Township of Pine, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Pine 12-7-1992 by Res. No. 414. Amendments noted where applicable.]

§ A146-1 Statement of Purpose.

This human resource policy is established to provide for the fair and consistent treatment of Township employees, excluding police, in order to encourage a responsive, competent and efficient work force.
The rules and procedures included in this policy are intended to provide employees with information on which they can rely in dealing with matters affecting their work-related conduct, responsibilities, rights and benefits. This policy does not constitute a contract with any employee or group of employees, and if items in this policy are found to be in conflict with any legal contract or with any law, the contract or law will prevail. This is a flexible document which must be, and will be, from time to time, changed as circumstances dictate the necessity for change. Accordingly, the Board of Supervisors reserves the right to add to, delete from or otherwise modify this document when it determines that such changes to the document are necessary.
The Township Manager will be responsible for the administration of this policy, for assuring that all employees are aware of it, for preparing reports to the Board of Supervisors and maintaining records that may be required and for recommending policy changes to the Board of Supervisors as necessary to maintain efficiency and comply with applicable laws. The Township Manager is authorized to act on behalf of the Board of Supervisors to hear and resolve grievances, to investigate offenses and take disciplinary action, to meet with employees to discuss terms and conditions of employment and to select and hire employees, subject to specific limitations as the Board of Supervisors may impose.
All Township employees are and remain employees at will unless otherwise provided by law.
A copy of this policy shall be given to all existing employees upon adoption and to all new employees at the time of commencement of their employment.

§ A146-2 Policy barring discrimination.

A. 
Statement of practice.
(1) 
The Township of Pine does not refuse to hire or employ, bar or discharge or otherwise discriminate against any individual with respect to classification, compensation, terms, conditions or privileges of employment on the basis of ancestry, race, religious creed, color, age, sex, national origin, non-job-related handicap or disability or political or religious opinions or affiliations.
(2) 
Employees are to be selected and promotions conferred upon individuals best able and most competent to perform the services required.
B. 
The Township of Pine, prior to employment of any individual, shall not elicit any information or make or keep a record of or use any form of application or application blank containing questions or entries concerning the race, color, religious creed, ancestry, sex, age, national origin, past handicap or disability or political affiliation. The Township reserves the right to inquire as to the existence and nature of a present handicap or disability. The scope of such inquiry shall be to determine whether such handicap or disability substantially interferes with the ability to perform essential functions of the employment.
C. 
The Township of Pine shall not issue any advertisement relating to employment indicating any classification preference, limitation, specification or discrimination based on race, color, religious creed, ancestry, age, sex, national origin, non-job-related handicap or disability or political affiliation.
D. 
Employees or applicants who feel that they have been discriminated against have the right to file complaints in accordance with the Township grievance procedure [1]This procedure, however, is not meant to deny a person's right to file complaints with the State Human Relations Commission, the Equal Employment Opportunity Commission or the Courts of the Commonwealth of Pennsylvania or the United States.
[1]
Editor's Note: See § A146-19.
E. 
The Township shall, solely for Equal Economic Opportunity Commission purposes, maintain and have available records showing, for each year, the number of persons hired, promoted and terminated for each job by sex and, where appropriate, by race.
F. 
In the administration of this policy, the Township of Pine does not discriminate against any person in recruitment, selection for employment, training, promotion, retention, discipline, benefits, condition of work or any other aspect of personnel administration because of political or religious opinions or affiliations or because of race, age, sex or national origin. In addition, the Township does not discriminate because of physical disability unless physical abilities constitute genuine job requirements. The Township will attempt to make reasonable accommodations to enable otherwise qualified employees and applicants with disabilities to be employed.

§ A146-3 Conditions of employment.

The normal workweek for regular, full-time employees covered by this policy shall be 40 hours per week, eight hours per day. Each workday shall be interrupted by a lunch period of 1/2 hour which shall not be part of the paid time. Starting and quitting times and lunch hours shall be assigned in each work area so as to provide continuous coverage during regular work hours. Where possible, without disrupting work, adjustments to work hours may be made with prior approval of the Township Manager.

§ A146-4 Probationary period.

A. 
All new employees shall be considered to be on probation for a six-month period following date of hire. The Township Manager may summarily dismiss the employee during the probationary period. Any probationary employee retained beyond his/her probationary period shall immediately thereafter be classified as a regular employee.
B. 
All employee benefits begin at the date of hire except health benefits, which begin the first of the month following the date of hire.

§ A146-5 Holiday leave; birthday leave.

A. 
Regular, full-time employees shall be paid for the following holidays on which Township offices will be closed: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, day after Thanksgiving, four hours on the afternoon of Christmas Eve and Christmas Day. When any of said holidays falls on a Sunday, the following Monday shall be observed as a holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday.
B. 
Regular, full-time employees shall be given paid leave on their birthday or any other day in lieu of their birthday as approved by the Township Manager.
C. 
Regular, full-time employees shall earn the below-stated number of days of paid personal leave each year (credited to the next service year on the employee's anniversary date):
[Added 4-17-2006 by Res. No. 741]
Years of Service Completed
Personal Leave
(days)
Less than 1
0
1
1
2
1
3
1
4
1
5
1
6+
2
(1) 
The scheduling of personal leave must be approved by the Township Manager or department head to assure continuity of municipal operations. Employees shall provide the Township Manager or department head with advance notice of their election to schedule any personal leave day(s) which they have earned. Personal leave days must be utilized in the service year in which they are credited and shall not accumulate; if not used in such service year they shall be forfeited. If an employee resigns or retires with unused personal leave credited for his/her final service year, any such unused personal leave shall be forfeited.

§ A146-6 Vacation leave.

A. 
Vacation leave applies to all regular, full-time employees. Vacation leave is earned as work is performed beginning from the date of hire and is credited to the employee every year on the individual's anniversary date, i.e., the vacation leave credited in one year is for the previous year's service.
B. 
The vacation leave schedule must be approved by the Township Manager or department head to assure the continuity of the operations of the municipal office.
C. 
With the exception of the period from the hiring date to the first anniversary date, the employee may take five days after six months of service of the 10 days earned after one year. The remaining five days or balance of leave will be credited after the first anniversary date.
[Amended 12-6-2004 by Res. No. 711]
D. 
Vacation leave will be credited to the next service year on the anniversary date as follows:
Years of Service Completed
Vacation Leave Credit
(days)
1
10
2
10
3
10
4
15
5
15
6
15
7
15
8
15
9
15
10
15
11
20
12
20
13
20
14
21
15
22
16
23
17
24
18
25
19+
25
E. 
If the vacation leave credited in one service year is not used in that year, it may be carried over to the following service year. If not used in the following service year, it will then be forfeited.
F. 
If an employee resigns or retires, vacation shall be prorated at the rate of calendar days from the anniversary date to the last day worked prior to resignation or retirement (exclusive of vacation leave credited) to 365 days.
[Amended 12-6-2004 by Res. No. 711]

§ A146-7 Sick leave.

[Amended 12-6-2004 by Res. No. 711; 1-3-2012 by Res. No. 854]
A. 
Any employee who is unable by reason of sickness or injury to perform his duties must phone the Township office each day he or she is off before or within 1/2 hour after the time set for beginning his or her duties and so directly notify the Township Manager or Assistant Manager. If neither are available, the employee must give notice to the department head or an employee who will so notify the Township Manager or Assistant Manager. Failure to give notice as required may result in disciplinary actions and denial of paid leave.
B. 
Sick leave cannot be used for doctor’s visits; vacation/compensation time must instead be used.
C. 
The third consecutive day of nonhospitalized sick leave will require the employee to provide a doctor’s certificate in all instances. A doctor’s certificate shall also be required in all instances after an employee has used eight sick days per year without a doctor’s certification.
D. 
Withstanding all other provisions set forth, the Township Manager or Assistant Manager may demand a doctor’s certificate at any time following an employee’s sick leave.
E. 
Eight days of sick leave per year will be awarded to regular, full-time employees with an accumulation by them of a maximum of 100 days. No accumulation of unused sick leave in excess of 100 days shall be permitted. The benefits set forth in this subsection are available only to regular, full-time employees.
F. 
If a regular, full-time employee is eligible for short-term disability, his or her unused sick leave will be used for the elimination period prior to short-term disability taking effect. If sick leave is not available, compensatory leave or vacation leave will first be used. If sick leave, compensatory leave or vacation leave is not available, the short-term disability elimination period will be unpaid time. The benefits set forth in this subsection are available only to regular, full-time employees.
G. 
At normal retirement of regular, full-time employees, the balance of their unused sick leave will be bought back at 50% at the then current straight-time rate. Buy back does not apply to such an employee who is terminated or voluntarily quits before age 59 1/2 years old. The benefits set forth in this subsection are available only to regular, full-time employees.

§ A146-8 Family and medical leave.

[Amended 9-2-2003 by Res. No. 679]
In accordance with the Family and Medical Leave Act (FMLA) the following provisions shall be applicable:
A. 
All regular full-time employees shall be eligible for family and medical leave if he/she has worked at least 12 months and also has worked at least 1,250 hours during the 12 months prior to the start of FMLA leave.
B. 
An eligible employee will be granted up to a total of 12 work weeks of unpaid leave in a twelve-month period for one or more of the following reasons:
(1) 
For the birth of a son or daughter, and to care for the newborn child;
(2) 
For the placement with the employee of a child for adoption or foster care, and to care for the newly placed child;
(3) 
To care for an immediate family member (spouse, child under 18 years of age, or parent - but not a parent in-law) with a serious health condition;
(4) 
For the employee's own serious health condition.
C. 
Leave to care for a newborn child or for a newly placed child must conclude within 12 months after the birth or placement of such child.
D. 
Medical certification. The Township shall require that the need for leave for a serious health condition of the employee or the employee's immediate family member be supported by a medical certification issued by a health care provider. The Township will allow the employee at least 15 calendar days to obtain the medical certification and provide it to the Township.
E. 
The Township shall require the employee to use paid vacation leave before unpaid FMLA leave.
F. 
During unpaid FMLA leave, an employee will not be paid and will not accrue entitlement to benefits earned by working, such as vacation leave, pension benefits and any similar earned benefits. During unpaid FMLA leave, employees may not receive any form of paid time off, such as holidays or vacation days. However, during the employee's unpaid FMLA leave, the Township will continue to provide for the employee and his/her qualifying dependents the standard life insurance and health insurance coverage.
G. 
Cash payments chosen by the employee in lieu of group health insurance coverage provided by the Township will not be maintained during a period of unpaid FMLA leave.
H. 
Upon return from FMLA leave, an employee will be restored to his or her previous job, or to an equivalent job, which means one virtually identical to the previous job in terms of pay, benefits, and other employment terms and conditions. In addition, an employee's use of FMLA leave will not result in the loss of any employment benefit that the employee earned or was entitled to before commencing (but not necessarily during) FMLA leave.
I. 
Eligible employees seeking to use FMLA shall be required to provide the Township with a thirty-day advance written notice of a foreseeable need to take FMLA leave, or shall provide same as soon as practicable when the need is not foreseeable.

§ A146-9 Bereavement leave.

A. 
Upon the death of any member of an employee's immediate family, the regular, full-time employee shall be permitted three days off with pay at the time of the funeral. "Immediate family" is hereby defined as the employee's spouse, children, mother, father, brother, sister, grandparents, grandchild, mother-in-law or father-in-law.
B. 
Any regular, full-time employee will receive one day off with pay, the day of the funeral, for the purpose of attending said funeral when the death of the employee's uncle, aunt, nephew, niece, brother-in-law, sister-in-law or grandparent-in-law occurs, provided that the employee attends the funeral.
C. 
In unusual cases which are not definable but must be covered by common sense, it is within the province of the Township Manager to grant additional time off.

§ A146-10 Civil leave.

A. 
Any regular full-time employee who is required to serve on a jury shall be granted leave with pay while attending court. The Township requires evidence of such duty in the form of written notification to be presented to the department head or Township Manager as far in advance as possible.
B. 
Witness duties; party to court.
(1) 
Regular, full-time employees who are subpoenaed as witness or who are parties to a court or administrative proceeding, the cause of action thereof arising directly from and within his/her work-related duties, shall receive leave with pay while attending such proceedings.
(2) 
The above subsection does not apply to employees whose allegedly fraudulent, dishonest or criminal act or acts are the subject or cause of judicial or administrative hearings or who have initiated such court or administrative proceedings against the Township. Any employee erroneously receiving civil leave shall reimburse the Township for leave so received.
C. 
Any juror or witness fees received by the employee shall be deducted from the employee's salary. Mileage allotments received will not be so deducted.
D. 
Regular, full-time employees, while performing fire-fighting duties for the Wexford Volunteer Fire Company or civil defense rescue work during a fire, flood or other disaster, may be granted leave with pay subject to approval from the Township Manager. The Township Manager requires evidence of such duty in the form of written notification from the Wexford Volunteer Fire Company, civil defense agency or other organization with which they served, certifying their activities during the period of absence.

§ A146-11 Military leave.

A. 
Any regular, full-time employees who are members of the Military Reserve or National Guard will be granted up to 15 days' paid leave in any calendar year for required training or duty upon presentation of a copy of official orders.
B. 
Any federal or state compensation received for military service by a Township employee on military leave shall be deducted from the employee's salary for such days.

§ A146-12 Insurance benefits.

A. 
All regular, full-time employees are eligible for the following: a health insurance medical benefits plan, a dental benefits plan, and a vision benefits plan from providers selected by the Township's Board of Supervisors.
[Amended 12-6-2004 by Res. No. 711; 11-21-2016 by Res. No. 955]
B. 
All regular, full-time employees are eligible for term life insurance in the amount of $50,000.
[Amended 12-6-2004 by Res. No. 711]
C. 
All regular, full-time employees are eligible to participate in the Township of Pine Medical Election Plan, in accordance with Township of Pine Resolution No. 543, adopted December 1, 1997.
[Amended 12-6-2004 by Res. No. 711]
D. 
In the event that the employee's family status changes such that it would affect the costs the Township pays for health benefits, the employee will immediately notify the Township Manager. If such notification is not made, the employee will be personally responsible for the resultant cost differential, which will be withheld from his/her pay over a suitable period of time as determined by the Township Manager.
E. 
Beginning January 1, 2007, those employees of the Township of Pine electing benefit coverage under the group medical and dental benefit plan then maintained by the Township shall contribute to the Township from their respective salaries a sum equal to 3% of the cost to the Township of their respective premiums for such benefit coverage afforded to them.
[Added 11-20-2006 by Res. No. 749]
(1) 
The Township of Pine's Medical Election Plan shall be appropriately revised and amended so as to reflect and permit the aforementioned employee contribution to be excludable from the employee's gross income under Section 105(b) of the Internal Revenue Code of 1986, as amended.
(2) 
Beginning with the coverage year to include 2017, the Township of Pine's Medical Election Plan shall be appropriately revised and amended so as to state that those employees electing to receive cash compensation from the Township in lieu of group medical benefit coverage shall receive one of the following specified amounts (as related to the type of benefit coverage otherwise applicable for the electing employee), payable in equal installments added to the amount of the employee's regular payroll check during the coverage year:
[Amended 11-21-2016 by Res. No. 955]
(a) 
Employee only (single status) (including employees under age 26 and legally coverable under parental plans pursuant to the Affordable Care Act): $1,500.
(b) 
Employee/spouse: $2,500.
(c) 
Parent/child (or children): $1,500.
(d) 
Family: $5,000.

§ A146-13 Pension benefits.

All regular, full-time employees are entitled to pension benefits as defined by the current nonuniform pension documents, revisions and amendments adopted by Resolution 386 dated November 11, 1991.[1]
[1]
Editor's Note: Said documents are on file in the office of the Township Manager.

§ A146-14 Workers' compensation.

A. 
It is the desire of the Township that Township employment be a safe employment. Toward this end, the Township desires that no Township employee should place himself/herself in a position of likely physical danger. Unsafe working conditions should be immediately called to the attention of the appropriate department head or Township Manager. Unfortunately, there will be occasions when employees receive work-related injuries, even when every reasonable effort is made by both the Township and the employee to function safely.
B. 
It is the responsibility of the employee to report all work-related injuries or illnesses within 24 hours by notifying their department head and then submit a claim for workers' compensation to the Township Manager, who is responsible for reviewing and signing the report.
C. 
When a work-related injury or illness requires the employee to be sent home, the employee will be paid for the remainder of the shift, but not beyond the end of his/her normal shift.
D. 
The employee must notify his/her department head immediately that the examining physician is indicating that the employee must not work for a specified period due to the injury or illness. A written statement from the physician must also by provided for the Township Manager. The employee is responsible for following department procedure regarding call-off and continued contact with the department head.
E. 
If the incident suffered by the employee does not require medical treatment, the accident report will be reviewed by the department head and kept on record for any future reference. If there is medical treatment required and/or if the employee loses work time as the result of the injury or illness, the Township Manager will process the workers' compensation claim for medical expenses and compensation for lost time after an accident report is filed. Employees should refer any physician bills or related medical expense statements to the Township Manager.
F. 
Following a work-related incident, the first seven calendar days of any time lost case are a waiting period under the workers' compensation statute. However, employees may use their sick leave first and any available vacation time to cover this period. Work hours lost during this period should be noted as workers' compensation on the employee's time card. If the employee continues to be disabled beyond the seven calendar days, he/she will be eligible for workers' compensation.
G. 
Vacation, sick and holiday time will not accrue during any workers' compensation period.
H. 
The employee must return to work immediately upon being released by his/her physician. Failure to return will constitute a voluntary resignation.
I. 
The decision as to whether the employee will return to work with restrictions or limitations will be made by the Township Manager based upon a review of the essential functions of their job as defined by their job description.

§ A146-15 Overtime pay.

A. 
All employees of the Township who are not exempt from the Federal Fair Labor Standards Act's requirements will be paid for all hours worked in excess of 40 hours in a seven-day workweek. The workweek is defined as 12:01 a.m. Sunday through 12:00 midnight Saturday. Overtime pay must be approved by the department head.
B. 
The overtime pay will be a rate of 1 1/2 times the employee's regular hourly rate of pay, except that the overtime pay for employees in the Department of Public Works on the holidays of Thanksgiving Day, Christmas Day and New Year's Day shall be two times such employee's regular hourly rate of pay. The overtime pay will be paid to the employee the pay period following the period worked, i.e., overtime during the first through the 15th will be paid at the end of the month.
[Amended 4-8-1997 by Ord. No. 248]
C. 
In the event that less than a full compliment of any department is needed to perform overtime duties, the department head, at his/her discretion, shall be responsible for choosing the person for the job to be completed.
D. 
Overtime compensation for all non-exempt employees shall ordinarily be paid in cash at the rate of 1 1/2 times the employee's regular hourly rate of pay. At the request of any non-exempt employee, compensatory time off may be saved instead of receiving a cash payment. By November 1 of each year, each non-exempt employee must notify the Department Head in writing, of his/her desire to receive compensatory time off instead of cash payment for overtime and the number of hours desired up to the maximum of 80 hours. Once the number of hours desired is reached, all future hours will be paid in cash. No further accumulation hours will be permitted. If written notification is not received, overtime compensation will be paid in cash. In no event shall compensatory time off accrue from year to year. The Township's non-exempt employee positions currently are: Administrative Assistant, Bookkeeper, Bookkeeping Clerk, Code Enforcement Officer, Code Enforcement Officer/Fire Marshal, Earned Income Tax Assistant, Public Works Employee, Resident Relations Coordinator, Secretary, and Zoning Department Assistant. The status of any future, additional employee position will be determined when created.
[Added 4-8-1997 by Ord. No. 248; amended 12-6-2004 by Res. No. 711]
E. 
Compensatory time off may be accrued from November 1 through October 31 of the following year at the rate stated above, but not to exceed a total of 80 hours or 10 days, to be used by November 1 of the same year as accrued with the approval of the Department Head. If such compensatory time off is not used during this stated time frame, any unused compensatory time shall be paid in cash on November 30 at the rate in effect when the overtime was earned.
[Added 12-6-2004 by Res. No. 711]

§ A146-16 Chain of command.

A. 
As outlined in the Administrative Code,[1] chain of command shall be department head, Assistant Manager, Township Manager and Supervisors.
[1]
Editor's Note: See Ch. 2, Administration of Government.
B. 
The Township welcomes and encourages employee suggestions for improving the efficiency of Township service. There is a right and wrong way to do this. As is the case with every employer, the Township must operate on a chain of command theory.
C. 
Before going public with some criticism of Township operations, it is to be encouraged for employees to give the Township the benefit of their concerns. This will allow the Township to explain its position to the employee, if there has been a misunderstanding, and will give the Township a reasonable opportunity to evaluate the employee's concerns and act positively upon them.
D. 
The Township is not requesting that employees remain silent in the face of any unethical behavior observed by Township employees. However, when the issue does not involve questions of legality or ethics, it would be preferred for employees to permit their employer or its elected or appointed supervisory officials to first be given an opportunity to address the criticism. Employees are expected to direct their concerns progressively through each step in the chain of command.

§ A146-17 Employee discipline.

[Amended 12-6-2004 by Res. No. 711]
The following Rules of Conduct are applicable to all nonuniformed Township employees:
The general rules of conduct for Township employees (as listed below) are designed to provide a safe, orderly, and an efficient work environment. The purpose of disciplinary action is not to punish but to discourage repetition of misbehavior by the offender or by another following his example. Since the violation of some rules are more serious than the violation of others, the rules have been divided into four sections, governed by the seriousness of the offense. The rules listed below, not excluding others, are designed to fairly and impartially regulate an employee's actions. It is not possible to draft rules of conduct so that every potential inappropriate action is met with a specific rule. An employee will not be immune to disciplinary action simply because he/she engages in improper conduct not specifically governed by one of the below-listed rules. Violation of any of the offenses can, depending upon their severity, result in a higher level of discipline, including discharge.
A. 
Any violation of the following rules may result in immediate termination:
(1) 
Stealing: Township property or property of others.
(2) 
Theft of services: use of the Township's time and/or property for personal gain
(3) 
Sleeping on duty.
(4) 
Insubordinate acts resulting in willful damage to or destruction of Township property or removal of property belonging to the Township or an employee.
(5) 
Disobeying a department head's oral or written directive.
(6) 
Failure to report accident or injury to persons or equipment to department head when it occurs.
(7) 
Leaving the job during working hours without permission.
(8) 
Violation of safety rules or taking part in any activity, including fighting, which could create a safety hazard to yourself or others.
(9) 
Possession/consumption of intoxicating beverages, nonprescribed drugs, or related illegal controlled substances or paraphernalia on Township property or in Township-owned vehicle.
(10) 
Reporting for duty under the influence of intoxicating beverages, nonprescribed drugs, or related illegal controlled substances.
(11) 
Possession of firearms or other deadly weapons or dangerous substances on Township property, except for fully authorized employees.
(12) 
Upon conviction of a felony.
(13) 
Providing entrance or access to Township facilities or property to unauthorized persons.
(14) 
Release of information to unauthorized persons without proper approval.
(15) 
Falsifying Township records, reports, documents, correspondence or employment records.
(16) 
Providing false information to department head or management.
(17) 
Making false claims of occupational injury, illness or disability.
(18) 
Failure to report for duty for three consecutive days, which failure is unexcused by the Township Manager (abandonment of position).
(19) 
Abuse of sick leave.
(20) 
Willfully ignoring or disposing of official notifications or demands from governmental agencies.
(21) 
Offering or taking a bribe or failure to report an offer of a bribe of any kind in connection with work.
(22) 
Sexual harassment as defined in § A146-17 of the Code of the Township of Pine. Conduct in violation of this policy may result in disciplinary action up to and including discharge.
(23) 
Any conviction of violation of the Pennsylvania Public Official and Employee Ethics Act.
B. 
Any violation of the following rules or combination of rules may result in progressive discipline: reprimand - suspension - discharge, based upon the severity of the violation:
(1) 
Leaving an assigned work area without authorization or a valid reason.
(2) 
On-call employees. Failure to report for duty when called within one hour when on-call.
(3) 
A demonstrated pattern of inefficiency in the performance of job assignments.
(4) 
Failure to follow Township management policies or directives.
(5) 
Failure to use safety equipment furnished by the Township or to comply with reasonable rules or standards.
(6) 
Violation of the "chain of command" contained within § A146-15 of the Code of the Township of Pine.
(7) 
Unauthorized or improper use or care of Township property and equipment.
(8) 
Smoking in designated nonsmoking areas.
(9) 
Any act of negligence which results in a failure to complete assigned tasks or responsibilities in a timely, safe, and/or satisfactory manner.
(10) 
Insubordination of any nature or type other than specified under Subsection A(4) of this section, including harassment, use of profane, obscene, insulting words or gestures toward the public or any Township employee or poor work-related attitude.
(11) 
Horseplay or disorderly conduct.
(12) 
Unauthorized selling, soliciting, canvassing or gambling on Township premises.
(13) 
Repeated tardiness or absenteeism without a valid reason which is deemed satisfactory and reasonable by the Township Manager.
(14) 
Failure to properly notify the department head or Township Manager when absent from work or to give satisfactory reason for absence from work, which reason is deemed acceptable by the Township Manager.
(15) 
Poor work-related attitude.
(16) 
Acceptance of any gift, gratuity or other form of compensation of any value whatsoever by an employee which results from the performance of any duties/responsibilities associated with employment by the Township.
(17) 
Any violation of the ethical requirements applicable to employees as contained in Article VII of Chapter 2 (Administration of Government) of the Code of the Township of Pine.
C. 
Charges of criminal conduct.
(1) 
When an employee is formally charged with criminal conduct which is job-related and/or affects the public's trust and confidence in the employee and/or Township government, the Township Manager will immediately render a preliminary determination to either:
(a) 
Allow the employee to continue to perform duties pending the outcome of the departmental investigation and final administrative determination; or
(b) 
Reassign the employee to other, less-sensitive duties pending the outcome of the departmental investigation and final administrative determination; or
(c) 
Suspend the employee without pay pending the outcome of the departmental investigation and final administrative determination.
(2) 
In making the preliminary determination, the following factors will be considered.
(a) 
The nature, weight, basis, and source of the criminal charges against him or her;
(b) 
The employee's explanation, if available;
(c) 
The extent to which the criminal charges, alleged conduct and surrounding circumstances may affect the public's trust and confidence in the employee, and in the Township government;
(d) 
The extent to which the criminal charges, alleged conduct and surrounding circumstances may affect the employee's ability to carry out his/her duties and responsibilities effectively.
(3) 
Following the preliminary determination, the Township Manager will conduct a more comprehensive investigation within 10 business days to determine what, if any, disciplinary action is appropriate. Although this investigation will be more thorough than the preliminary determination, it will not be intended to establish the employee's guilt or innocence of the formal criminal charge but used to determine the appropriate disciplinary action. Any disciplinary action taken will take into account the same factors used in making the preliminary determination (and others permitted by the Code of the Township of Pine), and will not be dependent upon the legal outcome of the criminal charges.
D. 
The specified work rules contained in this § A146-16 are established to set forth the most obvious and the most standard of personnel work-related violations; however, work habits or an act that is not consistent with management's expectations will be addressed by management's inherent right to operate an efficient operation through discipline up to and including termination of employment.

§ A146-18 Sexual harassment.

A. 
The Township prohibits sexual harassment of employees in any form. "Sexual harassment" is defined in Equal Economic Opportunity Commission guidelines as follows: "Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment."
B. 
Any employee who believes he/she has been a victim of sexual harassment should report the circumstances forming the basis of the belief directly with the Township Manager or the Chairman of the Board of Supervisors.
C. 
The Township Manager or the Chairman of the Board of Supervisors will thoroughly and confidentially investigate every report of sexual harassment.
D. 
The Township Manager or the Chairman of the Board of Supervisors will discuss with the employee the steps to be taken to prevent further sexual harassment.
E. 
Conduct in violation of this policy may result in disciplinary action up to and including discharge.

§ A146-19 Access to personnel files.

A. 
The Township maintains a personnel file on every employee. Reasonable access to personnel files will be provided to employees. An employee who wishes to review his/her personnel file should make such a request in writing. Normally, access to the personnel file will be given the next workday following the written request for access. Generally, personnel file review will take place either before the start of the working day or after the conclusion of the working day.
B. 
It is the policy of the Township not to place any criticism of an employee or disciplinary references in the employee's personnel file without providing to the employee notice that this is occurring. An employee who wishes to make a short written statement regarding or rebutting such criticism will be permitted to do so, and such a statement will be maintained in the personnel file so long as the criticism to which it relates is also maintained.
C. 
Department heads have, as needed, access to personnel files. However, even department heads will not be given access to personnel files without first a legitimate basis relating to his/her supervisory duties.
D. 
Personnel files shall be maintained in the office of the Township Manager or Assistant Manager in a secured location.
E. 
Persons not associated with the Township who seek access to an employee's personnel file will be denied that access unless they have written permission from the employee to look at his personnel file or unless they have a subpoena or court order authorizing them to review an employee's personnel file.

§ A146-20 Disputing discipline.

A. 
Grievance procedure.
(1) 
A grievance may concern any dispute an employee has over the interpretation, application or claimed violation of Township employee policies, rules or practices and may be settled by the grievance procedure.
(2) 
The grievance procedure is employee initiated. Once initiated, the procedure shall be followed by the Township until it reaches its natural culmination or until the aggrieved employee fails to comply with its provisions.
B. 
No employee shall be disciplined or discriminated against because he or she submits a grievance.
C. 
Step One.
(1) 
An aggrieved employee must initiate a grievance by presenting a written statement to his/her department head within five working days of the precipitating incident or disciplinary action. The grievance shall include:
(a) 
The name of the aggrieved employee and the department in which he/she works.
(b) 
A brief description of the action being grieved, including exact dates and times, as well as names of all persons involved.
(c) 
The corrective action requested by the aggrieved employee.
(2) 
The department head shall, within five working days, meet and discuss the grievance with the employee. The department head shall then reply in writing to the grievance within three working days.
D. 
Step Two. In the event that the grievance is not settled at Step One, the employee must appeal by presenting the written grievance to the Township Manager within five working days after the department head's response is received. The Township Manager may meet with the grievant and/or department head within five working days after receipt of the written grievance in an attempt to resolve it. The Township Manager shall respond in writing within five working days of receipt of the written grievance or the holding of the meeting, whichever is later.
E. 
Step Three. In the event that the grievance is not settled at Step Two, the employee must appeal by presenting the written grievance to the Chairman of the Board of Supervisors within five working days after the Township Manager's response is due. The Chairman may, in his\her discretion, convene a meet and discuss session requiring the presence of the employee, department head and the Township Manager within five working days of receipt of the grievance. If the Chairman desires to hold a meet and discuss session, he shall respond in writing to the grievance within three working days of holding such a session. If the Chairman desires not to hold a meet and discuss session, he shall respond in writing to the grievance within five working days of receipt thereof. All decisions made at the third step of the grievance procedure shall be deemed final. Nothing shall prevent the employee from appealing the Chairman's decision to the Pennsylvania Human Relations Commission, Equal Economic Opportunity Commission or any court of competent jurisdiction.
F. 
By mutual agreement the employee and management may waive or extend the procedure's time requirements.
G. 
Either the employee or management may request an extension of the procedure time requirements. Such requests shall be granted in cases of demonstrated hardship or inconvenience.

§ A146-21 Outside employment.

A. 
All regular, full-time employees of the Township are required to obtain the prior permission from the Township Manager before they engage in work for other employers or in self-employment. It is expected that full-time Township employees will view their Township employment as their primary employment.
B. 
The Township requires that employees receive prior authorization for outside employment for a number of reasons:
(1) 
It is important to the Township that employees be able to report to work reasonably well-rested and alert. This enhances work safety and work efficiency.
(2) 
It is important to the Township that employees not engage in certain kinds of outside employment which would tend to bring the Township and its departments into disrepute.
(3) 
It is important to the Township that it understands with reasonable certainty the availability of its personnel for work outside normal working hours.
C. 
The request for authorization to engage in outside employment should be made, in writing, to the Township Manager.

§ A146-22 Drug and alcohol policy for Township employees.

[Added 4-8-1997 by Ord. No. 248; amended 5-20-2002 by Ord. No. 303]
A. 
It is the goal of the Township of Pine to promote and to maintain a drug- and alcohol-free workplace, to provide a safe work environment, to keep and maintain a healthy, effective work force, to reduce the probability of accidents, incidents, and problems related to the use or abuse of alcohol and drugs by its employees and to promote and ensure the safety of the public highways by conforming with federal regulations. It is the policy of the Township of Pine that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is strictly prohibited in the workplace. The North Hills Council of Governments' Model Drug Abuse Policy and its Alcohol Misuse Policy and the provisions of both its Alcohol Misuse and Anti-Drug Plans have been determined by the Township of Pine to be of assistance to it in achieving such goals, implementing such policies, and complying with applicable federal regulations by providing statements of policy and appropriate procedures regarding the hiring, testing, deterrence, rehabilitation, and discipline of the Township's employees as related to the use of drugs and alcohol.
B. 
The North Hills Council of Governments' Model Drug Abuse Policy and its Alcohol Misuse Policy (both dated July 1, 2000) and the provisions of both its Alcohol Misuse Plan (consisting of Plan Summary, Table of Contents, Sections I through XIV, and Appendices A through G) and Anti-Drug Plan (consisting of Plan Summary, Table of Contents, Sections I through XV and Appendices A through J) are hereby adopted by the Township of Pine and made applicable to all of its employees (including both those with and those without commercial driver's licenses) except as specifically noted below. The provisions of such policies and plans are hereby incorporated by reference in this section with the same effect as if they had been set out verbatim in this section, and copies of such policies and plans shall be filed with the minutes of the meeting at which it was adopted by the Board of Supervisors. Copies of such policies and plans shall be at all times kept on file in the office of the Township's Manager and shall be available for inspection by employees of the Township and the public at-large during the Township's regular business office hours.
C. 
Those provisions of both the North Hills Council of Governments' Model Drug Abuse Policy and its Alcohol Misuse Policy and those of its Alcohol Misuse Plan and its Anti-Drug Plan relating to random testing of employees shall be applicable only to those employees of the Township with commercial driver's licenses and such random testing procedures shall not be applicable to the other employees of the Township.