Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents
GENERAL REFERENCES
Personnel system — See Charter, Art. VI.
Code of Ethics — See Charter, Art. XI.
Holding elected or appointed office prohibited — See Charter, Art. XII.
[Ord. No. 154, passed 8-7-1986]
The general purpose of this chapter is to establish a system of personnel administration that meets the social, economic and program needs of the people of Upper Providence Township. This system shall provide means to recruit, select and maintain an effective and responsible work force and shall include policies and procedures for employee hiring, job classification, wages, administration, employee benefits, discipline, discharge and other related activities. All appointments and promotions in Upper Providence Township service shall be made without regard to sex, race, national origin or religion and shall be based upon qualifications.
[Ord. No. 154, passed 8-7-1986]
This chapter shall apply only to uniformed employees of the Township, the same being the members of the Upper Providence Township Police Department.
[Ord. No. 251, passed 10-14-1993; Ord. No. 380, passed 6-24-2004]
Township Council shall be responsible for the administration of this chapter.
[Ord. No. 154, passed 8-7-1986; Ord. No. 251, passed 10-14-1993]
As used in this chapter, the masculine shall be construed to include the feminine, and the neuter shall be construed to include the masculine and the feminine. In addition:
(a) 
BASE WAGE RATE — Means the regular hourly or weekly salary without consideration of overtime, night differential or other multipliers, as apportioned for the applicable time period.
(b) 
CASUAL EMPLOYEE — Means an employee who does not mark a regular schedule but is called in on an as-needed basis.
(c) 
CHAIRPERSON — Means the Chairperson of the Public Safety Committee.
(d) 
CHARTER — Means the Upper Providence Township Home Rule Charter, as amended.
(e) 
COMPLAINT — Means a request by an employee made in accordance with this chapter for review concerning the interpretation or application of the terms of the Charter, township ordinances or departmental rules affecting an individual employee where the employee has not been disciplined or where the actual or recommended discipline does not rise to the level of a grievance as herein defined.
(f) 
COUNCIL — Means the Township Council as elected under the Upper Providence Township Home Rule Charter.
(g) 
DEMOTION — Means the movement of an employee to a lower position having a lower pay range which results in a decrease in compensation.
(h) 
DEPARTMENT HEAD — Means the Chief of Police.
(i) 
DEPARTMENTAL RULES — Means rules of work, conduct, safety and dress which an employee has been instructed by the department head to follow.
(j) 
FULL-TIME EMPLOYEE — Means an employee who has completed the designated probationary period and who occupies a position requiring employment for 40 hours or more per week on a regular schedule through the year.
(k) 
GRIEVANCE — Means a request by an employee made in accordance with this chapter for review concerning the interpretation or application of the terms of the Charter, Township ordinances or departmental rules affecting an individual employee where the employee has been demoted, suspended or discharged or where the employee has been notified by his or her department head, in writing, that the Council has received a recommendation by the department head or the Chairperson that the employee be demoted, suspended or discharged.
(l) 
PART-TIME EMPLOYEE — Means an employee who has completed the designated probationary period and who occupies a position requiring employment for less than 40 hours per week on a regular schedule throughout the year.
(m) 
PAY RANGE — Means the minimum and maximum pay rates established by the Council for each grade and in-step grade.
(n) 
PROMOTION — Means the movement of an employee to a position with a higher pay range on a permanent basis.
(o) 
SUPERVISOR — Means the department head and the employee(s) designated by the department head to supervise another employee(s).
(p) 
TOWNSHIP — Means Upper Providence Township.
(q) 
TRANSFER — Means the movement of an employee to either a different department or work group within the same pay range.
[Ord. No. 154, passed 8-7-1986; Ord. No. 203, passed 2-8-1990; Ord. No. 251, passed 10-14-1993; Ord. No. 380, passed 6-24-2004]
(a) 
General. No person, other than an interim appointee, shall be placed upon the payroll of the Township unless the Council has authorized, by resolution, the filling of a vacancy and the person chosen has been selected according to the procedures of this chapter.
(b) 
Vacancy announcement. A position vacancy in the Police Department shall be announced by Township Council at a public meeting. Notice shall be posted on all Township bulletin boards and advertised in any other mariner Township Council may deem advisable. The notice shall specify the title, pay range, nature of work, qualifications, hours, conditions, manner of making application and closing date for applications as well as other pertinent information.
(c) 
Selection. Selection may be based upon one or more of the following selection measures: education, training, experience, health, test results, references and any other criteria not prohibited by statute or common law, within the sole discretion of the Council. Township Council may, from time to time, by Resolution, establish criteria for the selection of a person to fill a vacancy.
(d) 
Interim appointees. The Chairperson may make such interim appointments as are necessary in the best interest of the Township. Interim appointees shall not be for a period in excess of 90 days.
(e) 
Physical examination. Every new full-time or eligible part-time employee shall be required to have a physical examination prior to the starting date of employment. The Township will arrange the examination which may include, but not be limited to, urine drug screening as well as physical endurance testing. Township Council may require other examinations as it determines necessary to assure that the applicant is qualified for the position.
[Ord. No. 154, passed 8-7-1986; Ord. No. 251, passed 10-14-1993]
(a) 
General. The probationary or working test period shall be regarded as an integral part of the selection process and shall be utilized by the department head and the supervisors for closely observing the employees' work performance. Any employee whose work performance does not meet the required work standards, in the opinion of the Chairperson, during the probationary period, shall be dismissed.
(b) 
Probationary period. Every full-time employee shall be required to successfully complete a working test during the probationary period of 12 months from the date of hire. The working test shall be a demonstration by the employee that he or she is physically and mentally able to perform all duties required of him or her; he or she does perform all duties required by the position; and that he or she has adhered to all requirements of this chapter and departmental rules and has not been guilty of a disciplinary infraction.
(c) 
Evaluation of performance. The employee's supervisor shall be required to prepare a report giving an appraisal of the employee's work quality, quantity, willingness, ability, work habits, physical ability, adaptability, attendance, cooperativeness, promptness and such other factors as may be required in the performance of his or her duties.
(1) 
The report shall be submitted in writing to the department head, who, in turn, shall add his or her appraisal and recommendations and submit the report to the Chairperson.
(2) 
The report shall be prepared and submitted to the Chairperson two weeks prior to the end of each two-month anniversary of the employment date during the probationary period of employment.
(d) 
Dismissal. At any time during the probationary period, the Chairperson or Council may dismiss a probationary employee if, in the opinion of the Chairperson, the employee has not successfully completed the working test. A probationary employee who is dismissed shall not have the right to a hearing before the Council under any other section of this chapter. The decision of the Chairperson is final.
(e) 
Dismissal of casual employee. A casual employee may be dismissed at any time by the Chairperson or Council with or without cause. A dismissed casual employee shall not have a right to a hearing under this chapter.
[Ord. No. 154, passed 8-7-1986]
The Council shall establish job titles, job descriptions, pay ranges and compensation by resolution.
[Ord. No. 154, passed 8-7-1986; Ord. No. 251, passed 10-14-1993]
(a) 
Performance review. The supervisor of each employee shall prepare an annual review of the employee's performance with an evaluation of the employee's work quality, quantity, attitude, willingness, ability, work habits, adaptability, cooperativeness, promptness, attendance and such other factors as may be required in the performance of his or her duties.
(b) 
Pay rates. The performance review shall be the basis for determining pay rates for the position and for determining promotion or demotion to a different position or dismissal.
(c) 
Personnel file. A personnel file shall be maintained for each employee by the Chairperson and/or the Township Secretary. The file shall contain the employee's application, work performance reviews, history of pay rates, disciplinary records and such other information as the employee's supervisor or the Chairperson deems appropriate. Each employee may make a supervised inspection of his or her personnel file by appointment during regular business hours when the inspection does not interfere with the discharge of the employee's duties.
(d) 
Departmental rules. A department head may establish additional rules of work and conduct for use in his or her department and for the department's employees, which rules are not inconsistent with this chapter, the Charter and the management policies established by the Council and the Chairperson. The use of general orders for this purpose is expressly authorized.
[Ord. No. 154, passed 8-7-1986]
Collective bargaining agreements and arbitration awards shall govern such terms of compensation, sick leave policy, vacation policy and other terms of employment as are set forth therein. In the event that there is a conflict between this chapter and the collective bargaining agreement or arbitration award, the collective bargaining agreement or arbitration award shall control. All police officers who are not members of the collective bargaining unit shall receive such compensation and be subject to such terms of employment as shall be agreed upon between them and the Township and as the law shall otherwise require. In the event that the collective bargaining agreement or arbitration award does not address an issue of compensation, sick leave policy, vacation policy or other terms of employment, the Council may act to set such terms of employment by motion or resolution.
[Ord. No. 154, passed 8-7-1986; Ord. No. 251, passed 10-14-1993]
Employee responsibilities shall be to:
(a) 
Perform assigned duties to the satisfaction of the supervisor, the department head and the Chairperson.
(b) 
Render prompt and courteous service to the public at all times.
(c) 
Read, understand and comply with the rules and regulations set forth in this chapter as well as those of the assigned department.
(d) 
Report all unsafe conditions observed in the Township and all work-related injuries observed or experienced as soon as possible to the supervisor and department head.
(e) 
Recommend ideas for improving efficiency and/or service in the Township.
[Ord. No. 154, passed 8-7-1986; Ord. No. 251, passed 10-14-1993]
(a) 
Authority to discipline.
(1) 
Within the limitations set forth in the laws, statutes, ordinances or rules of the United States of America, the Commonwealth of Pennsylvania and the Township of Upper Providence limiting or providing discipline action for employees, disciplinary authority and responsibility rests with the department head. Except for oral reprimands and emergency suspensions, departmental discipline must be taken or approved through the department head. All supervisors may make oral reprimands or emergency suspensions only as permitted herein.
(2) 
All charges, findings and disciplinary actions not involving a suspension, demotion or dismissal will be handled internally by the department head. Where the offense is of such a nature that the department head recommends a suspension, demotion or dismissal, the department head shall prepare the reports and charges and recommended punishment to be forwarded to the Council for hearing and adjudication.
(b) 
Persons subject to discipline. Any employee who commits an offense punishable under the laws, statutes, ordinances or rules of the United States of America, the Commonwealth of Pennsylvania and the Township of Upper Providence, or who violates any provision of the respective employee's departmental manual or any departmental rule, is subject to disciplinary action.
(c) 
Penalties. The following penalties may be assessed against any employee as disciplinary action:
(1) 
Oral reprimand.
(2) 
Written reprimand.
(3) 
Emergency suspension.
(4) 
Suspension.
(5) 
Demotion.
(6) 
Dismissal.
(d) 
Oral reprimand. An oral reprimand can be issued to any employee by a supervisor. Any supervisor making or issuing an oral reprimand must advise the employee as to why the action is being taken, the facts of the misconduct and a recommendation as to what action the employee should take to prevent a recurrence of the offense. A written notice of the oral reprimand will be filed with the department head and the Chairperson by the supervisor issuing the oral reprimand. This notice shall be kept in the reprimanded employee's personnel record. This written notice shall contain the reasons for the oral reprimand and the recommendations which were made. The notice will be retained for one year from the date of the oral reprimand. The department head and the Chairperson shall regularly review this file and expunge any such written notice against the employee from the employee's personnel file, provided that the employee has not accrued three or more such notices during that one-year period. Any member who receives a third written notice of oral reprimand within the one-year period may receive a written reprimand. The oral reprimands expunged from an employee's personnel file shall be maintained in a separate file for information, but not for disciplinary purposes.
(e) 
Written reprimand.
(1) 
Any supervisor may issue a written reprimand to an employee, subject to the approval of the department head. A written reprimand will contain the following information:
A. 
The name and present assignment of the person charged with a violation.
B. 
The dates and times of the misconduct and the location.
C. 
A complete statement of the facts of the misconduct.
D. 
The written signature of the reporting supervisor and his or her position in relation to the employee being charged, and the affected employee's signature.
(2) 
Any employee who has been issued a written reprimand may make a written response to the written reprimand within seven calendar days of receipt of the written reprimand. This response will be filed along with the written reprimand. All written reprimands and any responses will be permanently filed in the employee's personnel file.
(f) 
Emergency suspensions. A supervisor may temporarily relieve from duty any employee under his or her supervision, for a period of not more than one working day, on the grounds that the person is unfit for duty or when it appears that such action is in the best interest of the department. "Unfit for duty" may include any physical or mental condition which might, in the judgment of the supervisor, render the employee incapable of adequately performing his or her duties. Violations of any statutes, laws, ordinances or departmental rules which may jeopardize the safety of any person or property, or actions which otherwise discredit or embarrass the Township, may evoke such an emergency suspension. The suspending supervisor shall immediately notify the department head of any action taken under this section. The suspending supervisor and the suspended employee must report to the department head at the beginning of the next working day. The department head shall at this time make a decision as to what actions shall be taken. Any supervisor who takes action under this section may be subject to disciplinary action himself or herself if such action is found to be malicious or capricious in nature. A written reprimand may accompany an emergency suspension.
(g) 
Suspension. Suspension shall consist of one or more days off without pay. When it is the recommendation of the department head that a penalty for any violation or offense includes such a period of time off, he or she shall prepare the reports and charges of the violation or offense to be forwarded to the Council. The Council shall hear and adjudicate all charges. Only the Council may suspend an employee, provided that a department head or the Chairperson may suspend an employee, subject to confirmation by the Council, where the department head or the Chairperson determines that an immediate suspension is in the best interest of the Township. The Council may also suspend an employee pending the determination of charges against the employee. In the event that the Council does not uphold the suspension after a hearing, the employee shall be reinstated with full pay for the period during which he or she was suspended. No suspension may exceed a period of one year. A written reprimand shall accompany any suspension. A suspension may accompany a demotion.
(h) 
Demotion. When it is the recommendation of the department head that a penalty for any violation or offense should include a demotion, he or she shall prepare the reports and charges of the violation or offense to be forwarded to the Council. The Council shall hear and adjudicate all charges. Only the Council may demote an employee. A written reprimand shall accompany any demotion. A suspension may accompany any demotion.
(i) 
Dismissal. Dismissal consists of the termination of the employee's employment in the Township. When it is the recommendation of the department head that a penalty for any violation or offense should include a dismissal, he or she shall prepare the reports and charges of the violation or offense to be forwarded to the Council. The Council shall hear and adjudicate all such charges. Only the Council may dismiss an employee. A suspension may precede a dismissal.
(j) 
Right to hearing. An employee who has been demoted, suspended or dismissed, or who has received notice from his or her department head in writing that the Council has received a recommendation from the department head or the Chairperson that the employee be demoted, suspended or dismissed, has the right to demand a public or private hearing before the Council. This demand shall be made to the Council. Such person may make written answers to any charges filed against him or her. The Council shall grant the employee a public or private hearing, as requested by the employee, which shall be held within a period of 10 days from the filing date of the charges in writing, and written answers thereto filed within five days, and such hearing may be continued by the Council for cause or at the request of the charged employee. At any such hearing, the employee against whom the charges are made may be present in person and represented by counsel. A written report of all testimony taken at such hearings shall be filed with and preserved by the Council, which record shall be sealed and not available for public inspection in the event that the charges are dismissed. There is no right to a hearing on a complaint as defined herein.
(k) 
Reckoning period. Each finding of an offense, other than demotion or dismissal, shall have a reckoning period. A reckoning period shall be measured from the date of the offense. A reckoning period shall be that period of time in which a record of the offense and disciplinary action is placed in an employee's personnel file. The record of the offense and disciplinary action shall be removed from the employee's personnel file if, and only if, the employee does not commit another offense within the reckoning period. If the employee commits a subsequent offense within a prior offense's reckoning period, the prior offense's reckoning period shall be extended to coincide with the subsequent offense's reckoning period if the subsequent offense's reckoning period expires after the prior offense's reckoning period. The subsequent offense need not be of the same type as the prior offense in order to extend the reckoning period.
(l) 
Imposition of penalties. A penalty may be imposed for each incident where a respective offense has been committed. A penalty may be imposed for each offense in a specific incident. Penalties may be imposed on a consecutive or a concurrent basis. Each offense shall bear its own reckoning period.
(m) 
Penalty guides. The Council may establish penalty guides in a supplemental manual for specific conduct. Such penalties are guides only and are not limiting. The aggravating and mitigating circumstances of each matter shall be considered by the Council.
[Ord. No. 154, passed 8-7-1986; Ord. No. 251, passed 10-14-1993]
The Chairperson shall be notified forthwith of all disciplinary action taken against an employee, and a proper record thereof shall be kept in the employee's personnel file.
[Ord. No. 154, passed 8-7-1986; Ord. No. 251, passed 10-14-1993]
Complaint procedure shall be as follows:
(a) 
First step. An employee who has a complaint may submit his or her complaint in writing to his or her department head within 10 days of the occurrence of the act which forms the basis of the complaint. The department head shall meet with the employee and take such other action as the department head deems appropriate to resolve the complaint. The department head shall submit a written report of his or her recommendations and/or actions to resolve the complaint to the affected employee within 15 days of receipt of the written complaint.
(b) 
Second step. If the employee is not satisfied with the resolution for the first step, the employee may submit his or her complaint in writing to the Chairperson within 10 days of the date of the department head's report. The Chairperson shall meet with the employee and take such other action as the Chairperson deems appropriate to resolve the complaint. The Chairperson shall submit a written decision of the resolution of the complaint to the department head and the affected employee within 15 days of his or her receipt of the written complaint.
(c) 
Final decision; waiver of rights. The decision of the Chairperson shall be final. The failure of the employee to submit his or her complaint in writing on a timely basis in accordance with this chapter shall be deemed a waiver of this right of review.
[Ord. No. 154, passed 8-7-1986]
If a hearing is not provided by the Council, an employee may request and receive a hearing before the Council for a grievance, as defined herein, by requesting the same in writing to the Chairperson of the Council within 10 days from the date of notification of the disciplinary action of demotion, suspension or dismissal or notification of the department head's recommendation of the same.
[Ord. No. 154, passed 8-7-1986]
The Township may, by resolution, issue a manual to employees which supplements this chapter and which is consistent herewith. Such manuals may include, but are not limited to, job descriptions, rules and procedures for specific tasks and disciplinary policies. The terms of such manuals shall be fully enforceable unless a term is in conflict with a term of this chapter, in which case this chapter shall control.
[Ord. No. 348, passed 3-8-2001]
(a) 
Objective. This statement sets forth Township policy with regard to access to, review of, and disclosure of messages sent or received by employees or other authorized users of municipal e-mail, voice mail, facsimile, or other electronic communications systems. It also sets forth policies on the proper use of these systems. The Township reserves the right to amend this policy at any time. New system users shall read this policy before logging into their electronic mail, or before accessing the Internet.
(b) 
Scope. This policy covers all employees and all Township electronic communications systems at all locations.
(c) 
Definitions.
ELECTRONIC MAIL (E-MAIL)
Electronics correspondence composed and/or sent using municipal electronic mail applications to internal Upper Providence recipients, or to outside recipients using Upper Providence gateways for delivery via the Internet. For purposes of this policy, "transmitting" an e-mail message includes sending, replying to, or forwarding any portion of an e-mail message created or received to another party via Upper Providence's e-mail system.
EXTRANET
An Extranet is a collaborative network that uses Internet technology to link businesses, or other entities, with their suppliers, customers, or other businesses or entities that share common goals. An Extranet can be viewed as part of an Intranet that is made accessible to other entities or that is part of a collaborative effort with other entities. The shared information may be accessible only to the collaborating parties or, in some cases, may be public.
INTERNET
A collection of computer networks that spans the globe, connecting government, military, educational and commercial institutions, as well as private citizens to a wide range of computer services, resources, and information. A set of network conventions and common tools are employed to give the appearance of a single large network, even though the computers that are linked together use many different hardware and software platforms.
INTRANET
A contained collection of computers and networks within Upper Providence connecting the members and/or employees of Upper Providence to a range of computer services, resources, and information.
SYSTEMS ADMINISTRATOR
The individual at each Upper Providence location whose responsibility it is to perform the function of Systems Administrator at that location.
(d) 
Policy.
(1) 
E-mail systems.
A. 
Use.
1. 
The e-mail system is provided at the expense of the Township to assist in carrying out the business of the municipality. The e-mail system permits authorized users to communicate with each other internally and with selected outside individuals, business, and other service providers that the Township, at its sole discretion, decides who should be connected to the system.
2. 
The Township considers the e-mail system to be for business use only. While it is possible that employees may decide to send personal messages, the Township assumes no responsibility for their content or for maintaining their privacy, and municipal employees have no expectation that such privacy will be maintained. In order to ensure that the system functions properly and that the Township and/or its employees are not liable for improper use of Internet and other connections, the Township considers all messages sent, received or stored as business messages, and thus, property of the Township. Conducting business unrelated to the Township, other than incidental personal traffic, is expressly prohibited.
3. 
Because of our intent to operate with the law, the Township reserves the right to access, review, copy, or delete all e-mail messages for any purpose and to disclose them to any party (inside or outside the Township) as it deems appropriate. This includes the right to install software that monitors e-mail and Internet usage. The Township, however, bears no responsibility for the content of messages sent or received by its employees. The Township does not and will not preview, edit or approve material on a routine basis in the e-mail system. All messages sent on the e-mail system are attributable solely to the individual users of the e-mail system, and the Township is not a party to them. The Township shall not be liable for, assume any legal responsibility for, or bear any costs arising out of e-mail communications flowing in or out of the Township's computer system.
4. 
Should employees make incidental use of the e-mail system (including Internet e-mail) for the purpose of transmitting or receiving personal messages, such messages will be treated no differently than other messages (i.e., the Township reserves the right to access, review, copy, delete, or disclose them for any purpose). Accordingly, authorized users should not use the e-mail system to send, receive, or store any messages that they wish to keep private. (Incidental use of the e-mail system is defined as occasional, casual, minor, or insignificant use that does not impact upon an employee's duties or impede business-use operations.)
5. 
No e-mail messages or information should be created, sent, or forwarded which may reasonably be deemed to be intimidating, hostile or offensive in nature, or which is discriminatory on the basis of race, color, religion, sex, national origin, sexual orientation, disability, or any other basis that is unlawful under applicable state and federal law. Nor should any obscene, profane, abusive, or offensive language be transmitted. Any violation of this policy is grounds for disciplinary action up to and including discharge.
6. 
No e-mail or other electronic communication may be sent which hides the identity of the sender or represents the sender as someone else. All messages communicated on the Township's e-mail system should contain the sending employee's name. The Township bears no responsibility for any consequences resulting from any employee who uses the e-mail system for any fraudulent, or other illicit purpose, or contrary to the provisions of this policy.
7. 
Any employees who become aware of misuse of the Township e-mail system must contact the Township Manager immediately.
B. 
Privileged communications. Some of the messages sent, received or stored in the e-mail system may be privileged communications between the Township and its attorneys, or other entities. Upon receipt of any such message, do not forward it or its contents to others inside the Township without the authorization of all parties. Never forward such messages or contents to any outsiders. To the extent practicable, all efforts should be made to send such privileged communications in an encrypted form. Moreover, as the Township has not established an encryption standard for use, all encryption software, prior to sending any message, must be approved by the Township Manager.
C. 
Viewing and protecting e-mail messages. In order to guard further against dissemination and disclosure of proprietary information, employees should exercise caution when accessing their messages in the presence of others. E-mail windows should not be left open on the screen when the computer is unattended. Users shall not allow any other person to use their name and password to gain access to an e-mail system. Passwords are required and should be changed regularly. The Township reserves the right to impose guidelines requiring mandatory password changes and encryption measures to provide additional measures of security.
D. 
Storing and deleting e-mail messages. The Township strongly discourages the storage of large numbers of e-mail messages. Retention of messages consumes space on the network server and/or individual hard disks and can reduce their performance. Accordingly, employees should promptly delete any e-mail messages they send or receive that no longer require action or are not necessary to an ongoing project. Employees should audit stored e-mail messages regularly and should delete any messages that are no longer needed. The Township reserves the right to establish database management guidelines on memory storage size limits for users and to establish guidelines which provide for the automatic purge of previously "read" messages.
E. 
Copyrighted information. Use of the e-mail system to copy and/or transmit any documents, software or other information protected by the copyright laws, without proper authorization by the copyright owner, is prohibited. Copyright protection applies to any document, photo, software, or information unless it is specifically marked as public, not copyrighted, or freeware. In the absence of any specific copyright markings, material or information should be considered copyright protected. The Township assumes no responsibility for reviewing, ascertaining or policing copyrighted material that may be transmitted to or from the e-mail system by employees.
F. 
E-mail etiquette. Please bear in mind that your e-mail messages may be read by someone other than the addressee, and may even have to be disclosed to outside parties including courts in connection with litigation. Accordingly, please take care to ensure that your messages are courteous, professional, businesslike, and tasteful.
(2) 
Voice mail, facsimile and EDI systems. To the extent applicable, all above policy provisions related to e-mail systems shall apply to any voice mail, facsimile, or EDI (Electronic Data Interchange) system owned by the Township. Restrictions on access of these systems by others will only apply where password controlled access is established (i.e.; it is permissible for someone to leave a message in your voice mailbox). EDI is defined as any electronic exchange of data, including modem-to-modem transfers.
(3) 
Municipality internet and extranet guidelines. As with e-mail, the Township provides Internet access solely to facilitate the conduct of the Township's business as a public service provider. Access to the Internet may be limited at the Township's sole discretion. This includes the use of filtering software to bar access to certain addresses. Employees are expected to use the Internet, Intranet, and Extranet at all times in the manner that benefits the Township. The downloading and installation of software programs onto a Township network server without prior approval from the Township Manager is prohibited. The Township accordingly will not allow its employees to (1) support the recreational use of the Internet, Intranet and/or Extranet, (2) provide access to news groups or other Internet sources that are not clearly work-related, or (3) provide assistance to users attempting to do (1) and (2) on their own. In addition, setting up Internet services such as World Wide Web (WWW), Home Pages, File Transfer Protocol (FTP), GOPHER, SMTP gateways, etc. on any computer connected to a Township network requires prior approval from the ADP Council.
(e) 
Prohibited activities. The following activities on the Internet, Intranet and/or Extranet are specifically prohibited and may result in disciplinary action up to and including discharge:
(1) 
Using the Internet, Intranet or Extranet for personal gain or for commercial activity unrelated to the Township.
(2) 
Sending privileged information or Township restricted information.
(3) 
Sending material that is threatening, intimidating, hostile, offensive, or discriminatory on the basis of race, color, religion, sex, national origin, sexual orientation, disability, or any other basis prohibited by applicable law. In addition, the receipt of such material and/or showing such materials to co-workers is strictly prohibited.
(4) 
Copying or otherwise converting protected electronic information.
(5) 
Violating copyright or trademark laws.
(6) 
Making any unauthorized attempt to break into another organization's computer system.
(7) 
Using the Internet, Intranet or Extranet for any activities not specified here that are in violation of Federal, state, or local laws.
(f) 
Other data services. The Township may establish accounts with dial-up data services and will make these services available to individual employees as necessary. Such services may only be used by employees who have been granted authorized access so that we are able to manage the security and administrative aspects of the account. Use of data services is limited business use only; personal or entertainment use is prohibited.
(g) 
Responsibility. The Township Manager has responsibility for the maintenance, approval, and dissemination of this policy and approving all requests submitted as required by this policy. The Township Manager is responsible for reviewing and approving all requests submitted as required by this policy.