[HISTORY: Adopted by the Board of Commissioners
of the Township of Wilkins as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-1-1964 by Ord. No. 334]
This article shall be known as the "Personnel
Ordinance of Wilkins Township," and its declared intent is that employment
in the Township government shall be based entirely on merit and personal
fitness and shall be free of personal, religious, racial and political
considerations. This article shall be uniformly, equitably and fairly
administered to the end that high employee morale is maintained, the
deserving employee's career in the Township's service is enhanced,
the unfit employee is not maintained on the Township payroll and the
interests and rights of the public and the Township are properly preserved
and protected.
A.
All offices and positions of the Township are divided
into the classified service and the exempt service.
B.
The exempt service shall include the following:
(1)
The Board of Commissioners, Township Manager, Township
Solicitor, Township Engineer and all elected officials.
(2)
Members of boards, commissions and committees.
(3)
Police, auxiliary police, special police, volunteer
firemen and volunteer personnel who serve without pay.
[Amended 2-5-1968 by Ord. No. 421]
(4)
Consultants and counsel rendering temporary professional
service.
(5)
Temporary positions of less than six consecutive months'
duration.
C.
The classified service shall include all Township
government offices and positions not specifically placed in the exempt
service by this article.
D.
The following provisions of this article shall apply
only to the classified service unless otherwise specifically provided:
The personnel program established by this article
shall be administered by the Township Manager or, in his absence,
the President of the Wilkins Township Board of Commissioners.
A.
The Township Manager shall recommend to the Board
of Commissioners at or prior to submission of each annual budget whether
the rates of pay and compensation of employees should remain unchanged,
be increased or be decreased for the next fiscal year, all to the
end that all positions in the Township service requiring similar qualifications
and having similar duties and responsibilities are equally compensated.
B.
Compensation to be paid positions covered by classified
employees shall be set by resolution of the Board of Commissioners
annually.
C.
Compensation to be paid emergency, seasonal, temporary
and part-time personnel not covered by this article and whose compensation
has not been specifically set by the Board of Commissioners shall
be determined by the Township Manager. The rate of pay so determined
shall not be greater than the rate of pay in the area for similar
work.
D.
The Chief of Police shall have general supervision
of the Township Police, and the Chief of Police shall enforce rules
and regulations approved by the Board of Commissioners. Discipline,
suspension and removal shall be administered by the Board of Commissioners
and the Chief of Police in accordance with Article VI, Subdivision
(d), et seq. of the First Class Township Code[1] (civil service for police and firemen).
[Added 2-5-1968 by Ord. No. 421; amended 12-28-1998 by Ord. No.
917]
[1]
Editor's Note: See 53 P.S. § 55625
et seq.
A.
Appointments to, promotions in and separations from
all classified positions in the Township service coming under the
jurisdiction of the Township Manager, except full-time police personnel,
shall be by action of the Township Manager. No appointment or promotion
shall be made to a paid office or position not previously created
by the Board of Commissioners.
[Amended 2-5-1968 by Ord. No. 421; 12-28-1998 by Ord. No.
917]
B.
Appointments to all classified positions shall be
solely on the basis of merit, which shall be determined by evaluation
of the person's training, experience and personal fitness, oral interview
and, whenever practicable, a written examination. Preference shall
be given to residents of Wilkins Township in cases where all other
considerations are equal.
C.
The Township Manager shall enforce this article and
may suspend employees for just cause with employees having a right
of appeal to the Board of Commissioners. Appeals must be filed, in
writing, to the Chairman of the Board of Commissioners within 10 days
after written notice of suspension has been given.
[Amended 2-5-1968 by Ord. No. 421; 12-28-1998 by Ord. No.
917]
[Amended 3-31-1997 by Ord. No. 899]
A.
Residence requirements. All employees serving in the
classified and exempt services of the Township, as defined in Ordinance
No. 334, adopted June 1, 1964, as amended, as an express condition
of employment or continued employment, must be residents of the Township
of Wilkins, Allegheny County, Pennsylvania, as hereafter provided.
Any person appointed or employed by the Township shall, if not a resident
at the time of appointment, establish their residence within the Township
within one year of their date of appointment or employment or within
one year of the date of adoption of this section. Employees who are
initially employed on a probationary status shall establish their
residence within one year of the date upon which their status as a
probationary employee ends. The Board of Commissioners shall have
the power to grant extensions of time, for good cause shown, to any
employee who has not complied with the provisions of this section.
B.
Exceptions to residence requirements. The following
employees and appointed officials shall be exempt from the provisions
of the preceding subsection:
(2)
The Township Manager.
(3)
The Township Solicitor.
(4)
The Township Engineer.
(5)
Other officers appointed in their professional capacities.
(6)
Part-time employees and various short-term employees,
including summer and seasonal part-time employees and interns.
(7)
Full-time
members of the Wilkins Township Maintenance Employees Association
with 10 or more years of full-time service may reside within three
air miles of the Wilkins Township Municipal Building.
[Added 1-13-2014 by Ord.
No. 1039]
C.
Enforcement and reporting. The Township Manager shall,
from time to time, require employees of the Township to complete such
forms and affidavits as are determined to be necessary for the administration
and enforcement of this section.
A.
Hours of work shall be set by resolution of the Board
of Commissioners.
[Amended 12-28-1998 by Ord. No. 917]
B.
Department heads shall schedule their work and the
hours of work of their respective employees, subject to approval of
the Township Manager.
C.
The Township Manager is authorized and shall, in cases
of emergency and/or instances where the protection, convenience or
welfare of the public may be of substantial concern, alter any of
the hours of work heretofore specified to cope with such contingency.[1]
[1]
Editor's Note: Original Sec. VIII, entitled
"Holidays," which immediately followed this section, was deleted 12-28-1998
by Ord. No. 917.
[Added 12-28-1998 by Ord. No. 917]
Permanent full-time employees shall receive
compensation and other benefits as designated in written agreements.
Employees without written agreements shall receive compensation and
benefits as determined from time to time by the Board of Commissioners;
and, if no Board determination of benefits other than compensation
has been made, then benefits shall be equivalent to those benefits
received by the Township Road Department.
[Amended 2-5-1968 by Ord. No. 421; 12-28-1998 by Ord. No.
917]
A.
The Manager and department heads shall determine the
time of year at which such annual leave may be taken.
B.
No employee shall be permitted to waive annual leave
for the purpose of receiving double pay.
C.
Annual leave shall be computed from the day a person
becomes an employee of the Township, but the employee shall not take
any paid annual leave before completing 12 months' service. Additional
vacation weeks earned by service anniversary cannot be taken until
after the anniversary employment date. Anniversary weeks may be combined
with previous earned vacation weeks.
D.
Paid holidays falling in an employee's vacation period
shall not count as a part of the annual leave.
[Amended 2-7-1966 by Ord. No. 377; 12-28-1998 by Ord. No.
917]
A.
Sick leave, unlike annual leave (vacation), is not
something to which the employee is automatically entitled but is provided
by the Township in an attempt to keep the employee from being seriously
handicapped financially if he/she is unable to work because of illness.
For the purpose of this article, "personal illness" shall include
disability due to sickness, injury or accident which is not compensable
under the Workmen's Compensation Laws of Pennsylvania.
(1)
To be entitled to the benefits of this article, employees
who are off-duty sick more than three days shall file with the Manager
a physician's certificate certifying to the illness of such employee,
the nature thereof, its cause and such additional information as may
be required.
(2)
In the event that an employee is hospitalized, the
three-day waiting period for sick-leave benefits shall be waived.
(3)
In the event that an employee is absent from work
due to an illness as defined in this article for a period in excess
of 10 days, the three-day waiting period shall be waived.
B.
No employee of the Township shall be entitled to the
benefits of this article for any disability which shall result form
any of the following:
(1)
The use of drugs or intoxicants.
(2)
Illness or injury intentionally self-inflicted.
(3)
Illness or injury which shall be the result of the
employee's own misconduct or gross negligence.
(4)
Disability which existed and which was known to the
employee at the time of his employment.
(5)
Disability or illness which shall occur while an employee
is on leave of absence, furlough or suspension from work, other than
on regularly earned vacation.
C.
Sick-leave time shall be computed from the day a person
becomes an employee of the Township, but the employee shall not receive
any paid sick-leave time before completing six months' Township service.
D.
Saturdays and Sundays occurring during an employee's
illness shall not count as a part of the sick-leave time. Holidays
occurring during a sick-leave period shall not be compensated for
separately.
E.
The Manager shall require an employee to file competent
written certification that his absence was for an authorized reason.
If he/she has been incapacitated for the period of his absence or
a major part thereof, he/she shall be required to provide evidence
that he/she is again physically able to perform his duties. Claiming
sick leave or benefits under any conditions other than those permitted
by this article may be cause for disciplinary action, including suspension,
demotion or dismissal.
F.
The falsification of any sick-leave certificate by
an employee of the Township shall constitute grounds for dismissal
of such employee, and he/she shall be subject to all actions and remedies
at law for the recovery of all moneys paid to such employee by reason
of said false certificate or certificates.
Training and conference-attendance expenses
incurred in the development of an employee's skills, knowledge and
abilities to assist him/her in staying abreast of his field and to
better perform the duties of his position in the Township government
shall be paid by the Township, subject in all cases to Township Manager
approval and budget appropriations.
[Amended 2-5-1968 by Ord. No. 421]
A.
No Township employee shall run for a Township office
while employed as such.
B.
No elected Township official shall require or demand
that any Township employee engage in political activity, directly
or indirectly, nor shall continued employment be dependent upon any
political activity by Township employees.
C.
Nothing contained herein shall be construed to abridge
the right of voluntary political expression.
There shall be no discrimination because of
religious or political opinions, beliefs or affiliations or because
of race, color, creed or national origin in the recruitment, promotion,
disciplining, treatment or dismissal of employees nor in the furnishing
or failure to furnish any municipal service to the residents of the
Township.
A.
No regular full-time employee in the classified service
shall accept outside full-time employment where the hours of work
are equal to or greater than the scheduled hours for the Township
of Wilkins.
B.
No regular full-time employees in the classified service
shall accept outside employment, whether it is part-time, temporary
or permanent, without the Township Manager's prior written approval.
Each change in outside employment shall require separate approval.
C.
The test in all cases as to whether approval shall
or shall not be given for outside employment is whether or not such
outside employment conflicts or interests with or is likely to conflict
or interfere with the employee's usefulness to the Township.
A.
The Township Manager, with the approval of the Board
of Commissioners, shall make administrative rules and regulations,
not inconsistent with law or the ordinances of the Township of Wilkins,
that he/she deems desirable for the good of the service and to effectively
carry out the intent and purposes of this article and shall make available
to all present and future Township employees a copy of this article,
rules and regulations and any other information he/she considers essential
for the proper guidance and information of the employee.
B.
Employees of the Township serve the citizens of Wilkins
Township. It is their obligation to be courteous, efficient and loyal
at all times. They are Township taxpayers as well as Township employees.
They will serve their own best interests by helping to maintain a
high standard of public service.
C.
Township employees shall not disseminate or issue
any official information to newspapers, public officials or anyone
without direct consent of the Township Manager. At no time will employees
discuss official business with anyone not previously authorized.
D.
Before any employee presents a formal or informal
speech concerning Township government and activities to an organized
group, the Township Manager shall be notified.
Any employee who serves on jury duty or in court
in the interests of Wilkins Township shall be compensated in the amount
which will be necessary to equal the difference between the employee's
regular pay and the compensation he/she receives for jury duty.
[Amended 2-5-1968 by Ord. No. 421]
Any employee called into the active service
of any branch of the Armed Forces of the United States shall be granted
a leave of absence for the period of such service. He/she shall be
reinstated without loss of service continuity to his former position,
provided that he/she applies for reinstatement within 90 days after
honorable discharge. The application for reinstatement shall be addressed
to the Manager or Board of Commissioners.[1]
[1]
Editor's Note: Original Sec. XVIII, entitled
"Leave of Absence," which immediately followed this section, was deleted
12-28-1998 by Ord. No. 917.
Any employee wishing to leave the service of
the Township in good standing shall file with the Manager, at least
14 days before leaving, a written resignation stating the effective
date of resignation and the reason for leaving. Failure to comply
with the provisions of this section may be considered cause for denying
such employee future employment and for denying him/her such benefits
as have been made available. Unauthorized absence from work for a
period of three working days may be considered as a resignation without
benefits.[1]
[1]
Editor's Note: Original Sec. XX, entitled
"Effective Date," which immediately followed this section, was deleted
12-28-1998 by Ord. No. 917.
A.
Violation of any provisions of this article or of
the rules and regulations established by the Township Manager with
the approval of the Board of Commissioners shall be subject to disciplinary
action by the Township Manager, including reprimand, demotion, suspension
or dismissal.
B.
Any employee who feels that the disciplinary action
is unwarranted may appeal such action to the Board of Commissioners.
Appeals must be filed, in writing, to the Chairman of the Board of
Commissioners within 10 days after notice of disciplinary action.
[Amended 2-5-1968 by Ord. No. 421]
[Added 3-11-1991 by Ord. No. 807]
A.
All applicants for positions in the classified service
shall, as a condition of employment, take a physical examination administered
by a physician retained and paid by the Township.
B.
A detailed description of each classified position
shall be prepared by the Township Manager, and this description shall
be provided to the examining physician, together with a request that
the physician note and job-related medical or mental condition which
will prevent the applicant from performing in an efficient and able
manner the work described in the job description.
C.
A physician's report stating that the applicant will
be unable to perform the work in an efficient and normal manner shall
be cause for disqualification of the applicant.
D.
The Township may, by resolution adopted from time
to time, determine specific medical or mental conditions as job-related
guidelines likely to affect the applicant's acceptance.
E.
Nothing contained herein shall be construed to deny
the right of any handicapped or disabled person to receive an appointment
to any of the classified positions when such person is otherwise qualified
for the position.
For the purpose of interpreting the provisions
of this article, the following words will have the meaning or meanings
hereby ascribed to them:
- EMPLOYEE
- Any person who renders service to the Township for pay, excluding
persons who work under a professional service contract. Employee includes
persons in probationary, regular, casual or temporary status.[Added 11-11-2013 by Ord. No. 1035]
- MATERNITY LEAVE
- Absence caused by pregnancy of a female employee.
- PERMANENT DISABILITY
- Any disability which renders an employee unable to perform his duties and which on the basis of medical opinion, is permanent or which has rendered an employee unable to perform his duties for an uninterrupted period of eight calendar months from the first day of disability.
- SICK LEAVE
- Any absence caused by nonoccupational illness or injury suffered by an employee rendering him/her unable to perform his duties, except absence caused by pregnancy.
- TEMPORARY DISABILITY LEAVE
- Any absence caused by occupational illness or injury, including but not limited to injuries caused by injury within the meaning of the Workmen's Compensation Act of the Commonwealth of Pennsylvania, illness caused by diseases within the scope of the Occupational Disease Act and, as to policemen and firemen, disabilities or incapacity incurred in the performance of duties and subject to Section 1 of the Act of June 28, 1935, P.L. 477, as amended.
- TRANSITIONAL WORK/MODIFIED DUTY
- Work restrictions (modifications of work duties or tasks)
determined and recommended by a Township-approved physician or practitioner
who has been rendering treatment to the employee or who is qualified
to render an opinion on the employee's physical abilities.[Added 11-11-2013 by Ord. No. 1035]
Sick leave shall be allowed at the rate set
forth in collective bargaining agreements, arbitration awards or resolutions
of the Board of Township Commissioners which may now be in effect
or hereafter become effective.
The Township may require any evidence reasonable
under the circumstances to validate claimed sick leave and also to
establish the fitness of an employee to return to duty. Such evidence
may include a certification by a physician and also, as to fitness
to return to duty, an examination by a physician selected by the municipality.
A.
Temporary disability for policemen. Temporary disability
suffered by a policeman or fireman coming within the scope of the
Act of 1935, June 28, P.L. 477, as amended, shall entitle such temporarily
disabled policeman to the benefits provided for in said Act.
B.
Temporary disability for other employees. Temporary
disability suffered by any employee not coming within the scope of
said Act of 1935, June 28, P.L. 477, as amended shall entitle such
temporarily disabled employee to a continuation of his regular salary
or wages during the period of such disability but not in excess of
60 working days.
C.
Workmen's compensation benefits. If any such temporarily
disabled employee is entitled to benefits under the Workmen's Compensation
Act or the Occupational Disease Act as they are in force, such benefits
shall be deducted from any salary or disability compensation to which
such employee shall otherwise be entitled.
Maternity leave. Leaves of absence will be provided
for any employee of the Township whose absence from duties will be
required because of disability from childbirth or pregnancy. Such
leaves shall be governed by considerations for the health of the employees,
the need for continuity in Township operations and the maintenance
of a qualified staff.
A.
While on a maternity leave, the employee shall be
entitled to use accumulated sick leave for disabilities caused or
contributed to by pregnancy, miscarriage, abortion, childbirth and
recovery therefrom. The Township shall require that such requests
for sick leave be supported by completion of the Township's Certification
of Maternity Disability form.
B.
If for any reason the employee does not intend to
return to her position upon the termination of the leave, the employee
is obligated to submit her resignation at least 60 calendar days prior
to the expiration of the leave.
C.
Prior to an employee's return to work from a maternity
leave, a physician must certify that she is physically able to resume
her duties on a full-time basis.
Permanent disability.
A.
Any employee who becomes permanently disabled and
is entitled to pension benefits either as a disability pension or
for age and service shall be retired on such pension as affords him/her
the larger benefits. The pension shall become payable as of the day
following the day for which he/she last receives salary or wages from
the Township after becoming eligible for such pension benefits.
B.
Any employed who becomes permanently disabled and
is entitled to no pension benefits either for age and service or for
disability shall be discharged forthwith from the service of the Township.
The Township Manager is empowered hereby to
promulgate by executive order suitable regulations for the administration
and supplementation of this article as it affects all employees. Such
regulations shall cover, inter alia, the following:
A.
Disciplinary measures to be taken in the event of
abuse by an employee of the sick leave privilege provided for by this
article.
B.
Forms and procedures for processing claims for sick
leave, temporary disability and permanent disability benefits as provided
for or contemplated by this article.
C.
Procedures for the furnishing of physician costs,
physical examinations and medical opinions required hereby or which
facilitate the administration and enforcement hereof.
D.
Such other regulations governing the implementation
and administration of the provisions of this article and not inconsistent
herewith as the Manager shall determine.
For the purposes of construing this article,
the use of the singular shall include the plural, and the plural the
singular. Words used in the masculine gender shall include the feminine
and the neuter. Words used in the present or past tense shall include
the future.
If the provisions of this article become inconsistent
or in conflict with the provisions of any collective bargaining agreement
hereafter entered into applying to some or all of the municipal employees
of the Township, which collective bargaining agreement is duly authorized
by an ordinance, such ordinance authorizing such collective bargaining
agreement shall be deemed to amend this article to the extent of such
conflict or inconsistency.
[Added 11-11-2013 by Ord. No. 1035]
A.
Applicability.
(1)
This policy applies to all employees of the Township, including those
employees covered by collective bargaining agreements.
(2)
These policies and procedures apply to any situation where an employee
is being treated for an injury or illness and is determined fit by
a Township-approved physician or practitioner to return to work on
a temporary basis with modified duties.
(3)
Transitional or modified duty assignments are based on the availability
of work. This policy does not guarantee that an injured employee will
be assigned to a modified duty position.
B.
Statements of policy.
(1)
It is the policy of the Township, with the cooperation of all departments,
to locate and assign modified duty, when feasible, to employees who
are temporarily disabled from their regular job. All such modified
duty assignments are to be within the limitations as recommended by
a Township-approved physician or practitioner.
(2)
This policy shall only be applicable to employees who are temporarily
disabled. For the purpose of this policy, "temporary disabilities"
are defined as those disabilities that apparently will last for less
than six months. If an employee is projected to be disabled for a
period of more than six months, the Township shall not be required
to follow this policy.
(3)
The Township shall not be required to create a new position to implement
this policy. If the Township determines that there is temporary work
available, for a temporarily disabled employee, the Township may utilize
this policy. Also, if a temporarily disabled employee is working on
a temporary job and such job ends, the Township may reassign the temporarily
disabled worker to another temporary job or if no job is available,
the employee may return to disabled status and may collect workers'
compensation benefits.
(a)
The Township-approved physician/practitioner shall be encouraged
to release temporarily disabled employees to modified duty work status
and to describe the employee's physical limitations in sufficient
detail to enable the Township to identify a suitable work assignment
or to modify the tasks of the regular assignment which may be eliminated
or adjusted.
(b)
The department in which the employee works shall attempt to
locate a work assignment or modify the work duties of the regular
assignment within the limitations recommended by the physician or
practitioner.
(c)
If no suitable assignment is available with the department,
the Township administration shall be contacted immediately in order
to consider other alternatives. The Township administration will attempt
to coordinate, where feasible, a temporary reassignment of the employee
on an interdepartment basis. The department to which the employee
is regularly assigned will continue to be charged for the employee's
wages and benefits.
(d)
The employee will be responsible for reporting to his immediate
supervisor following each medical appointment providing that person
with the appropriate medical status slip from the authorized treating
physician/practitioner. The employee shall cooperate to the fullest
extent possible by performing the tasks and duties within the modified
assignment to the best of his ability.
(e)
Employees will be advised of the Township's policy of mandatory
modified duty in accordance with the employee's work restrictions.
Employees refusing to accept an appropriate modified duty assignment
provided by the attending physician/practitioner and offered by the
Township shall forfeit their workers' compensation benefits and
any available supplemental salary benefits. Also, such refusal to
accept an appropriate modified duty assignment may result in other
discipline, up to and including discharge.
(f)
The immediate supervisor will be responsible for monitoring
the employee's performance during the period of modified duty.
(g)
Employees shall be entitled to earn their usual base salary
while on modified duty. It is the Township's policy that no overtime
will be authorized unless the employee is expressly given permission
by the department director. All overtime assignments must be approved
in advance by the Township Manager and/or department director, and
must be in accordance with the work restrictions set forth by the
attending physician/practitioner.
(h)
Upon release to regular work without restrictions, the employee
shall be returned to his regular work unit in the usual work assignment.
C.
Procedures.
(1)
Each department shall be responsible for implementation of this policy
within its unit. Department directors shall instruct their employees
on the Township's modified duty policy.
(2)
The department director shall inform the treating physician or practitioner
and employee of the Township's policy on modified duty.
(3)
Supervisors shall contact the department director and the Township
Manager to confirm the employee's return to work on modified
duty.
(4)
The employee's time card shall be maintained by the department
director to whom the employee is temporarily assigned.
(5)
In the event a work unit cannot reasonably accommodate a modified
work assignment due to operational difficulties of the employee's
work restrictions, the Township Manager is to be notified within 24
hours or by the next business day.
(6)
The Township Manager shall coordinate alternative assignments on
an interdepartment basis for employees whose home departments cannot
accommodate them. In the event that the Township Manager cannot locate
an assignment, the employee will remain off work and will be provided
compensation in accordance with applicable state law and in conformance
with any labor agreement.
(7)
The Township Manager is authorized and directed to develop and implement
any forms to be used in this modified duty program.
