[Amended 9-7-2022 by Ord. No. 2022-12]
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 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 Administrative Officer 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. If
the individual(s) does not request that the discussion be held in
open session, the governing body or other body of the Borough may
at its sole discretion invite the affected individual(s) to attend
the applicable portion of the closed session.
[Amended 9-7-2022 by Ord. No. 2022-12]
All new regular full-time and regular part-time employees will
be scheduled to meet with the Administrative Officer and department
head on their first day for a general orientation. Copies of all forms
and acknowledgments must be returned to the Administrative Officer
for inclusion in the employee's official personnel file. The orientation
will include:
A. A tour of the appropriate facilities to acquaint the new employee
with overall operations as they relate to the specific position;
B. The completion of all pertinent personnel, payroll, insurance and
pension forms;
C. A review of the employee handbook and acknowledgment of receipt;
D. A review of the Personnel Policies and Procedures Manual if the employee
is a manager or supervisor and acknowledgment of receipt;
E. The employee Complaint Policy letter and acknowledgment;
F. A safety orientation and acknowledgment; and
G. Arrangements for the new employee to complete required PEOSHA safety
training.
[Amended 9-7-2022 by Ord. No. 2022-12]
Except where state requirements direct otherwise, new employees
(or present employees transferring to new positions) will be hired
subject to an initial employment period of not less than six months
or more than 12 months, as determined by the governing body. During
this initial employment period, the new employee or transferee will
be provided with training and guidance from the supervisor. At the
end of the initial employment period, the supervisor will conduct
an employee evaluation: see the Performance Evaluation Procedure. New employees may be discharged at any time during this
period if the department head, in consultation with the Council liaison
to the department, concludes that the employee is not progressing
or performing satisfactorily. Under appropriate circumstances, the
governing body may extend the initial employment period.
[Amended 9-7-2022 by Ord. No. 2022-12]
The Administrative Officer, with the assistance of Labor Counsel,
shall draft an employee handbook for the approval of the governing
body. A separate version of the handbook will be drafted for part-time
and seasonal employees as well as for major bargaining groups if appropriate.
Once approved, copies will be distributed, and employees will be required
to sign an acknowledgment of receipt that will be placed in the official
personnel file. The handbook will be revised and redistributed whenever
there is a significant change in personnel practice or every two years.
Employees have the right to formally or informally report any
statement, act, or behavior by a co-employee, supervisor, elected
official or visitor that they believe to be improper.
A. Reporting. Employees should be asked to report complaints in writing
utilizing the employee complaint form, but are not compelled to do
so.
B. Identification/screening. The employee shall present the complaint
to his or her supervisor/department head, who must report all written
or verbal complaints to the Administrative Officer, unless the complaint
is against the Administrative Officer, in which event such complaint
shall be reported to the governing body's liaison to the appropriate
Borough department. Upon receipt of the complaint, the supervisor/department
head/governing body's liaison to the appropriate Borough department
will determine if the complaint was made pursuant to the General Anti-Harassment
Policy, the Anti-Sexual Harassment Policy, the Whistle-Blower Policy, a grievance procedure or is another form of complaint.
A file will be established, including the written complaint, the investigation
procedure followed and the response action plan. As soon as possible
but no later than 10 days after receiving the complaint, the supervisor/department
head/governing body's liaison to the appropriate Borough department
will interview the employee. If the employee is reluctant to sign
a written complaint, the investigator will prepare written notes of
the date, time and place of the complaint and the specific allegations.
These notes will be read back to the employee who will be asked to
affirm, preferably in writing, the information's accuracy. In
the event a complaint is against the employee's supervisor/department
head, the complaint shall be filed with the Administrative Officer
and/or the governing body's liaison to the appropriate Borough
department, who shall refer the complaint to the governing body's
Finance Committee for investigation and resolution in accordance with
this policy.
[Amended 9-12-2018 by Ord. No. 2018-14; 9-7-2022 by Ord. No. 2022-12]
C. Investigation. The investigating person/entity will seek the advice
of the Borough Labor Counsel when planning the investigation. The
investigation should establish the frequency and nature of the alleged
conduct and whether the complaint coincides with other employment
events such as a poor performance evaluation. The investigation should
also determine if other employees were subjected to similar misconduct.
It is important to protect the rights of both the person making the
complaint and the alleged wrongdoer.
D. Response plan: no corrective action required. The investigating person/entity
will discuss the conclusions with the Borough Labor Counsel and render
a decision within 14 days after the investigation is complete. If
the validity of a complaint cannot be determined or the complaint
is groundless, the complaining employee should be notified in writing.
Care should be taken to avoid being too specific, confrontational
or accusatory and to avoid any language that might be construed as
defamatory. A general statement is usually more appropriate that the
claim was thoroughly investigated but could not be sufficiently documented
or confirmed to justify taking formal action. The employee should
be assured that future complaints will be investigated and that the
Borough is committed to eliminating wrongful employment practices
when they are found to exist. If the investigation reveals that the
complainant intentionally and maliciously levied false charges against
the alleged wrongdoer, the complainant must be notified of the seriousness
of filing a false complaint and the appropriate disciplinary penalty
under the circumstances, up to and including termination.
E. Response plan: corrective action required. If the investigation reveals
that the complaint is justified and substantiated, the investigating
person/entity shall refer the matter to the governing body, which
will formulate a corrective action plan as well as possible disciplinary
action, with the advice of Borough Labor Counsel. The complaining
employee will be notified, in writing, that it appears that the complaint
was justified and an appropriate response plan has been formulated.
A copy of the response plan should be attached to the letter. The
response plan should provide for appropriate remedial action to prevent
a recurrence of the wrongful act or behavior.
[Amended 9-7-2022 by Ord. No. 2022-12]
A. Inquiries and written requests for references or employment verification
regarding a current or former employee must be referred to the Administrative
Officer. No employee may issue a reference letter without the permission
of the Administrative Officer. Under no circumstances should any information
be released over the phone.
B. In response to a request for information, the Administrative Officer
will only verify an employee's name, dates of employment, job title,
department and final salary. No other data or information will be
furnished unless:
(1) The Borough is required to release the information by law; or
(2) The employee or former employee authorizes the Borough in writing
to furnish this information and releases the Borough from liability.