Township of Cheltenham, PA
Montgomery County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Cheltenham 9-21-1993 as Ord. No. 1784-93. Amendments noted where applicable.]
GENERAL REFERENCES
Charter
Administration of government — See Ch. 5.
Pensions — See Ch. 40.

§ 44-1 Title.

This chapter shall be known and may be cited as the "Personnel Code of Cheltenham Township," Montgomery County, Pennsylvania.

§ 44-2 Definitions and word usage.

A. 
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE UNIT
A subdivision of a department.
APPOINTING AUTHORITY
The Township Manager, and/or a department head if so authorized by the Manager, subject to his/her supervision, review and modification.
BOARD
The Board of Commissioners of the Township of Cheltenham, County of Montgomery, Pennsylvania.
CODE
The Personnel Code.
COMMISSION
The Civil Service Commission as defined by Chapter 5, Administration of Government.
LAW
All applicable laws of the United States of America and the Commonwealth of Pennsylvania.
ORDINANCES
All ordinances of the township.
B. 
In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine.

§ 44-3 Purpose.

The intent of this chapter is to establish a system of personnel administration in accordance with § C1105 of the Charter and to provide a merit system of recruitment, examination, appointment, probation and employee discipline procedures for employees of the Township of Cheltenham, without regard to race, religion, age, sex, national origin or political opinion or affiliation.

§ 44-4 Classes of employees.

A. 
There shall be an exempt class and a competitive class of employees. The competitive class shall be composed of all positions of the township service now existing or hereby established, except the following which shall be in the exempt class:
(1) 
All elected officials and members of boards, commissions and agencies.
(2) 
The Township Manager, Assistant Township Manager, Township Solicitor, Human Resources Coordinator, Township Controller, department heads and Deputy Chief of Police.
(3) 
Consultants and others rendering professional services.
(4) 
Positions such as seasonal employees, student appointments, emergency professional, part-time and temporary appointments.
B. 
The competitive class shall include all other positions in the township service that are not specifically placed in the exempt service.
C. 
When a position is created according to the provisions of this chapter, the Board of Commissioners shall determine whether the position shall be placed in the competitive service or the exempt service.

§ 44-5 Administration.

A. 
The administration of the personnel system shall be the responsibility of the Township Manager under the authority granted to him/her by § C702C of the Charter and Chapter 5, Administration of Government.
B. 
The Township Manager and/or the Civil Service Commission shall prepare and recommend revisions and amendments from time to time to the Personnel Rules and Regulations. Personnel Rules and Regulations shall be adopted by resolution of the Board for the purpose of maintaining a personnel system in an orderly fashion.
C. 
The Personnel Rules and Regulations and Rules of Conduct (Code of Discipline) may be established for a department and/or an administration unit of a department. Departmental Personnel Rules and Regulations and Rules of Conduct shall be adopted by resolution of the Board.
D. 
The Township Manager, or his/her authorized agent, shall be responsible for certification of the payroll, that the persons named therein have been appointed and employed in accordance with the provisions of this chapter and the Personnel Rules and Regulations.
E. 
An official copy of the Cheltenham Township Personnel Rules and Regulations shall be maintained in current, accurate form in the office of the Township Manager. The official copy of the Personnel Rules and Regulations shall be endorsed with the date of adoption or revisions and attesting signature of the Township Manager.
F. 
The Personnel Rules and Regulations shall be open for inspection, under reasonable conditions, during the course of normal business hours.
G. 
The Township Manager shall, from time to time, and at least once a year, meet with the Board of Commissioners to review the personnel policies and problems of personnel administration, including the development or amendment of the Personnel Rules and Regulations, job classifications, planning and the uniform pay plan.

§ 44-6 Classification of positions.

A. 
There shall be a classification of all positions according to duties and responsibilities. Each position shall be assigned to a job class on the basis of kind and level of its duties, authority and responsibilities to the end that all positions in the same class shall be sufficiently alike to permit use of the same pay scale.
B. 
The classification plan may be revised from time to time upon the recommendation of the Township Manager and with the approval of the Board. 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 competitive class under any title which has not been approved in the classification plan adopted. The Board shall adopt by resolution a classification plan as part of the Personnel Rules and Regulations.
D. 
All persons in Cheltenham Township shall be classified according to the classification plan as herein stipulated.
E. 
The classification plan shall be approved annually by the Board of Commissioners in a classification salary section of the annual budget.

§ 44-7 Pay plan.

A. 
There is hereby recognized the existence of a pay plan which consists of a schedule of pay grades and lists of positions assigned for each pay grade as follows:
(1) 
A schedule of pay grades representing a minimum, maximum and premium rate, with intermediate steps for each position classification, except as may be provided in collective bargaining agreements.
(2) 
Rules for administering the pay plan, which shall include, but not be limited to, provisions for employee starting rates and employee increases and/or decreases corresponding to the schedule of pay grades established, shall be made part of the Personnel Rules and Regulations.
B. 
The pay plan shall be approved annually by the Board of Commissioners in the classification salary section of the annual budget. The Township Manager shall have the authority to advance employees within the established ranges, subject to budgetary limitations.
C. 
The Township Manager shall from time to time make comparative studies of all factors affecting the level of salaries and wage rates and shall recommend such changes in the pay plan as appear to be warranted.

§ 44-8 Employee recruitment.

A. 
Residency requirement.
(1) 
Effective January 1, 1989, employees of Cheltenham Township must reside in or move into the below listed municipalities within one (1) year from the date of their hire, and they must continue to maintain residency in said list of municipalities during their employment:
(a) 
Cheltenham Township.
(b) 
Lower Moreland Township.
(c) 
Bryn Athyn Borough.
(d) 
Abington Township.
(e) 
Jenkintown Borough.
(f) 
Springfield Township.
(g) 
Upper Moreland Township.
(h) 
Hatboro Borough.
(i) 
Ambler Borough.
(j) 
City of Philadelphia.
(k) 
Bensalem Township.
(l) 
Lower Southampton Township.
(m) 
Upper Southampton Township.
(n) 
Warminster Township.
(o) 
Horsham Township.
(p) 
Lower Gwynedd Township.
(q) 
Upper Dublin Township.
(r) 
Whitpain Township.
(s) 
Plymouth Township.
(t) 
Whitemarsh Township.
(2) 
All hourly personnel employed prior to the effective date of this code are exempt from the residency requirements of this section.
(3) 
Existing members of the Police Department hired prior to December 31, 1976, are hereby included in this provision and no longer have to maintain their residence within a four-mile radius of the Township Building.
(4) 
This provision shall apply to all those positions in the competitive service and the exempt service as defined in this code, except those positions funded primarily through intergovernmental cooperation agreements.
B. 
A selected applicant shall receive an offer of employment to be conditioned upon the successful completion of a physical examination, and said applicant may not begin employment in the township service until certified to be in good physical health as a result of a physical examination performed by a doctor designated by the township, at township expense.
C. 
All original appointments to vacancies occurring at the entry level pertaining to positions in the competitive service after this chapter becomes effective shall be based on merit and fitness as determined by competitive examination. Written examinations shall be required for the entry level for the Police Department. Examinations for other positions may be established in the Personnel Rules and Regulations.
D. 
Application for township employment shall be made in the manner prescribed by the Township Manager. Information may be required of the applicant as deemed necessary in order to judge the applicant's qualifications.
E. 
All examinations for positions in the township service shall be publicized by placing announcements at the following locations:
(1) 
Township Administration Building.
(2) 
Police Administration Building.
(3) 
Township Public Service Facility.
(4) 
La Mott Community Center.
(5) 
Rowland Community Center.
(6) 
Cheltenham Township volunteer fire companies.
(7) 
Cheltenham Township libraries.
F. 
Announcements.
(1) 
In addition, announcements shall be advertised in one (1) or more of the following local and Philadelphia newspapers, including but not limited to, as per the discretion of the Human Resources office, the Times Chronicle, Philadelphia Tribune, Montgomery County Record, Philadelphia Inquirer, The Leader, as well as through the Pennsylvania State Employment Agency and other private employment agencies when deemed necessary by the Township Manager. In addition, all job announcements shall be posted in the areas accessible to the physically disabled.
(2) 
The announcement shall specify, at the minimum, the title and salary range of the class for which the examination is announced, the time, the place, the manner of making applications and qualification requirements. Accommodations shall be made for those who cannot apply or attend an interview in the standard manner practiced by the township.
(3) 
In the case of written examinations in the Police Department, the advertisement, in addition to the above, shall state the time, date and place when the examination will be taken and the procedures to obtain an application. Said advertisement shall be placed in the aforesaid newspapers not less than thirty (30) days prior to the scheduled examination.
G. 
Candidates, meeting the qualifications for the original appointment for positions in the competitive service as prescribed by the Civil Service Commission, shall be placed on an eligible list in rank order from highest to lowest. Such rank order is determined by the final rating obtained in the competitive examination. If any candidate is a veteran as defined under § 44-9D, ten (10) credits may be claimed to enhance the score obtained in the competitive examinations.
H. 
Original appointments within the competitive service shall be made from the eligible list certified by the Civil Service Commission. The Commission shall certify for each existing vacancy from the eligible list the names of three (3) persons thereon who have received the highest average. The Township Manager shall thereupon, with sole reference to the merits and fitness of the candidates, make an appointment from the three (3) names certified, unless he/she registers objections to the Commission as to one (1) or more of the persons so certified. Should such objections be sustained by the Commission, the Commission shall thereupon strike the name of such person from the eligible list and certify the next highest name for each name stricken off. As each subsequent vacancy occurs in the same or another position, precisely the same procedure shall be followed. The eligible lists and names appearing thereon shall remain in effect for a period of eighteen (18) months, except that any list that has less than three (3) names shall be abolished by the Civil Service Commission at the request of the Township Manager.

§ 44-9 Examination.

A. 
Examination held to establish a list of eligibles for any class shall consist of one (1) or more of the following parts as determined by the Township Manager, subject to the approval of the Civil Service Commission, or as provided for the Personnel Rules and Regulations and in accordance with the Americans With Disabilities Act (ADA):
(1) 
Written test. This part, when required, shall include a written demonstration designed to show the familiarity of applicants with a knowledge involved in the class of position to which they seek appointment, their ability in the use of English, the range of their general information and/or their general educational attainments. A formal essay upon one (1) or more subjects may be required, if desirable.
(2) 
Oral interview. This part, when required, shall include a personal interview with the applicants where ability to deal with others, to meet the public or other personnel qualifications are to be determined. An oral test may also be used in examinations where a written test is unnecessary or impractical.
(3) 
Performance test. This part, when required, shall include such tests as performance of a trade or occupation to determine the ability and manual skills of the applicants to perform the work involved.
(4) 
Physical tests. This part, when required, shall consist of tests of body condition, muscular strength, ability and physical fitness of the applicants. All physical agility tests must be job-related and consistent with a business necessity. The results may be given weight in the examination or may be used in excluding from further examination applicants who are unable to perform the minimum required work-related functions with or without reasonable accommodation. Other physical tests may include the examination of the applicant by a medical doctor selected by the Township Manager after a conditional offer of employment has been made. Unless such physician shall certify that the applicant can perform all the duties and can perform all major duties of the job applied for without harm or injury to himself with or without reasonable accommodations, then such employee may not be certified as eligible.
B. 
The testing in such examination shall fairly appraise and determine the merit, qualifications, fitness and ability of the competitors. Such test shall be practical in character, relate to the duties and responsibilities of the position for which the applicant is being examined and shall fairly test the relative capacity and fitness of persons examined to perform the duties of the class.
C. 
In any examination where there is more than one (1) ranking part, the weight assigned for each part shall be as provided in the Personnel Rules and Regulations as approved by the Board of Commissioners. The weight should be stated as, or equated to, a percentage so that the total of the weights for all ranking parts shall be equal to one hundred percent (100%). In all examinations, the minimum rating by which eligibility may be achieved shall be as specified in the rules and regulations. Each part of the competitive examination, the weight assigned and the minimum rating shall be determined and made available to all applicants prior to examination.
D. 
Veteran credits.
(1) 
For any examination other than promotional, the applicant may claim veteran credits if the applicant has:
(a) 
Served in any unit of the Armed Forces of the United States.
(b) 
Been discharged under honorable conditions therefrom.
(c) 
Submitted proof of such armed service status as may be required by the Civil Service Commission. Credits shall refer to the addition of ten (10) points to the applicants' earned rating if he/she receives the minimum rating required to establish eligibility. These credit points shall be applied to the final percentage score of the applicant.
(2) 
The following definitions apply to the terms as used above:
ARMED FORCES
The United States Army, Navy, Marine Corps, Air Force or Coast Guard, including the active reserve components thereof.
E. 
Any applicant meeting the criteria necessary for entitlement to a veteran's preference as set forth in Subsection D must furnish with their application official proof of service and discharge. Photostatic copies of such discharges and other documents, or copies certified by a notary to be complete and correct, will be accepted.

§ 44-10 Appointment.

A. 
Exempt class. The following types of appointments may be made without competitive examination:
(1) 
Student appointments. Student appointments have the purpose of affording students of government and other professional areas an opportunity to gain actual work experience. Such appointments shall be for a definite period of time, but not to exceed twelve (12) months.
(2) 
Emergency appointments. In order to prevent stoppage of public business, or loss or serious inconvenience to the public, appointment of persons, on a temporary basis, may be authorized by the Township Manager. Emergency appointments will be discontinued upon the termination of the emergency.
(3) 
Provisional appointments. When an eligibility list for a position does not exist, a person may be appointed to a position on a provisional basis. A provisional appointment shall continue only until an appropriate eligibility list can be established and certification for employment made therefrom, or shall expire automatically three (3) months from the date of such appointment. The Township Manager may approve the extension of a provisional appointment for an additional three-month period, except that the provisionally appointed employee may not serve on a provisional basis for more than one (1) year.
(4) 
Temporary appointments. Temporary appointments may be made when a job or special project requires the addition of employees for a specific time. The Township Manager shall authorize such appointments upon the written recommendation of the department head stating the cause of the extra work, the probable length of employment and the duties which the appointee is to perform.
(5) 
Part-time appointments. Part-time appointments may be made when the fulfillment of the duties of a position requires less than the time period associated with the normal workweek or it is deemed in the best interests of the township to fill a position by such an appointment. Part-time employees work less than the normal workweek, but without time limitation or specific restrictions as to continued employment.
(6) 
Seasonal. In order to provide additional work force on a seasonal basis, the Township Manager may authorize, within the budgetary limitations, the appointment of additional personnel. Seasonal employees will be hired for a specific period of time, and their employment will terminate upon completion of said time period.
B. 
Competitive class.
(1) 
Appointments to the competitive class shall be made by the Township Manager from the eligible list certified by the Civil Service Commission in accordance with § 44-8H of this code. An employee so appointed shall be a career employee only upon successfully completing his/her probationary period.
(2) 
The provisions of this section shall apply to all those persons in the competitive service, except the following:
(a) 
Those positions classified as laborer by virtue of the routine character and unskilled nature of the duties of the position. The Township Manager shall make appointments to such positions based upon the principal job requirements for such positions. The principal job requirements shall be the demonstration on the part of the applicant of good moral character and habits and satisfactory physical condition necessary to perform the duties.

§ 44-11 Promotions.

A. 
Examinations.
(1) 
Vacancies in higher positions in the competitive class shall be filled as far as practical by promotion from lower classes under the rules of competitive examination. Persons will be recruited for such positions from outside the township service when there are no qualified candidates available for promotion. The Township Manager shall, in each case, determine whether or not an open competitive examination or a promotional examination will best serve the interests of the township in attracting well-qualified candidates.
(2) 
A promotional examination shall consist of one (1) or more of the parts as listed in § 44-9A. In all promotional evaluation criteria.
B. 
Promotions, in every case, must involve a definite increase, not decrease, in responsibilities, and shall not be made merely for the purpose of effecting an increase in compensation.
C. 
Police Department promotions shall consist of a written examination, an oral interview and/or assessment centers as an alternative or complement to the written examination. The weight assigned for each part shall be as provided in § 44-9C.
D. 
Promotions within the competitive service shall be made by the Township Manager from the eligible list certified by the Civil Service Commission and in accordance with the provisions of § 44-8H of this code.

§ 44-12 Probationary period.

A. 
All employees in the competitive class shall be required to undergo a probationary period of service upon original appointment or promotion. The regular period of probation shall be six (6) months, provided that the Personnel Rules and Regulations and labor agreements do not specify a longer or shorter period of probation for certain designated job classes or for extensions of the probationary period in individual cases. No probationary period shall be less than three (3) months nor longer than twelve (12) months. All police officers are subject to a twelve-month probationary period.
B. 
Work evaluation.
(1) 
The work and conduct of probationary employees shall be subject to close scrutiny and evaluation, and, if found to be below satisfactory standards to the department head, the department head may remove or demote the probationer during the probationary period, subject to the Township Manager's review, supervision and modification. Such removals or demotions shall not be subject to review or appeal.
(2) 
This section shall not apply to police officers; said standards applicable to police officers shall be as prescribed in the Personnel Rules and Regulations.
C. 
An employee shall be retained beyond the end of the probationary period and granted permanent status only if the department head affirms that the services of the employee have been found to be satisfactory and recommends to the Township Manager that the employee be given permanent status in the position to which he/she has been appointed or promoted. At least ten (10) days prior to the expiration of the employee's probationary period, the department head shall notify the Township Manager in writing whether or not the employee has satisfactorily completed his/her probationary period. A copy of such notice shall be given to the employee.

§ 44-13 Leaves of absence.

A. 
The collective bargaining agreements and/or the Cheltenham Township Employee Handbook specify employees' entitlement to leaves of absences. These policies shall be construed as controlling.
B. 
These provisions, where applicable, shall be deemed a substitute for the twelve (12) weeks of unpaid leave to which eligible employees are entitled under the Family and Medical Leave Act (FMLA). The use of paid leave under circumstances which would not qualify as FMLA leave will not count against the twelve (12) weeks of FMLA leave to which an employee is entitled.

§ 44-14 Training.

It shall be the responsibility of the department head, under the direction of the Township Manager, to foster and promote training of employees for the purpose of improving the quality of the personnel services rendered to the township. The Township Manager and department heads shall establish standards for the training program.

§ 44-15 Separations.

A. 
The tenure of every employee shall be conditioned on good behavior and the satisfactory performance of duties. Any employee may be temporarily separated by layoff or suspension; or permanently separated by resignation, dismissal or retirement.
B. 
To resign in good standing, an employee must give his/her department head at least fourteen (14) calendar days' prior notice. Failure to comply with this rule shall be entered on the service record of the employee and may be cause for denying future employment with the township.
C. 
Layoffs shall be announced by the Township Manager, with the approval of the Board of Commissioners or to conform with budgetary constraints, 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 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 employee who has successfully completed his/her probationary period and gained permanent status shall be laid off before a person with nonpermanent status.
D. 
Employees separated from the township service through no fault of their own shall be placed on the reemployment lists in the order of the length of service with the township. The eligibility of all candidates on the reemployment lists will expire two (2) years from the date they become entitled to their unemployment rights.
E. 
An employee may be separated for disability when he/she cannot perform the required duties because of physical or mental impairment. Action may be initiated by the employee or his/her representative or the township, but in all cases must be supported by medical evidence acceptable to the township. The township may require an examination at its expense and performed by a physician of its choice.
F. 
Dismissals are discharges or separations made from misconduct and/or incompetence or inability to perform the position satisfactorily. All dismissals shall be made by the Township Manager or when so authorized by the department head, subject to the Manager's approval. No dismissal of a career employee shall take effect until the Township Manager gives to such employee a written statement setting forth the reasons therefor and as followed in the procedures as set forth in § 44-15. Any dismissal shall be made in accordance with the applicable sections of the collective bargaining agreement or other contractual provisions regarding dismissals.
G. 
Employees shall be separated from the township service by retirement. No employee of the police force shall continue in service beyond his/her 60th birthday unless an exception is granted by the Board of Commissioners. For police pensions, the township shall abide by the provisions of the Act of May 19, 1956, P.L. 1804, Act No. 600, and its amendments.[1]
[1]
Editor's Note: See 53 P.S. § 767.
H. 
When a career employee dies while in the service of the township, there shall be paid to a person or representative of the estate of the deceased, or to such person as the Township Manager shall deem equitably entitled to it, all insurance and other benefits.

§ 44-16 Disciplinary action.

A. 
An employee may be disciplined for absenteeism, misconduct and/or incompetency and/or inability to perform the work of the job satisfactorily. Disciplinary action may take the following forms:
(1) 
Oral warning.
(2) 
Written reprimand.
(3) 
Suspension.
(4) 
Demotion.
(5) 
Dismissal.
B. 
The Township Manager, or when authorized by him/her the department head, subject to the Manager's review, supervision and modification, shall have the authority to discipline and/or dismiss employees in accordance with the procedures set forth in this chapter and the Personnel Rules and Regulations.
C. 
An employee who is suspended, demoted or dismissed must be notified in writing of the grounds of such disciplinary action.
D. 
Hearing.
(1) 
An employee who is suspended, demoted or dismissed may, within ten (10) days of notice of such action, address a request in writing to the Civil Service Commission for a hearing, as provided for in § 44-17 of this code. The provisions for a hearing before the Civil Service Commission shall not apply to those employees who have been provided the right to an equivalent hearing under a collective bargaining agreement.
(2) 
The employee may be represented by an attorney at the hearing and may bring witnesses and cross examine other witnesses.

§ 44-17 Hearings before Civil Service Commission.

A. 
The Civil Service Commission shall grant a hearing to any employee who has been suspended, demoted or dismissed upon the written request of the employee, in accordance with the provisions of this code and the ordinances of Cheltenham Township. In carrying out its functions, the Civil Service Commission shall:
(1) 
Schedule a hearing to be held not less than ten (10) days nor more than forty-five (45) days after receipt of the employee's written request.
(2) 
Render a written decision on every appeal brought before it within thirty (30) days after the final hearing. Copies of the decision shall be sent to the Township Manager and the employee.
(3) 
Make such investigations or inquiries as needed in fulfillment of its duties. The presiding officer of the Commission shall have the power to administer oaths.
(4) 
Issue subpoenas over the signature of the presiding officer to require the attendance of witnesses and the production of witnesses or papers pertaining to any investigation or inquiry.
B. 
No hearing shall be held unless a quorum of the Commission is present, and no action of the Commission shall be valid unless concurred in by a majority of the quorum. A quorum shall consist of a majority of all members of the Commission. In the event that a majority of the quorum cannot agree on a decision, the disciplinary action shall be considered to be upheld.
C. 
The decisions of the Commission as it relates to its functions as defined in this section shall have final administrative and executive authority. Appeals from such decisions may be made in accordance with the Commonwealth of Pennsylvania.

§ 44-18 Grievances and complaints.

A. 
Grievances and complaints which an employee may have, other than those which involve suspensions, demotions or dismissals, shall be handled as follows:
(1) 
First step: immediate supervisor. The employee shall orally explain his/her grievance to his/her immediate supervisor in an attempt to resolve the matter informally.
(2) 
Second step: department head. If the grievance is not resolved in the first step, the employee shall send a written statement of his/her grievance to his/her department head. The department head receiving the written grievance shall meet with the employee and other appropriate persons in a good faith effort to resolve the matter. The department head shall give the employee a written decision within five (5) days following the meeting.
(3) 
Third step: Township Manager. In the event that no satisfactory solution is reached at the second step, the employee may appeal his/her grievance to the Township Manager. Such appeal must be made within seven (7) days after the rendering of the decision as a result of the second step or after the decision at the second step should have been made. The employee shall make a written statement of his/her grievance and why the pending decisions are not acceptable to the employee. The department head will also submit a written statement of the problem and why the preceding decisions were made. The Township Manager will study the problem and return a decision to the department head and employee within ten (10) days of its presentation.
(4) 
Fourth step: Civil Service Commission. In the event that no satisfactory solution is reached in the third step, the employee may appeal his/her grievance to the Civil Service Commission. Said appeal must be made within ten (10) days after the rendering of the decision as a result of the third step. The hearing before the Civil Service Commission shall be in accordance with § 44-17.
(5) 
Fifth step: Arbitration. Either party shall have the ability to appeal any grievance decision of the Civil Service Commission to AAA Arbitration. The parties shall split the cost of any arbitration fees. Discipline up to and including discharge shall be for just cause and subject to all steps of the grievance procedure.
[Added 8-19-2015 by Ord. No. 2311-15]
B. 
The provision for an appeal to the Civil Service Commission shall not be applied to those employees who have been provided the right to an equivalent hearing under a collective bargaining agreement, in which case the provisions of the collective bargaining agreement shall prevail.

§ 44-19 Personnel transactions; records.

A. 
All appointments, separations and other personnel transactions must be made on forms prescribed by the Township Manager.
B. 
The Township Manager shall maintain a personnel file for each employee containing materials, correspondence and records pertaining to the employee and his/her employment. Employees shall be allowed to review their personnel records upon their request.
C. 
The results of the employee performance evaluation shall be submitted to the Township Manager to be made a part of the employee's personnel file and shall be used as a guide in determining adjustments within pay schedules and as a factor in promotion, demotion, dismissal or layoff.

§ 44-20 Holidays; overtime; compensation.

The Township Manager shall prescribe in the Personnel Rules and Regulations pertaining to the attendance, work hours, sick, vacation and other leave, holidays, overtime and compensation for those employees in township service.

§ 44-21 Prohibited acts.

A. 
It shall be unlawful for any official in the service of the township to reward or discriminate against any applicant for a position or any employee on the basis of his/her political affiliation.
B. 
Political party officials.
(1) 
It shall be prohibited for any township employee or any employee of any of its citizen groups to serve as an elected or appointed official of a political party, nor shall they solicit funds on behalf of a political party or a candidate for public office, nor shall they on election day be within one hundred (100) yards of a polling place except for the purpose of voting or on official township business, nor shall they engage in political activity related to the election of officials of the township or of its School Board.
(2) 
The foregoing provisions shall not apply to any such employee who is running for nomination or election to any elective office other than office in a political party.
(3) 
This section shall not apply to any elected township official.
C. 
No person shall willfully make any false statement, affidavit, mark, rating or report in regard to any test certification, promotion, reduction, removal or appointment held or made under the provisions of this chapter, or in any manner commit or attempt any act preventing the impartial administration of this chapter or of the personnel rules and regulations adopted pursuant to this chapter.
D. 
No person shall, either directly or indirectly, pay, render or give any money, service or any other valuable thing to any person for an account of or in connection with any test, appointment, promotion, reduction or removal in which he/she is concerned.
E. 
No officer or employee of the township shall knowingly defeat, deceive or obstruct any person in his/her right to examination, eligibility, certification or appointment under this chapter or furnish to any person any special or confidential information for the purpose of affecting the rights or prospects of any person with respect to employment in the competitive service.

§ 44-22 Violations and penalties.

Disciplinary procedures may be initiated against any person employed by the township who shall violate any provisions of this chapter.