SOUTHWESTERN REGIONAL POLICE BOARD
October 10, 2018 – 7:00 PM
Meeting called to order by Chairman M. Bollinger at 7:00 pm. The following were in attendance:
- Shearer, R. Lint – N. Codorus Twp.
- Bollinger, T. Frock – Heidelberg Twp.
- Stambaugh – Manheim Twp.
- Hilt, R. Whyland – Spring Grove Borough
- Stalcup – Sergeant
- Nickell – Police Administrator
- Tilley – Solicitor
PUBLIC COMMENT: Willa LeFever, a resident of North Codorus Township (NCT), had several questions, as follows:
- How many residents of NCT have expressed dissatisfaction with the police department, and how many of those complaints were in writing? M. Bollinger stated that the Police Board is not aware of any residents of any of our townships or borough being dissatisfied.
- How many residents of NCT have expressed satisfaction with the police department, and how many were expressed in writing? Ms. LeFever explained she is trying to ascertain whether the residents of NCT are in agreement with the NCT Board’s decision to withdraw from the police department. M. Bollinger stated that there have been several times that the Chief has shared thank you letters from satisfied residents with the Police Board.
- She is aware that York College has offered to conduct a survey of the residents served by the police department – why didn’t the Police Board support this offer? M. Bollinger stated that three of the four municipalities did agree to the survey; NCT decided that they did not want the survey. The survey is to take place in April of 2019, and the Police Board will be directly involved in what questions will be asked on said survey.
- If the Police Board voted “yes” to conduct the survey, would it include the residents of NCT? M. Bollinger stated that he doesn’t think NCT could stop the mailing of the surveys to NCT residents.
- What is the process for withdrawing from the police department? W. Tilley gave the following explanation:
- Article 13 of the Articles of Agreement states that the Notice of Intent to Withdraw must be given at least one year prior to withdrawing. NCT has fulfilled this requirement, with a withdrawal date of 1/1/2020.
- For the next year we will be evaluating the formula set forth in Article 13 to withdraw. The withdrawing municipality must pay the cost of withdrawal, and they must pay any additional costs the remaining municipalities incur. At the end of this meeting there will be an Executive Session to discuss details on how to proceed.
- Is there an estimate of what it may cost NCT to withdraw from the police department? W. Tilley stated that it is very early in the process, so he cannot give exact amounts. A very loose estimate/hunch is around $1,000,000.
- Is rejoining the police department an option? W. Tilley stated, yes, it is a possibility, as long as all of the parties agree to it.
- Ms. LeFever stated that she is not convinced that NCT supervisors will be satisfied with their decision to withdraw from the police department long-term; therefore, she is very interested in how they could rejoin the department. W. Tilley replied that NCT is a full member of the police department until 1/1/2020; so there is no procedure to rejoin during that time. Article 12 of the Articles of Agreement gives the procedure for a new municipality to join, so that is how NCT would presumably rejoin the department. Another option would be to contract services and not be a full member of the department. W. Tilley apologized if his answers are vague; we just received the letter from NCT yesterday and there hasn’t been time to research all the possibilities.
- Ms. LeFever stated that she is concerned with the fact that Mr. Shearer stated last month that NCT would not make a decision about withdrawing until November. The NCT supervisors are operating outside of integrity, and she finds this very concerning.
MINUTES: Review of the minutes of September 12, 2018. Motion by R. Whyland, second by B. Hilt to approve the minutes as presented. Motion carried with (1) abstention; R. Shearer stated he did not read them yet.
New Business was discussed next due to the fact that Chairman Bollinger had to leave the meeting early, and wanted to be present during the discussion of the Notice of Intent to Withdraw letter received from NCT.
NCT Letter of Intent to Withdraw: This will be discussed in detail during Executive Session.
- Tilley advised that it is appropriate that the three municipalities that are remaining attend the Executive Session without the representatives from NCT. No action is needed tonight. The letter requests a Separation Agreement be completed within thirty (30) days; based on the procedure that needs to be followed, this is not a realistic timeframe. No limit is given in the Articles of Agreement; it states “prior to the effective date of termination”. He recommends the Board takes its time in working through all the issues. An accounting firm will need to be hired to conduct an actuarial report; NCT may decide to have this done separately and in addition to the one done by the Police Board. Resources will need to be used in order to develop a Separation Agreement that addresses all of the issues that will be impacted as the result of any separation should it occur. In the meantime, NCT will continue to receive full police service and we will need to be as transparent as we can, keeping employees and the public apprised as fully as they can be.
Due to the fact that Chief Bean could not attend the meeting, he provided a written response which was read by Sgt. Stalcup. Key points of the Chief’s written response were as follows:
- Requests NCT to reconsider their decision to withdraw.
- R. Shearer stated in last month’s Police Board meeting that NCT would wait until November to make any decisions.
- We have contacted six (6) municipalities, offering services to them in an effort to cut costs of our member municipalities.
- We have been told we are too expensive. However, the cost system was designed with the help of NCT representatives. Our costs are the lowest of any regional department in York County, and almost the lowest in the entire State.
- He finds it very concerning that a community leader would treat their most important service (public safety) in a vacuum. NCT has purposely avoided any public input from their nearly 9,000 residents. Since they are the ones receiving and paying for this service that is wrong.
- Mr. Shearer has said in an open, public meeting that he does not want to have a public meeting like they had the last time they threatened to withdraw from the department (residents were given the opportunity to voice their opinion about withdrawing). When questioned about this, he replied, “Why wouldn’t they want to save money?”
- He is asking that democracy be allowed to take place in NCT. Residents should advise their leaders what type of police service they want, they should be permitted to do so.
There was no comment or further discussion on this issue.
2018 Pension State Aid: V. Nickell reported that the department has received the Pension State Aid in the amount of $135,847.26. This is the first time in several years that we received all of our units – 29 (2 units for each officer + 1 for non-uniform). One unit ($4,684.39) was kept to reimburse funding of the non-uniform pension; the balance of $131,162.87 was deposited into the uniform pension. The uniform pension MMO for 2018 was $79,040. In view of the fact that we received our full amount of State Aid, the Board may want to reconsider the 2019 MMO in which a full 5% is being contributed by the officers, resulting in the MMO amount of $86,322.
York New Salem: M. Bollinger reported that York New Salem is interested in getting prices from us for police service. They are currently serviced by West Manchester Township. He suggested that we continue operating with the goal of lowering costs, and asked if the Board is interested in proceeding in talks with York New Salem. The consensus of the Board was “yes”.
TREASURER’S REPORT: (Attachment A) Treasurer’s Report was presented. V. Nickell pointed out that two (2) temporary transfers have been made from the Reserve Fund in the amounts of $15,000 and $52,000 until the funds are received from the municipalities for the 4th quarter. B. Hilt asked how much a new breath-o-lizer costs, as it seems expensive to repair them. Sgt. Stalcup said he believes they cost $1,200 – $1,500 new, but V. Nickell will research it and find out for sure. Motion by B. Hilt, second by S. Stambaugh to approve the Treasurer’s report as presented. Motion passed with one (1) abstention, R. Shearer.
- Bollinger left at this point and S. Stambaugh took over as chair of the meeting.
The crime stats for September were reviewed. There were 355 calls for service, 155 traffic stops and 27 people were arrested with 34 charges being filed.
Chief’s Notes (Attachment B): The Chief’s Notes were presented by Sgt. Stalcup as attached. There weren’t any questions or comments.
- Whyland reported that he and the Chief attended the borough council meeting of Jefferson Borough on Monday night and made a presentation about our police services. M. Bollinger did the same at the Seven Valleys Borough meeting, on the same evening. He reported that they were well received. He found it interesting that the new Lieutenant from PA State Police was at the Jefferson Borough meeting to present their activity for the first time; they had a good conversation regarding what kind of concerns there are in Jefferson.
- Hilt referred to last month’s minutes, quoting; “Motion by M. Bollinger, second by B. Hilt to submit the proposed 2019 budget to the municipalities for their consideration. R. Shearer asked if voting yay for this means that you are in agreement with the budget that is being submitted. W. Tilley replied yes, you are agreeing that the needs of the department are reflected in the budget. If you vote no, then it becomes incumbent upon you to come up with another budget for submission to the municipalities.” The three (3) nays for this motion were T. Frock, R. Lint, and R. Shearer. She asked they have come up with another budget. R. Shearer replied that he gave a list to Chief Bean last month and he had given it to M. Bollinger eight (8) months ago. She asked Sgt. Stalcup if Chief Bean would have this to present at the next meeting. He replied that he did not know; V. Nickell stated she would let Chief know of B. Hilt’s request.
- Stambaugh announced that the Board would be adjourning into Executive Session at 7:37 pm. L. Riebling, in the audience, asked if they would be reconvening into Public Session. W. Tilley replied no, there is no need, as no action will be taken tonight. Burnell Doll, Manheim Township Supervisor, commented that a monthly township supervisor’s publication listed the safest places to live in Pennsylvania. The jurisdiction of Southwestern Regional Police was listed at the 25th safest place in the entire State. He stated that the police department is doing a good job.
- Riebling asked what the preface of the Executive Session was. W. Tilley replied legal matters, to discuss a response to NCT’s letter of Intent to Withdraw; NCT Board members will not be attending.
The Board adjourned into Executive Session at 7:39 pm.