MONROE COUNTY
Amendment to Local Rule of Civil Procedure 206.8(b)
Order And Now, this 17th day of March, 2009, Monroe County Rule of Civil Procedure 206.8(b) is hereby amended as indicated in attachment (amendments noted in boldface) and become effective thirty (30) days after publication in the Pennsylvania Bulletin. The Court Administrator is directed to:
1. file seven (7) certified copies of the within Order and amended local rule with the Administrative Office of Pennsylvania Courts;
2. forward two (2) certified copies and a disk containing text of the amended local rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. forward one (1) certified copy to the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania;
4. forward one (1) copy to the Monore County Legal Reporter for publication.
Copies shall be kept continuously available for public inspection in the Office of the Monroe County Prothonotary, the Office of the Court Administrator and the Monroe County Law Library.
By the Court
RONALD E. VICAN,
President JudgeRule 206.8(b). Petition for Appointment of School Police.
(1) Definitions:
(i) ''Applicant''--means the Board of School Directors of the school district requesting appointment of school police officers.
(ii) ''School Police Officers''--includes any person who is hired by the school district for the purpose of enforcing good order in school buildings, on school buses and on school grounds located within the school district; including protecting the students and controlling large crowds at extra curricular student activities and events. (Definition derived from The Public School Code of 1949, as amended, 24 P. S. § 7-778(c).)
(iii) ''Solicitor''--legal counsel for the school district.
(iv) ''Appointee''--the person or persons to be employed by the Applicant as a school police officer.
(2) Application for School Police:
(i) An Applicant or the Solicitor on behalf of Applicant (hereafter ''Applicant/Solicitor''), seeking appointment of school police officers pursuant to the Public School Code of 1949, as amended, 24 P. S. § 7-778 (hereafter ''The School Code''), shall file an original and one copy of a Petition for Appointment of School Police with the Prothonotary.
(ii) Applicant must comply with all requirements set forth in The School Code and the Petition shall contain the following information:
(a) The name, address, social security number, date of birth, and dates of Act 34 clearance and the FBI investigation clearance for the Appointee(s) to be employed as a school police officer.
(b) The fingerprints of the Appointee(s).
(c) A report issued by the Federal Bureau of Investigation, United States Department of Justice, Investigation Division (''FBI'') indicating that the Appointee(s) has no arrest record.
(d) A copy of the Request for Criminal History Record Check issued by the Pennsylvania State Police (PSP) indicating that the Appointee(s) has no arrest record.
(e) A statement by the Applicant representing that Appointee(s) is of good character and repute.
(f) A statement by the Applicant that the Appointee(s) has not resided outside the Commonwealth of Pennsylvania in any other jurisdiction since the FBI and PSP issued the reports verifying that the Appointee(s) does not have a criminal record.
(iii) The Prothonotary shall forward a copy of the Petition to the Court Administrator.
(3) Hearing on Petition:
(i) Applicant/Solicitor shall submit to the Court a proposed order for hearing in the form set forth below in sub-paragraph (F).
(ii) The Court shall schedule a hearing to consider Applicant's Petition, at which time the Solicitor shall appear and report his/her recommendation.
(4) Notice of Hearing:
(i) Applicant/Solicitor shall ensure that notice of the hearing date is published once a week for two consecutive weeks in the Monroe Legal Reporter and in one newspaper of general circulation published in Monroe County, the last advertisement to appear not less than three (3) days prior to the scheduled hearing;
(ii) Applicant/Solicitor shall file an Affidavit of Publication, together with proofs of advertising, with the Prothonotary.
(5) Failure to comply with any provision of this rule may constitute sufficient grounds for the Court to dismiss the Petition and deny Applicant's request to appoint the Appointee(s) as school police officers.
(6) Forms: Order for Hearing
Form--Order for Hearing--Petition for Appointment of School Police Officer
COURT OF COMMON PLEAS OF MONROE COUNTY
FORTY-THIRD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
IN RE: : NO. MISC. 2__ : PETITION FOR APPOINTMENT : OF SCHOOL POLICE : OFFICER(s) FOR THE : {Insert Name of School District} :
ORDER AND NOW, this ______ day of ______ , 20____ , upon consideration of the within Petition for Appointment of School Police Officer(s) for the [Name of School District] and upon motion of ______ , Solicitor for Applicant, a hearing is fixed on the application for the _____ day of _____ , 20____ , at ____ m., in Courtroom No. _____ , Monroe County Courthouse, Stroudsburg, Pennsylvania.
Applicant or Solicitor attorney shall publish Notice of the Hearing once a week for two consecutive weeks in the Monroe Legal Reporter and in one newspaper of general circulation published in Monroe County, the last advertisement to appear not less than three (3) days prior to the scheduled hearing; and shall file an Affidavit of Publication, together with proofs of advertising, with the Prothonotary.
By the Court:
_________________
J.cc: (Applicant/Solicitor)
District Attorney's Office
[Pa.B. Doc. No. 09-668. Filed for public inspection April 10, 2009, 9:00 a.m.]
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