City Council

Borough of Highspire Workshop Meeting of the Highspire Borough Council March 11, 2025 (Please Note: Workship meetings may be used for official deliberations and decisions) "The opinion of 10,000 men is of no value if none of them knows anything about the subject.” ― Marcus Aurelius 1. Call to Order 2. Prayer/Pledge of Allegiance 3. Roll Call 4. Acceptance of Minutes – Regular Meeting held on February, 18, 2025 5. Financial Reports a. Treasurer’s Report for February, 2025 b. Monthly Financial Statements – February, 2025 1. General Fund 2. Sewer Administration Fund 3. Sewer O & M Fund 6. Mayor’s Report 7. Public Safety Director’s Report – February to March, 2025 8. Fire Department Reports a. Fire Chief Report – Monthly Report for February, 2025 b. Treasurer’s Report 9. South Central Emergency Medical Services Report for January, 2025 Page | 1 10. Citizens’ Comments (limit 3 minutes) 11. Committee Reports a. Public Facilities Committee b. Sanitation Committee c. Highspire Happenings d. Finance/Administration Committee e. Personnel Committee f. Community Development Committee g. Public Safety Committee h. Maintenance & Repair Committee 12. Staff Activity Reports a. Borough Manager’s Report - Mark Stonbraker b. Code Enforcement Report - Deanna Proctor c. Public Works Department Report - Randy Kreider d. Highspire Authority – Bob Sutch e. Grant Administrative Report & Fire Department Financial Report f. Sewer Billing Adjustments & Reconciliations for February, 2025 g. Safety Committee 13. Solicitor’s Report 14. Engineer’s Report 15. Old Business a. Page | 2 16. New Business a. Motion to direct staff to release the March, 2025 contribution to the Citizens Fire Company #1 of Highspire as indicated in the 2025 General Fund Budget (411.500). Amount to be paid to the Company $3,500.00. b. Motion to (approve/reject/table) the publication of Highspire Borough Ordinance No. 659 of 2025 approving appointment of solicitor, interest assessment and attorney fees and collection fees added to the amount collected as part of unpaid real estate taxes and municipal claims for delinquent accounts. c. Motion to (approve/reject/table) the contract amendment to the agreement between Portnoff Law Associates, Ltd. and the Borough of Highspire for collection of delinquent real estate taxes and municipal claims on behalf of the Borough. In addition to the collection of delinquent real estate tax accounts and delinquent sewer and stormwater fee accounts, the Borough agrees to retain Portnoff to collect the Borough’s delinquent trash fee accounts. d. Motion to (approve/reject/table) the successful completion the 90-day employment probation period for Highspire Wastewater Treatment Plant employee Jed D. Halbleib. Mr. Halbleib’s probation period concludes on March 2, 2025. e. Motion to (approve/reject/table) the successful completion the 90-day employment probation period for Highspire Wastewater Treatment Plant employee Cody S. McLachlan. Mr. McLachlan’s probation period concludes on March 20, 2025. f. Motion to (approve/reject/table) the promotion of Highspire Public Works employee Cody S. McLachlan to the position of “Operator I” effective March 3, 2025. On February 27, 2025 Mr. McLachlan completed the required CDL certification for the position. g. Motion to (approve/reject/table) the successful completion of the One (1) year employment probation period for Highspire Police Officer Robert J. Schmidt. Officer Schmidt’s probation period concluded on February 5, 2025. h. Motion to (approve/reject/table) Highspire Borough Council Resolution No. 12 of 2025 authorizing the filing of an application for a grant with the Pennsylvania Department of Conservation and Natural Resources for Highspire Memorial Park Improvements – Phase One. i. Motion to (approve/reject/table) the collective bargaining agreement between the Highspire Police Association and the Borough of Highspire for 2026 thru 2029. Page | 3 17. Approval of Payroll and Bills 18. Adjournment "The only thing I know is that I know nothing, and I am not quite sure that I know that.” ― Socrates Page | 4  BOROUGH OF HIGHSPIRE DAUPHIN COUNTY, PENNSYLVANIA ORDINANCE NO. 659 of 2025 AN ORDINANCE OF THE BOROUGH COUNCIL OF THE BOROUGH OF HIGHSPIRE, DAUPHIN COUNTY, PENNSYLVANIA, APPROVING APPOINTMENT OF SOLICITOR, INTEREST ASSESSMENT, AND ATTORNEY FEES AND COLLECTION FEES ADDED TO THE AMOUNT COLLECTED AS PART OF UNPAID REAL ESTATE TAXES AND MUNICIPAL CLAIMS FOR DELINQUENT ACCOUNTS WHEREAS, to be fair to all taxpayers and other residents of the Borough of Highspire (the “Borough”), it is necessary for the Borough to recover promptly unpaid, delinquent real estate tax accounts and unpaid, delinquent sewer and stormwater, and trash fee accounts, if necessary, by legal proceedings; and WHEREAS, the Municipal Claims and Tax Liens Act, 53 P.S. § 7101, et seq., as amended (the “Act”), provides a statutory framework for Municipalities to collect unpaid Tax Claims and Municipal Claims; and WHEREAS, § 7101 of the Act authorizes a Municipality levying Taxes, Tax Claims, Tax Liens, Municipal Claims and/or Municipal Liens that become delinquent (each, an “Unpaid Claim”) to recover the Charges, Expenses, Commissions and Fees incurred in the collection of the Unpaid Claims together with the applicable Unpaid Claim, provided that such Charges, Expenses, Commissions and Fees are approved by Legislative Action of such Municipality; and WHEREAS, § 7106 of the Act requires that the applicable Municipality adopt by Ordinance a schedule of Attorney Fees for any Attorney Fees incurred in connection with the filing, preservation and collection of any Delinquent Account, including any Unpaid Claim; and WHEREAS, the Borough has determined after due deliberation and investigation that it is in the best interest of the Borough to collect certain Unpaid Claims pursuant to the Act, and after careful review of the Attorney Fees and Collection Fees set forth in this Ordinance, to approve and adopt such Attorney Fees and Collection Fees pursuant to this Legislative Action in accordance with the Act. NOW, THEREFORE, IT IS HEREBY ORDAINED, ENACTED AND ADOPTED BY THE COUNCIL OF THE BOROUGH OF HIGHSPIRE AS FOLLOWS:  Section 1. Attorney Fees and Collection Fees to be Added to the Unpaid Claims. The Attorney Fees and Collection Fees set forth below are hereby adopted, approved, and determined to be reasonable, including, without limitation, as contemplated by § 7106 of the Act. The Attorney Fees and Collection Fees set forth below shall be included and added to the applicable Unpaid Claims collected pursuant to the Act (such Unpaid Claims, the “MCTLA Unpaid Claims”) in an amount equal to the amount set forth in this Section 1. (a) Attorney Fees. Initial review and sending first legal demand letter $175.00 File Lien and prepare Satisfaction $250.00 Prepare Writ of Scire Facias $250.00 Prepare and mail letter under Pa. R.C.P. 237.1 $ 50.00 Prepare Default Judgment $175.00 Research, prepare and obtain re-issued Writ $175.00 Prepare Praecipe to Amend $100.00 Prepare Motion to Amend $150.00 Prepare Motion for Alternate Service $250.00 Prepare Motion to Consolidate Claims $250.00 Amend claim to add United States as defendant $250.00 Prepare Writ of Execution $800.00 Preparation for sheriff’s sale; review schedule of distribution and resolve distribution issues $400.00 Prepare Motion to Continue Sheriff’s Sale $ 50.00 Prepare Petition for Free and Clear Sale $400.00 Preparation and service of Subpoena $100.00 Presentation of Motion or Petition $ 50.00 Services not covered above At an hourly rate between $75.00-$275.00 per hour (b) Collection Fees. Validation notice $ 25.00 per notice Notice of delinquent claim and fee shifting $ 40.00 per notice, plus applicable postage Bookkeeping fee for payment plan of 3 months or less $ 25.00 Bookkeeping fee for payment plan of more than 3 months $ 50.00 Handling fee for returned check $ 25.00 In addition to the Collection Fees set forth under Section 1(b) above, the amount of out-of-pocket charges, costs, expenses, commissions and fees incurred in connection with the filing, preservation and collection of the MCTLA Unpaid Claims, including, but not limited to, prothonotary fees and charges, sheriff fees and charges, postage expenses, title search expenses, vehicle identification number (VIN) search expenses, skip tracing and/or other investigatory service expenses, and the costs, fees, charges and/or expenses arising out of any payment by any credit card, debit card or any other payment medium, are hereby approved and shall be included, upon incurrence, together with the applicable MCTLA Unpaid Claim. Section 2. Interest. Interest will be assessed upon the MCTLA Unpaid Claims at a rate of 10% per annum and added to the MCTLA Unpaid Claims. The Borough is permitted to waive any interest on any MCTLA Unpaid Claim when the Borough or any attorney and/or third-party collector collecting the MCTLA Unpaid Claim believes, in its discretion, that such amount is de minimis or that the cost or burden of continuing collection outweighs the benefit of collecting the interest. Section 3. Appointment of Solicitor. The Borough appoints Michelle R. Portnoff, Esquire, as Solicitor for the limited purpose of collecting the MCTLA Unpaid Claims and hereby authorizes her, and all attorneys employed by Portnoff Law Associates, Ltd., to sign any and all documents, including tax claims, municipal claims, and liens, on behalf of the Borough. Section 4. Severability. Should any section, paragraph, clause, or phrase of this Ordinance be declared unconstitutional or invalid by legislation or a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby and shall remain in full force and effect. Section 5. Inconsistencies. All prior ordinances, resolutions and/or other official acts or parts thereof inconsistent herewith are hereby repealed to the extent of such inconsistencies. Section 6. Capitalized Terms. Capitalized terms used herein but not defined herein shall have the meanings ascribed to such terms in the Act.  Section 7. Effective Date. This Ordinance shall take effect on the earliest date permitted pursuant to applicable law. DULY ORDAINED, ENACTED AND ADOPTED BY THE BOROUGH COUNCIL OF THE BOROUGH OF HIGHSPIRE THIS 8th OF APRIL, 2025. BOROUGH COUNCIL Attest: BOROUGH OF HIGHSPIRE _________________________________ _ Mark L. Stonbraker, Borough Secretary Michael J. Anderson, Council President APPROVED this 18th day of March, 2025 by the Mayor of the Borough of Highspire, Dauphin County, Pennsylvania. By: __________ Von E. Hess, Mayor The Proposed Ordinance will be considered for adoption at the regular meeting of the Highspire Borough Council on March 18, 2025 at 7:00 p.m. at the Highspire Borough Municipal Building. All interested residents are encouraged to attend.  AMENDMENT TO AGREEMENT FOR COLLECTION OF DELINQUENT REAL ESTATE TAXES AND MUNICIPAL CLAIMS ON BEHALF OF THE BOROUGH OF HIGHSPIRE The Borough of Highspire (the “Borough”) and Portnoff Law Associates, Ltd. (“Portnoff”) entered into an Agreement for Collection of Delinquent Real Estate Taxes and Municipal Claims on Behalf of the Borough of Highspire executed by the Borough on December 10, 2024, and by Portnoff on December 12, 2024 (the “Agreement”). The parties wish to amend the Agreement as follows: 1. In addition to the collection of delinquent real estate tax accounts and delinquent sewer and stormwater fee accounts, the Borough agrees to retain Portnoff to collect the Borough’s delinquent trash fee accounts. 2. All other terms and conditions contained in the Agreement shall remain in full force and effect. BOROUGH OF HIGHSPIRE PORTNOFF LAW ASSOCIATES, LTD. By: _____________________________ By: _____________________________ Attest: __________________________ Attest: __________________________ Date: ___________________________ Date: ___________________________  Commonwealth of Pennsylvania RESOLUTION PAGE https://apps.dcnr.pa.gov/grants DCNR-C2P2 Applicant Information (* indicates required information) Applicant/Grantee Legal Name: HIGHSPIRE BOROUGH Web Application ID: 2011760 Project Title: Highspire Borough Memorial Park Improvements - Phase One WHEREAS, the BOROUGH OF HIGHSPIRE ("Applicant") desires to undertake the project, "Highspire Borough Memorial Park Improvements - Phase One" ("Project Title"); and WHEREAS, the applicant desires to receive from the Department of Conservation and Natural Resources ("Department") a grant for the purpose of carrying out this project; and WHEREAS, the application package includes a document entitled "Terms and Conditions of Grant" and WHEREAS, the applicant understands that the contents of the document entitled "Terms and Conditions of Grant," including appendices referred to therein, will become the terms and conditions of a Grant Agreement between the applicant and the Department if the applicant is awarded a grant; and NOW THEREFORE, it is resolved that: 1. The grant application may be electronically signed on behalf of the applicant by "Mark L. Stonbraker" who, at the time of signing, has a TITLE of "Borough Manager" and the email address of "mstonbraker@highspire.gov" ("Official"). 2. If this Official signed the Grant Application Electronic Authorization prior to the passage of this Resolution, this grant of authority applies retroactively to the date of signing. 3. If the applicant is awarded a grant, the Grant Application Electronic Authorization, signed by the above Official, will become the applicant/grantee's executed signature page for the Grant Agreement, and the applicant/grantee will be bound by the Grant Agreement. 4. Any amendment to the Grant Agreement may be signed on behalf of the grantee by the Official who, at the time of signing of the amendment, has the "TITLE" specified in paragraph 1 and the grantee will be bound by the amendment. I hereby certify that this Resolution was adopted by the Borough Council of the Borough of Highspire (identify the governing body of the applicant, e.g. city council, borough council, board of supervisors, board of directors) of this applicant, this 18th day of March , 2025 . X (signature of the governing body - cannot be the person with the same title as specified in paragraph 1) Michael J. Anderson (printed name) Borough Council President (title)  HIGHSPIRE BOROUGH POLICE CONTRACT THIS AGREEMENT between the Borough of Highspire, Dauphin County, Pennsylvania (hereinafter referred to as the "Borough") and the Highspire Borough Police Officers' Association (hereinafter referred to as the "Association") made this 18th day of March, 2025, effective at 12:01 A.M. on the first day of January 2026. ARTICLE 1 - BARGAINING UNIT: This contract shall cover all uniformed or plainclothes sworn police officers employed by the Borough, exclusive of the Chief of Police, as certified by the Pennsylvania Labor Relations Board in Case No. PF-R-86-12-E. The terms and conditions of this Agreement shall apply to both full-time and part-time officers unless the terms hereof shall specifically denote otherwise; and any reference(s) in this Agreement to the male gender shall include the female gender. Upon receipt of a duly executed written authorization, the Borough shall deduct a specified amount from an officer's paycheck as Association dues. On a monthly interval, the Borough shall pay over such withheld sums to the Association. The Association may designate a specific bank account into which such dues deductions shall be deposited, or may elect to receive such amounts directly. A dues deduction authorization shall be effective until revoked, in writing, by an officer; and such revocation may only be exercised within the fifteen (15) day period from December 16th to December 31st of each calendar year. The Association shall indemnify and hold the Borough harmless against any and all claims, suits, orders or judgments brought or issued against the Borough as the result of the action taken or not taken by the Borough under the provisions of this Article. ARTICLE 2 - CONTRACT TERM: This contract shall be for a period of (4) Four years, commencing at 12:00:01 A.M. on January 1, 2026, and ending at midnight on December 31, 2029. Unless otherwise specifically stated herein, all benefits established herein shall be effective as of January l, 2026, notwithstanding the date upon which this Agreement shall be executed. This Agreement shall only be for one year, unless modified by the Parties through collective bargaining processes for such successive calendar years pursuant to the provisions of the Pennsylvania Public Employee Relations Act. ARTICLE 3 - MANAGEMENT RIGHTS: The Borough shall retain all management rights not modified by the terms of this Agreement. It is specifically understood and agreed that the Borough shall have the right to supervise, manage and control the operation of its police department and its police protection program. Notice of the promulgation of any rule or regulation by the Borough shall be given to the Association at least ten (10) days prior to its effective date. Said rules and regulations shall not be inconsistent with any of the terms or conditions of this Agreement. The Association shall have the right to meet with the Chief of Police to discuss the provisions or application of any such rule or regulation. ARTICLE 4 - SEVERANCE PAY: If for any reason of economy or other reasons it shall be deemed necessary by the Borough Council to reduce the number of full-time police officers of the Department, and if he/she is not eligible for retirement under the terms of the present pension plan, he/she shall receive compensation equal to one (1) week's pay for each year of service, up to a maximum of six (6) weeks of pay. If at any time any full-time police officer is reinstated to full-time position, the compensation shall cease one (1) day prior to the first pay period of the reinstatement. ARTICLE 5 - SALARY: During the term of this contract, the annual base salary for an officer employed by the Borough of Highspire shall be according to the following schedule, and shall be based upon such officer's anniversary date of hire:  2025 2026 - 0.00% 2027 - 3.0% 2028 - 3.0% 2029 - 3.0% Full Time 1.00 1.0300 1.0300 1.0300 Uncertified $ 55,000.00 $ 55,000.00 $ 56,650.00 $ 58,349.50 $ 60,099.99 Certified $ 59,133.48 $ 59,133.48 $ 60,907.48 $ 62,734.71 $ 64,616.75 After One Years $ 71,430.27 $ 71,430.27 $ 73,573.18 $ 75,780.37 $ 78,053.78 After Two Years $ 76,073.24 $ 76,073.24 $ 78,355.44 $ 80,706.10 $ 83,127.28 After Three Years $ 81,018.00 $ 81,018.00 $ 83,448.54 $ 85,952.00 $ 88,530.56 After Four Years $ 86,284.17 $ 86,284.17 $ 88,872.70 $ 91,538.88 $ 94,285.04 After Five Years $ 93,685.53 $ 93,685.53 $ 96,496.10 $ 99,390.98 $ 102,372.71 Sergeant $ 98,331.03 $ 98,331.03 $ 101,280.96 $ 104,319.39 $ 107,448.97 Part-Time Uncertified $ 26.57 $ 26.57 $ 27.37 $ 28.19 $ 29.03 Certified $ 39.85 $ 39.85 $ 41.05 $ 42.28 $ 43.55 5.1 Lateral Transfers: Any officer hired during the terms of this contract that has prior full-time law enforcement experience can begin at the pay rate based on years of experience, up to a maximum of a three (3) year officer rate of pay. Any officer currently employed by the Highspire Police Department with prior full-time years of experience can move up to the pay rate based on their years of experience, up to three (3) years of experience, as long as they have not maxed out at the respective pay rate. 5.2 Shift Differential: During the term of this Agreement, each Police Officer working a scheduled patrol shift shall be paid a shift differential of One Dollar ($1.00) per hour for all hours worked between 6:00 P.M. until 6:00 A.M. Shift Differential shall only be paid for scheduled patrol shifts to include overtime patrol shifts and do not include special details, assignments, training or other duties outside of patrol. ARTICLE 6 - LONGEVITY: In addition to the salary set forth in Article 5, a longevity service increment shall be granted to each full-time officer who has completed six (6) years of service. The longevity payment shall be calculated according to the following formula: Years of Service x $200.00 = Longevity payment Such longevity payment shall be made in a lump sum on an officer's employment anniversary date. However, the foregoing longevity payment shall be limited to the sum of $4,000.00 for any one officer in any calendar year. ARTICLE 7 - WORK SCHEDULING: 7.1 The Police Department currently operates on a permanent shift, twelve (12) hour schedule. The schedule shall each officer to be off every other weekend and be scheduled two (2) days on-duty, two (2) days off-duty, three (3) days on-duty for week one. Followed by two (2) days off-duty, two (2) days on-duty and three (3) days off-duty for week 2. See the schedule below for reference. Officers MON TUES WED THUR FRI SAT SUN MON TUES WED THU FRI SAT SUN Day 1 6a-6p 6a-6p Off Off 6a-6p 6a-6p 6a-6p Off Off 6a-6p 6a-6p Off Off Off Night 1 6p-6a 6p-6a Off Off 6p-6a 6p-6a 6p-6a Off Off 6p-6a 6p-6a Off Off Off Swing 1 Off Off 3p-3a 3p-3a Off Off Off 3p-3a 3p-3a Off Off 3p-3a 3p-3a 3p-3a Day 2 Off Off 6a-6p 6a-6p Off Off Off 6a-6p 6a-6p Off Off 6a-6p 6a-6p 6a-6p Night 2 Off Off 6p-6a 6p-6a Off Off Off 6p-6a 6p-6a Off Off 6p-6a 6p-6a 6p-6a Sergeant 8a-4p 8a-4p 8a-4p 8a-4p 8a-4p Off Off 8a-4p 8a-4p 8a-4p 8a-4p 8a-4p Off Off  It is recognized that an officer's individual schedule may be modified from time to time to cover valid operation conditions, including, but not limited to, vacations, personal leave, bereavement leave, sick leave, court time, schooling or emergency situations. The Borough and the Association may, at any time, mutually agree to any other work scheduling system. This work schedule may involve working various work shifts and may be modified by the Borough or the Chief of Police as operational needs of the Department may require. 7.2 WORK WEEK – A work week shall consist of a seven (7) day period Monday through Sunday. 7.3 WORK SHIFT - A work shift shall be continuous twelve (12) hour period, normally occurring between the hours of 6:00 A.M. to 6:00 A.M., (24-hour period). However, when a work shift shall evenly span two (2) calendar days such work shifts shall be charged against the calendar day in which it commences; likewise, when a work shift shall unevenly span two (2) calendar days, such work shift shall be charged against the calendar day in which the majority of the regular work shift time occurs. Each officer shall normally be assigned to only one (l) work shift per calendar day, bona fide emergencies excepted. The basic work shifts of each calendar day shall be 6:00 A.M. to 6:00 P.M. and 6:00 P.M. and 6:00 A.M. with a swing shift when appropriately staffed of 3:00 P.M. to 3:00 A.M. However, the Borough may schedule work shifts in addition to the foregoing basic shifts. 7.4 WORK SHIFT SELECTION: (A) Each full-time officer, in the order of his seniority (most senior first) shall be permitted to select his work shift preference. (B) If the number of officers selecting a work shift shall be the same or less than manpower needs for that shift, then each officer shall be assigned that shift for ten (10) months per year. Each officer may be assigned shifts other than his preferred shifts for two (2) months per year at the discretion of the Chief. (C) If the number of officers selecting a work shift shall be greater than the manpower needs for that shift then the needed number of officers shall be assigned to that shift, in order of seniority, for nine (9) months per year. Each officer may be assigned shifts other than his preferred shift for three (3) months per year at the discretion of the Chief. ARTICLE 8 - DEPARTMENT STAFFING: The position of Sergeant will be maintained by a full-time police officer of the Highspire Borough Police Department. This position will be permanent. The Borough will have 120 days to fill the Sergeant position upon a vacancy. The pay for Sergeant will be set in Article 5 of the Highspire Borough Police Contract. ARTICLE 9 - OVERTIME: A full-time officer shall be paid at the rate of one and one-half (l & l/2) times his regular hourly rate for all time worked in excess of twelve (12) hours per work shift or for eighty (80) hours per work period (this does not include the four (4) hours of overtime built into the schedule that shall be awarded as compensation time only equaling six (6) hours per pay – see Article 11 for reference). A full-time officer's applicable regular hourly rate of pay shall be determined by dividing his annual salary, including any longevity, by the sum of two thousand and eighty (2080) hours. In determining an officer's eligibility for overtime pay, any of the following shall be counted as time worked for the purposes of determining the fulfillment of an officer's work shift, work week and/or work period requirements: regular work hours, holidays, annual leave, bereavement leave, personal leave, sick leave, compensatory time, court time, schooling /training time, and work-related disability. Part-time officers shall be paid at a rate of one and one-half (l & l/2) times their regular hourly rate for all time worked in excess of eight (8) hours per week shift or for eighty (80) hours per work period. For the purposes of this article, a work period shall consist of a two (2) week period. There shall be no pyramiding of overtime or any other type of premium pay under any provision of this agreement.  ARTICLE 10 - CALL TIME: In the event that an officer is recalled from an off-duty status, after having left work, he shall be compensated for a minimum of three (3) hours at the overtime rate, even if released from duty status prior to the completion of said three (3) hour period. Such call time shall begin when the officer is called out to work, and shall continue until he shall return home or to such other place from where he was called out to work. ARTICLE 11 - COMPENSATORY TIME: A full-time officer shall be afforded the right to accumulate paid, off-duty, compensatory work hours. During the course of a calendar year such officer may accumulate up to eighty (80) compensatory hours. An officer who has accumulated more than eighty (80 compensatory hours as of December 31st of any calendar year, shall be paid for such excess accumulation at his current rate of pay. Upon separation or retirement from the Department, an officer shall be paid the full current value of any unused accumulated compensatory time. An officer may elect to utilize his accumulated compensatory time in units of four (4) hours at his discretion, with the approval of the Chief of Police, which approval shall not be unreasonably withheld. ARTICLE 12 - TEMPORARY PAY: Whenever an officer, exclusive of the Sergeant, is designated to perform the function or duty of Chief of Police, such officer shall receive a bonus of $2.00 per hour for all hours, not including vacation or any other type of leave, in which he works as Chief of Police including hours spent responding to calls received at home related to the operation of the Department. ARTICLE 13 - SCHOOLING: Whenever an officer is requested or directed to attend any police related training or similar function, the Borough shall pay all his tuition and other reasonable expenses, as well as travel, provided such travel time is on such officer's regularly scheduled workday. ARTICLE 14 - COURT TIME: Any appearances, of whatever nature, in any judicial or administrative proceeding, which arises from an officer's performance of duty, shall be deemed to be work time; and as such, an officer shall be compensated at his regular or overtime rate, as the case may be. Any officer who is required to be on "standby" for any such appearance, during his off-duty time, shall be paid at his straight time hourly rate for any such standby time. Standby court time shall be computed during the regular hours when the court is in session, from the time set forth in the subpoena or other notice to attend, or the time at which the officer is placed on standby status, as the case may be, and shall continue until the officer returns to an on-duty status, or is called to appear at such proceeding, or is otherwise notified that he is no longer on standby status. Once a full time off-duty officer reports to such proceeding, he shall be paid at his overtime rate for all such court time until he shall be released from same, or until he shall commence a regularly scheduled work shift. Part time officers shall not be paid overtime for court or Magistrate proceedings unless the actual time exceeds twelve (8) hours. Instead, part—time officers will be compensated a minimum of three (3) hours at their regular pay rate. Full-time officers can chose to take such overtime as compensatory time at the rate of one and one—half ( 1 ½) times their regular hourly rate (example 3 hours of overtime equates to four point five (4.5) hours of compensatory time. Any officer who is required to attend a Magistrate's court proceeding during his off-duty time, shall be paid a minimum of three (3) hours at the officer’s overtime rate of pay, or the actual number of hours worked, whichever is greater. An officer who is required to attend a Court of Record or administrative proceeding during his off-duty time, shall be guaranteed a minimum of four (4) hours, or the actual number of hours worked, whichever is greater. The computation of court time as aforesaid shall include all reasonable travel to and from such proceedings. An officer shall be entitled to keep any witness fees which he may receive. Any parking fees, or other expenses related to any court attendance shall be reimbursed by the Borough. The Borough shall provide Borough transportation for court attendance whenever possible. In the event that an officer shall utilize his personal vehicle for transportation to or from any court proceeding, he shall be reimbursed for his mileage at the maximum rate permitted by the IRS. ARTICLE 15 - BEREAVEMENT LEAVE: Each full-time officer shall be granted bereavement leave, with pay, according to the following terms and schedule:  IMMEDIATE FAMILY: An officer shall be entitled to take five (5) consecutive days off, excluding regularly scheduled off-duty days, following the date of death of a member of his immediate family, for the purpose of attending to the funeral or other related necessities of such occurrence. Immediate family is defined as: SPOUSE, CHILD, STEPCHILD, P- ARENT, STEP-PARENT, BROTHER, STEP-BROTHER, SISTER or STEP-SISTER. (For the purposes of this article a “day off” equates to the number of hours the officer is scheduled to work that day.) NEXT OF KIN: An officer shall be entitled to take two (2) days off-duty following the date of death of a next of kin, for the purpose of attending the funeral or other related necessities of such occurrence. A day will consist of a regular twelve (12) hour shift. Next of kin is defined as: PARENT-IN-LAW, BROTHER/SISTER-IN-LAW, GRANDPARENT, GRANDPARENT-IN-LAW, UNCLE, AUNT, NIECE, NEPHEW, OR ANY OTHER PERSON RESIDING AS A FULL-TIME MEMBER OF THE FAMILY IN SUCH OFFICER'S HOME. ARTICLE 16 - HOLIDAYS: Each full-time officer shall be granted the following holidays, with pay, as hereinafter provided: NEW YEAR'S DAY, GOOD FRIDAY, EASTER, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, GENERAL ELECTION DAY, VETERAN'S DAY, THANKSGIVING DAY, AND CHRISTMAS DAY. Any full-time officer who works on a holiday shall receive two and one-half (2 & l/2) times his regular hourly pay for that day. If a holiday is observed while an officer is on sick leave or annual leave, he shall receive his paid holiday and the day shall not be charged against his sick or annual leave. If a holiday falls on an officer’s regular day off, the officer shall receive twelve (12) hours of additional straight time pay for that pay period or the officer may elect to take such time as compensatory time. Paid holidays shall be paid during the pay period within which such holiday shall occur. Furthermore, if one or more of an officer's regular days off-duty during a work period shall coincide with a holiday, the officer shall receive another day off-duty during that work period for each such day, if reasonably possible; if not, the officer shall receive twelve (12) hours of additional pay for each such day, or may elect to convert such time to compensatory time. Paid holidays shall be paid during the pay period within which such holiday shall occur and can be taken as compensatory time. As an additional Holiday, a full-time officer shall receive either his BIRTHDAY or WEDDING ANNIVERSARY as a day off-duty. Full-time officers shall request the day of choice prior to the schedule being posted for the month in which the day falls. As this Holiday is an off-duty day an officer who chooses to work or fails to request the day off, shall receive his regular rate of pay for hours worked. Should this holiday fall on the officer’s regular day off-duty during a work period, the officer shall receive another day off-duty during that work period if requested. ARTICLE 17 - PERSONAL LEAVE: Each full-time officer shall receive four (4) personal leave days per calendar year, one per quarter, to wit; January, April, July and October. Each full-time officer shall also receive on (1) personal leave day, with a maximum of two (2) personal leave days for a calendar year upon successful completion of the Personal Performance Standards as outlined in ARTICLE 26. Personal leave may be utilized by an officer for any purpose, in units of four (4) hours, and shall require as much advance notice to the Chief of Police as is reasonably possible under the circumstances. However, it is understood and agreed that, notwithstanding the aforesaid notice requirement, an officer shall promptly notify the Chief of Police of an intended use of personal leave as far in advance of same as may be possible under the circumstances. All Personal Leave shall be used in the calendar year in which it was earned and cannot be carried over or reimbursed. Approval of requests for personal leave shall not be unreasonably withheld by the Chief of Police, and the advance notice requirement shall be waived in cases of personal emergency. (For the purposes of this article a personal leave day is defined as twelve (12) hour day.)  ARTICLE 18 - ANNUAL LEAVE: Each full-time officer employed by the Borough of Highspire shall be granted annual leave (vacation), with pay, according to the following schedule: AMOUNT OF SERVICE AMOUNT OF LEAVE During first year 5 days After one year 10 days After five years 15 days After ten years 20 days After fifteen years 25 days Whenever an officer shall utilize five (5) consecutive annual leave days, his schedule shall be arranged, if reasonably possible, to allow him to utilize his regular off-duty days, or compensatory days, if any, in conjunction with such annual leave days. A full-time officer may accumulate and carry over into the following year up to the 10 annual leave days. For the purposes of calculating annual leave, the term "year" shall mean the twelve-month period between each officer's anniversary date (date of hire). If, due to operational needs, an officer is unable to schedule leave, he shall be paid for the full value of any excess accumulation at his current rate of pay. Upon separation or retirement from the Department, he/she shall be paid the full current value for any unused accumulated annual leave, including any annual leave for the current year, prorated to the date of separation. (For the purposes of this article an annual leave day is defined as twelve (12) hour day.) Vacation Scheduling: Each officer, in the order of his seniority (most senior first), shall place one (1) bid for an initial annual vacation, utilizing his annual leave, as hereinafter provided. Such initial bid procedure shall be administered by the Chief of Police, and all such initial bids must be made prior to the first (1st) day of April of each calendar year. An officer with more than one (1), but less than nine (9) years of service shall place an initial bid of five (5) days of annual leave; and officers with ten (10) or more years of service shall place an initial bid of ten (10) days of annual leave. In all cases, initial vacation bids shall be made to the Chief of Police at least thirty (30) days prior to the first day of the requested initial vacation. After initial bids, any officer electing to utilize any portion of his remaining accumulated annual leave, shall do so by scheduling the same with the Chief of Police, and shall give the Chief as much advance notice of same as may be reasonably possible. The Chief of Police shall permit as many members of the Department to be on vacation leave at one time as scheduling and Department policy will permit, and approval of such leave utilization shall not be unreasonably withheld. Advance notice shall be waived in cases of personal necessity, if operational needs can accommodate the same. Computation of Annual Leave for Retirement: Only annual leave accumulated within the past 36 months of employment shall be calculated into the final salary computation for retirement. ARTICLE 19 - SICK LEAVE: Each full-time officer shall be granted sick leave, with pay, according to the following schedule and conditions: ACCRUAL: Each officer shall earn sick leave at the rate of one (l) twelve (12) hour day of sick leave per month. USAGE: An officer may utilize sick leave for his own personal ill- ness, emergency medical or emergency dental appointments and upon the birth of a child up to a maximum of five (5) twelve (12) hour days, if necessary. ACCUMULATION: Each officer may accumulate up to one hundred-twenty (120) days of unused sick leave, and may carry that amount over from year to year. Each sick leave day accumulated past the aforesaid maximum accumulation shall be reimbursed to an officer by the Borough, on his anniversary date of hire, at the rate of ten dollars ($10.00) per day. TERMINATION VALUE: Upon retirement from the Department or direct loss of em- ployment due to the consolidation of police departments with another municipality or the disbanding of the department, an officer shall be paid an amount equal to thirty five percent (35 %) the then current value of his unused accumulated sick leave.  Computation of Sick Leave for Retirement: Only sick leave accumulated within the past 36 months of employment shall be calculated into the final salary computation for retirement. ARTICLE 20 - MILITARY LEAVE: Full-time officers who serve in the military reserves shall provide the Borough with a schedule of all weekend duty and copies of military orders to document military leave requests of two weeks in duration or more as early as possible. To the extent feasible, the Borough may schedule an officer's regular days off to coincide with scheduled weekend military reserve duty. Full-time officers shall be excused from work for military reserve duty with pay. Any military pay received during military reserve duty, less travel and maintenance expenses, shall be turned over to the Borough to qualify for this payment. ARTICLE 21 - MEDICAL INSURANCE: The Borough shall continue to provide each full-time officer, and his eligible dependents (including students up to age 23), at no cost to such officer, with a comprehensive policy of Blue Cross / Blue Shield insurance, or an equal plan. Such policy shall include a 120-day Blue Cross Plan, Prevailing Fee Blue Shield 100 Plan, and Major Medical Coverage in the amount of One Million Dollars ($1,000,000.00), which major medical includes a $50,000.00 mental maximum, a deductible of $100.00, with an 80/20 co-pay requirement on the first $2,000.00 only, and disappearing thereafter. Full time officers shall have the option to elect Custom Blue health care coverage or the current health care coverage mentioned above for them and their eligible dependents. Full time officers choosing the current health care coverage mentioned above, if available, shall pay the difference in premiums between the plans. A part time officer may elect aforesaid coverage, provided he reimburses the Borough, on a monthly basis, for the full cost of providing such coverage to him and his dependents, if any. Said medical program shall be maintained at the benefit eligibility and coverage levels in effect as of December 31, 2012. The Borough will provide a PPO plan through the Pennsylvania Municipal Health Insurance Cooperative which is incorporated herein by reference. The features of the Plan are set forth on the Plan Summary and shall include: 1) a Prescription Plan of $10/$30/$50 or Mail Order of $20/$60/$85; 2) a $20 Office Visit Charge; a $40 Specialist Visit Charge and a $100. ER Charge (waived if admitted) The Borough may, during the term of this Agreement, undertake studies to contain health care costs specified in Articles 21,22 and 23, including seeking competitive proposals from other health care providers. Should the Borough determine a health care provider other than Blue Cross/Blue Shield would serve the mutual benefit of the Borough and the employees covered by this Agreement, the Association agrees to meet and discuss such proposals on this subject. Any decision to change to a health insurance carrier other than Blue Cross/Blue Shield shall have the mutual consent of the Association. Effective January 1, 2021, all officers covered under the comprehensive policy of Blue Cross / Blue Shield insurance shall contribute the following on a biweekly basis deducted from their paycheck to offset the cost of healthcare. 2026-2029 Single, no $35.00 per children pay Family $45.00 per pay In accordance with the Patient Protection and Affordable Care Act (PPACA) and the planned permanent annual excise tax or “Cadillac Tax” for high-cost employer sponsored health coverage in 2021, the Borough and the Association agrees to meet and discuss such proposals on this subject prior to any implementation. ARTICLE 22 - DENTAL COVERAGE: The Borough shall offer the Blue Cross/Blue Shield Concordia Flex program to all full-time officers and their eligible dependents. Said dental program shall be maintained at the benefit eligibility and coverage levels in effect as of December 31, 2012. The Borough shall pay the premiums for said insurance.  ARTICLE 23 - VISION INSURANCE: The Borough shall offer the Blue Cross/Blue Shield Penn Vision II program to all full-time officers and their eligible dependents. Said vision program shall be maintained at the benefit eligibility and coverage levels in effect as of December 31, 2012. The Borough shall pay the premiums for said insurance. ARTICLE 24 - LIFE INSURANCE: The Borough shall provide each full-time officer, at no cost to such officer, with a policy of life insurance in 2013 with the face amount of not less than One-Hundred Thousand Dollars ($100,000.00) during the course of this contract, which policy shall have a double indemnity provision in case of accidental death. ARTICLE 25 - LIABILITY INSURANCE: The Borough shall provide all members of the Department with a policy of insurance for any claim of liability on account of false arrest or other civil action arising by virtue of an officer's performance of duty, in overall amount of not less than Five Hundred Thousand Dollars ($500,000.00); and shall, in any event, hold such officers harmless on account of any judgment which may arise from any and all acts which an officer shall perform or fail to perform while acting as a police officer for the Borough, within the scope and course of his employment. It is agreed that an officer shall look toward the Borough's insurance carrier as the primary provider of legal counsel in any such event, prior to invoking the following provisions regarding separate counsel. In the event that there may appear to be a conflict of interest between an officer and the Borough or any other officer, all officers involved shall have the right to secure private counsel, and such counsel's fees and related expenses shall be paid by the Borough. ARTICLE 26 - PHYSICAL PERFORMANCE STANDARDS: The Chief of Police and/or his/her designee, in conjunction with the Police Officers Association, shall develop physical performance standards which will take into consideration the age of the police officer while at the same time not compromising the physical ability to perform the duties of the police officer. These standards will remain in effect during the course of this contract and be reflected in this document as attachment “C”. These standards shall not change without the mutual consent of the Borough, Chief of Police and the Association. Testing will occur on two separate occasions during the calendar year, not less than six (6) nor more than eight (8) months separating the test dates. Meeting the standards described in attachment “C” will result in the award of one (1) personal day for each testing period. As this testing is being done in an effort to promote health, both the Borough and the Association have agreed that there shall be no negative consequences for failure to meet or minimum requirements set in attachment “C”. The Borough shall provide to full-time officers and at no cost to the full-time officer, a membership to a local gym. The gym facility shall be selected by mutual agreement between the Borough and the Association. Should a mutual agreement fail to be reached, selection of a facility shall be made by the Chief of Police. One facility shall be selected for use as a group and the Borough will make any membership payments directly to the vendor. If for any reason an officer chooses not to use the membership, he must notify the Borough in writing and his membership will be cancelled. Should an officer fail to use the membership during any four-month period and fail to notify the Borough of his wish to discontinue membership, said officer shall be responsible to reimburse the Borough for the cost of membership during that period and any costs incurred for the remainder of the year. The Borough may additionally discontinue the membership until such time as the officer requests in writing reinstatement of the membership. ARTICLE 27 - MEDICAL EXAMINATION: Whenever the Chief of Police has reasonable grounds to believe that the performance of duties of a police officer is being influenced by a medical or psychiatric condition, including, but not limited to, the use of drug or intoxicants which is, or, in his opinion, likely to affect the police officer’s ability to perform assigned duties, said police officer shall undergo tests and examinations, including, but not limited to, medical or psychiatric examinations, to determine the police officer’s fitness for duty. Whenever a police officer has suffered an injury, illness or any other condition in the line of duty or not in the line of duty which, in the opinion of the Chief of Police, could affect the ability of the police officer to perform assigned duties, said police officer may be required by the Chief of Police to undergo such tests and examinations, including but not limited to, medical or psychiatric examinations, to determine the police officer’s fitness for duty.  At the request of a police officer who has suffered an injury, illness or any other condition in the line of duty or not in the line of duty which, in the opinion of the Chief of Police could affect the ability of the police officer to perform assigned duties, said police officer may be required by the Chief of Police to undergo such tests and examinations, including, but not limited to, medical or psychiatric examinations, to determine the police officer’s fitness for duty. ARTICLE 28 - RESIDENCY: There shall be no residency requirement for any officer. ARTICLE 29 - DISABILITY INSURANCE: The Borough shall provide each full-time officer with a policy of insurance which provides for a sickness/disability benefit of up to a maximum of Twelve Hundred Dollars ($1200.00) per week, for a maximum of six (6) months. ARTICLE 30 - UNIFORMS, EQUIPMENT AND RELATED ITEMS: Each full-time and regular part-time officer, upon being hired as a police officer for the Borough, shall be issued a set of uniforms, equipment and related items, at no cost to such officer, which shall remain the property of the Borough. Listings of same is attached hereto, marked as attachments "A" and "B" for full-time and regular part-time officers, respectively, and made a part hereof. Each full-time officer will be permitted to spend $250.00 annually in order to purchase duty related equipment not listed in Attachments. Such purchases shall only be made with the approval of the Chief of Police and the items shall be purchased thru and by the Borough. Each full-time officer will be provided with one pair of shoes or boots by the Borough during the calendar year 2026 and 2028 with a maximum of $250.00 per year. Such purchases shall only be made with the approval of the Chief of Police and the items shall be purchased through and by the Borough. ARTICLE 31 - FIREARMS: The Borough shall provide access to a police firing range. The Borough shall require that each officer qualify in the use of weapons which are provided or approved by the Borough Chief of Police on a semiannual basis; the Borough shall furnish all targets and ammunition for such qualification and a reasonable amount of practice ammunition shall be provided to each full-time officer at his/her request. ARTICLE 32- CLEANING: The Borough shall provide cleaning services for each full-time officer as follows: one shirt per eight-hour shift or continuous shift, if longer, two pants per week of duty. ARTICLE 33 - DAMAGED CLOTHING/PROPERTY: In the event that an officer has his personal clothing and/or property damaged in the line of duty, the Borough shall compensate him for the market value of same. An officer shall make a reasonable attempt to pursue the avenues of restitution which may be available to him in conjunction with such incident. However, the officer's right to compensation from the Borough shall not be delayed on account of any restitution attempt. In any event, the Borough liability or replacement cost shall be limited to Five Hundred Dollars ($500.00) per incident or the amount of an officer’s insurance deductible, whichever is less. If restitution is received, as aforesaid, the Borough shall be reimbursed for any monies which it has paid to an officer. Restitution will be payable upon receipt of a valid invoice for personal clothing and/or property damaged in the line of duty. ARTICLE 34 - OUTSIDE EMPLOYMENT: It is understood and agreed that each officer is obliged to report for regular duty in proper condition, rested, and prepared to fully carry out his assigned duty. No officer shall report for regular duty in a fatigued or unprepared condition, nor shall he fail to properly carry out his assigned duties on account of such condition. Any officer shall have the right to maintain employment in addition to his position as Borough police officer, provided that (1) such employment is disclosed to the Chief of Police, (2) such outside employment shall not create an actual conflict of interest with his police duties with the Borough or demean the position of Borough police officer and (3) Borough equipment is not used in such outside employment. Should any officer miss work at the Highspire Police Department because of illness, injury or other reason associated with his outside employment, he shall not be eligible for sick leave, medical benefits, or any other kind of benefit provided under this contract.  ARTICLE 35 - PERSONNEL FILES: Each officer and/or his attorney may, upon one (1) business day notice to the Borough, review the complete personnel file maintained by the Borough. Such personnel file inspections shall be limited to two (2) times per year. Any written material, which might be interpreted in a negative manner, which the Borough wishes to place in an officer's personnel file, shall first be made known to the officer, and he shall be given a copy of same. ARTICLE 36 - PENSION BENEFITS: The Borough shall maintain the pension system reflecting all benefits which are in effect on the date of the issuance of this award and/or required by the provisions of any previous contracts or awards, or as set forth herein. The Association shall designate one of its members as its pension plan representative. The Borough shall inform the bargaining unit, through its representative, of anything which might affect the officers' pension. Furthermore, the Association representative shall be advised, in writing, on an annual basis, of the status of the pension fund. The Borough shall establish a Pension Board consisting of the following members: the Borough Man- ager, the Chief of Police, a representative from the Highspire Police Association; and a representative from the Highspire Borough Council. This Pension Board shall be authorized to investigate improvements to the Highspire Borough Police Pension Plan and make recommendations to the Borough Council. Effective January 1, 2013, all officers covered under the Police Pension Plan shall contribute 3% of their annual income to the pension plan on a biweekly basis deducted from their paycheck. The Borough shall provide a service increment benefit at normal retirement date. The service increment is equal to $100.00 per month for each year of service in excess of 25 years of service. The maximum service increment benefit is $500 per month (ref. Proposal II, Borough of Highspire Police Pension Plan 4-19379 Actuarial Cost Estimate prepared June 2012). In accordance with Act 24 of 1998, The Borough shall provide an Early Retirement Benefit after 20 years of service, regardless of age (ref. Proposal V, Borough of Highspire Police Pension Plan 4-19379 Actuarial Cost Estimate prepared June 2012). ARTICLE 37 - POST RETIREMENT MEDICAL BENEFITS: For any officer hired before July 20, 2021 the Borough will pay 75% of the officer and spouse health (including dental and vision coverage) insurance premium from date of retirement until date the officer becomes Medicare eligible. The level and type of coverage provided for retired officers shall be the same as is provided for active-duty officers. For the purposes of this article the following conditions shall apply; 1. 25 years of full-time service with the Highspire Police Department. 2. 50 years of age or older. 3. Retiree must look to their current employer for medical benefits. Should the retiree’s employer offer medical benefits comparable to those of the Borough, the retiree must remain with the employer benefit package unless those benefits are Substantially or wholly paid for by the retiree. The retiree may not opt out of the current Employer’s benefits to select this benefit if opting out allows the retiree to receive monetary or other financial consideration for not participating in the benefit. 4. Retiree must look to the coverage of their spouse’s employer for medical benefits. Should the retiree’s spouse’s employer offer medical benefits comparable to those of the Borough, the retiree must remain with the spouse’s employer benefit package unless those benefits are substantially or wholly paid for by the retiree. The retiree’s spouse may not opt  out of the current employer’s benefits to select this benefit if opting out allows the retiree or spouse to receive monetary or other financial consideration for not participating in the benefit. ARTICLE 38 - EDUCATION INCENTIVE: A full-time officer on the day prior to his retirement shall receive a one time payment, based on the highest degree achieved at the time of retirement, in the following amounts, provided that he shall have received the degree at least five years prior to the date of his retirement, and provided that the degree shall have related to his work as a police officer in the Borough of Highspire as determined by Borough Council in its sole discretion: Associates Degree $ 500.00 Bachelors Degree $ 1000.00 Masters Degree $ 1,500.00 Doctoral Degree $ 2,200.00 Should a police officer receive training under Act 120 (53 Pa. §740 et seq.) at any cost to the Borough, and leave the Borough's employment within two years of date of certification, and accepts employment under which the Borough will not be reimbursed pursuant to §10 of the Act, as amended, or ceases to work, then such officer shall be liable to the Borough for the full amount of the Borough's cost for his training. A Full-time officer who takes a job-related college level course and who receives a grade of “C” or above will be reimbursed seventy five percent (75%) of the cost of tuition for the course. ARTICLE 39 - GRIEVANCES: Whenever an officer, or the Association, desires to contest or other- wise challenge the interpretation and/or implementation of any provision of this Agreement or any disciplinary action, he/she/it shall proceed as follows: 1. In presenting a grievance the Association shall identify the specific Article(s) and Section(s) which the Employer allegedly violated. 2. Any grievance which may arise concerning the applica- tion, meaning or interpretation of a specific Article(s) and Section(s) shall be processed in the following manner: Step 1: The Employee, either alone or accompanied by the Association representative, or the Union where entitled, shall present the grievance in writing to the Mayor (or to the Employer's designated representative) within fifteen (15) calendar days of the date of the occurrence giving rise to the grievance or within fifteen (15) calen- dar days of the date the employee knew or should have known of the occurrence, whichever is later. If the grievance is not submitted within such period, the grievance shall be deemed denied and no further action shall be taken. The Mayor or the Employer's representative shall attempt to resolve the grievance but, in any event, shall report his/her decision to the employee in writing within (7) calendar days of this presentation. If the Mayor or the Employer's representative does not answer the grievance within the time limits set forth in this Step, the Employer shall be deemed to have denied the grievance and the Union shall have the right to process the grievance to the next step. Step 2: In the event the grievance is not settled satisfactorily in Step 1, it must be presented in writing by the employee or the Association representative, to the Chair of the Police Committee (or to the Employer's designated representative) within ten (10) calendar days after the Step 1 response is due. The Employer's representative shall respond in writing to the employee and the Union representative within ten (10) calendar days after receipt of the appeal. If the Employer's representative does not answer the grievance within the time limits set forth in this Step, the Employer shall be deemed to have denied the grievance and the Union shall have the right to process the grievance to the next Step. Step 3: The Association may appeal to arbitration an unsatisfactory decision in Step 2. The Union must take this appeal by serving upon the Employer notice in writing of its intent to proceed to arbitration within twenty (20) calendar days after Step 2 response is due.  The arbitrator is to be selected by the parties jointly within seven (7) days after the notice has been given. If the parties fail to agree on an arbitrator, either party may request the American Arbitration Association to submit a list of seven (7) possible arbitrators. The parties shall adhere to the rules and regulations of the American Arbitration Association in the selection of an Arbitrator. The resolution of grievances at Step 1 and Step 2 of the Grievance Procedure shall not be used as a precedent for any subsequent settlement. Each case shall be considered on its merits and the Collective Bargaining Agreement shall constitute the basis upon which the decision shall be rendered. The arbitrator shall neither add to, subtract from, nor modify the provisions of this Agreement. The arbitrator shall confine himself/herself to the precise issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her. The arbitrator shall be requested to issue his/her decision within thirty (30) days after the hearing or receipt of the transcript of the hearing. The Article(s) and Section(s) set forth in the grievance may be amended in writing at any time during the course of the grievance proceeding. All of the time limits contained in this section may be extended by mutual agreement in writing. The granting of an extension shall not be deemed to establish a precedent for any other extension. All fees and expenses of the arbitrator shall be divided equally between the parties. However, if the ar- bitrator determines that either the Borough or the Association presented a frivolous and non-meritorious grievance in arbitration, in that the issue presented to the arbitrator was presented without reason or cause, then, and in that event only, eighty-five percent (85%) of the arbitrator's fees and expenses shall be borne by the party advancing the frivolous and non-meritorious claim or defense. Each party shall bear the costs of preparing and presenting its own case. If either party desires a transcript of the proceedings, such party shall pay for the transcript or make a copy available without charge to the arbitrator. An aggrieved officer shall be granted reasonable time during working hours, but not to exceed a total of two (2) hours, and then only if necessary, to investigate and process the grievance in accordance with the provisions hereof, without loss of pay or benefits. ARTICLE 40 - CONSOLIDATION: In the case of consolidation, merger, take-over or any other disbandment of the Highspire Police Department with any other police department, all full-time officers shall be employed in a full-time capacity by the consolidated department, and all part-time employees shall be kept on the part-time roster of the consolidated department, provided that any such part-time or full-time employee has not committed any infraction under §400.3 of the Rules and Procedures at the time that consolidation is affected. The Highspire Borough Police Officers' Association shall fully cooperate in effecting and implementing such consolidation. Should the police department consolidate any time after the date this agreement is signed, all full-time police officers employed by the Borough at the time of the consolidation shall retain all future employment rights, regardless of the term of this agreement, to all police positions created by the Borough's withdraw from said consolidation. The officer shall retain the salary, rank and benefits he received from the Borough previous to consolidation plus an inflation multiplier of five (5) percent per year. This provision shall apply for the length of the consolidation contract plus one year. This contract shall remain in force until its expiration date or until replaced by another contract covering a consolidated police department in which Highspire Borough is a participant, whichever comes first.  IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day first above written. For Borough of Highspire: For Highspire Borough Police Officers' Association: ___________________ ______________________________ ___________________ ______________________________ ___________________ _______________________________