(a) Appointment.--
(1) Upon request by the board of school directors of the school district in which a borough is wholly or partially located, the council may appoint school crossing guards who shall have the duty of controlling and directing traffic and pedestrians at or near schools and who shall be in suitable and distinctive uniform.
(2) While on duty, school crossing guards shall be under and subject to the direction of the mayor, shall serve at the pleasure of the council, except as noted in subsection (b), shall not be subject to Subchapter J (relating to civil service for police and fire apparatus operators) and shall not be entitled to participate in any borough pension plan or plans.
(3) (i) The compensation of the school crossing guards, if any, shall be fixed by the council and shall be jointly paid by the council and the board of school directors, in a ratio to be determined by the council and board of school directors.
(ii) If the council and board of school directors are unable to determine the ratio of compensation of the school crossing guards to be paid by the council and the board, each shall pay one-half of the compensation of the crossing guards.
(4) Notwithstanding any other provision of law, auxiliary police officers, appointed as prescribed by general law, may be designated to serve as crossing guards.
(b) Ordinance.--
(1) The council may enact an ordinance allowing a board of school directors to assume hiring and oversight of school crossing guards. Before the council may enact the ordinance, the board of directors of the school district must adopt a resolution requesting the authority to assume the hiring and oversight of school crossing guards.
(2) The ordinance enacted by the council shall outline how the police department will provide any necessary training and assistance of the school crossing guards while on duty.
(3) School crossing guards shall be authorized in the management of traffic and pedestrians in and around areas identified by the police department and the school district superintendent or the superintendent's designees.
(4) School crossing guards shall not:
(i) Be subject to the civil service provisions of this part.
(ii) Be considered part of the bargaining unit of the school district.
(iii) Be considered:
(A) An employee as defined under section 1101-A of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949.
(B) A school employee as defined under 24 Pa.C.S. ยง 8102 (relating to definitions).
(C) An employee under any plan.
(5) After the ordinance is enacted by the council, the school district shall assume the cost of compensation, including fixing compensation, if any, of the school crossing guards.
(6) Notwithstanding any other provision of law, auxiliary police officers, appointed as prescribed by general law, may be hired by the school district to serve as school crossing guards.
(7) The board of school directors shall notify the council of the individuals hired to serve as school crossing guards and request the necessary training or assistance be provided as outlined by the ordinance.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 8 - BOROUGHS AND INCORPORATED TOWNS
Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees
Section 1101 - Compensation, hours and days of work and outside employment
Section 1104 - Appointments and incompatible offices
Section 1105 - Compensation of certain employees
Section 1105.1 - Retirement benefits of employees transferred to authorities
Section 1106 - Bond and duties
Section 1107 - Assistant treasurer
Section 1112 - Assistant secretary
Section 1113 - Records open to inspection
Section 1116 - Solicitor to have control of legal matters
Section 1117 - Duties of solicitor and outside counsel
Section 1118 - Assistant solicitor
Section 1121 - Council's powers concerning police
Section 1122 - Police serving under cooperative agreement or contract
Section 1123.1 - Mayor's powers concerning police
Section 1124 - Suspension by mayor
Section 1127 - School crossing guards
Section 1131 - Police pension fund
Section 1132 - Private police pension funds and optional transfers
Section 1141 - Borough manager created by ordinance and election
Section 1142 - Powers and duties
Section 1143 - Other offices not incompatible
Section 1171 - Appointments of police and fire apparatus operators
Section 1172 - Civil service commission
Section 1173 - Offices incompatible with civil service commissioner
Section 1174 - Organization of commission
Section 1175 - Clerks, supplies and solicitor
Section 1176 - Rules and regulations
Section 1177 - Minutes and records
Section 1181 - General provisions relating to examinations
Section 1182 - Application for examination
Section 1183 - Rejection of applicant and hearing
Section 1184 - Eligibility list and manner of filling appointments
Section 1185 - Age and residency of applicants
Section 1186 - Probationary period
Section 1187 - Provisional appointments
Section 1189 - Physical and psychological medical examination
Section 1191 - Hearings on dismissals and reductions
Section 1192 - Employees exempted
Section 1193 - Discrimination on account of political or religious affiliations