A.
The purpose of this Part 9 is to establish a system of personnel administration in accordance with § C-605 of the Home Rule Charter. In the establishment and implementation of the system of personnel administration provided for by this Part 9, Haverford Township shall be guided by the following principles:
(1)
Employment in the Township service shall be based entirely on merit
and personal fitness and shall be free of personal, religious, racial
and political consideration.
(2)
The Township's system of personnel administration shall be uniformly,
equitably and fairly administered to the end that high employee morale
is maintained, the deserving employee's career in the Township's service
is enhanced, the unfit employee is not maintained in the Township's
service and that the interests and rights of the public and the Township
are properly preserved and protected.
(3)
Positions having similar duties and responsibilities shall be classified
and compensated on a uniform basis.
(4)
Appointments and other actions requiring the application of the merit
principle shall be based on systematic evaluations, experience and
education whenever and wherever each is judged to be in the best interest
of the Township.
(5)
High morale shall be maintained by fair administration of the personnel
system and by every consideration of the rights and interests of employees
consistent with the best interests of the public and of the Township.
(6)
Tenure of employees covered by this system shall be subject to good
behavior, satisfactory performance of work, necessity for the performance
of work and the availability of funds.
(7)
Just and equitable incentives and conditions of employment shall
be established and maintained to promote efficiency and economy in
the operation of the Township government.
B.
The provisions of this Part 9 shall apply to personnel of the Police Department to the extent that there are no conflicts or inconsistencies between the provisions of this Part 9 and the provisions of § 4-427 of this Administrative Code or the provisions of any negotiated and approved employment contract relating to personnel of the Police Department. The provisions of this Part 9 shall otherwise apply to all employees in the competitive service of Haverford Township unless specifically designated otherwise.
C.
APPOINTING AUTHORITY
PERSONNEL RULES AND REGULATIONS
Definitions. As used in this Part 9, the following terms shall have
the meanings indicated:
A department head with respect to his particular department
or subdivision thereof and/or the Township Manager.
A.
There shall be an exempt service and a competitive service of employees.
The competitive service shall be composed of all positions in the
Township service now existing or hereby established, except the following,
which shall be in the exempt service:
(1)
All elected officials and members of boards, commissions and authorities.
(2)
The Township Manager, the Township Solicitor, the Zoning Board Solicitor,
Township Engineer and department heads.
(3)
Consultants and others rendering temporary professional services.
(4)
Student, emergency, provisional, part-time and temporary appointments.
B.
The competitive service 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 Part
9, the Board of Commissioners shall determine whether the position
shall be placed in the competitive service or the exempt service.
A.
The personnel system established by this Part 9 shall be administered
by the Director of the Department of Human Resources under the direction
of the Township Manager.
B.
The Director of the Department of Human Resources shall prepare the
Haverford Township personnel rules and regulations and recommend revisions
thereto. The personnel rules and regulations shall be prepared in
accordance with the provisions of this Part 9 and shall be adopted,
through resolution, by the Board of Commissioners.
C.
Special personnel rules and rules of conduct may be established for
a department and/or a subdivision of a department. Such rules shall
be made part of the Haverford Township personnel rules and regulations.
D.
An official copy of the Haverford Township personnel rules and regulations
shall be maintained in current, accurate form in the office of the
Director of the Department of Human Resources. The official copy of
the rules and regulations shall be endorsed with the date of adoption
and attesting signature of the Township Manager. All revisions of
the rules and regulations shall be similarly endorsed. The rules and
regulations shall be open to public inspection, under reasonable conditions,
during the course of normal business hours.
E.
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.
A.
A classification plan shall consist of:
(1)
A grouping, in classes, of positions which are approximately equal
in difficulty and responsibility, which call for the same general
qualifications and which can be equitably compensated within the same
range of pay under similar working conditions.
(2)
Classification, descriptive of the work of the class, which identifies
the class.
(3)
Written specifications for each class of positions, which shall be
descriptive and explanatory of the kind of work performed, and not
necessarily inclusive of all duties performed.
(4)
An allocation list showing the class title of each position in the
Township as identified by the name of the incumbent employee.
B.
All positions in Haverford Township shall be classified according
to the classification plan as herein stipulated.
C.
No person shall be appointed to or employed in any position under
any title which has not been approved in the classification plan adopted.
D.
The classification plan may be revised from time to time as changing
conditions require upon the recommendation of the Township Manager
with the approval of the Board of Commissioners. Said revision may
include but not be limited to the addition, abolition, consolidation,
division and/or revision of the existing classes.
E.
The Director of the Department of Human Resources shall be charged
with the maintenance of the classification plan so that it will reflect
the duties performed by each employee and the class to which each
position is allocated. It is his duty to examine the nature of the
positions as they are created and to allocate them to the existing
class or to create new classes in conformity with the personnel provisions
of this Part 9, to make such changes in the classification plan as
are made necessary by changes in the duties and responsibilities of
existing positions and periodically to review the entire classification
plan and recommend appropriate changes in allocations or in the classification
plan.
F.
Whenever a new position is established or duties of an old position
change, department heads shall submit, in writing, a comprehensive
job description describing in detail the duties of such a position.
The Township Manager and the Director of the Department of Human Resources
shall thereupon investigate the actual or suggested duties and recommend
the appropriate class allocation or the establishment of a new class.
The Township Manager then shall submit it to the Board of Commissioners
for its approval.
A.
A pay plan shall be made part of the personnel rules and regulations.
The pay plan shall consist of:
(1)
A schedule of pay grades representing a minimum, average and maximum
rate of pay for each position classification.
(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.
B.
The Director of the Department of Human Resources shall, from time
to time, make comparative studies of all factors affecting the level
of salary and wage rates and shall recommend such changes in the pay
plan as appear to be warranted.
A.
After the provisions of this Part 9 become effective, applicants
for appointment to the Township service need not be residents of the
Township at the time of appointment, but as soon as possible thereafter
and within one year after completing their probationary period and
gaining permanent status, they shall become and during their tenure
remain residents of the Township unless otherwise specifically authorized
by the Board of Commissioners. This provision shall apply to all those
positions in the competitive service and the exempt service as defined
in this Part 9. Residency shall be as defined in the personnel rules
and regulations.
B.
A selected 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 at Township expense.
C.
All original appointments and promotional selections pertaining to
positions in the competitive service made after the provisions of
this Part 9 become effective shall be based on merit as determined
by competitive examination.
D.
Application for Township employment shall be made in the manner prescribed
by the Director of the Department of Human Resources. Information
may be required of the applicant as is 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 in the Township Building and in such other
places as the Director of the Department of Human Resources deems
advisable. The announcements shall specify, at the minimum, the title
and salary range of the class for which the examination is announced;
and the time, place, manner of making application and qualification
requirements.
F.
Candidates meeting the qualifications for original appointment or
promotion to positions in the competitive service, as shall be prescribed
by the Director of the Department of Human Resources, shall be placed
on an eligible list for the appropriate job class for which they were
examined. Placement on an eligible list shall be in rank order from
highest to lowest as determined by the final rating obtained in the
competitive examination.
G.
Original appointments to and promotions within the competitive class
shall be from eligible lists. Whenever a sufficient number of qualified
candidates allows, the appropriate appointing authority shall make
original appointments and promotional selections from the first three
candidates on the eligible list. Eligible lists and the names appearing
thereon shall remain in effect for a period of two years, except that
any list that has less than three names shall be abolished at any
time at the discretion of the Township Manager.
H.
The provisions of this section shall apply to all those positions
in the competitive service except the following:
(1)
Those positions classified as professional by virtue of requiring
specialized training and experience. In the instance of those positions
falling within this classification, merit selection may refer to a
nonquantitative evaluation of training and experience and any other
such evaluative measures reflective of the requirements of the position
as determined by the appropriate appointing authority.
(2)
Those positions classified as laborer by virtue of the routine character
and unskilled nature of the duties of the position. The appropriate
appointing authority, in consultation with the Director of the Department
of Human Resources, 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 of the particular position.
(3)
Those positions subject to the rules and regulations governing the
appointment of those individuals hired in accordance with intergovernmental
programs and policies.
A.
Examinations held to establish a list of eligibles shall consist
of one or more of the following parts, as determined by the Director
of the Department of Human Resources:
(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 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 personal qualifications are to be determined.
An oral test may also be used in examinations where the written test
is unnecessary or impractical.
(3)
Performance test. This part, when required, shall include such tests
as performance of a trade or occupation as will determine the ability
and manual skills of applicants to perform the work involved.
(4)
Physical tests. This part, when required, shall consist of tests
of bodily condition, muscular strength, ability and physical fitness
of the applicants. Such tests may include the examination of the applicant
by a medical doctor selected by the Township. Unless such physician
shall certify that the applicant can perform all the duties and can
perform any duties of the job applied for without harm or injury to
himself, then such employee may not be certified as eligible.
(5)
Training and experience. This part, when required, shall be evaluated
from the statements of education and experience contained in the application
form or from such supplementary data as may be required.
(6)
Any other tests deemed necessary.
B.
The tests in such examinations shall fairly appraise and determine
the merit, qualifications, fitness and ability of competitors. Such
tests shall be practical in character and shall 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 of positions to
which they seek to be appointed or promoted.
C.
In any examination where there is more than one ranking part, the
Director of the Department of Human Resources shall determine the
weight to be assigned to each part. The weight shall be stated as
or equated to a percentage, so that the total of the weights for all
ranking parts shall equal 100%. In all examinations, the minimum rating
by which eligibility may be achieved shall be established by the Director
of the Department of Human Resources. Each part of the competitive
examination, the weights assigned and the minimum rating required
for any class of positions shall be determined and made available
to all applicants prior to examination.
D.
Written examinations shall be required for original appointment to
the Police Department and for promotions to police officer positions.
The following types of appointments may be made without competitive
examination when circumstances require:
A.
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 12 months.
B.
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.
C.
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 months from the
date of such appointment. The Director of the Department of Human
Resources may approve the extension of a provisional appointment for
additional three-month periods, except that a provisionally appointed
employee may not serve on a provisional basis for more than one year.
D.
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 Director of the Department of Human
Resources, stating the cause of the extra work, the probable length
of employment and the duties which the appointee is to perform.
E.
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.
A.
Vacancies in higher positions in the competitive class should 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 Director of the
Department of Human Resources shall, in each case, determine whether
a competitive examination or a promotional examination will best serve
the interests of the Township service in attracting well-qualified
candidates.
B.
In all promotional examinations, consideration shall be given to
prior service with the Township and performance ratings received as
a result of such service. Such consideration shall be made a part
of the overall promotional evaluation criteria. No employee shall
be eligible for promotion until he has completed his probationary
period.
C.
Promotions, in every case, must involve a definite increase in duties
and responsibilities and shall not be made merely for the purposes
of effecting an increase in compensation.
A.
All employees in the competitive class shall be required to undergo
a probationary period of service upon original appointment or promotion.
Such a probationary period shall not be less than 6 months nor longer
than 12 months, dependent upon the position. The Director of the Department
of Human Resources shall establish a probationary period for each
class of positions in the competitive class.
B.
At such times during the probationary period, in such manner as the
Director of the Department of Human Resources may require, the appropriate
appointing authority shall report to the Director of the Department
of Human Resources its observation of the employee and its judgment
as to the willingness and ability of the employee to perform his duties
satisfactorily and as to his dependability. At any time during his
probationary period, the appointing authority may remove an employee
if, in the opinion of the appointing authority, the probation indicates
that such employee is unable or unwilling to perform his duties satisfactorily
or that his dependability does not merit his continuance in the Township
service or in the position for which the period of probation applies.
Upon such removal, the appointing authority shall give notification,
in writing, to the Township Manager, the Director of the Department
of Human Resources and to the employee so removed as to its action
and the reasons therefor. An employee so removed during a probationary
period resulting from promotion shall have the right to and shall
be returned to the position or classification held immediately prior
to such promotion.
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 services of the employee have been found to be satisfactory
and recommends that the employee be given permanent status in the
position to which he has been appointed or promoted. At least 10 days
prior to the expiration of an employee's probationary period, the
appointing authority shall notify the Director of the Department of
Human Resources and the Township Manager, in writing, as to whether
or not the employee has satisfactorily completed his probationary
period. A copy of such notice shall be given to the employee.
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 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 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, when he 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 employee who
has successfully completed his probationary period and gained permanent
status shall be laid off while another person with nonpermanent status
is employed in the same class.
D.
The criteria used in determining the layoff of employees, in priority
order, shall be as follows:
(1)
Priority of position. Each position will be rated against all other
positions, with the Township's best interests to be used as the criteria.
(2)
Employee's performance evaluation. Each employee's performance will be periodically reviewed and evaluated according to his skills; dedication; absentee record, including lateness; attitude toward other employees and supervisors; cooperativeness; and general work habits as more fully set forth in § 4-915 of this Part 9.
(3)
When the Township determines that it is necessary to lay off employees for lack of work in a department, the layoffs shall be in inverse order of employees' Township seniority (once the guidelines set forth at Subsection D(1) and (2) have been concluded), seniority commencing from the date of an employee's most recent hire by the Township in a bargaining unit position.
(4)
Employees laid off from employment for lack of work shall be placed
on a preferred recall list for a period not to exceed one year. They
shall be recalled to Township employment in the positions and departments
from which they were laid off in order of their Township seniority;
that is, the most recently laid off employee shall be the first recalled.
While on the preferred recall list, employees shall continue to accrue
Township seniority but shall not be entitled to any other benefits
afforded hereunder.
E.
Employees separated from the service through no fault of their own
may be placed on a preferred reemployment list for the class of position
occupied at the time of separation. The order of placement on a preferred
reemployment list shall be based on the employee's performance evaluation
as a result of his prior service with the Township and his length
of service with the Township.
F.
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 an employee who has attained permanent status shall take effect
until the appointing authority gives to such employee a written statement
setting forth the reasons thereof and has followed the procedures
as set forth in this Part 9 and the personnel rules and regulations.
G.
An employee shall be separated from the Township by retirement. Members
of the police force who have reached the age of 55, with 25 years
of service, are eligible for full retirement benefits as provided
by the agreement in effect as of the date of retirement. All other
employees who have reached the age of 60, with at least 25 years of
service or 62, with at least 15 years of service, are eligible for
full retirement benefits as described in the applicable employment
agreement in effect at the date of the employee's retirement. Full
pension benefits include those benefits described in the effective
contract without actuarial reduction for early separation from employment
with the Township. Retirement may be deferred beyond eligibility for
full pension benefits. Such deferral of retirement may continue until
the first day of the month in which the affected employee will reach
the age of 72. Mandatory separation from employment with the Township
is not required for part-time, temporary or contract employees.
A.
An employee may be disciplined for absenteeism, misconduct and/or
incompetency and/or inability to perform the work of the position
satisfactorily. Disciplinary action may take the following forms:
oral warning, written reprimand, suspension, demotion and/or dismissal.
B.
The appointing authority shall have the authority to discipline and/or
dismiss employees of their respective departments in accordance with
the procedures set forth in this Part 9 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 before the effective
date thereof.
A.
Membership. The Personnel Committee shall consist of five members
of the Board of Commissioners, to be appointed each year by the President
of the Board. The Personnel Committee shall elect a Chairman, Vice
Chairman and either elect from its own membership a Secretary or appoint
a Secretary from within the Township administration.
B.
The Personnel Committee shall, in accordance with the provisions
of this Administrative Code, adopt its own rules and regulations governing
its operation.
C.
Function. The function of the Personnel Committee shall be to grant
a hearing to any employee who has been suspended, demoted or dismissed,
upon the written request of said employee, in accordance with the
applicable provisions of law and the ordinances and resolutions of
Haverford Township. In carrying out its function, the Personnel Committee
shall:
(1)
(Reserved)
(2)
(Reserved)
(3)
Make such investigations or inquiries as needed in fulfillment of
its duties. The presiding officer of the Personnel Committee 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 records and papers
pertaining to any investigation or inquiry.
D.
No hearing shall be held unless a quorum of the Personnel Committee
is present, and no action of the Personnel Committee shall be valid
unless concurred in by a majority of the quorum. A quorum shall consist
of a majority of all members of the Personnel Committee.
A.
Definition. A "grievance" shall be defined as any dispute involving
the application or interpretation of the Haverford Township Municipal
Employees Association Collective Bargaining Agreement in effect at
the date of occurrence of the aggrieved matter, including matters
of or discipline that resulted in a suspension or discharge. All grievances
shall be in writing and reference the section of the Township Benefits
and Regulations Handbook alleged to be violated. The election of a
grievant to pursue any such dispute under this procedure shall constitute
a waiver of his/her right to pursue such dispute in any other forum,
and the election of a grievant to pursue any such dispute in any other
forum shall constitute a waiver of his/her right to pursue such dispute
under this procedure. At all steps of the grievance procedure, a member
of the Employees Association will be given the opportunity to attend.
(1)
Within five working days after the occurrence of the event causing
the grievance, it shall be taken up between the employee and his immediate
supervisor. The supervisor shall give the employee a decision on or
before five days following the meeting with the employee. If no satisfactory
disposition of the grievance is reached, then;
(2)
Within five working days after the decision of the supervisor under Subsection A(1) above has been received by the grievant, the grievance shall be reduced to writing and presented by the aggrieved employee to the department head. The department head shall give the employee a decision on or before five days following the meeting with the employee. If no satisfactory disposition of the grievance is reached, then;
(3)
Within five working days after the decision of the department head under Subsection A(2) above has been received by the grievant, the grievance shall be reduced to writing and presented by the aggrieved employee to the Township Manager. The Township Manager shall give the employee a written decision on or before 10 days following the meeting with the employee. If no satisfactory disposition of the grievance is reached, then;
(4)
Within five working days after the decision of the Township Manager under Subsection A(3) above has been received by the grievant, the grievance shall be reduced to writing and presented by the aggrieved employee to the Personnel Committee of the Board of Commissioners. The Personnel Committee of the Board of Commissioners shall give the employee a written decision on or before 30 days following the meeting with the employee. If no satisfactory disposition of the grievance is reached, then;
(5)
Within five working days after the decision is made in Subsection A(4), either side may submit a written request to the other that the dispute be referred to an impartial arbitrator to be appointed by mutual agreement of the parties. If the parties are unable to agree upon an arbitrator within 10 working days after either side has requested arbitration, then, on application of either party, the American Arbitration Association shall be requested to designate the impartial arbitrator. The designation so made shall be final and binding.
B.
In rendering a decision, the arbitrator shall be confined to the
meaning and interpretation of the particular provision of the labor
agreement which gave rise to the grievance as outlined in the employees'
Benefits and Regulations Handbook without limiting past practices.
C.
The arbitrator shall not have the authority to change, amend, modify,
supplement or otherwise alter this labor agreement in any respect
whatsoever and his/her sole function shall be to decide issues on
the basis of facts and proper applications and interpretation of this
labor agreement.
D.
The decision of the arbitrator shall be final and binding on the
parties of the labor agreement, except, however, that no decision
of the arbitrator may be binding upon the employer if the effect of
the decision would be:
(1)
Violative of the laws of the Commonwealth of Pennsylvania;
(2)
Contrary to the express terms of the labor agreement between the
parties thereof; and
(3)
Involve matters of inherent managerial policy, including but not
limited to policy as to the functions and programs of the public employer,
standards of service, its overall budget, utilization of technology
or the organization structure of selection and direction of personnel.
E.
The costs of the arbitration shall be shared equally by the Township
and the Employees Association.
F.
The parties agree that the provisions of this section shall constitute
the only method for addressing employee grievances. Individual employees
are encouraged to discuss alleged grievances informally with their
supervisors in an effort to amicably resolve differences prior to
the institution of formal procedures. However, employees who circumvent
the grievance procedure by engaging work shutdowns or stoppages shall
be subject to immediate discipline, including discharge.
G.
If a grievance is not appealed within the time limits herein before
set forth, the grievance shall be deemed to be settled on the basis
of the decision last made and shall not be eligible for further discussions
or appeal. If a decision is not rendered with the time limits set
forth, then the grievance shall be deemed to be denied, and the grievance
may be appealed to the next step if within the time limits established
for each appeal.
A.
The Director of the Department of Human Resources shall establish
a system and a set of standards through which the work performance
of employees may be reviewed and rated at least once each year. This
evaluation shall, at the minimum, concern itself with the individual
employee's ability to perform assigned tasks, the amount of supervision
required, work habits, attendance and attitude.
B.
The performance evaluation shall be made by the immediate supervisor
of each employee and shall be approved by the appropriate department
head.
C.
The results of the employee performance evaluation shall 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.
A.
All appointments, separations and other personnel transactions must
be made on forms as prescribed by the Director of the Department of
Human Resources.
B.
The Director of the Department of Human Resources shall maintain
a personnel file for each employee, containing materials, correspondence
and records pertaining to the employee and his employment. Employees
shall be allowed to review their personnel records upon their request.
The Director of the Department of Human Resources shall prescribe
in the personnel rules and regulations provisions pertaining to the
attendance, work hours, sick and vacation leave and holidays and overtime
and the compensation for same for those employees in the Township
service.
