
costs of this litigation due to the willful,
wanton disregard of Council of the Sunshine Act;
G. Grant Plaintiff such other relief as this Court
in its discretion deems just and appropriate
under the circumstances.
SNELBAKER, BRENNEMAN & SPARE, P. C.
BY: (6 -
Keith O. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Jo Annette Serluco
Date: October 20, 1999
LAW cII1Qs
SNCLIBAKER.
BRENNEMAN
9 SPARK
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VERIFICATION
I verify that the statements made in the foregoing complaint
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. 54904 relating
to unsworn falsification to authorities.
i /f
.lLaYGO
Jo Annette Serluco
• OCTOBER 20, 1999
uw amen
SN[IBAK[R.
BRKNNKMAN
6 SPARE
EXHIBIT
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Commonwealth of Pennsylvania, County of Dauphin) ss
Mlchael Morrow being duly sworn according to low, deposes and says:
That he is the Assistant Controller of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauphin, Stale of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and
THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street,
In the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established
March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which Is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday and Metro editions/lssues which appeared on the 3rd day(s) of August 1999. That
neither he nor said Company Is Interested in the subject matter of said printed notice or advenising, and that all of
the allegations of this statement as to the time, place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patdot•News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds In and for said County of au hin in Mf cellaneous Book 'M',
Volume 14, Page 317. 1 Z7
PUBLICATION _
COPY Sworn
Notanal
Terry L. Russell,
blemoer, Fernsylvara
day
A.D.
RY PUBLIC
expires June 6, 2002
SHIREMANSTOWN BOROUGH
ATTN: JUDITH BYRA
ONE PARK LANE
SHIREMANSTOWN, PA. 17011
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates $ 456.19
Probating same Notary Fee(s) $ 1.50
Total $ 457.69
Publisher's Receipt for Advertising Cost
THE PATRIOT-NEWS CO., publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
boon duly paid. THE PATRIOT-NEWS CO.
By ....................................................................
EXHIBIT B
COPY
BOROUGH OF SHIREMANSTOWN
CUMBERLAND COUNTY, PENNSYLVANIA
ORDINANCE NO,.,:?-qO --
AN ORDINANCE OF THE BOROUGH OF SHIREMANSTOWN, CUMBERLAND
COUNTY, PENNSYLVANIA, PURSUANT TO THE PROVISIONS OF THE
INTERGOVERNMENTAL COOPERATION ACT PROVIDING FOR ENTERING INTO
A JOINT AGREEMENT WITH THE BOROUGH OF NEW CUMBERLAND AND THE
TOWNSHIP OF LOWER ALLEN FOR THE CREATION AND OPERATION OF THE
CUMBERLAND METRO POLICE DEPARTMENT, THE ESTABLISHMENT OF A
REGIONAL POLICE COMMISSION, THE ORGANIZATIONAL STRUCTURE OF THE
COMMISSION, THE OWNERSHIP OF PROPERTY, THE MANNER OF THE
ASSESSMENT OF COST OF THE POLICE DEPARTMENT AND OTHER FINANCIAL,
BUDGETARY, JURISDICTIONAL, PENSION AND MISCELLANEOUS
ADMINISTRATIVE MATTERS.
WHEREAS, Shiremanstown Borough, the Township of Lower Allen and New Cumberland
Borough desire to enter into an agreement providing for mutual police protection within each of their
respective municipal boundaries by creating a joint police force called The Cumberland Metro Police
Department; and
WHEREAS, such an Agreement is authorized by the Intergovernmental Cooperation Act of July
12, 1972, No. 180, as amended by Act of October 9, 1986, No. 137 (53 P.S. §481, et seq.), and the
Borough Code Act of February I, 1966, No. 581 (53 P.S. §46202) as amended; and
WHEREAS, the Intergovernmental Cooperation Act provides that the municipality shall adopt an
Ordinance authorizing the governing body to enter into an intergovernmental agreement as may be
deemed appropriate for such purposes.
NOW THEREFORE, be it enacted and ordained by the Borough of Shiremanstown in Council
Assembled and is hereby enacted and ordained by the authority the same as follows:
Section I. The Borough of Shiremanstown is hereby authorized to join with the Township of
Lower Allen and the Borough of New Cumberland in accordance with the Pennsylvania
Intergovernmental Cooperation Act of July 12, 1972, No. 180, as amended, (53 P.S. §481, et seq.), by
entering into an Agreement with said Municipalities to provide for mutual police protection within the
municipal limits of each Municipalities, which Agreement shall be adopted by resolution of the Borough
Council of Shiremanstown with the same effect as if it had been set forth verbatim in this section and a
copy of which shall be filed with the minutes of the meeting at which said Agreement is adopted.
EXHIBIT C
C006'57
Section 2. The new police department shall be organized as an unincorporated association and
shall be known as the Cumberland Metro Police Department which shall have a perpetual existence,
unless terminated sooner in accordance with the terms of the Agreement or by an ordinance of the
Borough of Shiremanstown.
Section 3. The Borough Council Shiremanstown hereby expressly delegates to the
Cumberland Metro Police Department all those powers and duties of a police department established
pursuant to the Borough Code, Act of February 1, 1966 (1965 P.L. 1656, No. 581) as amended, 53 P.3.
§46121, et seq. The Cumberland Metro Police Department shall establish and operate a police
department for the purpose of providing protection to persons and properties and the enforcementof the
laws and ordinances of the respective municipalities within the corporate boundaries of Shiremanstown
Borough, Township of Lower Allen and New Cumberland Borough. The purpose and objective of the
Agreement are to provide broader and more comprehensive police protection and law enforcement
services on a more economical basis within the municipal limits of the respective municipalities by
consolidation of their separate police departments into a new joint police department.
Section 4. The Cumberland Metro Police Department is to be financed by annual
appropriations made by each participating municipality towards such total costs in the manner and subject
to the conditions as set forth in the Agreement.
Section 5. The Cumberland Metro Police Department is to be under the supervision and
control of a joint commission to be known as the Cumberland Metro Police Commission consisting of
two (2) appointees of each municipality and a seventh member to be rotated and appointed from the three
(3) municipalities in accordance with the terms of the Agreement.
Section 6. The Agreement shall provide that all the existing property and equipment of each
police department shall be contributed or transferred to the Cumberland Metro Police Commission.
Thereafter all new purchases of property and equipment are to be made and disposed of as provided in
said Agreement.
Section 7. The Cumberland Metro Police Department Commission created pursuant to this
ordinance shall be empowered to enter into contracts for the purchase of property equipment, material and
supplies and shall be authorized to enter into contracts for policies of group insurance, employee benefits,
including social security and pensions for its employees subject to the budgetary restrictions, statutory
provisions and other provisions contained in said Agreement and shall have such additional powers and
authority as are provided for in the said Agreement and are not otherwise contrary to the laws of the
Commonwealth of Pennsylvania.
Section 8. Upon the effective date of the Agreement authorized by this Ordinance or at such
time as the Cumberland Metro Police Department becomes operative as set forth in said Agreement,
whichever shall occur later, the existing Shiremanstown Borough Police Department created pursuant to
the Ordinances of the Borough of Shiremanstown, is abolished and terminated and shall cease to exist as a
separate police department.
COPY
Section 9. All ordinances and parts of ordinances inconsistent herewith be and the same are
hereby repealed.
ENACTED this day of " ' Lz/ C , 1999.
ATTEST:
1 d
dith/F'? Byra, S cr '
APPROVED this day of
BOROUGH OF SHIREMANSTOWN
BY:
?' Jack E. Lange, Presid
1999.
Dean Lebo, Mayor
ee?
a,
i?4S
we
?nect ?? G?-ra!cJ??C-A-? Gam.-
RESOLUTION a -9 9
COPY
WHEREAS the Council of the Borough of Shiremanstown enacted Ordinance No. 330
at its meeting of August 16, 1999; and
WHEREAS the said ordinance was reenacted by the Borough Council on this date; and
WHEREAS the said ordinance provides in Section one (1) that an Agreement
establishing the regional police department is to be approved by the Borough Council and
adopted by resolution; and
WHEREAS the attached agreement entitled Intergovernmental Cooperation Agreement
establishing Regional Police Department has been presented to the Borough Council for
approval,
NOW THEREFORE, BE IT RESOLVED by the Borough of Shiremanstown, in
Council Assembled as follows;
The attached Agreement entitled Intergovernmental Cooperation Agreement
Establishing Regional Police Department is hereby approved.
2. The President and Secretary are authorized and directed to execute the said
agreement on behalf of the Borough.
3. Any changes or amendments to the Agreement shall be subject to approval of the
Borough Council by motion or resolution at a duly scheduled meeting.
Resolved this Iv CJ day of September, 1999.
Attest: Borough of Shiremanstown
i
L
731 '?? ?? L.S.
Se.ret y ` President
UHIBIT D
INTERGOVERNMENTAL COOPERATION AGREEMENT
ESTABLISHING REGIONAL POLICE DEPARTMENT
ac.tsed: 2.30-99
THIS AGREEMENT, made on the day of . by and
amongthe Borough of Shiremanstown, Cumberland County, Pennsylvania, aborough existingunder
the laws of the Commonwealth of Pennsylvania, the Township ofLowerAllen, Cumberland County,
Pennsylvania, a first class township existing under the laws of the Commonwealth of Pennsylvania,
and the Borough of New Cumberland, Cumberland County, Pennsylvania, a borough existing under
the laws of the Commonwealth of Pennsylvania, hereinafter collectively referred to as "the parties"
or the "Municipalities".
WITNESSETH:
WHEREAS, the parties desire collectively to associate themselves together in and by virtue
of this Agreement to create a regional police department and a commission to operate and govern
the department; and
WHEREAS, each of the parties acknowledge increasing population mobility and a
concomitant increase in public safety problems tending to obliterate municipal boundaries in the
enforcement of laws of the Commonwealth of Pennsylvania and the ordinances of the several
Municipalities; and
WHEREAS, there is an urgent need for uniformity and continuity in the enforcement of the
laws of the Commonwealth of Pennsylvania and the ordinances of the several Municipalities; and
WHEREAS, the parties currently operate their own independent police departments; and
WHEREAS, coordination and integration of the exercise and discharge of the police powers
in the Municipalities party to this agreement can be improved and made more cost effective by the
establishment of a regional police department; and
WHEREAS, the governing bodies of the Township of Lower Allen, the Borough of New
Cumberland, and the Borough of Shiremanstown have, by appropriate ordinances, manifested a
genuine interest in safer communities through improved regional police service; and
WHEREAS, the parties have determined that the provision of police service across municipal
lines will increase their ability to preserve and protect the public safety and welfare of all the
residents of the entire area; and
-1-
EXHIBIT E
WHEREAS, the duly elected public officials of the parties desire a full and complete
police program that contains the components of adequate police service; and
WHEREAS, it is the desire of the parties to enter into this Agreement for the purpose of
having available for use throughout the territorial limits of all participating Municipalities a
regional police force under the terms and conditions hereinafter set forth; and
WHEREAS, cooperation among these adjoining and adjacent Municipalities is a proper
exercise and discharge of their governmental powers, duties and functions; and
WHEREAS, the parties enter into this Agreement pursuant to Article 9, Section 5, of the
Pennsylvania Constitution and Act commonly known as the "Intergovernmental Cooperation
Act", 53 Pa. C.S.A., Section 2301 et. Seq.
NOW, THEREFORE, for and in consideration of the mutual promises hereinafter
contained, the parties, intending to be legally bound, agree as follows:
ARTICLE I
FORMATION OF REGIONAL POLICE DEPARTMENT
AND POLICE COMMISSION
SECTION A. Agreement to Cooperate. Pursuant to 53 Pa. C.S.A. Section 2301 et. Seq.,
the parties agree to cooperate and associate themselves together for the purpose of creating a
regional police system.
SECTION B. Formation of Department. The parties also agree to the formation of a
regional police department to be known as the Cumberland Metro Police Department
("Department").
SECTION C. Formation of Commission. The Department shall be under the direction
and control of a joint board to be known as the Cumberland Metro Police Commission
("Commission"), which shall consist and be comprised of representatives appointed by the
Municipalities in accordance with Article III of this Agreement.
SECTION D. Start ate The Commission shall be formed and organized upon
execution of this Agreement by the Municipalities. The Department shall begin operations at
12:01 a.m. on January 1, 2000 ("start date').
.2.
ARTICLE II
POLICE DISTRICT BOUNDARIES
SECTION A. eeeional Police istrict. All mutual municipal boundaries of the parties
shall be obliterated for the purpose of police service so that a single police district comprising the
total geographic area encompassed within the collective political boundaries of the
Municipalities is established, hereafter to be known as the Regional Police District ("Police
District"). The Police District may be expanded, or other districts may be created, to encompass
or include areas within other municipalities that become part of the Department and join or
purchase services from the Commission. The Police District shall be the "primary jurisdiction",
as that tens is defined and used in law, of all officers in the Department.
SECTION B. Authority to Provide Police Services. Subject to the terms of this
Agreement and the limitation set forth in Section C, the Municipalities hereby transfer and
delegate to the Commission their authority to provide police service in the Police District as of
the start date of the Department.
SECTION C. Retention of Police Powers. Officers in the Department shall have full
municipal police jurisdiction and authority. Nothing in this Article or any other provision of this
Agreement shall be construed as divesting officers employed by the Department of extra-
territorial jurisdiction or authority conferred by law or agreement.
The Commission shall furnish to each of the Municipalities the name of all police
officers, and full time community service officers of the Department for the purpose of
deputization of such officer as police officer and community service officer of all Municipalities
appointing such police officer and community service officer. The Municipalities shall so
deputize the police officer and community service officer.
ARTICLE III
REGIONAL POLICE COMMISSION
SECTION A. Commission. The Commission shall have the responsibility and authority
to govern, manage, operate, and administer the Department and provide police services in
accordance with this Agreement and applicable law. The Department and its officers and
employees shall be under the direction, control, and general supervision of the Commission.
SECTION B. Reoreaentatives. The Commission shall consist of, and shall act, conduct
business, and carry out or exercise is delegated powers, duties, responsibilities, and authority
through a joint board of representatives appointed by the Municipalities. The Commission shall
consist of seven (7) representatives. Each Municipality shall appoint two (2) representatives. An
"at large" representative shall be nominated by one of the Municipalities. The "at large" member
must be approved by majority vote of the six (6) representatives approved by the Municipalities.
-3-
The first "at large" representative to be appointed shall be recommended by the Borough of
Shiremanstown, followed by Lower Allen Township and then the Borough of New Cumberland.
If additional municipalities become part of the Department and join the Commission, then each
joining Municipality shall have such representation on the Commission as negotiated and
designated by the existing Commission.
SECTION C. Terms and Appointments. Representatives shall serve a term of three (3)
years, except for the terms of persons initially appointed, which shall be staggered so that the
terms begin on the date of appointment and expire one (1) year, two (2) years, and three (3) years,
respectively, from the start date of the Department. The term of the "at large" representative shall
be three (3) years. Initial appointments shall be made within thirty (30) days of the date of the
execution of this Agreement by the Municipalities. Thereafter, appointments by the parties of
their representatives shall be made during and become effective as of the first municipal meeting
of each calendar year. After expiration of their terms, representatives shall continue to serve
until a successor is appointed.
SECTION D. Oualifications. Each representative shall be a full-time resident or full-
time employe- of the Municipality by which the representative was appointed. At least one (1)
representative of each party shall be an elected official of the Municipality. The at large member
shall be a full time resident of the police district.
SECTION E. Removal, Each representative shall be subject to removal, after due notice,
and after a hearing with an opportunity to be heard, by a majority vote of the governing body of
the appointing municipality, in the following circumstances:
1, Just Cause. Any representative may be removed for just cause.
2. Failure to Attend Meetings, Any representative who fails to attend three (3)
consecutive meetings, of six (6) meetings in any twelve (12) month period,
without reasonable cause or excuse, may be removed.
3. Termination of Residency, Any representative who ceases to be a full-time
resident or full-time employee of the appointment municipality or the police
district may be removed,
SECTION F. Vacancies, Each Municipality shall appoint a successor to the unexpired
term of any of its representatives in the event of a vacancy or resignation.
SECTION G. Officers and Committees. Officers of the Commission shall be a
Chairman, Vice-chairman, Secretary, Treasurer, and such other officers as the Commission may
deem necessary. The Commission may establish or organize itself into such committees as it
sees fit to cant' out its duties.
.4.
SECTION H. Rules. The Commission shall adopt or promulgate written rules and
policies to govern its operation, establish procedures for the conduct of its meetings, and
prescribe the duties of its members and officers.
ARTICLE IV
MEETINGS
SECTION A. Regular Meetings, The Commission shall meet at least monthly for the
purpose of conducting the business of the Commission and may meet at such other times as it
deems necessary. Meetings shall be scheduled and conducted in compliance with the "Sunshine
Act". 65 P.S. Section 271 et. Seq., as amended from time to time. The first meeting of each year
shall be the annual reorganization meeting for the purpose of electing officers for a one (1) year
term and conducting annual reorganization business.
SECTION B. Soecial Meetings. Special or rescheduled regular meetings may be called
by the chairman or vice chairman and shall be called at the written request of any five (5) or more
members of the Commission. The call and the request, if any, shall state the purpose of the
meeting. The meeting shall be held at such date, time, and place as shall be given in written
notice at least three (3) days prior to the day named for the meeting to each member of the
Commission who does not waive such notice in writing. All such waivers shall be in writing.
SECTION C. Ouorum. Voting. Each Commission member shall have one (1) vote. A
majority of the members of the Commission shall be necessary to constitute a quorum for the
transaction of business, and the acts of a majority of the members present at a meeting at which a
quorum is present shall be the action of the Commission. Voting on all questions shall be taken
by a show of hands or voice vote, provided, however, that the chairman may on the chair's own
motion, or shall, at the request of any member, cause a vote to be taken by roll call.
SECTION D. Minutes, The Commission shall maintain accurate Records and minutes of
all regular and special meetings. Once approved, such minutes shall, at reasonable times, be
open for inspection in accordance with the provisions of the Right-to-Know Act, 65 P.S. Section
66.1 et. seq.
ARTICLE V
COST ASSESSMENT
SECTION A. Funding, The Department and Commission shall be funded primarily
through annual assessed contributions from the Municipalities, initial assessments to new
members, and supplemental funding as may be available from time to time from local, state,
federal, and other sources.
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SECTION B. Apportionment Formula. Annual assessed contributions for Municipalities
shall be determined by the Commission based on the total net cost for providing police services
pursuant to the apportionment formula set forth in this Section B.
A. Cost Sharing. All costs for providing police service, including, without limitation,
administrative costs, employee payroll and benefits, vehicle and headquarter
operating expenses, and other costs for operating the Commission and Department
shall be apportioned to each Municipality as follows:
a. Building Costs. If the Municipalities and/or Commission enter into a
lease-purchase agreement or acquire and improve real estate for the
Central Headquarters of the Department, then the building costs, as that
term is hereafter defined, shall be apportioned between the parties u
follows: Lower Allen Township, 69.81%, New Cumberland Borough,
25.77%, and Shiremanstown Borough, 4.42%. If a municipality desires a
"satellite office" in its municipality, then the cost of that facility shall be
apportioned to that municipality.
b. operational Costs. Operational costs, as that term is hereafter defined (or,
if the preceding section is inapplicable because the parties neither acquire
real estate nor enter into a lease purchase, then all costs), shall be
apportioned using a formula based on the number of incidents. During the
first three (3) years of operation, the percentage of contribution each
municipality shall be as follows: Lower Allen Township, 69.81 %, New
Cumberland Borough, 25.77%, and Shiremanstown Borough, 4.42%.
1. Definitions.
a. Incidents,
(I) Definition, The term "incident", shall mean a matter or service
that results in at least two (2) of the following:
(a) a police response;
(b) a written report; or
(c) the assignment of a case number.
The Chief shall have the responsibility to track and tally incidents
occurring in each municipality and shall report the number of incidents on a
monthly, quarterly, and yearly basis to the Commission. This definition shall be
used unless and until modified in accordance with subparagraph (2) below.
.6.
(2) Review and Modification. The mat etarlierlabthe
reviewed every three (3) years and may be reviewed
written request of any municipality. For the triennial reviews, each
municipality shall provide written notice of its acceptance or desire
to amend the definition then being used. If modification is
requested, the notice shall include a statement of the desired
amendment. Similarly, a request to review shall include the
modification desired by the requesting party. When modification
is requested, the parties shall meet with the Commission and Chief
in an attempt to negotiate an amended definition. If the parties
cannot unanimously agree on a revised definition, the definition
will be determined by the Pennsylvania Department of Community
and Economic Development, Center for Local Government
Services ("DCED"). It is the intent of the Municipalities that any
revised or modified definition fairly reflect the amount of police
activity necessary in each municipality to adequately provide the
police services required by the Agreement.
A new or modified definition may only be applied prospectively at
the beginning of a fiscal year and may not be implemented during
any budget year in which a prior definition is already being used.
(3) App 'cat o For the purpose of determining the number of
incidents and the percentages derived therefrom, shall all be
calculated by averaging the number of incidents in each
municipality for the three years immediately preceding the year in
which the formula will be used to apportion costs. In the first year,
the number of incidents shall be the number of incidents listed in
the feasibility report previously prepared for the Municipalities by
DCED. Thereafter, a running average will be used until a three-
year history is available.
b. l3uildina Costs_• The term "building costs", as used in the formula, shall
mean and include only:
(I) original costs incurred by the Commission and the Municipalities
in the acquisition of real estate for and/or the construction or
renovation of the initial Central Headquarters of the Department;
and
(2) if the Municipalities and/or the Commission enter into a lease-
purchase agreement for the Central Headquarters, then all rental
and purchase payments under the agreement.
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The term does not include payments made under a lease that does not
constitute a lease-purchase agreement and shall not include maintenance,
utility, and insurance costs. These costs constitute operational" costs as
that term is defined below.
C. Qperational Costs. The term "operational costs", as used in the formula,
means all costs of operating the Commission and Department that are not
"building costs" as that term is defined above.
SECTION C. New Member Admission Fee, Any new member joining the Commission
and Department shall be required to pay to the Commission a non-refundable admission fee in an
amount determined by the Commission. Said fee must be paid by a new member before its
membership becomes effective.
ARTICLE VI
FINANCES
SECTION A. Budget, The budget for each calendar year shall be prepared, submitted,
approved, and adopted in accordance with the provisions of this section.
1. Budget Submission. Each year, the Commission shall prepare and approve, by a
majority vote, a proposed annual budget. The Budget shall be submitted to the
Municipalities for consideration and approval no later than September I of the
year imm:diately preceding the fiscal year for which the budget is proposed.
2. Municipal Approvals. By November 1, each municipality shall provide written
notice to the Commission and all other parties of its approval or disapproval of the
proposed budget. Notice of disapproval shall state with particularity the reasons
for disapproval and identify the line-items and other portions of the budget with
which the Municipality disagrees. A municipality that fails to give written notice
of approval or disapproval by November I shall be deemed to have approved the
proposed budget.
3. Adoption, After notices are given or approvals are deemed, the adoption process
shall be as follows:
Approval by All Municipalities, If all Municipalities approve the
proposed budget, then the Commission shall adopt the budget as submitted
and approved.
.g.
2. Approval by One or Two Municipalities. If at least one, but not all of the
Municipalities approve the proposed budget, then any party may request a
budget meeting by sending a written request to the Commission and all
other Municipalities no later than October 15. If a request is sent, the
Commission and the Municipalities shall meet at least once, and may hold
as many additional sessions as they may agree; provided, however, that all
meetings must be concluded by November 15.
(1) Revisions, If meetings are held and result in a revised budget that
is approved by all Municipalities, the Commission shall adopt the
budget as revised and unanimously approved.
(2) No Meeting or Agreement on Revisions. If no request to meet is
sent, or if meetings do not result in a revised budget that receives
unanimous approval, the Commission shall adopt the proposed
budget subject to the following limitations:
(a) if two Municipalities approved the proposed budget, the
final budget shall not exceed an amount equal to sum of
i. the prior year's budget, plus
ii. five (5%) percent for non-salary items, plus
iii. increases required by the police collective
bargaining unit agreement for the fiscal year in
which the budget will be implemented.
(b) if only one Municipality approves the proposed budget, the
final budget shall not exceed an amount equal to sum of
I. the prior year's budget, plus
H. Three (3%) percent for non-salary items, plus
iii. increases required by the police collective
bargaining unit agreement for the fiscal year in
which the budget will be implemented.
No Municipal Approvals. If no Municipality approves the proposed
budget, then the Commission shall submit a revised budget by November
15. At or before its first municipal meeting in December, each
Municipality shall send written notice to the Commission and all other
parties of its approval or disapproval of the revised budget. If at least one
Municipality approves the budget, then the budget shall be adopted in
accordance with the provisions of paragraphs 3a, or 3b(2)(a), or 3b(2)(b)
of this Section. If no Municipality approves the revised budget, the parties
received and agreement is not reached by December 31, the budget shall
be deemed to be an amount equal to the prior year's budget plus increases
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4. Adoption Deadline. In all cases, the Commission shall adopt the budget no later than
December 31, of the year immediately preceding the fiscal year in which the budget
will be implemented.
5. Building Costs as that term is defined and used in Articles V and X, shall not be
paid from the budget. Each Municipality shall be individually responsible for its
share of the "building costs" and shall make its payments relating to building costs
directly to the person or entity to whom the payment are owed. These costs shall be
apportioned between the parties as follows: Lower Allen Township, 69.81%, New
Cumberland Borough, 25.77%, and Shiremanstown Borough, 4.42%. If for
auditing, accounting, or other official purposes, "building costs" are required to be
shown in the Commission's budget and reports, the building costs shall be listed in
a separate category and, if necessary, a note stating that the costs are paid by the
Municipalities shall be added.
SECTION B. E.avment to Commission. Each municipality shall pay to the Commission
proportionate shares of the annual budget appropriations monthly on the first day of each month for
the year. A penalty fee of 1.50% per month (10% annually) shall be imposed upon the monthly
payment of any municipality whose payment is not received the Commission by the tenth day of the
month.
SECTION C. ' ca ear The fiscal year of the Department shall be January I through
December 31.
SECTION D. Dank Deposits. All monies of the Commission or Department, from whatever
source derived, shall be paid to the Treasurer of the Commission. Said monies shall be deposited
by the Treasurer in a separate account in a bank located in the Police District. Monies shall be
invested in accordance with Commission Policy, pending disbursement for services. The account,
to the extent the same is not insured, shall be continuously secured by a pledge of direct obligations
of the United States, the Commonwealth of Pennsylvania, or the Municipalities, having an aggregate
market value at all times at least equal to the balance on deposit on such an account. The monies
in said account shall be paid out on the warrant or other order of the Treasurer, or of such other
person as the Commission may authorize to execute such warrants or orders. The Treasurer shall
give bond in such sum as approved by the Commission, and the premiums shall be paid by the
Commission.
SECTION E. Annual Resort Audit By April 15 of each year, the Commission shall file
an annual written report with the Municipalities covering its operations and the police work of the
Department. At minimum, the report shall summarize the activities of the Department, note any
crime trends, set forth by municipality and initial the number and types of incidents and any trends
related thereto, make recommendations for improving police service, and propose capital
improvements, expenditures, and manpower allocations for subsequent years. The Commission shall
have its books, accounts, and records audited annually by a Certified Public Accountant. A copy of
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the audit report shall be attached to, and be made a part of, the annual report. A concise financial
statement shall be publicized annually, at least once, in a newspaper of general circulation in the
participating Municipalities. If the Commission fails to make such an audit, then the auditors or
accountants designated by any one or all of the participating Municipalities shall be authorized from
time to time to examine the books of the Commission and Department, including their receipts,
disbursements, sinking funds, investments, and any other matters relating to their financing and
affairs. The Attorney General and also Auditor General of the Commonwealth of Pennsylvania shall
have the right to examine the financial books, accounts, and records of the Commission.
SECTION F. Monthly and Quarterly Reports. The Commission shall submit monthly
reports to the Municipalities. The form and content of the reports shall be developed by the
Commission subject to approval by the Municipalities. At minimum, the reports shall summarize
the activities of the Department and list, by Municipality, the number of incidents (as defined in
Article V, Section B) occurring in each Municipality during the month. The Commission shall also
submit to the Municipalities quarterly budget reports and financial summaries.
SECTION G. Revenues and Fund Balance. Monies collected for fines, parking fines and
traffic violations will be forwarded to the individual Municipalities in whose jurisdiction the
fines/violations occurred. These monies shall be considered Commission revenues and used to
reduce the assessments for the Municipalities for which they were collected. Regional police
revenue will include charges for fingerprinting, sale of accident reports, and private donations. The
Commission will apply for all available federal and state grants, including FAST Cops, D.A.R.E.,
and Regional Police Assistance grants.
Department reimbursements will include Drug Task Force, Attomey General Special
Operations, County DUI Checkpoints, and Heart and Lung.
A operating reserve fund balance of approximately one month's expenditures will be built
up over a five year period to aid in covering unanticipated expenditures.
A Capital Improvement Fund of at least 5% ofyearly expenditures will be built up over a five
(5) year period and maintained thereafter.
SECTION H. Startup Costs. Startup costs consisting of legal fees, building costs,atbitrstian
and all other costs necessary to begin operations will be shared on a percentage basis by the
Municipalities as follows: Lower Allen Township, 69.81%, New Cumberland Borough, 25.77%,
and Shiremanstown Borough, 4.42%.
ARTICLE VII
JURISDICTION AND POWER
SECTION A. Resnonsibiliw Jt!?sdictni and Authority. The Commission shall have the
responsibility, jurisdiction, and authority to supervise and direct all police activities of the
Department and shall provide police services as required in the Police District. The services shall
include, without limitation, investigation of all crimes and complaints, enforcement of laws and
ordinances, and all other law enforcement services that are normally provided by a municipal police
agency or are necessary to preserve the peace.
SECTION B. 4unervision. The Department's sworn police officers and civilian personnel
shall be under the direct supervision of a regional Chief who shall be the Department's highest
ranking officer. The Chief shall report and be responsible to the Commission.
SECTION C. Personne_ l L All appointments, removals, promotions, and suspensions
shall be made by the Commission pursuant to uniform policies established by the Commission. The
Commission shall make uniform policies on wages, hours, and conditions and terms of employment
and other matters releting to effective police service, consistent with the laws of the Commonwealth
of Pennsylvania and Civil Service Rules and Regulations. The Commission shall adopt a written
personnel policy covering all the sections of this Article and make same available for distribution
to the parties to this Agreement.
SECTION D. Powers, The Commission shall have the responsibility, for and jurisdiction
to perform all, actions customary and appropriate to provide police services to the Municipalities and
Police District in accordance with this Agreement and applicable law. In order to carry out these
responsibilities, the Municipalities, subject to the terms of this Agreement, grant and delegate to the
Commission the functions, powers, and responsibilities they have with respect to the operation,
management, and administration of a municipal police department as well as the express authority
to:
1. lease, sell, or purchase real estate, subject to the unanimous approval of the
municipalities;
2. lease, sell, or purchase personal property;
3. enter into contracts for purchase of goods and services, and collective bargaining
agreements;
4. hire, fire, suspend, promote, demote, discipline, set salaries and otherwise deal with
employees;
5. serve as a hearing body,
6. establish and maintain bank accounts and other financial accounts;
7. invest monies;
8. borrow monies;
9, establish, enter into contracts for, and fund policies of group insurance and employee
benefit programs, including social security and pension funds;
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10. delegate any of its powers, expressed or implied, to the Police Chief or his next in
command, in the discretion of the Commission;
II. obtain legal, accounting and other professional services;
12. bargain with police officers; and
13. swear-in officers and cause oaths of office to be administered.
In addition, the Commission shall have the authority necessarily implied and incidental to
carrying out its purposes in providing police services and protection to the Police Department.
SECTION E. Codes and Laws.
1. Intergovernmental Coooeration Act. The Commission shall be bound by the
provisions of the "Intergovernmental Cooperation Act", 53 Pa. C.S.A. Section 2301
et. Seq., and the terms of this Agreement, which is entered into under authority of the
Act.
2, cove mm Law. The Commission shall be bound by the provisions of all laws, both
state and federal, which are applicable to the employment of police officers in
Boroughs and First Class Townships, and shall retain any and all defense with
respect thereto granted or created by statute, case law, or common law. The
Commission shall specifically be bound by the Civil Service Provisions of the First
Class Township Code. Notwithstanding any other provision of this Agreement, any
modification to this Section shall only be made in accordance with such laws. The
Cumberland Metro Police Commission shall abide by the provisions of 2 Pa. C.S.A.
101 et seq., commonly known as the Local Agency Law.
3. Records Documents and Meetings. The Commission shall be bound by the general
laws relating to public records, documents, meetings, and hearings that are applicable
to the Municipalities, including the "Sunshine Act", 65 P.S. Section 271 et. seq., the
Pennsylvania Right-to-Know-Act, 65 P.S. Section 66.1 et. seq., and the Local
Agency Law, 2 Pa. C.S.A. Section 101 et. seq.
ARTICLE VIII
PENSIONS
SECTION A. penslgn Fund. Each Municipality will transfer their uniform and non-uniform
pension plan assets for employees which transfer to the Department into a combined plan and will
remain liable for any unfunded liability portion of their individual plan(s). In addition, on a yearly
basis each municipality will request state aid for their prorata share of the annual minimum
municipal obligation. The Department may exercise the option to lease non-uniform employees
from participating municipalities.
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The timing, method, and procedure for the merger and creation of the regional pension
system shall be accomplished in accordance with a plan developed by the actuary consultant and
other pension experts hired by the Commission and under applicable law. The Municipalities agree
to cooperate with each other and the Commission in the creation of the regional pension plan and
to execute any documents and adopt any ordinances that may be necessary to create the new plan and
achieve the purpose and intent of this Article.
Upon creation of the new regional pension plan and transfer of assets and liabilities, the
Commission shall assume full responsibility for the accrued pension liability attributable to its
officers who, as of December 31, 1999, had been police officers and non-uniformed employees
employed by one of the Municipalities. The Commission shall indemnify and hold harmless the
Municipalities from any and all claims made against them by any police officer, their heirs,
executors, and administrators based on said accrued pension liability.
The funds from the Foreign Casualty and Insurance Company (Act 205,1984, P.L. 1005, 53
PS Sec. 895.101 et. seq., or any other act subsequently enacted) distributed to the Municipalities by
the Commonwealth of Pennsylvania may be forwarded by the Municipalities for the purposes
authorized under such act governing the operation of the police pension funds, the amount credited
against proportionate shares of total costs to be paid by the Municipalities, to the extent that the
police pension fund is fully funded.
SECTION B. isso ut'on In the event of dissolution, pension assets shall, to the extent
permitted by applicable law, be distributed as follows:
1. Accrued Liability. A municipality hiring officers who, at the time of dissolution,
were members of the Department and participants in the regional pension plan shall
assume full responsibility for the accrued pension liability attributable to such
officers. The commission shall turn over to that Municipality from the regional
pension plan a sum sufficient to fund the accrued liability assumed by the
municipality. The amount tendered shall be used to fund the assumed pension
liability of officers hired and for no other purpose. Upon the assumption of accrued
pension liability, the municipality receiving funds shall indemnify and hold harmless
the Commission from any and all claims made against them by any police officer,
their heirs, executors, and administrators based on said accrued pension liability.
2. Unencumbered Funds. The Commission shall distribute remaining unencumbered
assets of the regional pension fund, or any portion thereof which the Commission is
permitted by law to transfer, to the Municipalities in the same proportion that the
Municipalities contributed assets to the regional plan at the time it was created.
Provided, however, that before such distribution may be made, each Municipality
hiring former regional police officers and plan participants shall first receive a sum
sufficient to fund the accrued liability it has assumed for such officers. This
distribution of pension funds under this subparagraph shall be determined solely by
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the actuarial consultant for the regional pension plan at the time of dissolution.
ARTICLE IX
CONTRIBUTION OF PROPERTY AND EQUIPMENT
All police equipment, materials, and supplies of the parties' existing municipal police
departments, including, but not limited to, vehicles, weapons, computers, communications
equipment, furniture, and other personal property (hereinafter "property'l, which are usefw to the
regional operation, shall be inventoried and offered to the Commission. Each municipality shall
submit a list of its property to the Commission. The Commission shall decide which property it
desires to utilize and said items shall be transferred by the Municipalities to the Commission for use
by the Department effective January 1, 2000. Items transferred shall become the property of the
Commission and shall be conveyed "as is". Items transferred shall be listed and recorded at fair
market value, based on current prices in this region for like property. The Municipalities shall agree
on the value of items transferred. If the Municipalities cannot agree, then the values shall be
determined by qualified appraisers selected by the Commission. The Commission shall provide each
municipality with a complete list of all items transferred and their recorded values.
ARTICLE X
POLICE HEADQUARTERS AND REAL ESTATE
SECTION A. Location, The regional police headquarters ("Central Headquarters") shall be
located within the Police District as determined by the Municipalities and the Commission.
SECTION B. 4Agmement to Provide Headquarters. The parties shall lease, purchase,
construct, or renovate a suitable Central Headquarters for the Commission and Department. The
cost, type of interest acquired, and the nature and language of agreements entered into with third
parties shall be determined by unanimous agreement of all Municipalities. With respect to the type
of interest acquired, the following shall apply:
Purchase of Real Estate. If the Municipalities purchase real estate and constructor
renovate the Central Headquarters, then:
a. O e . The Municipalities shall each own their percentage interest in
the real estate. The parties hereby waive any right or remedy they have as co-
tenants to partition or divide the property, seek equitable or legal rent from
each other, or assert any similar remedy, and in substitution of remedies
otherwise available at law or in equity agree that the withdrawal and
dissolution provisions of Articles XVII and XVIII shall be their sole and
exclusive remedies against each other as co-tenants. The deed under which
the Municipalities hold title shall state that the parties' respective interests in
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the real estate are subject to the terms and conditions of this Agreement. On
withdrawal, the withdrawing Municipality shall cease to have any ownership
interest or right to use the Central Headquarters and shall deed its interest in
the property to the remaining municipalities. Other terms of withdrawal are
set forth in Article XVII. The Municipalities shall not mortgage, pledge, or
otherwise encumber the real estate or their respective interests in the real
estate.
b. Payment, The original cost to acquire, construct, renovate, or otherwise
improve the real estate that will be used as the initial Central Headquarters
shall constitute building costs: as that term is used and defined in Articles
V and VI. Each Municipality shall be responsible for paying and providing
their percentage share of the total project cost for acquisition and
improvement. If any Municipality borrows money to pay its share of the cost,
the loan or other debt service shall be taken out or incurred only in the name
of the Municipality that is incurring the debt. Payment of individual loans or
other debt obligations shall be the sole responsibility of the Municipality
borrowing funds. The real estate comprising the Central Headquarters shall
not be mortgaged or pledged as security for any municipal loan or debt
obligation.
2. Lease Purchase. If the parties and/or Commission enter into a lease-purchase
agreement for the Central Headquarters, the Municipalities shall be named as and
deemed to be equal co-tenants. Payments under the lease-purchase agreement shall
constitute "building costs": as that term issued and defined in Articles V and VI.
Each Municipality shall pay and be responsible for their percentage share of all
payments under the agreement. If the parties acquire title to the property pursuant to
the terms of the lease-purchase agreement, then the joint ownership provisions ofthis
Agreement shall apply. Any option that may be exercised prior to the end of the term
of the lease-purchase agreement shall be exercised only by the unanimous agreement
of the Municipalities. On withdrawal, the withdrawing municipality's payment
obligations will become the obligation and responsibility of the remaining
Municipalities. The withdrawing municipality shall cease to have any interest in the
lease-purchase agreement and real estate and shall not be entitled to reimbursement
of any monies paid under the lease-purchase agreement prior to withdrawal.
3, ease. If the Municipalities enter into a lease that does not consdtute a lease-
purchase agreement, then the lease or rental payments shall constitute "operational
costs" as that term is used and defined in Article V. The Municipalities shall be
equal co-tenants. On withdrawal, the withdrawing municipality shall remain
responsible for its share of lease or rental payments, in the same portion as its
funding assessment (as calculated pursuant to Article V) in the year of withdrawal,
for a period of two (2) years.
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3. ea e. If the Municipalities enter into a lease that does not constitute a lease-
purchase agreement, then the lease or rental payments shall constitute "operational
costs" as that term is used and defined in Article V. The Municipalities shall be
equal co-tenants. On withdrawal, the withdrawing municipality shall remain
responsible for its share of lease or rental payments, in the same portion as its
funding assessment (as calculated pursuant to Article V) in the year of
withdrawal, for a period of two (2) years.
SECTION C. Right to Use. No matter what type of interest is acquired in the
Central Headquarters, the Commission and Department shall have the right to use the Central
Headquarters for as long as the Commission and Department remain in existence. If the
municipality in which the Central Headquarters is located withdraws from the Commission and
Department, the Commission, Department, and remaining Municipalities shall have the right to
use and exercise police powers, authority, and jurisdiction at the Central Headquarters and on the
real estate on which the Central Headquarters is located. The withdrawing Municipality shall be
obligated to execute any documents and agreements and adopt any ordinances and resolutions
necessary to authorize the Commission and Department to exercise such police power,
jurisdiction, and authority within its jurisdiction.
ARTICLE XI
POLICE RECORD SYSTEM
Under the direction of the Commission, the Department shall establish and control a
complete and up-to-date uniform police record system after first assembling all records of the
existing Municipal police departments.
ARTICLE XII
INSURANCE AND IMMUNITY
SECTION A. nsumnce. Waiver of Claims. The Commission shall maintain adequate
liability insurance coverage against claims arising out of the activities of the Commission and
Department. The Commission and Municipalities shall be named as named insureds on all
liability insurance policies. Each Municipality hereby waives any and all claims and causes of
action against the Commission and all other parties to this Agreement that may arise out of their
police activities or the activities of the Commission and Department. The Commission and the
Municipalities shall cause any insurance policy providing liability coverage against claims
arising out of their police activities to contain a waiver of subrogation clause or endorsement
under which the insurance company waives its right to subrogation against each party to this
Agreement as to any and all causes of action or claims that may arise out of police activities
hereunder.
-17-
SECTION B. Immunity. The police services performed and the expenditures incurred
under this Agreement shall be deemed for public and governmental purposes, and all immunities
from liability enjoyed by each Municipality within its boundaries shall extend to it participation
and police service outside its boundaries. Similarly, as a matter reciprocal to the responsibilities,
duties, authority, and jurisdiction delegated under the Agreement, the Commission, the
Department, and their employees and officers shall have the same immunities from liability, the
same limitations on damages, and the same rights, protections, and benefits as the Municipalities
and officers in individual Municipal police departments have under all applicable laws.
SECTION C. Proportional Liability. For purposes of liability in actions arising out of
regional police services or the activities of the Commission and Department that are not covered
by insurance protection, the Municipalities shall be liable in the same proportion as their funding
assessment (calculated pursuant to Article V) in the year in which the event giving rise to
liability occurred. This provision does not and should not be construed as expanding the liability
of the Commission or the Municipalities. All immunities, limitations on liability and damages,
protections, and defenses under the laws of the United States and of the Commonwealth of
Pennsylvania shall apply and are expressly preserved.
ARTICLE XIII
JOINDER OF ADDITIONAL MUNICIPALITIES
SECTION A. New Members. Additional municipalities may become parties to this
Agreement upon application to and acceptance by the Commission, approval by all the
participating Municipalities, payment of the admission fee, and formal acceptance by the
applicant Municipality of the provisions of this Agreement, as amended, an all other governing
documents.
SECTION B. Sale of Police Services. The Commission may permit the purchase of
police services by nonparticipating Municipalities on terms established by the Commission.
ARTICLE XIV
ACCRUED LEAVE
Each Municipality shall be responsible for any accrued vacation and/or sick leave
payments, payments in lieu of health plan participation, etc., due to its police officers for service
with the Municipality through December 31, 1999. These payments shall be satisfied prior to the
start date of the Department, or the Municipality may have the option of banking such funds and
carrying over such payments.
-18-
ARTICLE XV
INTERPRETATION OF AGREEMENT
SECTION A. Informal Dispute Resolution. All disputes arising out of interpretation of
this Agreement shall be resolved by the Commission, and if the dispute is not resolved within
thirty (30) days, then by a vote of the Municipalities, each body casting one vote as determined
by a majority in each governing body within the next thirty (30) days.
SECTION B. Judicial Dispute Resolution. The above non-binding, internal method of
dispute resolution shall be mandatory and shall be deemed a condition precedent before any
municipality may institute a suit or claim in any Pennsylvania court of competent jurisdiction, the
right to institute suit being expressly reserved by each parry.
ARTICLE XVI
TERM
SECTION A. Term. The initial term of this Agreement shall be for a period
commencing with the execution of the Agreement through December 31, 2003. The Agreement
shall thereafter renew automatically from year to year subject to termination, or amendment, by
vote of two third (2/3) of the Municipalities, and in the event of termination, said two-thirds (2/3)
vote occurring at least one (I) year in advance of the effective date of termination.
SECTION B. Agreement Not Io Withdraw. By accepting and signing this Agreement,
each parry expresses its belief that a regional police department is in the best interest of the
member Municipalities. As a result, and because of the great amount of time, dedication, and
cost expended in the formation of the Commission and Department, the parties commit not to
withdraw or institute dissolution proceedings during the initial term of this Agreement.
ARTICLE XVII
WITHDRAWAL
SECTION A. W't drawal After the initial term of this Agreement, a Municipality may
withdraw from the Commission and participation in the Department by giving written notice of
its intent to withdraw, by certified mail, return receipt requested, to the Commission and all other
parties at least one (l) year prior to December 15 of the year preceding the year in which the
withdrawal is to be effective. If notice of a Municipal's intent to withdraw is timely sent, such
withdrawal shall be effective January 1 of the second following year.
-19-
SECTION B. Dissolution, The withdrawal of less than two-thirds (2/3) of the
participants at any given effective date shall not work a termination or dissolution of the
Commission and Department. In the event that a Municipality withdraws while there are only
two (2) Municipal participants, the withdrawal shall constitute a dissolution.
SECTION C. Payments and Obligations on Withdrawal.
4. Costs of Withdrawal. The actual and identifiable costs of withdrawal, including
but not limited to appraisal, transfer, and recording costs, which are directly or
indirectly attributable to the withdrawal, shall be the responsibility of the
withdrawing municipality. The withdrawing municipality shall pay or reimburse
the costs directly to the Commission or may elect to have the costs deducted from
the amount it receives under paragraph 2 below.
5. Value of Contributed Prooertv. The withdrawing municipality shall receive, in
cash or in kind at the option of the Commission, an amount equal to the recorded
fair market value of the property it transferred and contributed to the Commission
in accordance with Article IX. Property transferred by the Commission in-kind to
satisfy this obligation shall be valued, in the manner stated in Article DC, as of the
effective date of withdrawal. Any cash payment shall be made at the time of
withdrawal.
6. Real Estate. If, at the time of withdrawal, the Municipalities jointly own real
estate that is used as the Central Headquarters of the Department, the following
shall apply:
a. uv-Out The remaining Municipalities shall pay the withdrawing
Municipality an amount equal to the e e of
(1) the withdrawing Municipality's percentage share of the original
cost (not including loan or debt service transaction costs or
subsequent debt service payments)to purchase the real estate and
renovate or build the initial Central Headquarters; or
(2) share of the fair market value of the real estate at the time of
withdrawal.
b, Payments, Payment shall be made in consecutive, quarterly installments,
without interest, over a period determined by the remaining
Municipalities, not to exceed ten (10) years. Payments shall begin ten (10)
years from the date the Central Headquarters was first occupied or six (6)
months after withdrawal, whichever is later. In the event of dissolution of
the Commission and Department after the withdrawal of a party, payment
of any balance due to the withdrawing Municipality shall be made on the
-20.
same basis as if the withdrawing Municipality were still a participating
Municipality at the time of dissolution.
C. Interest in Real Estate. As of the date of withdrawal, the withdrawing
Municipality shall cease to have any interest in the real estate. The
withdrawing Municipality shall deed its interest in the real estate to the
remaining Municipalities.
Lease Purchase. If the Commission and the Department are using and occupying
the Central Headquarters under a lease-purchase agreement entered into by the
Commission and/or Municipalities, the withdrawing Municipality's interest in the
agreement and its tenancy and right to use the real estate shall cease as of the date
of withdrawal, and the Municipality shall not longer have any obligation to make
payments under the agreement. The withdrawing Municipality shall not be paid
or reimbursed for any payments made under the lease-purchase agreement prior to
withdrawal.
g. ease If the Commission and Department are using and occupying the Central
Headquarters under a lease entered into by the Commission and/or Municipalities
that does not constitute a lease-purchase agreement, then the withdrawing
municipality's interest in the lease and its tenancy and right to use or occupy the
real estate shall cease as of the date of withdrawal. However, its obligation to
make lease or rental payments under the lease shall continue for two (2) years.
The withdrawing Municipality shall not be entitled to be paid or reimbursed for
any payments made under the lease prior to withdrawal.
ARTICLE XVIII
TERMINATION AND DISSOLUTION
SECTION A. Termination. Dissolution. Vote. After the initial term of this Agreement,
any party may institute dissolution proceedings by obtaining a vote of two-thirds (2/3) of the
Municipalities who are then parties to this Agreement not less than one year in advance of the
effective dissolution date.
SECTION B. Dissolution Procedures. In the event of dissolution, all facilities, real
estate, vehicles, equipment, materials, supplies, and other property acquired and accumulated by
the Commission and Department, shall be appraised by appraisers appointed by the Commission
for purposes of determining the fair market value of such assets. Thereafter, within three (3)
months:
A. The Commission shall first pay all lawful debts and obligations incurred during its
tern of existence, including the costs of dissolution.
-21-
B. Any remaining cash, and all vehicles, equipment, materials, supplies, and other
property (except real estate) shall be distributed, in cash or in kind, to the
Municipalities in the same proportion as each party's "funding assessment", as
that term is defined in subsection (e) below. If an equitable in-kind distribution
cannot be agreed upon by the Municipalities, all or any portion of the property
shall be liquidated and the proceeds distributed as aforesaid.
C. All real estate owned by the Commission and/or jointly by the Municipalities
pursuant to this agreement shall be sold. The Municipalities shall have ninety
(90) days in which to reach unanimous agreement on a purchase by one of them or
on the terms of a public or private sale. If no agreement is reached, then the
Commission, acting as the parties' agent, shall sell the real estate in accordance
with applicable law. All proceeds of sale shall be distributed to the Municipalities
in equal shares.
D. Each Municipality shall be responsible for all remaining debts, obligations, and
unfunded or contingent liabilities of the Commission and Department in the same
proportion as its "funding assessment", as defined in subsection (e) below.
E. For the purposes of these dissolution procedures, the Municipalities' "funding
assessment" shall be determined by averaging the funding assessments calculated
under Article V for cost-sharing purposes in the three (3) years immediately
preceding the effective date of dissolution.
SECTION C. Cessation of Department and Commission. The Department shall
disband and cease operation as of the effective date of dissolution, at which time each
Municipality shall be responsible for providing its own police protection. The Commission shall
remain in existence until it winds up its affairs and completes the dissolution procedures
specified in Section B above.
SECTION D. WITHDRAWAL OF A MUNICIPALITY. If at any time a Municipality
withdraws from the Commission, or the police force is disbanded, Ivtunicipality(ies) shall, within
thirty days thereafter, establish a municipal police department to provide services as prior to the
passage of this Agreement. Any police officer employed by a Municipality prior to the passage
of this Agreement and maintaining employment with the Department as of withdrawal or
dissolution, shall be extended an unconditional officer of employment under the same terms and
conditions of employment existing at the time of withdrawal or dissolution.
-22-
ARTICLE XIX
ADOPTION OF AGREEMENT
SECTION A. Ordinance, The Municipalities shall advertise and adopt an ordinance
authorizing acceptance and adoption of this Agreement, each providing for all action necessary
for participation in the Commission. Prior to the start date, each municipal party shall advertise
and adopt an ordinance abolishing its individual police department.
SECTION B. Compliance with Laws. The ordinances shall comply with the provisions
of and be adopted in accordance with the Intergovernmental Cooperation Act and the respective
First Class Township and Borough Codes. The abolishment ordinances shall provide for an
effective date for abolishment of the police departments as of January 1, 2000.
ARTICLE XX
AMENDMENT
This Agreement shall not be amended or modified except by written document, dated and
executed by all of the Parties. Any such amendment shall, except where a unanimous vote or
consent is specifically required, require the assent of at least two thirds (2/3) of all Parties.
ARTICLE XXI
MISCELLANEOUS
SECTION A. Administration. By agreement as necessary, one of the Municipalities may
be selected to handle the Commission's administrative affairs pending the ability of the
Commission to do so.
SECTION B. oveming Law. This Agreement shall be governed by and construed
under the laws of the Commonwealth of Pennsylvania.
SECTION C. Headings. The headings, captions, article numbers, and section numbers in
this Agreement are for convenience and ease of reference only. They shall not limit or restrict
the subject matter that precedes or follows them.
SECTION D. Legal Construction. In the event any provision of this Agreement is held
by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or
unt. "'Viecability shall not effect any other provision of this Agreement, and this Agreement shall
be construed as if the invalid or unenforceable provision had not been included.
SECTION E. Execution, This Agreement shall be executed in four counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same instrument
and Agreement. An originally-signed counterpart shall be distributed to the Commission and
each parry.
-23-
SECTION F. Contingency. This Agreement is contingent on each Municipality reaching
agreement with its police union to transfer police services to the Department and agreement
between the Commission and the union representing the officers of the Department which is
satisfactory to the Commission. In the event that one or more of the Municipalities cannot reach
an agreement with its respective bargaining unit to have police services transferred to the
Department, this Agreement shall be void.
SECTION G. a it o
a. "Participant", "Participating Municipality", "Member", "Parry", and
"Municipality' shall mean a municipality now or hereafter a party to this
agreement.
b. "Nonparticipating Municipality" shall mean a municipality not a parry to this
agreement, but which purchases services pursuant to this agreement.
IN WITNESS WHEREOF, the Parties hereto have executed and sealed this Agreement
consisting of 21 Articles and 22 pages.
ATTEST:
(Corporate Seal)
TOWNSHIP OF LOWER ALLEN
(Assistant) Secretary
ATTEST:
Secretary
Approved this day of
(Vice) President, Board of
Commissioners
BOROUGH OF NEW CUMBERLAND
President, Borough Council
999.
Mayor
-24-
BOROUGH OF SHIREMANSTOWN
President, Borough Council
1999.
-25-
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JO ANNETTE SERLUCO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. ,
NO. 99-6406
BOROUGH COUNCIL OF THE
BOROUGH OF SHIREMANSTOWN, CIVIL ACTION - EQUITY
Defendant
PLAINTIFF'S REPLY TO NEW MATTER
Plaintiff Jo Annette Serluco, by her attorneys, Snelbaker,
Brenneman & Spare, P. C., submits the following Reply to
Defendant's New Matter:
32. Paragraph 32 of Defendant's New Matter should be
stricken as improperly requiring a reply to an Answer, which is
an impermissible pleading under the Rules of Civil Procedure.
Without waiver of this objection, each averment of fact and
conclusion of law set forth in Defendant's Answer, to the extent
they are contrary to any allegations set forth in Plaintiff's
Complaint, are specifically denied as if each averment were set
forth in this Paragraph and denied seriatim. Further, it is
denied that Defendant incorporates and attaches a copy of
council's minutes from the September 20, 1999 meeting as
purported in Paragraph 13 of Defendant's Answer. To the
contrary, Defendant has failed to include or omitted pages 537,
538, 541 and 542 of the minutes. Finally, Defendant's counsel's
certification of service is invalid and should be stricken since
LAW OFFIC[O II the Answer with New Matter was not served by the attorney
SNELOAKER.
BRENNEMAN providing the certification and was in fact served November 11,
a SPAR[
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i i,u p,,i , ; ,Ijni 1.itua cv,waau141. pn Ai hdt subject T&at .
1,1" ;nrulu ?.r; 1P:uj,j. l.r1 is denied that
I`I,taltl,!I t,i 111,. ," pit-iai,t.l .0), 1;W4 mes-timj spoke
Iilt. III) ijct: mt.r+1t:i. y't, Ipt: XiJafntfffIs
t?t,ir+:t.:l,n.,l N t 11 I ,t,1l1i, pul.1tl?lll ,1u ,;rl:urat:uly noted in •. 1
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1lrt, iplllljl4 Ail It1t: 1?,ur,1 I11t1 ?`lll,;lly, 11 lu dulllud to the extent', ,J
I l 11. t l l t:1 11111 1' 1'1 (111 1 1 1 ' t1 141 u44011t;" 411- Clli+ Nuptamber 20, "
l ut",:I IIIII ?1I,t1 (1uI 1,qI { Iallt.rl I??u tII that wonting by r
A;1,I1I,I l'i11'11+ Iya:t- lll,luw tiut %'t% m Ay K.t1' tt•an contesting I
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4.
I1t' i t I:I t l t t',tina, t t `:. .a: t iatu, .t ttw?' t'ul,?tu C?? the 17
Ordinance and Resolution enacted and passed September 20, 1999.
35. Admitted in part; denied in part. It is admitted that
Plaintiff had a draft copy of the police merger agreement which
was subsequently changed in several material respects from the
time of the August 16, 1999 meeting of Council and the September
20, 1999 meeting of Council. The final version of the agreement
was not made available to Plaintiff or the public until after
the adoption of the agreement on September 20, 1999. It is
denied that Plaintiff provided any written critique to council
with respect to the proposed merger agreement. To the contrary,
Plaintiff provided a written critique dated and delivered July
12, 1999 to Council with respect to the flawed DCED study and
Lower Allen Township revision of same.
36. Admitted. However, it is apparent in the Complaint
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SNELOAKER.
BRENNEMAN
& SPARE
that Plaintiff has never claimed she was unaware of the date,
time or location of the September 20, 1999 meeting of Council.
Although it is admitted that Plaintiff was given the opportunity
to comment on the police merger, her opportunity was improperly
and unlawfully limited as more fully set forth in Plaintiff's
Complaint, the averments of which are incorporated by reference
herein. Finally, it is denied, to the extent that it is
implied, that Plaintiff's presence at the September 20, 1999
Council meeting and her participation at that meeting by making
public comment precludes her in any way from contesting the
validity of Council's actions as they relate to the ordinance
-3-
and Resolution enacted and passed September 20, 1999.
37. Denied. It is denied that Plaintiff's claim is devoid
of any merit. It is further denied that Plaintiff's conduct in
bringing the action is dilatory, obdurate and vexatious. To the
contrary, Plaintiff's claim is meritorious and has been properly
brought for the purposes of addressing Defendant's unlawful and
improper restriction on public participation and comment as more
fully set forth in Plaintiff's Complaint, the averments of which
are incorporated by reference herein. To the extent that
Defendant purports to state the basis for an award of counsel
fees in Paragraph 37, Defendant fails to state the proper basis
for such fees as provided under the Sunshine Act. By way of
further reply, it is denied, to the extent it is implied, that
Defendant in any way is entitled to award of counsel fees or
costs of this action.
WHEREFORE, Plaintiff demands that Defendant's Answer with
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SNELOAKER.
BRENNEMAN
6 SPARE
New Matter be stricken and judgment be entered in her favor in
accordance with the demand for relief set forth in her
Complaint.
SNELBAKER, BRENNEMAN & SPARE, P. C.
By: 4 f
Keith O. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Jo Annette Serluco
II Date: November 22, 1999
-4-
VERIFICATION
I verify that the statements made in the foregoing Reply to
New Matter are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.
C.S. $4904 relating to unsworn falsification to authorities.
Date: November 22, 1999
'5
NW OrPICKS
SNELOAKER.
BRENNEMAN
& SPARE
-9-
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CERTIFICATE OF GFRVTCF
It KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have,
on the below date, caused a true and correct copy of the
foregoing Reply to New Matter to be served upon the person and in
the manner indicated below:
John E. Slike, Esquire
26sWestLHightStreet, Esquire
Carlisle, PA 17013
Ke th O n, Esqu re
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 West Main Street
P. O. BOX 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Jo Annette Serluco
Date: November 22, 1999
LAW orncz,
SNELOAKER,
BRENNEMAN
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-06406 P
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SERLUCO JO ANNETTE
VS.
SHIREMANSTOWN BOROUGH COUNCIL
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - EQUITY was served
upon SHIREMANSTOWN BOROUGH OF BOROUGH COUNCIL OF the
defendant, at 14:25 HOURS, on the 22nd day of October ,
1999 at 1 PARK LANE
SHIREMANSTOWN, PA 17011 CUMBERLAND
,
County, Pennsylvania, by handing to JACK LANGE
a true and attested copy of the COMPLAINT - EQUITY ,
together with NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers,
Docketing 18.00
Service 8.06
Affidavit .00
Surcharge 8.00 =. ,
$34 U6-10/2571999, BRENNEMAN, SPARE
by ?L Y
Sworn and subscribed to before me
this 9 tr? day of ACL41 1-1
199 A.D.
frLt CQ?-4444
JO ANNETTE SERLUCO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-6406
BOROUGH COUNCIL OF THE
BOROUGH OF SHIREMANSTOWN, CIVIL ACTION - EQUITY
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw the Petition For Preliminary Injunctive Relief filed by the Plaintiff in the
above-captioned action on November 4, 1999.
SNELBAKER, BRENNEMAN & SPARE, P. C.
BY:
Keith 0. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
i
Attorneys for Plaintiff k
Jo Annette Serluco
Date: December 21, 1999
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LAW OIIIC[A 'sW
SNELBAKER.
BRENNEMAN
8 SPARE
V
CERTIFICATE OF SERVICE
1, KEITH O, BRENNEMAN, ESQUIRE, hereby certify that I have on the below date,
caused a true and correct copy of the foregoing Praecipe be served upon the person and in the
manner indicated below:
FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOIL :
John E. Slike, Esquire
Joseph L. Hitchings, Esquire
26 West High Street
Carlisle, PA 17013
Keith 0. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 W. Main Street
1'. 0. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff Jo Annette Serluco
Date: December 21, 1999
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SNELBAKER.
BRENNEMAN
& SPARE
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JO ANNIi171i SERL000,
Ilaintiff
V,
BOROUOI I COUNCIL OF THE
BOROU011 OF SI IIREMANSTOWN,
TO TI IC PROTI IONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6406
CIVIL ACTION - EQUITY
Please mark the above-captioned case discontinued and ended on your docket and
Indices.
SNELBAKER, BRENNEMAN & SPARE, P, C.
BY:l'
Keith 0. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Jo Annette Serluco
LAW OIIIC({
SNROAK[N.
DMKNN[MAN
A SPAN[
Date, January 4, 2000
CERTIFICATE OF SERVICE
1, KEITH 0. BRENNEMAN, ESQUIRE, hereby certify that 1 have on the below date,
caused a true and correct copy of the foregoing Praecipe be served upon the person and in the
manner indicated below:
FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED A FOLLOWS:
John E. Slike, Esquire
Joseph L. Hitchings, Esquire
26 West High Street
Carlisle, PA 17013
Atelf-??
Keith 0. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 W. Main Street
P. 0. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff Jo Annette Serluco
Date: January 4, 2000
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SNELBAKER,
BRENNEMAN
6 SPARE