[Adopted 12-17-1997 by Ord. No. 33-97]
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[1];
[1]
Editor's Note: See § 52-33.
M. 
The employee has been guilty of sexual harassment as defined in this chapter.[2]
[2]
Editor's Note: See § 52-11.
A. 
When a department head believes that an employee is not conforming to the letter or spirit of the Borough policies and rules or to specific instructions given them, or has acted improperly, dishonestly, immorally, illegally or in violation of any of the rules or regulations hereof, the department head should first privately discuss the matter with the employee concerned in order to obtain the employee's view of the matter. The department head should, if possible, obtain assurance that there will not be a repetition of the incident.
B. 
if the matter is not serious and the department head is satisfied, the matter may then be concluded.
C. 
Should the department head consider the matter sufficiently serious to warrant a suspension or dismissal, the employee shall be so advised and the matter shall be referred to the Borough Administrator. The Borough Administrator shall schedule an informal hearing, at which all facts should be presented and, except as otherwise provided, shall be conclusive. A written report of the meeting and of the action taken shall be prepared by the Borough Administrator and placed in the employee's personal history file.
[Amended 4-14-1998 by Ord. No. 5-98]
D. 
In the event that the Borough Administrator recommends a suspension in excess of five days, transfer, demotion or separation from service, the matter shall be referred for formal hearing and review to the Mayor and Council, and such action taken as it is warranted by the facts.
E. 
Disciplinary actions against employees shall be in the following forms:
(1) 
Informal, private, verbal reprimand by department head or supervisor.
(2) 
Written reprimand or suspension without pay up to five days by Borough Administrator.
(3) 
Suspension from duty without pay, transfer, demotion, or separation from the service of the Borough by the Mayor and Council.
F. 
Suspension from duty of any employee may be ordered by the department head or Borough Administrator pending final action thereon by the Mayor and Council if and when such summary action is considered as being necessary to maintain good order and discipline.
G. 
All papers in connection with a disciplinary action will be placed in the employee's personal history file.
H. 
Any employee, at any step of this procedure, may request representation, at their own expense, by their own attorney and may request that a copy of any written charges be forwarded to their attorney.