Part 4
Boards, Commissions, Agencies and Authorities

A.    Recreation Board

§1-401 Creation.

There is hereby created a Recreation Board known as the “Parks and Recreation Board of the Borough of Selinsgrove.”

(Ord. 308, 5/4/1964, §1)

§1-402 Composition; Powers and Duties.

The Board shall be composed of nine members, to be appointed by the Borough Council, with the power to provide, conduct and maintain public recreation areas, facilities and centers subject to all of the responsibilities of the recreation enabling legislation.

(Ord. 308, 5/4/1964, §2; as amended by Ord. 361, 3/3/1969, §1; and by Ord. 499, 1/5/1981, §1)

§1-403 Term of Office; Compensation.

The Board members shall serve for terms of 5 years and until their successors are appointed, except that the five members first appointed shall be so appointed that the term of one member shall expire annually thereafter, and the two members last appointed, to make the Board a seven-man Board, shall be appointed respectively for a 5- and 4-year term. Appointments for these two positions thereafter shall be for 5-year terms. Vacancies shall be filled in the same manner as original appointments and for the unexpired term. Members shall serve without pay.

(Ord. 308, 5/4/1964, §2; as amended by Ord. 361, 3/3/1969, §1)

§1-404 Appointment; Promulgation of Rules and Regulations; Meetings.

The Recreation Board shall appoint from its membership a Chairman and such other officers as it may deem necessary for the orderly procedure of its business, and may adopt bylaws, rules and regulations covering its procedure, not inconsistent with the provisions of the Commonwealth laws. The Recreation Board shall, from time to time, make rules governing the operation of and conduct at the recreational facilities operated by the Board. The Board shall hold regular meetings at such times and places as it may designate. At the first meeting of each year in January the Board shall reorganize and elect its Chairman and such other officers as it may deem necessary.

(Ord. 308, 5/4/1964, §3; as amended by Ord. 434, 10/4/1976, §36-4)

§1-405 Powers and Duties.

The Recreation Board shall maintain, operate and supervise the public parks and playfields and all outdoor and indoor recreation areas and facilities owned or controlled by the Borough of Selinsgrove.

(Ord. 308, 5/4/1964, §4)

§1-406 Acceptance of Gifts; Incurring Obligations Limited.

The Recreation Board may accept any grant, gift, bequest or donation of services, equipment, real estate or money from any individual or group, to be used as specified by the donor or by the terms of acceptance. The Recreation Board shall have no authority to enter into any contract or incur any obligation binding upon the Borough of Selinsgrove other than current obligations or contracts to be fully executed within the then current fiscal year, and all within the budget appropriations made by the Borough Council of the Borough of Selinsgrove.

(Ord. 308, 5/4/1964, §5)

§1-407 Power of Appointment.

The Recreation Board shall have the power to appoint an executive director or superintendent of recreation, who possesses the necessary qualifications and who has demonstrated, by actual work, his ability to organize and direct a community recreation system and supervise the activities of such other personnel as may be deemed necessary in carrying out the program.

(Ord. 308, 5/4/1964, §6)

§1-408 Disbursement of Funds.

The fund appropriated by the Borough Council of the Borough of Selinsgrove and budgeted to the Recreation Board shall be disbursed by the fiscal disbursing officer of the Borough of Selinsgrove, upon vouchers issued by the Recreation Board and within the budget appropriations made. The funds received by the Recreation Board from sources other than budget appropriations shall be deposited by the said Borough, to the credit and for the use of the said Board and disbursed as the above budget funds are disbursed, except that funds received by gift, bequest or otherwise shall be disbursed in accordance with the terms of such gift or bequest, or the terms of the acceptance thereof.

(Ord. 308, 5/4/1964, §7)

§1-409 Reports; Fiscal Year.

The Recreation Board shall make full and complete reports to the Borough Council at such time as may be designated or requested by the Borough Council. The fiscal year of said Recreation Board shall conform to that of the Selinsgrove Borough.

(Ord. 308, 5/4/1964, §8)

§1-410 Vestment of Powers.

Such powers as are now or may hereafter be provided by statute of the Commonwealth of Pennsylvania or by ordinances of the Borough Council of Selinsgrove, relating to the development and operation of recreation systems, public parks and playgrounds, are hereby vested in the Recreation Board, to be exercised by it subject to any and all restrictions contained in such statutes and ordinances.

(Ord. 308, 5/4/1964, §9)

§1-411 Removal.

Any member of the Selinsgrove Recreation Board, once qualified and appointed, may be removed from office for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by a majority vote of the Selinsgrove Borough Council which appointed the member, taken after the member has received 15 days advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing. Any appointment to fill a vacancy created by removal shall be only for the unexpired term.

(Ord. 308, 5/4/1964; as added by Ord. 434, 10/4/1976, §36-11)

B.    Civil Service Commission

§1-421 Definition of Terms.

1.    Definitions. Unless otherwise expressly stated, the following words and phrases, whenever used in this Subpart, shall be construed to have the meaning indicated herein.

Applicant–any individual who apples in writing to the Commission in response to a legally advertised notice of vacancy and/or examination for any position in the Police Department.

Appointing authority–the Borough Council of Selinsgrove Borough, Snyder County, Pennsylvania.

Certification–the submission to the appointing authority pursuant to its request of three names taken from the eligible list developed by the Civil Service Commission.

Chairperson–the Chairperson of the Civil Service Commission of the Borough of Selinsgrove, Pennsylvania.

Commission–the Civil Service Commission of the Borough of Selinsgrove, Pennsylvania.

Commissioner–an individual appointed by the Borough of Selinsgrove to serve as a member of the Civil Service Commission.

Eligible–a person whose name is recorded on a current eligible list or furlough list.

Eligible list–the list of names of persons who have passed all examinations for a particular position in the Police Department.

Examination–the series of tests given to applicants to determine their qualifications for a position in the Police Department.

Furlough list–the list containing the names of persons temporarily laid off from positions in the Police Department because of a reduction in the number of officers.

Part-time police officer–person employed by the Borough as a police officer who works less than 30 hours per week. A part-time police officer shall not be subject to the terms and conditions and rights afforded to full-time patrol officers under this Subpart.

Patrol officer–for the purposes of this Subpart, an entry-level sworn full-time or part-time position in the Police Department. The appointing authority shall retain full discretion in determining which part-time police officer receives an offer of full-time employment. The patrol officers’ description shall not apply to part-time police officers.

Probationer–an officer in the Police Department who has been appointed from an eligible list but who has not yet completed the work-test period.

Reduction in rank–a change to a different position or rank where the employee fulfilled all the requirements of this Subpart for both the prior and current position or rank. However, a decrease in salary without a change to a different position or rank shall not necessarily constitute a reduction in rank.

Removal–the permanent separation of a police officer from the Police Department.

Secretary–the Secretary of the Civil Service Commission of the Borough of Selinsgrove, Pennsylvania.

Suspension–the temporary separation without pay of a police officer from the Police Department.

2.    Word Usage. The words “he,” “his,” “him” and “men” when used within this Subpart represent both the masculine and feminine genders.

(Ord. 808, 6/3/2013, Art. I)

§1-422 Civil Service Commission.

1.    Membership; Terms; Vacancy; Oath; Compensation.

A.    The Commission shall consist of three Commissioners who shall be qualified electors of the Borough of Selinsgrove and shall be appointed by the Borough Council initially to serve for the terms of 2, 4 and 6 years and, as terms thereafter expire, shall be appointed for terms of 6 years.

B.    Any vacancy occurring in the Commission for any reason whatsoever shall be filled by the Borough Council for the unexpired term within the period of 30 days after such vacancy occurs.

C.    Borough Council may appoint no more than three qualified electors of the Borough to serve as alternate members of the Commission. The term of office of the alternate members shall be 6 years. When seated pursuant to §1174 of the Borough Code, 53 P.S. §46174, an alternate shall be entitled to participate in all proceedings and discussions of the Commission to the same and full extent as provided by law for Commission members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in the Borough Code, 53 P.S. §45101 et seq., and as otherwise provided by law. Alternates shall hold no other office in the Borough. An alternate may participate in any proceeding or discussion of the Commission but shall not be entitled to vote as a member of the Commission unless designated as a voting alternate member pursuant to the Borough Code.

D.    Each member of the Commission, before entering upon the discharge of the duties of his or her office, shall take an oath or affirmation of office pursuant to 53 Pa.C.S. §1141 (relating to form of oaths of office). No Civil Service Commissioner shall receive compensation.

2.    Offices Incompatible with Civil Service Commissioner. No Commissioner shall at the same time hold an elective or appointed office under the United States government, the Commonwealth of Pennsylvania or any political subdivision of the Commonwealth, except that one member of the Commission may be a member of the Council of the Borough and one may be a member of the teaching profession.

3.    Organization of Commission; Quorum. The Commission first appointed shall organize within 10 days of its appointment and shall elect one of its members as its Chairperson and one as its Secretary. The Commission shall thereafter meet and organize on the first Monday of February each even-numbered year. Each Commissioner shall be notified in writing of each and every meeting. Three members of the Commission shall constitute a quorum, If, by reason of absence or disqualification of a member a quorum is not reached, the chair shall designate as many alternate members of the Commission to sit on the Commission as may be needed to provide a quorum. An alternate member of the Commission shall continue to serve on the Commission in all proceedings involving the matter or case for which the alternate was initially designated until the Commission has made a final determination of the matter or case. Designation of an alternate member pursuant to this Section shall be made on a case-by-case basis in rotation according to declining seniority among the alternates. No action of the Commission may be valid unless it shall have the concurrence of at least two members. [Ord. 825]

4.    Duties of Chairperson. The Chairperson, or in his or her absence, the Vice Chairperson shall preside at all meetings and hearings of the Commission, decide all points of order or procedure and perform any duties required by law or this Subpart.

5.    Duties of Secretary. The Secretary shall carry on at the direction of the Commission all official correspondence of the Commission, send out all notices required by this Subpart, keep a record of each examination or other official action of the Commission, and perform all other duties required by law or this Subpart.

6.    Meetings. Except for the biennial organization meeting, all meetings shall be held at the call of the Chairperson or at the call of two members of the Commission. The Commission shall have discretion to determine whether meetings shall be open to the public when not specifically regulated by law or this Subpart. The Secretary of the Commission shall give each Commissioner 24 hours notice in writing of each and every meeting of the Commission.

7.    Clerks and Supplies. The Borough shall furnish to the Commission, on its requisition, clerical assistance that may be necessary for the work of the Commission. The Borough shall provide a suitable and convenient room for the use of the Commission. The Commission shall order from the Borough the necessary stationery, postage, printing and supplies. The Borough shall also provide the services of a Solicitor for the Commission to be appointed by the Commission and paid by the Borough. The Borough shall have the authority to place a reasonable limit on the amount allowed each year for the services of the Commission Solicitor. The elected and appointed officials of the Borough shall aid the Commission in all proper ways in carrying out the provisions of this Subpart, including compensation for any counsel or experts retained by the Commission.

8.    Amendment of Rules. The Commission may amend, revise, void or replace any of its rules and regulations for any reason by action of a majority of the Commission at any properly convened meeting of the Commission. Before any changes to the Commissioners’ rules become effective those changes must be first approved by the Borough Council. When the rules and regulations, or amendments, have been approved, they shall not be annulled, amended, or added to, without the approval of Borough Council. All rules and regulations and modifications shall be made available by the Borough for public distribution or inspection.

9.    Minutes and Records.

A.    The Commission shall keep minutes of its proceedings and records of examinations and other official action. All records of the Commission shall be preserved and disposed of according to the Retention and Disposition Schedule for Records of Pennsylvania Municipalities issued by the Local Government Records Committee under the authority of the Municipal Records Act, 53 Pa.C.S.A. §1381 et seq.

B.    Any and all records related to any disciplinary action filed with the Commission shall be open to public inspection subject to reasonable regulation. The Secretary shall keep minutes of its proceedings showing the vote of each member upon each question. If the member is absent or fails to vote, the Secretary shall indicate that fact in the minutes.

10.    Investigations. The Commission shall have the power to make investigations concerning all matters relating to the administration and enforcement of this Subpart and its rules and regulations. The Chairperson of the Commission is authorized to administer oaths and affirmations in connection with such investigations.

11.    Subpoenas.

A.    The Commission shall have the power to issue subpoenas over the signature of the Chairperson, or designee, to acquire the attendance of witnesses and the production of records and papers pertaining to any investigation or inquiry, including any background investigation conducted pursuant to §1-424.8 of this Subpart. The fees of such witnesses for attendance and travel shall be the same as for witnesses appearing in the courts and shall be paid from appropriations for the incidental expense of the Commission. All officers in public service and employees of the Borough shall attend and testify when required to do so by the Commission.

B.    If any person shall refuse or neglect to obey any subpoena issued by the Commission, upon conviction of such refusal or neglect in a summary proceeding, that person shall be sentenced to pay a fine of not more than $1,000 plus costs together with reasonable attorney fees and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. [Ord. 825]

C.    If any person shall refuse or neglect to obey any subpoena issued by the Commission, the Commission may apply by petition to the Court of Common Pleas of Snyder County for its subpoena, requiring the attendance of such persons before the Commission or the court there to testify and to produce any records and papers necessary and, in default thereof, shall be held in contempt of court.

12.    Annual Report. The Commission shall make an annual report to the Borough Council containing a brief summary of its work during the year and a full accounting for any expenditures of public monies. The annual report shall be available for public inspection.

(Ord. 808, 6/3/2013, Art. II; as amended by Ord. 825, 10/3/2016, §5(B))

§1-423 Applications and Qualifications.

1.    Eligibility for Examination.

A.    In order to be eligible for participation in any examination for the patrol officer position with the Police Department, every applicant must submit a completed application form to the Commission before the deadline stated by the Commission for that specific examination. The applicant must make an oath or affirmation that the application is completed truthfully. The applicant is subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities.

B.    Each person desiring to apply for examination shall file with the Commission a formal application in which the applicant shall provide, under oath or affirmation the following information:

(1)    Full name and residence or post office address.

(2)    Citizenship, place and date of birth.

(3)    Condition of health and physical capacity for public service.

(4)    Business or employment and his residence for the past 5 years.

(5)    Other information as may be required by the Commission, showing the applicant’s qualifications for the position for which the applicant is being examined.

2.    Discrimination. The Borough is an equal opportunity employer. It is the Borough’s and the Commission’s policy to grant equal employment opportunities to qualified persons without regard to race, religion, color, national origin, gender, age, marital status or non-job-related physical or mental handicap or disability. The Borough and the Commission will provide equal opportunities in employment and promotion.

3.    Availability of Forms. Application forms shall be available at a fee established by resolution approved by Borough Council to all interested persons in the office of the Police Department and from such other offices and officers that the Commission, from time to time, may choose to designate. Application forms may be mailed upon written or telephone request. However, the Commission assumes no responsibility for missed filing deadlines due to a delay in the mail.

4.    Age Requirements. All applicants must have reached their 18th birthday before the deadline for submitting completed applications.

5.    General Qualifications for All Applicants.

A.    Every applicant for the position of patrol officer in the Police Department shall possess the following credentials: (1) a diploma from an accredited high school or a graduate equivalency diploma; (2) United States of America citizenship; (3) physical and mental fitness to perform the full duties of a police officer; (4) a valid motor vehicle operator’s license issued by the Commonwealth of Pennsylvania; and (5) residence status of Pennsylvania or of a state contiguous to Pennsylvania for a period of at least 12 consecutive months immediately preceding the deadline for submitting a completed application. Every applicant shall have successfully (a) completed training and education prescribed by the Pennsylvania Municipal Police Education and Training Act (“Act 120”) (53 Pa.C.S.A. §2162 et seq.) and (b) achieved certification by the Pennsylvania Municipal Officers’ Education and Training Commission under Act 120. Provisionally, nothing shall prohibit the Commission from making an offer of employment conditioned upon an applicant’s successfully completing the training and testing requirements of Act 120. In the event such a conditional offer of employment is made, the applicant shall be subject to any expense reimbursement policy established by the Borough and/or Police Department in the event conditional applicant does not complete said training, pass any testing requirements, or does not remain employed by the Police Department for the time period specified by the Borough and/or the Police Department in the said reimbursement policy. [Ord. 847]

B.    Each applicant for an original position shall:

(1)    Be subject to the regulations adopted by the Commission.

(2)    Either before or after the written examination, be required to submit to a physical fitness or agility examination that is job related and consistent with business necessity.

(3)    If made a conditional offer of employment, be given a physical and psychological medical examination.

(4)    Be subject to a background investigation. Background investigations may be restricted to those candidates on an eligibility list or those to be certified to the Borough Council for appointment.

6.    General Qualifications for Applicants for Promotion.

A.    In addition to meeting the qualifications in subsection .5 above, all applicants for a promotional position, except Chief, shall not have been suspended without pay for more than 5 days at any time in the 3 years prior to the deadline for submitting applications. Any suspension to which the applicant has timely appealed pursuant to a grievance procedure of this Subpart shall be disregarded unless the appeal is resolved prior to the creation of the eligibility fist.

B.    All applicants for promotion shall have continuous prior service with the Police Department of Selinsgrove Borough.

C.    Each applicant for promotion shall be subject to the regulations adopted by the Commission and to examination and selection in accordance with this Subpart. Physical fitness examinations that are job-related and consistent with business necessity and physical and psychological medical examinations may, but need not, be required for promotions.

D.    All applicants for promotion to the position of sergeant shall have at least five years’ continuous prior service with the Police Department of Selinsgrove Borough. [Ord. 845]

7.    Rejection of Applicant. The Commission may refuse to examine, or, if examined, may refuse to certify after examination as eligible, any applicant who is found to lack any of the minimum qualifications for examination prescribed in this Subpart for the particular position or employment for which the applicant has applied. In addition, the Commission may refuse to examine or, if examined, may refuse to certify after examination any applicant who is physically or mentally unfit to perform the full duties of the position applied for, or who is illegally using a controlled substance, as defined in §102 of the Controlled Substance Act (P.L. 91-513, 21 U.S.C. §802), or who is guilty of any crime involving moral turpitude, or of infamous or notoriously disgraceful conduct, or who has been dismissed from public service for delinquency or misconduct in office, or who is affiliated with any group whose policies or activities are subversive to the forms of government set forth in the constitutions and laws of the United States and the Commonwealth of Pennsylvania.

8.    Recording and Filing Applications. Applications for positions in the Police Department shall be received at the Selinsgrove Borough Building only after a hiring or promotional test has been properly advertised and before the deadline for receiving applications which must be set forth in the public advertisement. Applications will be received by the municipal official designated in the public advertisement or that official’s designee. Applications by mail shall be considered timely when the postmark date precedes the deadline date for filing as prescribed by the public advertisement. The municipal official or his designee shall record the receipt of all applications and provide each applicant with notice of the time and place for the first portion of the testing procedure, the written examination. Any application containing material errors or omissions may, at the discretion of the Commission, be returned to the applicant for correction prior to the deadline for filing applications, after which no new applications or amended applications will be accepted.

9.    Hearing for Disqualified Applicants.

A.    Any applicants who believe that they are aggrieved by the actions of the Commission in refusing to examine or to certify them as eligible after examination may request a hearing before the Commission. Within 10 days after such request, the Commission shall designate a time and place for the hearing which shall be conducted pursuant to the procedures set forth in the Local Agency Law, 2 Pa.C.S.A. §101 et seq. The applicant must make their request for a hearing in writing within 10 calendar days of the date when the party knew or should have known of the Commission’s action which is being challenged.

B.    The deliberations of the Commission, including interim rulings on evidentiary or procedural issues, may be held in the nature of a closed executive session. The Commission’s disposition of the matter shall constitute official action which shall occur at a public meeting held pursuant to 65 Pa.C.S., Ch. 7 (relating to open meetings). The decision of the Commission shall be final.

10.    Announcements.

A.    The Commission shall conspicuously post in the Borough building an announcement of the hiring and set forth the time and place of every examination, together with the information as to the type of position to be filled, the requirements for that position, where applications may be obtained and the deadline for filing those applications. In addition, at least 2 weeks prior to the close of the application period, publication of the notice shall occur in at least one newspaper of general circulation in Selinsgrove Borough.

B.    The Commission shall conspicuously post in the Police Department an announcement of the promotional testing and set forth the time and place of every examination, together with the information as to the type of position to be filled, the requirements for that position, where applications may be obtained and the deadline for filing those applications.

(Ord. 808, 6/3/2013, Art. III; as amended by Ord. 845, 2/3/2020, §3(A); and by Ord. 847, 5/4/2020, §3(A))

§1-424 Examination and Grading Procedure.

1.    General Examination Requirements for the Position of Patrol Officer. The examination for patrol officer will consist of a written and oral examination which will be graded on a 100-point scale with the written examination representing 60 percent of the final score and the oral examination representing 40 percent of the final score. In addition, an applicant will undergo a physical agility test and a background investigation. These tests will be graded on a pass/fail basis for every applicant. After an applicant has been extended an offer of employment, final appointment shall be contingent upon the applicant passing a physical and psychological examination.

2.    General Examination Requirements for Promotion. The examination for the position of Sergeant shall include a written and oral examination which will be graded on a 100-point scale with the written examination representing 60 percent of the final score and the oral examination representing 40 percent of the final score. In addition, each applicant will undergo a physical agility test which will be graded on a pass/fail basis for every applicant. After an applicant has been extended an offer of promotion, the final appointment to the promotional position shall be contingent upon the applicant passing a medical and psychological examination.

3.    Appointment of Examiners. The Commission shall appoint a written examination administrator, and an oral examination administrator. The Borough Council or Borough designee shall appoint a medical examiner, a physical fitness examiner, a polygraph examiner, and a psychological examiner to conduct the appropriate examinations required by these rules.

4.    Written Examination. The written examination shall be graded on a 100-point scale, following the grading rules and requirements of the specific test being used, and an applicant must score 75 percent or higher and receive one of the six highest scores, including ties, in order to continue in the application process. Applicants scoring less than 75 percent or not receiving one of the six highest scores shall be rejected. Within 30 days after the administration of the written examination, all applicants shall be given written notice of their test results and each passing applicant shall be informed of the next step in the examination process. [Ord. 821]

5.    Oral Examination.

A.    Every applicant who scored 75 percent or higher and receives one of the top six highest scores, including ties, in the written examination, shall be given an oral examination that will be graded on a 100-point scale, with a score of 75 percent or higher necessary for passing. The oral examination shall involve questioning applicants on how they would handle situations relevant to police work. Within 30 days after the applicant’s oral examination, they shall be informed of their oral examination and total overall scores, and each passing applicant shall be informed of the next step in the examination process.

B.    The examining board shall consist of three supervising police officers, at lease one who may be a supervising police officer of the Selinsgrove Borough Police Department.

[Ord. 821]

6.    Veterans’ Preference Points. Pursuant to the Veterans’ Preference Act, 51 Pa.C.S.A. §7104, any applicant for the position of patrol officer who qualifies as a “veteran” under this Act shall receive an additional 10 points on top of his or her total score if the applicant has received passing scores under subsections .1, .4 and .5. Any applicant claiming veterans’ preference is responsible for providing any and all relevant documents to the Commission.

7.    Polygraph Examination.

A.    Any applicant that has received passing scores under subsections .1, .4 and .5 and whose total score ranks in the top nine, including ties, may fill out a personal data questionnaire and undergo a polygraph examination. The Commission shall furnish each polygraph examiner with forms upon which the examiner shall state whether any of the applicant’s responses to questions from the applicants personal data questionnaire are deceptive. The report on each examination shall be submitted to the Commission within 5 days after the date of the examination.

B.    The examiner shall ask questions based on the information contained in the personal data questionnaire. Before administering the test, the examiner shall ask each applicant whether there is any more information related to the personal data questionnaire which the applicant would like to provide. There shall also be a post-test review, during which the examiner shall again ask the participant, if deception is indicated, whether there is any information which the applicant is withholding.

C.    If the examiner shall deem any of the applicant’s responses to be deceptive, the examiner must tell the applicant immediately and give the applicant an opportunity to explain, deny or admit the deception. If the applicant denies being deceptive or if the explanation is found unsatisfactory by the examiner, the applicant will be given the opportunity to retake the test with a second examiner. Notice of the opportunity to retest shall be given in writing to the applicant. If the second examiner finds no deception, the applicant will be considered as having passed the polygraph. If the second examiner also finds the applicant deceptive, the applicant will be considered as having failed the examination.

D.    An applicant who has failed both tests may appeal to the Civil Service Commission for a third examination, and the decision to give the applicant an opportunity to take a third test resides solely within the discretion of the Commission. If the applicant is awarded an opportunity to take a third test and passes, then the applicant will be considered as having passed the polygraph test. If the applicant is found deceptive on a third test, the applicant will be rejected.

8.    Physical Fitness Testing. An applicant for the position of patrol officer must be able to complete a physical fitness examination that is job-related and consistent with business necessity.

9.    Background Investigation.

A.    The Commission shall request the Chief of Police or the Chief’s designee to conduct a background investigation on each applicant. The background investigation shall also include interviews with the applicant’s family, acquaintances, current and former employers, current and former neighbors, references and current and former teachers and school officials. At a minimum, personal interviews shall be conducted with at least three people who have personal knowledge of the applicant but who are not related to the applicant and with the applicant’s employer(s) for the past 5 years.

B.    The background investigation shall also include a criminal history check, including the submission of fingerprints to the Central Repository for the Commonwealth of Pennsylvania and the Federal Bureau of Investigation. The applicant’s credit history and record of criminal convictions shall also be investigated, as well as the applicant’s driving record for verification that he possesses a valid driver’s license. The applicant may be interviewed directly when the information collected during the background investigation requires clarification or explanation.

C.    If necessary to complete a thorough background investigation on any applicant, the Commission may, upon the request of the Chief of Police or his designee, subpoena the personnel records maintained by any other police department(s) by which the applicant was previously employed.

D.    After the background investigation is completed, the Chief or his designee shall make a written recommendation to the Commission on whether the applicant is appropriate for consideration for appointment as a patrol officer. This recommendation shall be in writing and, if the recommendation is to disqualify, then a written explanation of the reasons for disqualification must be included. The Commission shall make the final determination on whether the information collected during the background investigation warrants rejection of the candidate. Within 30 days after the Commission considers the recommendation of the Chief of Police or his designee, each applicant will be informed of whether he or she has passed the background investigation.

(Ord. 808, 6/3/2013, Art. IV; as amended by Ord. 821, 11/2/2015, §§3, 4)

§1-425 Certification of the List of Eligibles and Appointment.

1.    Creation of Eligibility List.

A.    At the completion of the examination requirements set forth in §1-424, written examination, oral examination, background investigation, physical fitness test, and polygraph examination when required, the Commission shall rank all passing applicants on a list, with the applicant receiving the highest score at the top of the list and the applicant receiving the lowest passing score at the bottom of the list. Applicants for patrol officer who qualify for veterans’ preference points shall have those points added to their passing score prior to being ranked on the eligibility list.

B.    For promotional positions, fulfilling the performance requirement set forth in §1-423.6 is also required. In the case of tied scores, the tie will be broken by giving preference to the applicant who submitted a final completed application first. If both tied applicants submitted their complete applications on the same day, then the applicants shall be ranked in alphabetical order by surname.

C.    The eligibility list will be valid for 1 year from the date the Commission formally adopts the eligibility list. The Commission, at its sole discretion, prior to expiration of the 1-year period, may extend the validity of the eligibility list for up to an additional 12 months by a majority vote of the Commission at a duly authorized Commission meeting. In the absence of a lawful extension by the Commission, the list shall expire. The Commission may, at its sole discretion, void an eligibility list at any time for any reason.

2.    Appointment.

A.    The appointing authority of the Borough may fill any vacancy in an existing position in the Police Department that occurs as a result of expansion of the police force, retirement, resignation, disability or death by the reappointment or reinstatement of a former employee of the Police Department who has been furloughed with sole reference to the merits and fitness of the candidate. Except for medical and psychological examinations, no other testing shall be required for a furloughed employee or a rehired or reappointed employee, subject to any recertification requirements prescribed by the Municipal Police Officers’ Education and Training Commission.

B.    If no furlough list exists or if positions remain to be filled after all of the officers on the furlough list were offered reemployment, every position, except that of Chief of Police, shall be filled only in the following manner:

(1)    The appointing authority of the Borough shall notify the Commission of any vacancy which is to be filled and shall request the certification of an eligibility list.

(2)    The Commission shall certify for each existing vacancy from the eligibility list, the names of the three persons, or a lesser number where three are not available, who have received the highest average.

(3)    The Council shall make a conditional appointment from the three names certified, based solely on the merits and fitness of the candidates, unless the Borough Council makes objections to the Commission regarding one or more of the certified persons. However, for initial appointment to patrol officer, when one of the three applicants on the certified list is a veteran, that applicant shall be selected.

C.    The Borough Council may object to one or more of the persons certified for the reasons set forth in §1-423.6 of this Subpart. If the candidate to whom the Borough Council objects fails to timely exercise the rights of appeal under §1-423.9, or if the Commission declines to uphold the appeal, the Commission shall strike the name of that candidate from the eligibility list and certify the next highest name for inclusion on the list of three candidates for each name stricken off.

3.    Appointment of Chief of Police. In the case of a vacancy in the office of Chief of Police, the appointing authority may nominate a person to the Commission. It shall then become the duty of the Commission to subject the person to a non-competitive examination, and if the person shall be certified by the Commission as qualified, he may then be appointed to the position, and shall be subject to all the provisions of this Subpart.

4.    Medical and Psychological Examinations.

A.    An applicant selected from the eligibility list shall receive a conditional offer of employment. The offer of employment shall be conditioned upon the conditional appointee undergoing a physical and psychological medical examination and a determination that the conditional appointee is capable of performing all the essential functions of the position. Physical medical examinations shall be under the direction of a physician or other qualified medical professional. Psychological medical examinations shall be under the direction of a psychiatrist or psychologist.

B.    The physician or other qualified medical professional and the psychiatrist or psychologist shall be appointed by Borough Council and shall render a written opinion as to whether the conditional appointee has a physical or mental condition which calls into question the person’s ability to perform all of the essential functions of the position for which the person was conditionally appointed.

C.    If the opinion rendered by the physician, other qualified medical professional, psychiatrist or psychologist calls into question the conditional appointee’s ability to perform all essential functions of a position, a person designated by Borough Council shall meet with the conditional appointee for the purpose of having one or snore interactive discussions on whether the conditional appointee can, with or without reasonable accommodation, perform all the essential functions of the position.

D.    If, at the conclusion of the interactive discussion under paragraph .C, Borough Council determines that the conditional appointee is not qualified, Council shall give written notice to the conditional appointee and the Commission. The rejected candidate may appeal this decision under §1-423.9. The Commission shall then certify another name to be included with the two previously certified names for consideration by the appointing authority pursuant to subsection .2.

E.    Nothing in this Act shall be construed to authorize physical or psychological medical examinations prior to conditional appointment.

F.    As used in this Section, the following definitions shall apply:

Medical examination–any examination, procedure, inquiry or test designed to obtain information about medical history or a physical or mental condition which might disqualify an applicant if it would prevent the applicant from performing, with or without a reasonable accommodation, all of the essential functions of the position.

Physician–shall have the meaning given to it in 1 Pa.C.S. §1991 (relating to definitions).

Qualified medical professional–an individual, in collaboration with or under the supervision or direction of a physician, as may be required by law, who is licensed:

(a)    As a physician assistant pursuant to the act of December 20, 1985, (P.L. 457, No. 112), 63 P.S. §422.1 et seq., known as the “Medical Practice Act of 1985,” or the Act of October 5, 1978 (P.L. 1109, No. 261), 63 P.S. §271.1 et seq., known as the “Osteopathic Medical Practice Act.”

(b)    As a certified registered nurse practitioner pursuant to the Act of May 22, 1951 (P.L. 317, No. 69), 63 P.S. §211 et seq., known as the “Professional Nursing Law.”

5.    Probationary Period.

A.    Every successful applicant to the position of patrol officer or to a promotional position with the Police Department shall serve a 12-month probationary period. For newly hired patrol officers, the 1-year probationary period shall not commence until after the officer has completed training under Act 120 and receives a certification number. During the probationary period, a newly hired officer may only be dismissed for the reasons set forth in §1-423.7 or because of incapacity for duty due to the use of alcohol or drugs. A promoted officer, during probation, may be returned to a prior rank only for the reasons set forth in §1-423.7.

B.    If at the close of a probationary period the conduct or fitness of the probationer has not been satisfactory to the Borough Council, the probationer shall be notified in writing that the probationer will not receive a permanent appointment, and the appointment shall cease. If the probationer is not notified or dismissed in accordance with this Section, the probationer’s retention shall be equivalent to a permanent appointment. The decision of the Borough to suspend or discharge a probationer shall be final and shall not be subject to the hearing provisions of this Subpart.

6.    Provisional Appointments. Whenever there are urgent reasons for the filling of a vacancy in any position in the Police Department and there are no names on the eligibility list for such appointment, the Borough Council may nominate a person to the Commission for noncompetitive examination. If the nominee shall be certified by the Commission as qualified after noncompetitive examination, the nominee may be appointed provisionally to fill the vacancy. It shall thereupon become the duty of the Commission within 3 weeks to hold a competitive examination and certify a list of eligibles, and a regular appointment shall then be made from the name or names submitted by the Commission, provided that nothing within this Section shall prevent the appointment, without examination, of persons temporarily as police officers in cases of riot or other emergency.

7.    Promotions.

A.    Promotions shall be based on merit to be ascertained by examinations to be prescribed by the Commission. All questions relative to promotions shall be practical in character and will fairly test the merit and fitness of persons seeking promotion.

B.    Borough Council shall notify the Commission of a vacancy in the police force in the Borough which is to be filled by promotion and shall request the certification of an eligibility list. The Commission shall certify for each vacancy the names of three persons on the eligibility list who have received the highest average in the last preceding promotional examination held within a period of 2 years preceding the date of the request for the eligibility list. If three names are not available, the Commission shall certify the names remaining on the eligibility list. The Borough Council shall make an appointment from the names certified, based solely on the merits and fitness of the candidate, unless Council makes objections to the Commission regarding one or more of the persons so certified for any reason provided under §1-423.7.

C.    The Borough Council shall have power to determine in each instance whether an increase in salary shall constitute a promotion.

(Ord. 808, 6/3/2013, Art. V)

§1-426 Suspensions, Removals and Reductions in Rank.

1.    Grounds for Disciplinary Action.

A.    No person appointed to a position in the Police Department pursuant to this Subpart may be suspended without pay or removed, or reduced in rank except for the following reasons:

(1)    Physical or mental disability affecting the officer’s ability to continue in service, in which case the officer shall receive an honorable discharge from the service.

(2)    Neglect or violation of official duty.

(3)    Violation of any law which provides that such violation constitutes a misdemeanor or felony.

(4)    Inefficiency, neglect, intemperance, disobedience of orders or conduct unbecoming an officer.

(5)    Intoxication while on duty.

(6)    Engaging or participating in or conducting of any political or election campaign while on duty or in uniform or while using Borough property otherwise than to exercise a person’s own right of sufferage.

(7)    Engaging or participating in the conduct of a political or election campaign for an incompatible office as provided in §1104(F) of the Borough Code, 53 P.S. §46104(F).

B.    No officer shall be removed for religious, racial or political reasons. A written statement of any charges made against any officer so employed shall be furnished to the officer within 5 days after those charges have been filed. The officer shall have ten days from the date of receiving the notice in which to submit a written request for a hearing to the Civil Service Commission.

2.    Furloughs. If for reasons of economy or other reasons it shall be deemed necessary by the Borough to reduce the number of paid employees of the police force, then the Borough shall furlough the person or persons, including probationers, last appointed to the respective force. Such removal shall be accomplished by furloughing in numerical order commencing with the person last appointed until such reduction shall have been accomplished. In the event the police force shall again be increased the employees furloughed shall be reinstated in the order of their seniority in the service if the furloughed officer accepts reinstatement in writing within 30 days of receiving notice of the opening. The provisions of this subsection as to reductions in force are not applicable to the Chief of Police.

3.    Notice of Suspensions, Removals or Reductions in Rank.

A.    Whenever a police officer is suspended without pay, removed or reduced in rank, the specific charges warranting such actions shall be stated in writing by the Borough Council. The charges shall be stated clearly and in sufficient detail to enable the officer to understand the charges and to allow the officer an opportunity to respond to those charges. The charges shall specify the subsection of subsection .1 which provides the basis for the disciplinary action as well as an explanation of the factual circumstances upon which the appointing authority relied in finding a violation of subsection .1.

B.    Within 5 days after the Borough Council has voted to impose the disciplinary action, a written statement of the charges shall be delivered to the officer either by personal service or by certified and registered mail. In addition, the charges shall notify the officer of the right to appeal under subsection .4 of this Subpart. A copy of the statement of charges shall also be served upon the members of the Civil Service Commission.

4.    Hearings on Suspensions, Removals and Reductions in Rank.

A.    The officer who has been suspended, removed or reduced in rank may appeal the decision of the appointing authority by written notice to the Secretary of the Commission at 1 North High Street, Selinsgrove, PA 17870, requesting a hearing. This request shall be received by the Commission within 10 days after the officer received notice of the discipline. The officer may make written answers to any charges filed not later than the date fixed for the hearing. Failure of the officer to provide written answers to any of the charges shall not be deemed an admission by the officer.

B.    The Commission shall schedule a hearing within 10 days from the officer’s written request for a hearing, unless continued by the Commission for cause at the request of the Commission, the Borough Council or the officer. At such hearing, the officer against whom the charges have been made may be present and represented by counsel, may call witnesses and present testimony and documentation in his defense. The Borough may also be represented by counsel, call witnesses and present evidence as is necessary to support the charges. A stenographic record of all testimony shall be taken at every hearing and preserved by the Commission. In the event the charges are dismissed, the record shall be sealed and not available for public inspection.

C.    In conducting the hearing, the Commission’s standard of review shall be to determine whether sufficient evidence has been presented to support the statutory reason for the disciplinary action. If the Commission finds that sufficient evidence has been introduced to support the charge, the Commission shall not modify the penalty imposed by the Borough Council unless it finds that the penalty imposed was arbitrary, discriminatory or an abuse of the Council’s discretion. In considering the appropriateness of the discipline, the Commission shall not substitute its judgment for that of the Borough Council. The Commission may request post-hearing briefs and shall issue a written decision containing specific findings of fact and conclusions of law within 60 days of receipt of the hearing transcript.

5.    Hearing Procedure.

A.    All testimony shall be given under oath administered by the Chairperson or, in absence of the Chair, the Vice-Chairperson. The Commission shall have the power to issue subpoenas as set forth in §1-422.11. Unless the Borough Council or the person sought to be suspended, removed or reduced in rank requests that the proceedings before the Commission be open to the public, the proceedings before the Commission pursuant to this Section shall be held in the nature of a closed executive session that shall not be open to the public. Any such request shall be presented to the Commission before the civil service hearing commences. The deliberations of the Commission, including interim rulings on evidentiary or procedural issues, may be held in private and shall not be subject to a request for being open to the public, the Council or to the person sought to be suspended, removed or reduced in rank. The Commission’s disposition of the disciplinary action shall constitute official action which shall occur at a public meeting held pursuant to 65 Pa.C.S. Ch. 7 (relating to open meetings).

B.    If the Commission sustains the charges, the officer who was suspended, removed or reduced in rank may file an appeal with the Court of Common Pleas within 30 days of the date of entry by the Commission of its final order. No order of suspension shall be made by the Commission for a period longer than 1 year. In the event that the Commission fails to uphold the charges, then the person sought to be suspended, removed or demoted shall be reinstated with full pay for the period of the suspension without pay, removal or demotion, and no charges related to the suspension, removal or reduction in rank shall be officially recorded in the officer’s record.

(Ord. 808, 6/3/2013, Art. VI)

C.    Planning Commission

§1-431 Creation of Borough Planning Commission.

There is hereby created a Borough Planning Commission.

(Ord. 325, 5/3/1965, §1; as amended by Ord. 434, 10/4/1976, §30-1)

§1-432 Organization of Commission.

1.    The Borough Planning Commission shall consist of seven residents of the Borough of Selinsgrove, appointed by the Council to serve without pay. In the first instance, two members of the Commission shall be appointed for 1 year, two members for 2 years, one member for 3 years, one member for 4 years and one member for 5 years; and annually thereafter, as each of the original terms expire, members of said Commission shall be appointed for a term of 4 years or until his successor is appointed and qualified. An appointment to fill a vacancy shall be only for the unexpired portion of the term.

2.    At least five of the seven members of the Planning Commission shall not hold any other office or position in the government of the Borough of Selinsgrove.

3.    The Borough Planning Commission may make and alter rules of its own organization and procedure, consistent with the ordinances of the Borough and the laws of the Commonwealth, and shall make an annual report to the Council of its transactions.

4.    Any member of the Selinsgrove Planning Commission, once qualified and appointed, may be removed from office for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Selinsgrove Borough Council which appointed the member, taken after the member has received 15 days advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing. Any appointment to fill a vacancy created by removal shall be only for the unexpired term.

(Ord. 325, 5/3/1965, §2; as amended by Ord. 387, 7/10/1972)

§1-433 Employment of and Compensation for Services Rendered.

The Borough Planning Commission may employ engineers and other persons, whose salaries and wages and other necessary expenses of the Commission, where approved by Council, shall be provided for through proper appropriation by the Council; additionally, the Borough Planning Commission may contract for professional services, the costs and expenses of which, when approved by Council, shall be provided for through proper appropriation by the Council.

(Ord. 325, 5/3/1965, §3; as amended by Ord. 434, 10/4/1976, §30-3)

§1-434 Ordinances to Be Furnished; Right to Disapprove.

The Secretary of the Council shall, upon introduction, furnish to the Borough Planning Commission, for its consideration, a copy of all proposed ordinances and all amendments thereto relating to the location of any public building of the Borough and to the location, extension, widening, narrowing, enlargement, ornamentation and parking of any street, boulevard, parkway, park, playground or other public ground and to the relocation, vacation, curtailment, changes of use or any other alteration of the Borough plan with relation to any of the same and to the location of any bridge, tunnel and subway or any surface, underground or elevated railway. The Commission shall have the power to disapprove any of the said ordinances, bills or amendments, which disapproval, however, must be communicated to the Council, in writing, within 10 days from the introduction of said ordinance; but such disapproval shall not operate as a veto.

(Ord. 325, 5/3/1965, §4; as amended by Ord. 434, 10/4/1976, §30-4)

§1-435 Publishing of Maps.

The Borough Planning Commission may make or cause to be made and lay before the Council and, at its discretion, cause to be published maps of the Borough or any portion thereof, including territory extending 3 miles beyond the Borough limits, showing the streets and highways and other natural and artificial features and, also, locations proposed by it for any public building, civic center, street, parkway, park, playground or any other public ground or public improvement or any widening, extension or relocation of the same or any change in the Borough plan by it deemed advisable; and it may make recommendations to the Council, from time to time, concerning any such matters and things, aforesaid, for action by the Council thereon and, in so doing, have regard for the present conditions and future needs and growth of the Borough and the distribution and relative location of all the principal and other streets and railways, waterways and all other means of public travel and business communications, as well as the distribution and relative location of all public buildings, public grounds and open spaces devoted to public use.

(Ord. 325, 5/3/1965, §5; as amended by Ord. 434, 10/4/1976, §30-5)

§1-436 Powers.

The Borough Planning Commission shall have the powers of a planning agency, including the right to recommend to the Selinsgrove Borough Council the boundaries of the various zoning districts and appropriate regulations to be enforced therein, in accordance with the Pennsylvania Municipalities Planning Code, Act 247 of 1968, 53 P.S. §10101 et seq., as amended.

(Ord. 325, 5/3/1965, §6; as amended by Ord. 434, 10/4/1976, §30-6)

§1-437 Additional Powers.

In addition to the powers of §§1-435 and 1-436, the Selinsgrove Planning Commission shall have all powers of the Commonwealth of Pennsylvania Act of 1968, July 31, P.L. 805, No. 247, Article II, §209.6, 53 P.S. §10209.6.

(Ord. 325, 5/3/1965; as added by Ord. 387, 7/10/1972)

§1-438 Utilization of Resources.

The Selinsgrove Planning Commission may, with the consent of the Selinsgrove Borough Council, accept and utilize any funds, personnel or other assistance made available by the County, the Commonwealth or the Federal government or any of their agencies or from private sources. The Commission may enter into agreements or contracts regarding the acceptance or utilization of the funds or assistance in accordance with the consent of the Council and of the governmental procedures of the Borough.

(Ord. 325, 5/3/1965; as added by Ord. 387, 7/10/1972)

D.    Penn Valley Airport Authority

§1-441 Joining.

1.    The Borough of Selinsgrove does hereby consent to the Borough of Shamokin Dam, Penn Township, and Monroe Township, all of Snyder County, and the County of Snyder joining the Penn Valley Airport Authority.

2.    The appropriate officials are hereby authorized and directed to sign any and all documents necessary to effectuate the joining of the said municipalities to the Penn Valley Airport Authority.

(Res. 1980-04, 3/3/1980)

§1-442 Amendments to the Articles of Incorporation.

1.    The Articles of Incorporation of the Penn Valley Airport Authority shall be amended to add Section H stating that, “A majority of members shall constitute a quorum of the Board. All action shall be taken by a vote of a majority of the members of the Board”; and any agreement or resolution or any part thereof conflicting herewith is hereby repealed.

2.    The officers of the Borough Council of Selinsgrove are hereby authorized and directed to sign any and all documents as may be necessary to effectuate the joining of said county to the Penn Valley Airport Authority. [Res. 1986-05]

3.    The Articles of Incorporation of the Penn Valley Airport shall be amended so as to read as follows: “The Authority shall extend its term of existence to a date not exceeding 50 years from the date of approval of the Articles of Amendment.” [Res. 2001-05]

(Res. 1986-01, 12/19/1985; as amended by Res. 1986-05, 12/10/1984; and by Res. 2001-05, 5/8/2001)

E.    Eastern Snyder County Regional Authority

§1-451 Organization.

It is the desire of the Council of Selinsgrove Borough to join with the Borough of Shamokin Dam (“Shamokin Dam”), the Township of Monroe (“Monroe”), and the Township of Penn (“Penn”), all of Snyder County, Pennsylvania, and organize a joint municipal authority under the Municipality Authorities Act of 1945, Act No. 164, May 2, 1945, P.L. 382, as amended, and their intention to do so is hereby declared.

(Ord. 637, 4/4/1994, §1)

§1-452 Authority Name.

The name of the joint authority shall be “Eastern Snyder County Regional Authority.”

(Ord. 637, 4/4/1994, §2)

§1-453 Purpose.

The joint authority shall have the purpose of acquiring, holding, constructing, improving, maintaining and operating, owning, and leasing, either in the capacity of lessor or lessee, the project consisting of sewers, sewer systems, parts of sewer systems, works for treating and disposing of sewage and industrial waste, and all related facilities necessary or desirable to accept, convey, treat, and dispose of sewage and industrial waste from the collection system of each and every one of the incorporating municipalities and each and every authority at any time organized by and in existence in and for one or more of the incorporating municipalities, which purpose is authorized under the Municipality Authorities Act of 1945, as amended.

(Ord. 637, 4/4/1994, §3)

§1-454 Powers.

The powers of the joint authority shall be all those which an Authority created under the Municipality Authorities Act of 1945, as amended, is permitted to have or exercise.

(Ord. 637, 4/4/1994, §4)

§1-455 Principal Office.

The principal office of the joint authority shall be at the Eastern Snyder County Regional Treatment Plant, South Front Street, Selinsgrove, Snyder County, Pennsylvania, and its initial mailing address shall be P.O. Box 330, Selinsgrove, PA 17870.

(Ord. 637, 4/4/1994, §5; as amended by Ord. 825, 10/3/2016, §5(B))

§1-456 Members.

Each incorporating municipality shall be entitled to appoint two members to the board of the joint authority and the name and address of each of the first members of the board of the joint authority and his term of office from the January 1st next succeeding the date of incorporation are:

 

Name

Address

Term of Office

Vacancy

 

Expires 12/31/2016

Edward Mann

216 Snyder Street

Selinsgrove, PA 17870

Expires 12/31/2018

(Ord. 637, 4/4/1994, §6)

§1-457 Salary.

The members of the Board of the joint authority shall be paid a salary of $75 per month from the funds of the joint authority. The Board shall have the power to establish salaries for the officers of the joint authority and members of the Board may also be officers of the joint authority.

(Ord. 637, 4/4/1994, §7)

§1-458 Articles of Incorporation.

The President of the Borough Council shall cause Articles of Incorporation for the joint authority to be prepared and the President of the Borough Council and the Borough Secretary shall execute such Articles and seal the same with the Borough Seal.

(Ord. 637, 4/4/1994, §8)

§1-459 Completion of Incorporation and Organization.

The President of the Borough Council, the Borough Secretary, and the Borough Treasurer are hereby directed to do any and all acts and things necessary and proper and as required by the Municipality Authorities Act of 1945, as amended, to complete the incorporation and organization of the Eastern Snyder County Regional Authority.

(Ord. 637, 4/4/1994, §9)

§1-460 Transfer of All Assets.

Upon the completion of the incorporation of the Eastern Snyder County Regional Authority, the Council of Selinsgrove Borough hereby authorizes and directs the Selinsgrove Municipal Authority, for and in consideration of $1, to grant, convey, and transfer to Eastern Snyder County Regional Authority all assets of Selinsgrove Municipal Authority which are the regional sewage facilities, excepting those retained to cover liabilities related to the acquisition or operation of the regional facilities.

(Ord. 637, 4/4/1994, §10)

F.    Selinsgrove Municipal Authority

§1-461 Intent to Organize.

The Borough Council of Selinsgrove does hereby signify and express its desire and intention to organize the Selinsgrove Sewerage Authority under the Act of May 2, 1945, No. 164, for the purpose of constructing and operating sewers, a sewer system and a sewage treatment works.

(Ord. 178, 10/10/1945)

§1-462 Articles of Incorporation.

The Mayor and Secretary of the Borough are hereby authorized and directed to execute on behalf of the Borough of Selinsgrove the Articles of Incorporation of the Selinsgrove Sewerage Authority, which Articles of Incorporation shall be as follows:

ARTICLES OF INCORPORATION

TO THE SECRETARY OF THE COMMONWEALTH

Commonwealth of Pennsylvania

In compliance with the requirements of the Act of May 2, 1945, No. 164, entitled Municipal Sewerage Authority, the municipality does hereby certify that:

1.    The name of the authority is Selinsgrove Municipal Authority. [Ord. 250]

2.    The Selinsgrove Sewerage Authority is formed under the Act of May 2, 1945, No. 164.

3.    No other authority organized under the Act of June 28, 1935, P.L. 463, as amended, or under the act approved December 27, 1933, (Special Sessions, 1933, P1. 114) is in existence in or for the Borough of Selinsgrove, the incorporating municipality herein.

4.    The name of the incorporating municipality is the Borough of Selinsgrove, Snyder County, Pennsylvania, and the names and addresses of its municipal authorities are as follows:

5.    The Selinsgrove Sewerage Authority shall not be limited in its purposes and projects to the purposes and projects originally stated and for which the Authority was originally created, but the Authority shall have all powers granted by the Municipal Authorities Act of 1945, as amended to date. [Ord. 245]

6.    Extension of Term. The Borough Council hereby amends the Articles of Incorporation of the Selinsgrove Municipal Authority by extending its term for an additional 50 years from the date such amendment is approved by the Pennsylvania Department of State. The Borough Solicitor is directed to prepare the necessary Articles of Amendment for the extension of the term and the President of Council and the Borough Secretary shall execute, seal with the Borough’s seal, acknowledge, and deliver on behalf of the Borough the same together with any other documents necessary to complete the amendment. [Ord. 685]

(Ord. 178, 10/10/1945; as amended by Ord. 245, 10/7/1957, §1; by Ord. 250, 10/6/1958, §1; by Ord. 463, 11/13/1978, §1; and by Ord. 685, 10/2/2000, §3)

G.    Valley Area Transfer Authority

§1-471 Authority Created.

The Council hereby signifies its intention and desire to organize a regional authority to be known as the “Valley Area Transfer Authority” jointly with the Borough of Northumberland and the Township of Point, both in Northumberland County, or such of them as may desire to join, under the Municipal Authorities Act of May 2, 1945, P.L. 382, as amended.

(Ord. 547, 2/4/1985, §I)

§1-472 Purpose.

The purpose of the Authority is to acquire, hold, construct, improve, maintain, operate, own, lease, either in the capacity of lessor or lessee, a transfer station and equipment for the collection, removal or disposal of ashes, garbage, rubbish and other refuse materials; to coordinate the selection and operation of demolition, composting and recycling sites and programs in the region served by the Authority; and to do, perform and engage in all other lawful acts concerning any and all matters for which a municipal corporation may be incorporated under the laws of Pennsylvania.

(Ord. 547, 2/4/1985, §I)

§1-473 Expiration of Current Contract.

The Council hereby declares that it is desirable for the health and safety of the people of the Borough that it use the facilities of the Authority and that any contract to which the Borough is a party for the collection, removal or disposal of ashes, garbage, rubbish or other refuse materials either has, by its terms, expired or is terminated at the option of the Borough or will expire within 6 months from the date this Subpart becomes effective.

(Ord. 547, 2/4/1985, §I)

§1-474 Articles of Incorporation.

The President of Council and the Secretary are hereby authorized and directed on behalf of the Borough to execute and affix the Borough Seal to the Articles of Incorporation of said Authority.

(Ord. 547, 2/4/1985, §I)

§1-475 Publication.

The proper officers of the Borough are directed to cause notice of this Subpart to be published in accordance with the Act of May 2, 1945, P.L. 382, and to do all other acts and things necessary to effect the incorporation of the Valley Area Transfer Authority.

(Ord. 547, 2/4/1985, §I)

H.    Central Keystone Council of Governments

§1-481 Joining.

1.    The Council of Selinsgrove Borough, Snyder County, Pennsylvania, hereby consents to joining the Central Keystone Council of Governments, a council of governments formed under the provisions of Act 180 for the purpose of providing various services, including, but not limited to, sewage and building code enforcement.

2.    The Council of Selinsgrove Borough, Snyder County, Pennsylvania, does hereby direct the officers of Selinsgrove Borough to execute an agreement with such other municipalities as they desire to enter into an agreement to accomplish the purposes as set forth herein. The agreement shall provide, inter alia, for the following:

A.    The Council of Governments shall provide, initially for a building codes program and an on lot sewer program and may provide for such other services and programs as it deems appropriate in the future.

B.    The term of the Council of Governments and the agreement shall be perpetual subject to the right to terminate upon at least 12 months notice.

C.    The Council of Governments shall have all the powers necessary to accomplish the intent of the agreement.

D.    The Council of Governments shall be supported by contributions from its members, grants and fees for services.

E.    The Council of Governments shall be governed by a Board of Directors, Officers and an Executive Committee.

F.    Real and personal property may be purchased, sold or leased by the Council of Governments, in accordance with applicable law.

G.    The Council of Governments shall have the power and authority to enter into contracts for group insurance and employee benefits.

3.    The Council of Selinsgrove Borough, Snyder County, Pennsylvania, is hereby authorized to enter into contracts with the Central Keystone Council of Governments to provide such services, programs and joint purchases as the Borough Council shall, by resolution, determine, from time to time.

(Ord. 722, 4/5/2004)