[HISTORY: Adopted by the Borough Council of the Borough of Kutztown 9-16-2003
by Ord. No. 6-2003. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Personnel Policies"
of the Code of the Borough of Kutztown.
This chapter is enacted pursuant to the authority of the laws of the
Commonwealth of Pennsylvania including but not limited to, §§ (20)
and §§ (74) of § 1202 of the Pennsylvania Borough
Code [53 P.S. § 46202(20) and § 46202(74)].
A.
The Borough Council (the "Council") of the Borough of
Kutztown (the "Borough") has determined that personnel policies explicitly
stating the requirements, procedures and behavior expected of employees are
an essential part of maintaining a good, clear, and professional employer/employee
relationship with Borough employees. In addition, such policies must also
govern the conduct of elected and appointed Borough officials in their interactions
with other Borough personnel. In the past, the Council found that cumulatively
adopting personnel policies on given subjects as the official policy of the
Borough, was the most efficient and effective method of establishing the Borough's
personnel policies for Borough employees to follow in the course of their
employment. However, Council has determined that simply adopting the personnel
policy, without more, does not provide adequate protection for Borough employees
adversely affected by violations of the same. Without enforceable penalties
for violations, such personnel policies leave Borough management and the Council
unable to appropriately respond to complaints and maintain compliance with
the Borough's personnel policies. The Council has also determined that
inadequacies in the Borough's ability to maintain a professional work
environment may result in poor employee morale, reduced productivity, the
loss of valuable Borough employees and/or legal action against the Borough,
all of which represent potential economic loss to the Borough. The Council
desires to avoid such potential loss by maintaining a healthy, productive
and professional work environment.
B.
It is the Council's intention to ensure such a work
environment within the Borough government by establishing a method to formally
enact the personnel policies of the Borough, creating an administrative procedure
to address violations of such personnel policies, and establishing penalties
for violation of the same.
A.
Application of chapter. This chapter shall apply to all
Borough employees, all elected Borough officials, and all appointed Borough
officials, when acting in the course of their respective employment or official
duties on behalf of the Borough.
B.
Administration. This chapter shall be administered by
the Borough Manager and the Personnel Committee of the Borough Council of
the Borough of Kutztown (the "Personnel Committee") as hereinafter prescribed.
The Borough Council may, by resolution, adopt policies prohibiting improper
conduct in the Borough workplace by Borough employees and elected and appointed
officials (the "Borough Personnel Policies"), from time to time, as may be
reasonably necessary for the good and efficient administration and management
of the government. Such policy or policies adopted by resolution shall be
cumulative and shall be enforced under this chapter. In no event shall this
chapter be deemed to authorize the imposition of any Borough Personnel Policies
in violation of any collective bargaining agreement.
A.
Nonuniformed Borough employees. All violations of the Borough Personnel Policies, adopted pursuant to § 161-5 of this chapter, allegedly committed by nonuniformed Borough employees shall be reported to the Borough Manager. The Borough Manager shall immediately investigate all such reported violations to determine the veracity of such allegations. The Borough Manager shall provide written notification of his findings to the nonuniformed Borough employee and present the same to the Council at a hearing to impose a penalty in accordance with § 161-7 of this chapter. If the Borough Manager determines the violation is of such a serious nature as to require the suspension of a nonuniformed Borough employee or employees, he shall immediately suspend the employee with pay and notify the Council of the same at the time of the hearing.
B.
Uniformed employees. All violations of the Borough Personnel Policies, adopted pursuant to § 161-5 of this chapter, allegedly committed by uniformed Borough employees shall be reported to the Chief of Police. The Chief of Police shall immediately investigate all such reported violations to determine the veracity of such allegations in accordance with the Kutztown Police Department Code of Discipline. If the Chief of Police determines the violation is of such a serious nature as to require the suspension of a uniformed Borough employee or employees, he shall immediately recommend suspension of the employee or employees to the Mayor and the Council.
C.
Elected and appointed Borough officials. All violations of the Borough Personnel Policies, adopted pursuant to § 161-5 of this chapter, allegedly committed by elected and/or appointed Borough officials shall be reported to the Borough Manager, except in the instance when the alleged violation of the personnel polices is allegedly committed by the Borough Manager, in which case the alleged conduct shall be reported to the Borough Council President. Upon receiving a complaint of alleged violations of the Borough's personnel policies by an appointed or elected official, the Borough Manager or the Borough Council President shall immediately forward said complaint to the Personnel Committee who shall immediately direct the complaint to special counsel, a member of the Bar of the State of Pennsylvania excluding the Solicitor or any member of the Solicitor's law firm, appointed by Council to investigate allegations that elected or appointed officials have violated the personnel polices of the Borough of Kutztown. Special counsel shall have the following duties:
[Amended 6-15-2004 by Ord. No. 12-2004]
(1)
Initiate and accomplish a preliminary investigation at
his/her sole discretion, upon direction from the Personnel Committee.
(2)
Notify both the complainant and the subject of the investigation
of the filing of the Complaint, the nature of the same, and the initiation
of a preliminary investigation.
(3)
Complete the preliminary investigation, within 60 days
of assignment by the Personnel Committee.
(4)
Prepare a findings report which determines whether or
not there are facts which may exist to support the complaint. If the preliminary
investigation fails to establish the facts which support the complaint, special
counsel shall dismiss the complaint and notify both the complainant and the
subject of the complaint of this dismissal of the complaint. If, however,
at the conclusion of the preliminary investigation, the special counsel determines
that there may exist facts to support the complaint, the special counsel shall
deliver to the Borough Council its findings report.
(5)
Upon receiving the findings report from special counsel,
the Borough Council shall conduct a hearing which complies with the Local
Agency Law (2 Pa. C.S.A. § 551 et seq.). Special counsel during
the aforementioned hearing shall present evidence and testimony in support
of the investigated complaint.
D.
Investigations and punishment. All investigations and
punishment, if any, of Borough employees and of elected or appointed Borough
officials conducted pursuant to this section shall be held and conducted in
accordance with the Local Agency Law (2 Pa.C.S.A. § 551 et seq)
(if applicable) and the Sunshine Law (65 Pa.C.S.A. § 701 through
716) (if applicable).
E.
Control of the premises. The Borough Manager, Chief of
Police and any duly appointed Borough superintendent (or their designee then
in charge) shall, pursuant to this chapter, direct any person to immediately
leave a Borough building, facility or property (except when such person is
present there on account of a public meeting or public hearing) if the Borough
Manager, Chief of Police or superintendent observes such person, engaging
in a violation of the Borough of Kutztown Conduct and Behavior Policy and/or
the Borough of Kutztown Sexual Harassment Policy.
A.
Counseling and training. The Borough Council may, in appropriate circumstances, require that the accused employee or official undergo such harassment or other counseling or training as the Council believes is appropriate in order to assure that future violations will not occur. Successful completion of such counseling or training shall be deemed an aggravating factor for consideration of the imposition of any penalties under § 161-7B or C for successive violations hereunder.
B.
Nonuniformed Borough employees. All penalties for violation of this Chapter 161 shall be imposed by the Borough Council of the Borough of Kutztown at a regular or special meeting. In determining the penalty to be imposed, the Council shall consider the nature and severity of the violation, the cost to the Borough of such violation and the penalty recommended by the Borough Manager. The following possible penalties or combination of penalties may be imposed:
(1)
Informal reprimand. An informal reprimand shall be a
verbal warning informing the Borough employee that a policy violation has
occurred and that such employee shall not commit the same infraction in the
future.
(2)
Formal reprimand. A formal reprimand shall be written
warning informing the Borough employee that a policy violation has occurred
and that such employee shall not commit the same infraction in the future.
A copy of the written warning shall be placed in the employee's personnel
folder.
(3)
Loss of pay and suspension.
(4)
Termination.
C.
Uniformed employees. All penalties for violation of this Chapter 161 shall be imposed in accordance with the Kutztown Police Department Code of Discipline and other applicable statutes.
D.
Elected or appointed Borough officials. All penalties for violation of this Chapter 161 shall be imposed by the Borough Council of the Borough of Kutztown at a regular or special meeting. In determining the penalty to be imposed, the Council shall consider the nature and severity of the violation, the cost to the Borough of such violation and the penalty recommended by the Personnel Committee. The following possible penalties or combination of penalties may be imposed:
(1)
Censure. "Censure" shall mean a motion, passed by a majority
of the Council in a public vote, formally condemning the action(s) of the
elected or appointed Borough official which have been determined to be in
violation of the Borough Personnel Policies.
(2)
Access restrictions. Council may restrict an elected
or appointed Borough official's access to Borough employees or to locations
on Borough property in accordance with the following:
(a)
Borough employee(s). If the Personnel Committee determines that an elected or appointed Borough official is in violation of a Borough Personnel Policy or Policies adopted pursuant to § 161-5 with regard to such person's conduct toward a Borough employee or employees, the Council may require that such elected or appointed Borough official discontinue all direct communication with the affected Borough employee(s) and direct that all future communications with such Borough employee(s) be conducted through a designated member of the Council or other person.
(b)
Borough property. In addition to Subsection D(2)(a) above, the Council may restrict an elected or appointed Borough official's access to Borough property. Such access restriction shall be limited to areas of Borough property where affected Borough employee(s) work. In the event the restricted appointed or elected Borough official must have access to areas of Borough property where affected Borough employee(s) work during normal business hours, the Council may require that the restricted appointed or elected Borough official be escorted by a designated member of Council or other person to ensure compliance with all Borough Personnel Policies.
(c)
Civil enforcement. In the event an elected or appointed Borough official refuses to comply with Subsection D(2)(a) and (b), above, the Borough Council shall have the right to seek injunctive relief before any court of competent jurisdiction to enforce compliance to the access restrictions created under this Chapter 161.
(d)
Criminal enforcement. In the event an elected or appointed Borough official refuses to comply with Subsection D(2)(a) and (b), above, the officers of the Kutztown Borough Police Department shall take all action permitted by law to ensure enforcement of the provisions of the Pennsylvania Crimes Code, including but not limited to prosecution for criminal trespass, harassment, disorderly conduct, and/or abuse of office or any combination thereof, if applicable.
E.
Practice and procedure. The Council's procedure in determining a penalty for violation of this Chapter 161 shall be in accordance with the Local Agency Law (2 Pa.C.S.A. § 551 et seq) (if applicable), the Sunshine Law (65 Pa.C.S.A. § 701 through 716) (if applicable), the Kutztown Police Department Code of Discipline (if applicable), the Borough of Kutztown Employee Handbook (if applicable), and the Borough Code (if applicable).
A.
Any nonuniformed Borough employee or elected or appointed
Borough official found to be in violation of a Borough Personnel Policy may
appeal such decision to the Council within 30 days of notification of such
decision. All appeals shall be in writing and signed by the appellant. Thereafter,
the Council shall, within 90 days, review its prior decision, provide the
employee or official in question with an opportunity to present any additional
information, and render a decision. The Council shall make its decision at
a public meeting and inform the appellant of such decision in writing.
B.
Uniformed employees. Any uniformed Borough employee found
to be in violation of a Borough Personnel Policy may appeal such decision
pursuant to Kutztown Police Department Code of Discipline, the Collective
Bargaining Agreement and all applicable Civil Service provisions.
A.
Borough Manager. In the event the Borough employee alleged
to have committed a violation of a Borough Personnel Policy is the Borough
Manager, the Personnel Committee shall conduct the investigation of such allegation
and recommend a penalty to the Council if such allegation is determined to
be true.
B.
Personnel Committee. In the event the elected Borough
official alleged to have committed a violation of a Borough Personnel Policy
is a member of the Personnel Committee, such elected Borough official shall
not participate in the investigation of such allegation nor in the penalty
determination.
A.
Conflicts. Whenever there is a difference between the
rules in this chapter and those included elsewhere in the Code of the Borough
of Kutztown or in any of the Borough Personnel Policies, the more stringent
requirement shall apply, unless the application of such requirement at such
time would violate any civil service or collective bargaining agreement, law,
rule or decision, in which case the rules and procedure permitted under such
civil service or collective bargaining agreement, law, rule or decision shall
be applied.
B.
Repealer. All existing ordinances or parts of ordinances
and provisions of the Code of the Borough of Kutztown which are contrary to
this chapter are hereby repealed to the extent necessary to give this chapter
full force and effect.
It is the intention of the Council that each separate provision of this
chapter shall be independent of all other provisions herein and it is further
the intention of the Council that if any of the provisions of this chapter
be declared to be invalid, all other provisions hereof shall remain in full
force and effect.
