The Borough of Greenville shall adopt by resolution, personnel rules and regulations and the same shall be subject to change from time to time by resolution.
A. 
The promulgation of additional rules or amendments to these rules shall conform to the procedures and policy guidelines established in this section and shall be implemented by resolution of Council.
B. 
For the purposes of adequately advising all interested parties of proposed changes or additions to the personnel policies prior to the time when they are to take effect, the Manager shall cause to be distributed to such interested parties and posted, an informative notice of his/her intention to promulgate such rules and a brief summary, setting forth the principle provisions of the rules in such reasonable detail as will give adequate notice of their contents and a reference to the place or places where copies of the proposed rules may be examined or obtained. The administrative rules issued by the Manager shall be effective and shall have the force and effect of law no sooner than five days after the next regularly scheduled Council meeting during which such proposed rules are reported or Council approves them by resolution.
A. 
There shall be a classification of all positions according to duties and responsibilities in the Borough. Each position shall be assigned to a job class on the basis of kind and level of its duties and responsibilities to the end that all positions in the same class shall be sufficiently alike to permit use of a singular descriptive title, the same qualification requirements and the same test for competence.
B. 
The classification plan may be revised from time to time upon the recommendation of the Borough Manager and with the approval of Council and said revision may include, but not be limited to, the addition, abolishment, consolidation, division and/or amendment of the existing classes.
C. 
No person shall be appointed to or employed in any position in the career class under any title which has not been approved in the classification plan adopted. Council shall adopt, by resolution, a classification plan as part of the personnel rules and regulations.
D. 
The classification of all positions shall be based upon uniformly applied job evaluation methods.
E. 
Each classification shall contain a description of minimum knowledge, skills, abilities, performances and special job requirements.
A. 
Recruiting efforts shall be planned and carried out in a manner that assures open competition. Special emphasis will be placed on recruiting efforts to attract minorities, women or other groups that are underrepresented in the career service.
B. 
Every reasonable effort shall be made to publicize positions that become vacant so that all interested persons are informed and qualified persons are attracted to compete.
Applications and personnel examination materials shall be designed, utilized and filed in a way that the use of data on race, sex, national origin will be avoided in the examination and certification of candidates. For purposes of affirmative action, applicants will be requested to provide such data on separate forms. The forms and design of the application and affirmative action records shall be as specified by the Manager.
No applicant who fails to meet the minimum qualifications, requirements or passing scores upon any examination shall be eligible for appointment to a position in the career service. Applicants who succeed in passing all examinations and meeting the minimum requirements will rank in order of their relative scores giving equal consideration to seniority and performance in determining the relative order or ranking of the eligible persons.
The Council hereby delegates to the Manager the Council's nonlegislative responsibility to appoint, promote, demote, dismiss or discipline all employees. The Manager shall hire and discharge in accordance with the process described in this chapter. The Borough Manager shall comply with all laws respecting nondiscrimination in hiring.
The candidates for employment first will be reviewed by department heads and the Manager, and second by Manager and Council personnel Committee before selection. Candidates shall be appointed and added to the payroll only upon the signature of the Manager on a letter of appointment.
A. 
Employee appointments shall be for a probationary period of a minimum of six months to a maximum of 12 months; provided, that the personnel rules and regulations and/or labor agreements may specify a longer or shorter period of probation for certain designated classes.
B. 
The work and conduct of probationary employees shall be subject to close scrutiny and evaluation, and if found to be below standards satisfactory to the appointing authority, the appointing authority may discharge or demote a probationer at any time during the probationary period if the work performed indicates that such employee is unable or unwilling to perform the duties satisfactorily or that his habits or lack of dependability do not merit continued employment. A probationary employee may not appeal this decision.
C. 
An employee shall be retained beyond the end of the probationary period and granted permanent status only if the appointing authority affirms that the service of the employee has been found to be satisfactory and recommends that the employee be given career status.
A. 
The Manager shall prepare a system for evaluating the work performance of all employees. The purpose of the employee performance evaluation shall be primarily to inform employees on how well they are doing their job and how they can improve their work performance. The performance evaluation may also be used as a factor in determining salary increases, order of layoff, as a basis for training, demotion, discipline, or dismissal and for such other purposes as may be set forth herein or in the rules and regulations. (See § 88-38, Special consideration.)
B. 
The performance of all employees shall be evaluated at least once each year by his immediate supervisor, who shall make the appraisal in writing and shall discuss it with the employee.
No employee who has received an unsatisfactory evaluation report during a probationary period shall be given tenured career service status. Employees who receive a satisfactory evaluation report signed by the appointing authority shall be given tenured career service status. Employees of the tenured career service status shall be removed, or discharged from employment with the Borough only for causes specified herein and in accordance with the Personnel Code.
A. 
Every employee shall carry out his duties, comply with this code and comply with the rules and regulations and the departmental work rules. Every employee shall carry out his duties in a lawful manner. He shall not violate local ordinances, state or federal laws. Any employee who is asked to carry out an unlawful action shall refuse and report the same to the Manager.
B. 
The Manager and department heads shall issue rules of conduct as described herein the rules and regulations and/or departmental work rules to all employees.
C. 
These rules of conduct, if violated, are the reasons and are sufficient cause for disciplinary actions. An employee shall refrain from any outside vocation or association inconsistent with his or her Borough employment.
It will be the responsibility of the department head, under the direction of the Manager to foster and promote training of employees for purposes of improving the quality of personnel services rendered to the public. The Manager and department heads shall establish standards for the training programs.
A. 
It is the policy of the Borough that all employees shall be afforded a system that allows them to present, discuss, and process ideas, suggestions, concerns, complaints, grievances, appeals and policy whether or not it relates to a contract or a non-contract matter in a quick, simple and direct manner without fear of reprisal.
B. 
To facilitate communication among employees and management, the Manager shall establish written procedures in the rules and regulations. All employees shall be informed about the employee relations, policies and procedures and about their rights under contracts and state laws.
It is the policy of the Council that all employees shall be given the right of appeal. For the protection of employees in cases where a supervisor disciplines an employee, the supervisor shall advise the employee of his right to appeal. The employee's acknowledgement will be appended to any material filed in the employee's personnel file. Similarly, in cases of demotion and dismissal, the Manager shall advise the employee of his right to appeal and obtain acknowledgments thereof.
The employees shall have the right to organize, join and participate or to refuse to organize, join and participate in any employee organization freely and without fear of penalty or reprisal for the purpose of collective negotiations through representatives of their own choosing in terms and conditions of employment subject to the provisions of state law. Provisions of employee contracts or agreements duly approved by Council shall be deemed to have been included in the personnel rules. Only employees covered by an agreement may utilize the grievance procedures in such agreements.
A. 
Any employee may be reprimanded, suspended or dismissed when the employee violates the provisions specified in this chapter, the rules and regulations or departmental rules of operation. Generally, unless provided otherwise in the rules and regulations, a supervisor may reprimand an employee who violates the rules of conduct, department heads may suspend employees who repeatedly violate or commit violations of the rules of conduct and the Manager may suspend, demote or dismiss an employee who violates the rules of conduct.
B. 
The Manager shall describe the disciplinary process in the rules and regulations and advise the employees about it.
The tenure of every employee shall be conditioned on good behavior and the satisfactory performance of duties, as well as the need for the employee, Borough finances, etc. Any employee may be temporarily separated by layoff or suspension, or permanently separated by resignation, dismissal, disability, retirement or death. An employee may be separated from the service by resignation, quitting, layoff, dismissal, retirement and death, subject to the following:
A. 
To resign in good standing, an employee must give his department head at least 14 calendar days' prior notice. Failure to comply with this rule shall be entered on the service record of the employee, shall result in denial of reemployment rights and a loss of unused annual leave.
B. 
An employee who fails to report to work for three consecutive work days without authorized leave shall be separated from the payroll and reported as "quitting." An employee who so quits shall not be paid for unused annual leave.
C. 
Layoffs shall be announced by the Manager with approval of Council when he/she deems it necessary by reasons of shortage of funds or work, the abolition of the position or other material changes in the duties or organization or for related reasons which are outside the employee's control and which do not reflect discredit upon the service of the employee. The duties performed by any employee laid off may be reassigned to other employees already working who hold positions in appropriate classes. No career employee shall be laid off while another person in a noncareer position is employed in the same class. The layoff of employees shall be made in an inverse order, determined on performance rating and length of service in the class and in the department or other organization unit involved. Employees separated from the service through no fault of their own may be placed on a reemployment list in the order of ratings to be determined by their efficiency as demonstrated while employed and the length of service with the Borough. The eligibility of all candidates on a reemployment list will expire one year from the date on which they become entitled to reemployment rights which shall be the date of layoff.
D. 
An employee may be separated for disability when he cannot perform the required duties because of a physical or mental impairment. An employee who has exhausted all his accumulated leave and is unwilling but able to return to work may be dismissed, or given a leave of absence without pay.
E. 
Dismissals are discharges or separations made for misconduct and/or incompetence or inability to perform the work of the position satisfactorily. All dismissals are made by the appointing authority. No dismissal of a career employee shall take effect until the appointing authority gives to such employee a written statement setting forth the reasons therefor and has followed the procedures as set forth in the Personnel Code or rules and regulations.
F. 
An employee shall be separated from the service by retirement. Except as provided in the Retirement Ordinance,[1] no employee shall continue in service beyond his 70th birthday, except that with written approval of the appointing authority, an employee may be retained in his present capacity on a year-to-year basis. All employees presently employed by the Borough who are at the age of 70 or over shall be retired upon their next birthday.
[1]
Editor's Note: See Ch. 80, Pensions.
G. 
An employee who has lost any minimum special job requirements may be dismissed from the career service or demoted to a class for which he is qualified.
A. 
The personnel records of the Borough (except such records as are required to be held confidential for reasons of public policy) shall be public records and shall be open to public inspection; subject to reasonable regulations as to the time and manner of inspection which may be prescribed by the Manager.
B. 
The Manager shall establish and maintain the official records of all employees in the career service. He/she shall set forth therein for each employee his class, title, pay or status, performance evaluation and history of personnel action. All personnel actions must be made on forms as designated by the Manager.