The Township shall take no disciplinary action against an employee without just cause. The following criteria shall be used to determine whether just cause exists:
The employee shall have had prior knowledge or warning of the possible consequences of the action for which discipline is being considered.
Work rules shall be reasonably related to the orderly, efficient, and safe operation of Township business if violation of the rules is to be reason for disciplinary action.
The Township shall make a reasonable effort to discover whether a rule has been violated before taking disciplinary action.
The investigation of alleged rule infractions should be carried out in a fair and objective manner.
Disciplinary action shall not be taken without substantial proof that employee committed the infraction.
Disciplinary actions and penalties will be applied consistently and fairly.
The degree of discipline imposed will be reasonably related to the seriousness of the offense and the employee's previous record.
The type of discipline shall normally be limited to the following actions; oral and written reprimands; suspensions without pay; demotions; and dismissals. Suspensions, demotions, and dismissals will require the approval of the Township Supervisors and shall be imposed only after the employee has been given the opportunity to have a fair and impartial hearing before the Board of Supervisors. Department heads may issue oral or written reprimands.
It shall be the Township Supervisors' role to administer the least severe form of discipline deemed necessary to correct the improper behavior. This means that a dismissal shall only be used in cases where there is little likelihood that the employee will be willing or able to perform in a satisfactory manner again, or where the employee's action have been so disgraceful that continued employment would cause a loss of confidence in the withholding of pay is necessary to impress upon the employee the seriousness of his actions. Demotions shall only be used where an employee's actions or lack of ability render him unable to effectively perform his normal duties, but where other work is available which he can perform. Oral and written reprimands shall be used to correct cases such as carelessness, poor judgment, inefficiency, or other instances where an instruction or reminder can reasonably be expected to improve performance or stop the improper behavior.
Records of disciplinary actions shall be kept in the employee's personnel file. The employee shall be provided with a copy of all such records. Reprimands shall be removed from the file and destroyed after two years if, in the opinion of the person issuing the reprimand, it has served its purpose.
To ensure a safe and efficient work environment, Bear Creek Township expects its employees to follow these commonly accepted rules of conduct. The following examples of inappropriate conduct in the workplace constitute the type of action that will not be tolerated nor condoned by fellow employees or the Township:
Repeated late arrival.
Insubordination to Township Supervisors or to managers or to the foreman.
Willful violation of Township, commonwealth or federal laws.
Willful violation of Township administrative policies and/or procedure.
Conviction of a felony, including convictions based on a plea of no contest or of a misdemeanor involving moral turpitude, the nature of which reflects the possibility of serious consequences related to the continued assignment or employment of an employee.
Knowingly falsifying, removing or destroying information related to employment, payroll or work-related records or reports.
Discourteous treatment of the public or other employees, including harassing, coercing, threatening, intimidating or retaliating against others.
Conduct that interferes with the management of the Township's operations.
Failure to carry out a direct order of a Supervisor or manager or foreman, except where the employee's safety or the safety of other individuals is jeopardized by the order.
Threatening or utilizing violence or physical altercations.
Any act of discrimination (including, but not limited to sexual, racial, age, race, handicap, religious or political affiliation).
Intoxication or incapacity due to alcohol or other medical or controlled substance.