By Richard L. Gaw
Staff Writer

The Kennett Township Board of Supervisors passed Resolution 2025-6 at their March 5 meeting that announces arrest procedures for the township’s police department, as are required in order to meet police accreditation. 

Referring to the board’s Feb. 5 meeting when they discussed Pennsylvania Rules of Criminal Procedure, Part IV: “Procedures in Summary Cases When Defendant is Arrested Without a Warrant,” the board authorized the following rules for police arrest procedures: 

* When a defendant has been arrested without a warrant, the arresting officer shall promptly release the defendant from custody when the following conditions have been met: The defendant poses no threat of immediate physical harm to any other person or to himself or herself; and the arresting officer has reasonable grounds to believe that the defendant will appear as required. 

* When a defendant has been arrested without a warrant, a citation shall be issued to the defendant at the time of release, and the case shall proceed in accordance with rules as if the proceedings had been instituted by issuing a citation to the defendant. 

* When the defendant has not been released from custody, the defendant shall be taken without unnecessary delay before the issuing authority when available, where a citation shall be filed against the defendant, and the defendant shall enter a plea.

* If the defendant pleads guilty, the issuing authority shall impose a sentence. If the defendant pleads not guilty, the defendant shall be given an immediate trial unless the Commonwealth is not ready to proceed, or the defendant requests a postponement or is not capable of proceeding. 

* In any of these circumstances, the issuing authority shall release the defendant on recognizance unless the issuing authority has reasonable grounds to believe that the defendant will not appear, in which case, the issuing authority may fix the amount of collateral to be deposited to ensure the defendant’s appearance on the new date and hour fixed for trial; or the defendant’s criminal record must be ascertained before trial as specifically required by statute for purposes of grading the offense charged, in which event the issuing authority shall release the defendant on recognizance unless the issuing authority has reasonable grounds to believe that the defendant will not appear.

* In this case, the issuing authority may fix the amount of collateral to be deposited to ensure the defendant’s appearance on the new date and hour fixed for trial, which shall be after the issuing authority’s receipt of the required information. 

* In determining whether it is necessary to set collateral and what amount of collateral should be set, the amount of collateral shall not exceed the full amount of the fine and costs. If collateral has been set, the issuing authority shall state in writing the reason(s) why any collateral other than release on recognizance has been set and the facts that support a determination that the defendant has the ability to pay monetary collateral. 

* If collateral is set and the defendant does not post collateral, the defendant shall not be detained without a trial longer than 72 hours or the close of the next business day if the 72 hours expires on a non-business day. 

* If the defendant is under 18 years of age and cannot be given an immediate trial, the issuing authority promptly shall notify the defendant and defendant’s parents, guardian, or other custodian of the date set for the summary trial and shall release the defendant on his or her own recognizance.

Other township business

The board voted to authorize township Manager Alison Dobbins to sign a letter of support for Brandywine Valley Scenic Byway Commission’s (BVSBC’s) application to secure a National Trust for Historic Preservation Grant that if awarded will go toward making capital improvements to the Pines, commonly known as the historic Fussel House, located in the township.

The BVSBC has already been awarded a planning grant for a comprehensive assessment, plan, and cost estimates for the rehabilitation of the Pines. In partnership with the Kennett Underground Railroad Center (KURC) and the Kennett Township Historical Commission, BVSBC has been developing the Vision Partnership (VPP) Grant from Chester County for the “Harriet Tubman Underground Railroad – Path to Freedom Heritage Interpretation Plan” project. The grant will help pay for the inclusion of “Gateway, Heritage Centers, and Interpretive Sites” at various places in the township, including The Pines.

The board passed an ordinance to increase future Supervisor’s compensation to an annual rate of $4,190, which will be applicable to all supervisors who take office as of Jan. 5, 2026.

On Dec. 17, 2001, the then board enacted Ordinance No. 135 which established an annual salary for each member in the amount of $2,500 per year, as prescribed by Section 606 of the Pennsylvania Second-Class Township Code. As included in Act 94 of the code that went into effect Dec. 2, 2024, the Pennsylvania Legislature amended Section 606 of the second-class township code to increase the maximum annual salary of supervisors in second-class townships.

To contact Staff Writer Richard L. Gaw, email [email protected].