All of the provisions in this article concerning
disciplinary and termination procedures are designed to serve as general
conduct guidelines only. These guidelines are not intended to create,
do not create, and should not be interpreted to imply that a contract
of employment exists for any Borough employee. All employees who are
not tenured or whose terms are not governed by state statute or who
are not governed by individual written contracts of employment or
collective bargaining agreements are employees at will and, consistent
with fundamental due process, may be terminated with or without cause,
except for reasons based on unlawful discrimination or acts against
public policy, as provided by state and federal law. Furthermore,
the Borough may change or rescind any policies, procedures, or terms
and conditions of employment from time to time in its sole discretion.
[Added 4-12-2016 by Ord.
No. 11-16]
Discussions by the governing body or any body of the Borough
concerning appointment, termination, terms and conditions of employment,
performance evaluation, promotion or discipline of any current or
prospective officer or employee shall be in closed session, with the
right of the employee to be present, unless the individual requests
in writing that the discussion be held in open session. Such request
must be granted. Prior to the discussion by the governing body or
any body of the Borough concerning such matters, the Clerk shall notify
the affected person(s) of the meeting date, time and place, the matters
to be discussed and the person's right to request that the discussion
occur in open session. In the event more than one person is affected
by the discussion and one of the affected persons does not request
that the discussion be in open session, then the discussion shall
be in closed session.
An employee may be suspended or dismissed for
cause, including but not limited to any of the following causes:
A. The employee is incompetent or inefficient in the
performance of his or her duties;
B. The employee has been wantonly careless or negligent
in the performance of duty;
C. The employee has been offensive in treatment of the
public, fellow employees or other persons;
D. The employee has violated any lawful regulation or
order or failed to obey any lawful direction given by the employee's
superior;
E. The employee has taken a fee, gift or other valuable
thing in the course of his or her work or in connection with it, when
such a fee, gift or other valuable thing is given by any person or
organization in the hope and expectation of receiving a favor or better
treatment than that accorded other persons;
F. The employee has been convicted of a criminal offense;
G. The employee through negligence or willful conduct
has caused damage to public property or waste of public supplies;
H. The employee has been late or absent from work on
an excessive number of occasions without justifiable cause;
I. The employee's driver's license has been suspended
or revoked and the employee's duties require his or her operation
of a motor vehicle, or the employee has knowingly operated a motor
vehicle while his or her driver's license was suspended or revoked;
[Amended 4-14-1998 by Ord. No. 5-98]
J. The employee has been guilty of other misconduct or
insubordination;
K. The employee has been guilty of abusing sick leave as that term is defined in Article
II hereof;
L. The employee has been guilty of substance abuse as
defined in this chapter;
M. The employee has been guilty of sexual harassment
as defined in this chapter.