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. 408, passed 1-12-2006]
This manual introduces Township employees to the policies and benefits of Township employment. The intent of this manual is to establish a uniform and comprehensive system of personnel administration that ensures fair and equitable treatment of employees and promotes reasonable, efficient service for the residents of Upper Providence Township. If any of these policies do not meet this intent, the Township reserves the right to make revisions, additions, and exceptions to the policies. The manual contains basic rules, regulations and benefits for full-time and part-time permanent Township employees. This handbook is not, and not intended to be, a contract of employment but, rather, a statement of policies and guidelines for Township employees, as well as answers to commonly asked questions concerning policies and employee benefits. The information contained herein reflects the Nonuniformed Employee and Police Personnel Code and definitions and word usage that are governed by that section of the Township code. Some of the policies and procedures in this manual may differ from the terms set forth in the collective bargaining agreement covering police officers. For employees covered by the collective bargaining agreement, the terms of that agreement are controlling and should be followed if there is a discrepancy with a policy set forth in this handbook. If there are any questions or concerns about the policies in this chapter, employees are encourage to ask their department head or the Township Manager for clarification.
[Ord. No. 408, passed 1-12-2006]
The Township Manager shall have the responsibility for the administration of this chapter. If there is no Township Manager appointed under the Charter, Section 6.07, the Chairperson of the Council Administration Committee responsible for the administration of the respective departments shall be responsible for the administration of this chapter, and all references to the powers and duties of the Township Manager shall refer to the powers and duties of the Chairperson of the Administration Committee as to the respective departments.
[Ord. No. 408, passed 1-12-2006]
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 wage without consideration of overtime, differential or other multipliers, as apportioned for the applicable time period.
(b) 
CASUAL EMPLOYEE — Means an employee who does not work a regular schedule but is called in on an as-needed basis.
(c) 
CHARTER — Means the Upper Providence Township Home Rule Charter, as amended.
(d) 
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.
(e) 
COUNCIL — Means the Township Council as elected under the Upper Providence Township Home Rule Charter.
(f) 
DEMOTION — Means the movement of an employee to a lower position having a lower pay range which results in a decrease in compensation.
(g) 
DEPARTMENT HEAD — Means the employee with supervisory powers over a department of Township employees as follows: for the Public Works Department, the Public Works Superintendent; and for the Administration Department, the Township Manager.
(h) 
DEPARTMENTAL RULES — Means rules of work, conduct, safety and dress, which an employee has been instructed by the department head to follow.
(i) 
ELIGIBILE PART-TIME EMPLOYEE — Means part-time employees who work a minimum of 20 hours per week on a regular basis and who are eligible for specific benefits as set forth herein.
(j) 
FULL-TIME EMPLOYEE — Means an employee who has completed the designated probationary period and who occupies a position requiring employment for 35 hours administrative and 40 hours or more per week Public Works 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 Township Manager that the employee should 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 job title.
(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) 
TEMPORARY OR SEASONAL EMPLOYEE — Means an employee who occupies a position requiring temporary or seasonal employment on either a part-time or full-time basis.
(q) 
TOWNSHIP — Means Upper Providence Township.
(r) 
TRANSFER — Means the movement of an employee to either a different department or work group within the same pay range.
(s) 
WORK PLACE — Any area designated as a work zone.
[Ord. No. 408, passed 1-12-2006]
(a) 
In accordance with the municipality's nondiscrimination policy, the Township shall seek the best qualified persons to fill positions at the established salary levels from the available labor force without regard to an applicant's age, race, color, sex, creed, political affiliation, religion, marital status, national origin, or disability that will not unduly interfere with the performance of essential tasks of the position.
(b) 
The search for the best-qualified applicants shall only be constrained by time and practicality in filling the position.
[Ord. No. 408, passed 1-12-2006]
(a) 
In all aspects of recruitment, application, and employment there shall be no expression, promise or threat of discrimination, authorized or permitted, in favor of or against an applicant or employee based on an individual's age, race, color, sex, creed, marital status, national origin, prior military service (or a lack thereof), or disability that will not unduly interfere with the performance of essential duties of the position.
(b) 
The operation of Township departments and the activities of Township employees are to be conducted strictly in accordance with the intent and spirit of this policy.
[Ord. No. 408, passed 1-12-2006]
In accordance with the letter and spirit of the Township's non-discrimination policy and in compliance with the Americans with Disabilities Act, the following policies are enacted:
(a) 
In any selection procedure for prospective Township employees, the Township shall not impose tasks or selection criteria which screen out or tend to screen out persons with disabilities unless the criteria are job related and consistent with business necessity.
(b) 
The Township shall make a reasonable accommodation for a disability unless to do so would impose an undue hardship or expense upon the Township.
(c) 
For purposes of this policy, "disability" shall be defined as physical or mental impairment, which substantially limits one or more major life activities. This definition shall apply to individuals who have a record of impairment or who are regarded as having impairment.
(1) 
Although the definition of disability could be amended from time to time by Congress or interpreted differently by a court, it is currently assumed that examples of impairments covered by the Act are: alcoholism, orthopedic, visual, speech and hearing impairments, HIV infection, cerebral palsy, epilepsy, muscular dystrophy, multiple-sclerosis, cancer, heart disease, diabetes, and mental retardation.
(2) 
Excluded from this definition are illegal drug use, left handedness, pregnancy, sexual preferences, compulsive gamblers, kleptomania, pyromania, obesity, and temporary disabilities such as illness and broken limbs.
(d) 
The Township shall determine the essential job functions for each position by considering: what the person actually does, amount of time spent on each function, consequences of inability to perform the function, collective bargaining agreements, work experience at similar positions, and work experience of previous employees in the job.
(e) 
Reasonable accommodation may include job restructuring, part-time or modified work schedules, reassignment to vacant positions, acquisition or modification of equipment, adjustments and/or modifications of examinations, training materials, policies or standards for hiring or promotion, and the provision of qualified readers or interpreters.
(f) 
The Township shall determine undue hardship by considering the nature and cost of the accommodation, overall financial resources of the facility, numbers of persons employed at the facility, effect on expenses and resources and overall impact upon operations, overall financial resources, overall size of the entity and the type of operation involved.
(g) 
The Township shall not require physical or medical exams before an offer has been made but may require physical agility tests. If an exam is given to an individual who receives an offer, it must be given to all employees offered the position and all results shall be confidential except to supervisors and manager who have a need to know.
[Ord. No. 408, passed 1-12-2006]
(a) 
Policy. All Upper Providence Township employees have the right to work in an environment free of all forms of harassment. The Township does not condone, nor will it tolerate harassment of any kind. Therefore the Township shall take direct and immediate action to prevent such behavior, and to remedy all reported instances of harassment, sexual or otherwise.
(b) 
Purpose. To maintain a healthy work environment and to provide procedures for reporting, investigating, and resolving complaints of sexual harassment.
(c) 
Declaration.
(1) 
Prohibited activity. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
A. 
Submission to such conduct is made either explicitly or implicitly a term or condition of employment; or
B. 
Submission to or rejection of such conduct by an employee is used as a basis for employment decisions affecting the employee; or
C. 
Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile, or offensive working environment.
(2) 
Management responsibilities. Sergeants, corporals, foremen, and department heads have the responsibility to assist any employee of the Township, who comes to them with a complaint of harassment, in documenting and filing a complaint with the internal investigations authority. Sergeants, corporals, foremen, and department heads shall be responsible for preventing acts of harassment. This responsibility includes:
A. 
Monitoring the work environment on a regular basis for signs that harassment may be occurring;
B. 
Counseling all employees on the types of behavior prohibited, the Township's procedures for reporting and resolving complaints of harassment;
C. 
Stopping any observed acts that may be considered harassment, and taking appropriate steps to intervene, whether or not the involved employees are within his or her line of supervision; and
D. 
Taking immediate action to limit the work contact between two employees where there has been a complaint of harassment, pending investigation.
(3) 
Employee's responsibilities. Each employee of this Township is responsible for assisting the prevention of harassment through the following acts:
A. 
Refraining from participation in, or encouragement of, actions that could be perceived as harassment;
B. 
Reporting acts of harassment to one of the following: sergeants, corporals, foremen or department heads; and
C. 
Encouraging any employee, who confides that they are being harassed, to report these acts to a sergeants, corporals, foremen, or department heads.
(4) 
Complaint procedures.
A. 
Employees encountering harassment shall tell the person that their actions are unwelcome and offensive. The employee shall document all incidents of harassment in order to provide the fullest basis for investigations.
B. 
Any employee who believes that he or she is being harassed shall report the incident(s) to their sergeant, corporal, foreman, or department head as soon as possible so that steps may be taken to protect the employee from further harassment, and appropriate investigative and disciplinary measures may be initiated. Where this is not practical, the employee may instead field a complaint with another sergeant, corporal, foreman, or department head, or the Township Manager. The person to whom a complaint is given shall meet with the employee and document the incidents, the person(s) performing or participating in the harassment, and the dates on which the incidents occurred.
C. 
The Township Manager shall be responsible for the investigations of any complaint alleging harassment.
1. 
The Manager shall immediately notify the Chief of Police if the complaint contains evidence of criminal activity, such as battery, rape, or attempted rape.
2. 
The investigation shall include a determination whether other employees are being harassed by the person(s), and whether other Township employees participated in, or encouraged the harassment.
3. 
The Manager shall inform the parties involved of the outcome of the investigation and report the results to Council for further action if necessary.
4. 
A file of harassment complaints shall be maintained in a secure location.
D. 
There shall be no retaliation against employees for filing a harassment complaint, or assisting, testifying, or participating in the investigation of such a complaint.
E. 
Complainant or employees accused of harassment may file an appeal to the Council when they disagree with the investigation of a harassment claim.
F. 
This policy does not preclude an employee from filing a complaint or grievance to an outside agency.
[Ord. No. 408, passed 1-12-2006]
Upper Providence Township has a commitment to provide a safe and healthful workplace for its employees and to ensure efficient production of quality services to its residents. We also recognize that in order to accomplish our goals, we must implement programs that will enable us to achieve our objectives in a cost effective manner while respecting the rights of our workers. For example, statistics show that employees who are substance abusers are absent from work about three times more often than other employees, are about one-third less productive when they are at work and are about at work, and are about twice as likely to have industrial accidents. Such employees are also more likely to steal from their employer and their fellow employees, to have serious medical and emotional problems, and to disregard safety policies and procedures.
With these facts in mind, Upper Providence Township must make every reasonable attempt to establish a work environment that is free from the adverse effects of drug and alcohol abuse, both directly and indirectly. The purpose of this policy is not to discipline or discharge employees if they can be helped and rehabilitated. Rather, the idea is to help employees solve their drug and alcohol problems through counseling and rehabilitation. Discipline and discharge will normally result only if employees refuse to cooperate, or, after having undergone a rehabilitation program, once again slips back into drug or alcohol problems.
(a) 
Objectives.
(1) 
Assure that the workplace is free from the effects of drug and alcohol use and that employees are fit to perform their work duties and report for work regularly and on time.
(2) 
Optional. Establish effective means to detect and deal with drug and alcohol abuse while respecting the rights of the workers. The rights of workers include the right to privacy as defined by applicable law, to fair and evenhanded treatment.
(3) 
Comply with applicable state and federal law.
(b) 
Substances included in the testing policy. The testing program will cover at least the following substances present in the body: alcohol, cocaine, phencyclidine (PCP), marijuana, opiates (including heroin) and amphetamines. Upper Providence Township along with the Department of Transportation (DOT) have established mandatory drug and alcohol testing regulations that affect certain Township's drivers. All of DOT testing requirements will apply to all employees with commercial driver's licenses (CDL) and applicants for CDL positions.
(c) 
Types of testing.
(1) 
Pre-employment. All applicants and positions requiring CDL will be tested for alcohol and drugs prior to commencing employment with the Township. An applicant testing positive for alcohol or drugs will not be considered for employment with the Township.
(2) 
Random testing. The Township will use a random process to select each CDL driver, who will be tested for use of controlled substances and alcohol. Drivers selected on a random basis for testing will be required to supply a urine sample for the drug test. A breathalyser machine will do the alcohol test.
(3) 
Reasonable cause testing. Testing will be required by the Township upon reasonable cause. The conduct necessitating testing, if at all feasible, shall have been witnessed by at least two supervisors. However, if only one supervisor is available, only that supervisor need witness the conduct. Each witness must have received training in the detection by observing a person's behavior of probable drug and alcohol use.
(4) 
Mandatory post accident testing.
A. 
Drivers will provide urine specimens for drug testing as soon as possible after a commercial vehicle accident, but in no case later than 32 hours after the accident. Drivers must be tested for alcohol as soon as possible after a motor vehicle accident, but in no case later than eight hours after the accident. A driver may not consume alcohol until he or she has been tested.
B. 
An accident is defined as involving:
1. 
A fatality.
2. 
The driver receiving a citation under state or local law for a moving violation arising from the accident.
3. 
If, as a consequence of an accident, a driver is seriously injured and cannot provide a specimen at the time of the accident, he or she must provide the necessary authorization for obtaining hospital records and other documents that will indicate whether there were any controlled substances or alcohol in his or her system at the time of the accident.
(5) 
Return to duty testing. If the Township offers a driver re-employment after the driver has been referred to an alcohol and substance abuse professional and the driver has undergone all recommended treatment the driver will be tested for alcohol and drugs prior to being returned to duty. The driver must test negative prior to returning to duty.
(6) 
Follow-up testing. Any driver who has returned to duty after a positive alcohol or drug test will be subject to unannounced follow-up tests for a period up to 60 months. There will be a least six follow-up tests for alcohol and three follow-up tests for drugs given during the first 12 months.
(d) 
Notification of test results. The Township will notify its drivers and driver applicants of the results of tests conducted pursuant to the DOT regulations. Drivers who test positive will also be advised specifically what drug or the amount of alcohol that was discovered.
(e) 
Record keeping.
(1) 
All of the records relating to the administration and results of Township's alcohol and drug testing program for its drivers will be maintained for a minimum period of five years, except that individual negative test results will be maintained for a minimum of 12 months.
(2) 
There shall be a Medical Review Officer who is a licensed doctor of medicine or osteopathy with knowledge of drug abuse disorders and who is employed by the Township to review alcohol and drug testing results in accordance with the DOT regulations. The Medical Review Officer for each subsidiary and/or division shall be the sole custodian of individual test results for that division. The Medical Review Officer shall retain the reports of individual test results for a minimum of five years. The Township shall retain in the driver's personnel medical file information indicating only the following:
A. 
The employee submitted to a drug and/or alcohol test;
B. 
The date of such test;
C. 
The location of such test;
D. 
The identity of the person or entity performing the test; and
E. 
Whether the test finding was "positive" or "sub negative."
(3) 
The Township will also maintain annual (calendar) year summary of the records related to the administration and results of the testing program for its drivers under the DOT regulations.
(f) 
Access to test results and findings. No person may obtain the individual test results retained by the Medical Review Officer, and no Medical Review Officer shall release the individual test results of any employee to any person, without obtaining written authorization from the tested individual, unless otherwise required by law.
(g) 
Work rules concerning use, possession and sale of alcohol or illegal drugs on municipality's property.
(1) 
Employees shall not use, sell, possess or receive alcohol and illegal drugs, or distribute or sell prescription drugs while on duty. Violation of these rules will subject the employee to discipline up to and including termination, subject to any applicable provisions and procedures of a collective bargaining agreement. Illicit drugs includes prescription drugs for which the employee does not have a valid prescription.
(2) 
The Township reserves the right, upon reasonable suspicion, to ask for consent to search the vehicle or personal property of any employee during working hours, or while on Township's property or designated work place.
(3) 
Any employee refusing to consent to or cooperate with a reasonable search or investigation will be relieved of duty and removed from the work place resulting in appropriate disciplinary action up to and including possible termination, for insubordination.
(4) 
Prescription drugs must be kept in their original container identifying the drug, dosage, date of prescription and physician. Employees are required to notify their supervisor when taking a prescription drug that could impair their working ability or alertness.
(5) 
Third party or contractor employees while on Township's property will also be subjected to this policy with violations resulting in removal from the premises.
(6) 
Off duty conduct. Employees are also expected not to engage in any off duty or off premises drug or alcohol related conduct which may affect their work performance, or which causes adverse publicity to the Township.
[Ord. No. 408, passed 1-12-2006]
(a) 
Establishment. The Township will establish an Employee Assistance Program, which will include the following:
(1) 
An education and training component for drivers, addressing alcohol and controlled substances;
(2) 
An education and training component for supervisory personnel, addressing alcohol and controlled substances; and
(3) 
A written statement on file and available for inspection, outlining the Township's EAP.
(b) 
Training. The EAP training program for all drivers and supervisory personnel will consist of at least 60 minutes of training. The training program will include the following elements:
(1) 
The effects and consequences of alcohol and/or controlled substance use on personal health, safety and the work environment;
(2) 
The manifestations and behavioral causes that may indicate alcohol and/or controlled substance use or abuse; and
(3) 
Documentation of training given to drivers and supervisory personnel.
[Ord. No. 408, passed 1-12-2006]
The Township reserves the right to add to, change, or modify this policy in its sole discretion, and to terminate any employee at any time, except as those rights are restricted by law or by any applicable collective bargaining obligation or agreement. The Township accepts no liability in the event of any alleged breach of any of the policies or procedures set forth in this policy. The Township encourages every employee and prospective employee voluntarily to comply with this policy not only for his or her own safety, but for the safety of others. Because of its importance, the Township will take all necessary steps to ensure implementation and compliance with this policy.
[Ord. No. 408, passed 1-12-2006]
This policy will be limited by any applicable federal or state law or, municipal ordinance, and by any applicable collective bargaining agreements. Any portion of this policy which directly conflicts with such a collective bargaining agreement will not be implemented for that bargaining unit, but shall be severable and shall not affect the validity and enforcement of the remainder of the policy.
[Ord. No. 408, passed 1-12-2006]
This policy and this document (or any accompanying document executed or delivered pursuant to or in connection with the policy) are not intended to confer any contractual or other rights or claims in favor of the Township's employee. Any failure to implement the policy or any part thereof, any variation, addition, or omission to the procedures set forth in the policy shall not confer any contractual or other rights or claims in favor of the employee not otherwise conferred by law. (You remain employed "at will.")
[Ord. No. 408, passed 1-12-2006]
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 Township Manager within 10 days of the date of the department head's report. The Township Manager shall meet with the employee and take such other action as the Township Manager deems appropriate to resolve the complaint. The Township Manager 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 Township Manager shall be final. The failure of the employee to submit his complaint in writing on a timely basis in accordance with this chapter shall be deemed a waiver of this right of review.
[Ord. No. 408, passed 1-12-2006]
If the Council does not provide a hearing, 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 demotion, suspension or dismissal.
[Ord. No. 408, passed 1-12-2006]
The Council shall establish job titles, job descriptions, pay ranges and compensation by resolution.
(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 of the person chosen has been selected according to the procedures set forth in this chapter.
(b) 
Vacancy announcement. Position vacancies shall be published by posting announcements on the Township's bulletin board, web page and in any other way the Township Manager 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.
(d) 
Interim appointees. The Township Manager 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. Prior to employment all employees will be required to have a physical examination. 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. 408, passed 1-12-2006]
All employees whose position requires a driver's license by the State of Pennsylvania or other accrediting agencies are responsible for keeping such document current. A copy of the license must be on file in the Personnel Department. No employee will be hired or retained if these conditions are not met and an employee cannot be permitted to work if his or her license in not current.
[Ord. No. 408, passed 1-12-2006]
Employees shall be required to undergo a probationary period of six months upon appointment. Prior to receiving regular employee status and eligibility for all employee benefits including raises, probationary employees can be evaluated by their supervisor at any time during the six-month probationary period. Employees receiving unsatisfactory ratings shall receive additional evaluations on a more frequent basis until such time as the deficiency is resolved. Successful completion of such probationary period shall be a demonstration by the employee that he or she is able to and does perform all duties required by the position, that he or she has adhered to all requirements of this chapter and departmental rules and that he or she has not been guilty of a disciplinary infraction. For an employee of the Public Works Department, the requirement that such employee is able to and does perform all duties required by the position shall include the acquisition of a commercial driver's license, if such employee does not have such license at the time of hire. At any time during the probationary period, the Township Manager or Council may dismiss a probationary employee if, in the opinion of the Township Manager, 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 this chapter; the decision of the Township Manager is final. A casual, temporary or seasonal employee maybe dismissed at any time by the Township Manager or Council with or without cause. A dismissed casual employee shall not have a right to a hearing under this chapter.
[Ord. No. 408, passed 1-12-2006]
Due to variations in the different services provided by the Township, the scheduling of hours required to work depends upon the nature of activities performed by each department. The hours of work shall be established by the Township Council with the advice of Township manager and department heads. Employees are expected to be regular in attendance during the hours established by the Township for their respective departments. A maximum two fifteen-minute paid relief periods may be scheduled at the work location as the workload permits, in each half of the workday, by the department head. A relief period shall not be taken in increments.
(a) 
Administration. Business hours are from 8:30 a.m. to 4:30 p.m., Monday through Friday, with a one hour lunch period. Employee schedules must be such that the office is open and attended during this time and each employee works the required number of hours.
(b) 
Public Works. Highway Department personnel shall work a normal forty-hour week, 7:00 a.m. to 3:30 p.m., Monday through Friday, with a half hour lunch period. Public Works employees must also be available for emergency duty, such as natural disasters, snow storms, and the like for which they will be called as needed (weekends, evenings).
(c) 
Police Department. Scheduling of police officers is the responsibility of the Chief of Police and his or her assistants so as to provide safe efficient police protection of the Township 24 hours a day, in accordance with department policy and collective bargaining agreements.
(d) 
Time sheets. All employees will record their work time by completing a time sheet. Time sheets are the official record of the employee's workweek and may not be completed or altered by anyone other than the employee. Failure to comply with these rules will result in disciplinary action. Repeated failure to comply may result in termination.
[Ord. No. 408, passed 1-12-2006]
All employees are paid every other Friday, for the two-week period ending the preceding Friday. When a payday falls on a holiday, paychecks are disbursed the preceding workday.
(a) 
Deductions. Federal income tax, FICA, Pennsylvania state and local taxes and appropriated pension fund contributions required by law are withheld from each employee's paycheck. Other employee-authorized deductions may also be withheld such as health insurance coverage, deferred compensation and union dues.
(b) 
Direct deposit. Employees are encouraged to participate in direct deposit of paychecks. Authorization forms are available in the Finance Department.
(c) 
Garnishments. If an employee's wages are legally garnished, the Payroll Department will withhold the monies required by law.
(d) 
Compensatory time/overtime benefit.
(1) 
Fair Labor Standards Act. According to the Fair Labor Standards Act document WH Publication 1325, salaried positions that allow employee work task discretion are exempt from federal regulations requiring overtime pay and compensatory time benefits. Such employees in executive and administrative positions are paid according to the responsibility of their work regardless of the number of hours required to accomplish it. Examples of positions exempt from overtime pay/compensatory time provisions include executive and professional staff such as the Township Manager, department heads and administrative staff positions.
(2) 
Work from home policy. Any administrative employee wishing temporarily work from his or her place of residence must submit a request in writing 72 hours in advance to the Township Manager. The request shall include the date selected for the work, type of work to be performed and a detailed explanation indicating how the work can be accomplished from the employee's place of residence and a work schedule. The Township Manager shall have sole discretion in approving or denying any request. Any authorized request shall not include the removal of any Township file, record, computer database, program or any other Township resource. The maximum time period for request shall be eight hours.
(3) 
Public Works and hourly employees.
A. 
Work performed in excess of 40 hours in one week shall be compensated at 1 1/2 times the regular time rate, Sundays and holidays shall be compensated at two times regular rate, in accordance with the provisions of the Fair Labor Standards Act. Overtime may only be worked at the direction of the employee's supervisor or the Police Department under an emergency situation. All employees called out to work beyond the regular work hours shall be paid for a minimum of two hours.
B. 
Any Public Works employee designated or assigned by the Road Master or Township Manager, to act in the capacity of temporary supervisor or foreman in the absence of the Road Master shall be entitled to a pay differential of 10% above his or her regular hourly pay rate for the period acting in that capacity.
(4) 
Police officers. Per the collective bargaining agreement, when a police officer works more than the normal assigned consecutive shift hours and when such additional work is actual police work, they shall receive pay at time and 1/2 their base hourly rate for such additional work to the nearest one-quarter of an hour.
(5) 
Administrative and salaried employees. Although exempt from Fair Labor Standard regulations, administrative and salaried Township employees shall be eligible for compensatory time at an hour for hour rate for work in excess of 35 hours/week up to 38 hours. Additional hours worked shall be compensated at 1 1/2 worked per hourly rate when approved by their department head or the Township Manager.
(6) 
Compensatory time use. The use of sanctioned compensatory time must be approved in writing by the department head and/or the Township Manager. Compensatory time is used only in the year earned with the exception of hours earned in December, which may be used in January. No monetary payment shall be made for unused compensatory time upon any separation from Township employment.
(e) 
Compensation.
(1) 
The Council shall establish job titles, job descriptions, pay ranges and compensation by resolution.
(2) 
Pay rates. The performance review shall be a basis for determining pay rates for the position and for determining promotion or demotion to a different position or dismissal.
(f) 
Evaluation of performance.
(1) 
To ensure a high level of quality services for the public and to maintain a productive workforce, all personnel shall be formally evaluated, in writing, by their immediate supervisor as frequently as is deemed appropriate, but no less than once a year. The supervisor shall review the evaluation with the employee, discussing job performance and suggestions for improving work habits, and obtaining employee recommendations for greater efficiency pertaining to his or her assigned duties. Completed and signed evaluation forms shall be transmitted to the Township Manager for review and inclusion in the employee's personnel file.
(2) 
Personnel file. A personnel file shall be maintained for each employee by the Township Manager and/or 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 Township Manager 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.
[Ord. No. 408, passed 1-12-2006]
The purpose of this code is to provide general guidelines for Township employees in the workplace. The appearance of our employees is a matter of pride and reflects our image to the community. Personal neatness and cleanliness will be regarded as an important aspect of an employee's overall effectiveness. All employees are expected to be neat and well groomed, at all times, while on the job. Each department supervisor will review the dress regulations established for the department and all employees must adhere to the established dress code.
[Ord. No. 408, passed 1-12-2006]
In accordance with the spirit and intent of the state and municipal ordinances and the Township's interest in preserving the environment, employees are required to properly separate recyclable material from the Township complex waste stream. Specifically, employees are to dispose of aluminum cans, office paper, plastics and cardboard in appropriate containers.
[Ord. No. 408, passed 1-12-2006]
Upper Providence Township is a non-smoking work place. Posted designated smoking areas are located outside of Township owned buildings. Employees who wish to smoke shall adhere to the relief period provisions in Section 284.18 of this chapter. Receptacles are provided to dispose of cigarettes.
[Ord. No. 408, passed 1-12-2006]
The Township telephone lines are for essential business. We ask that personal, non-emergency calls be limited. All employees whose position requires use of Township issued cell phones are for Townships matters only. All overage charges for personal business will be charge to employee and disciplinary action may be taken.
[Ord. No. 408, passed 1-12-2006]
As an employer who provides service to Township residents, each employee is expected to be present for scheduled work when the Township offices are open. If an employee decides not to come to work when the offices are open, in order to be paid, the employee must use earned leave time.
[Ord. No. 408, passed 1-12-2006]
(a) 
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 disciplinary 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.
(b) 
All charges, findings and disciplinary actions not involving a suspension, demotion or dismissal shall 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, charges and recommended punishment to be forwarded to the Council for hearing and adjudication.
[Ord. No. 408, passed 1-12-2006]
Any employee who commits an offense punishable under the law, 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.
(a) 
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.
(b) 
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 Township Manager 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 Township Manager 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 the 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 the employee's personnel file shall be maintained in a separate file for information but not for disciplinary purposes.
(c) 
Written reprimand.
(1) 
Any department head may issue a written reprimand to an employee. A written reprimand will contain the following information:
A. 
The name and present assignment of the person charged with a violation.
1. 
The dates and times of the misconduct and the location.
2. 
A complete statement of the facts of the misconduct.
B. 
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 after 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.
(d) 
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 persons 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.
(e) 
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 Township Manager and Council. The Council shall hear and adjudicate all charges. Council, a department head or the Township Manager may suspend an employee, subject to final confirmation by the Council, where Council, the department head or the Township Manager 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. A written reprimand shall accompany any suspension. A suspension may accompany a demotion.
(f) 
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. Further, a department head or the Township Manager may demote an employee, subject to confirmation by the Council, where the department head or the Township Manager determines that a demotion is in the best interest of the Township. A written reprimand shall accompany any demotion. A suspension may accompany any demotion.
(g) 
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. Further, a department head or the Township Manager may dismiss an employee, subject to confirmation by the Council, where the department head or the Township Manager determines that a dismissal is in the best interest of the Township. A suspension may precede a dismissal.
(h) 
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 Township Manager that the employee should be demoted, suspended or dismissed, has the right to demand a hearing before the Council, provided that a written demand for a hearing is received within 10 days of the date that such employee is given notice of the recommendation or within 10 days of the date of such action, whichever first occurs. The hearing shall be private and closed to persons not directly participating in the hearing process. Such person may make written answers to any charges filed against him or her. 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 for an oral reprimand, a written reprimand or a complaint as defined herein. The decision of Council is a final determination of the issue.
(i) 
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 and only if, the employee does not commit another offense within the reckoning period. If the employee commits any 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.
(j) 
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.
(k) 
Penalty guides.
(1) 
For the commission of any of the following offenses, an employee may be subject to immediate dismissal. This referenced conduct is intended to be a guide and not limiting. The aggravating and mitigating circumstances of each matter shall be considered by the Council.
A. 
Gross neglect of duty or refusal to comply with a supervisor's instructions.
B. 
Insubordination.
C. 
The arrest for immoral or indecent conduct, for a felony or for a misdemeanor involving moral turpitude while an employee of the Township, whether on duty or off duty.
D. 
Intentional falsification of personal records, time reports or other township records or reports.
E. 
Indulging in offensive conduct or using offensive language towards the public or in public or towards Township officials, supervisors or employees while on duty.
F. 
Incompetency and inefficiency in the performance of job duties which results in not maintaining a satisfactory rating on performance review.
G. 
Carelessness or negligence with moneys or property of the Township.
H. 
Theft or intentional destruction of Township property or another employee's property.
I. 
Sleeping on the job.
J. 
Gambling or card playing on the job.
K. 
The use of alcohol, non-prescribed controlled substances or other intoxicants during the workday, including the lunch hour.
L. 
Deliberate or careless conduct endangering the safety of himself or herself or other employees, including provoking or instigating a fight during working hours or on Township premises.
M. 
Inducing or attempting to induce any employee in the service of the Township to commit an unlawful act or to act in violation of any lawful departmental or official regulation or order.
N. 
Accepting any fee, gift or other valuable thing in the course of or in connection with his or her work for his or her personal use from any person or group of persons other than the Township, when such gift or other valuable thing is given in the hope or expectation of receiving a favor or better treatment than that accorded other persons or to induce the performance of an official duty.
O. 
Engaging in political activity while on duty.
P. 
Repeated violations of departmental rules or any other course of conduct indicating little or no regard for the employee's department and his or her responsibility as a Township employee.
Q. 
Any other offense of equal magnitude to the above in the opinion of the Township Manager or Council.
(2) 
For the commission of any of the following offenses, an employee may receive an oral reprimand, written reprimand, suspension or demotion. Repeated commission of these offenses within the respective reckoning period may result in dismissal. This referenced conduct is intended to be a guide and not limiting. Disciplinary action may be taken for other good cause not specified but of equal magnitude in the opinion of the Council. The aggravating and mitigating circumstances of each matter shall be considered by the Council.
A. 
Excessive absenteeism and/or tardiness.
B. 
Horseplay.
C. 
Inattentiveness to work; failing to start work at the designated time; abuse of break period; quitting work before the proper time; leaving the employee's work location during working hours without authorization from his or her supervisor.
D. 
Smoking in posted unauthorized areas.
E. 
Abusive, threatening or coercive treatment of another employee on the Township's time or premises.
F. 
Violating a safety rule or safety practice.
G. 
Failure to report for work without giving the department head or his or her department office notice of such absence in accordance with established personnel procedures.
H. 
Vending, soliciting or collecting contributions on duty on Township premises without prior authorization from the employee's department head.
I. 
Any other offense of equal magnitude to the above in the opinion of the Township Manager or Council.
(3) 
Reports of disciplinary action. The Township Manager 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. 408, passed 1-12-2006]
(a) 
Township employees shall refrain from engaging in political activity influencing any candidacy for an elective office in the Township government.
(b) 
This policy shall not be construed to prevent Township employees from exercising their rights as private citizens in becoming or continuing to be members of political organizations, expressing their views on political matters, or voting with complete freedom in any election.
(c) 
If elected to a political office that interferes with the performance of his or her duties of employment, an employee shall terminate employment with the Township prior to the assumption of said elected office.
[Ord. No. 408, passed 1-12-2006]
(a) 
Objective. This statement sets forth Upper Providence 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. Upper Providence 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 Upper Providence electronic communications system at all locations.
(c) 
Definitions.
(1) 
ELECTRONIC MAIL (E-MAIL) — Electronics correspondence composed and/or sent using municipal electronic mail applications internal to Upper Providence, 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.
(2) 
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 used many different hardware and software platforms.
(3) 
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.
(4) 
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.
(5) 
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 Upper Providence 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 Upper Providence, at its sole discretion, decides who should be connected to the system.
2. 
Upper Providence considers the e-mail system to be for business use only. While it is possible that employees may decide to send personal messages, Upper Providence 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 the Upper Providence and/or its employees are not liable for improper use of Internet and other connections, Upper Providence considers all messages sent, received or stored as business messages, and thus, property of Upper Providence. Conducting business unrelated to Upper Providence, other than incidental personal traffic, is expressly prohibited.
3. 
Because of our intent to operate within the law, Upper Providence 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) Upper Providence as it deems appropriate. This includes the right to install software that monitors e-mail and Internet usage. Upper Providence, however, bears no responsibility for the content of messages sent or received by its employees. Upper Providence 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 Upper Providence is not a party to them. Upper Providence 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 Upper Providence's computer systems.
4. 
Should employees make incidental use of the e-mail system (including Internet email) for the purpose of transmitting or receiving personal messages, such messages will be treated no differently than other messages (i.e., Upper Providence 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 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 Upper Providence's e-mail system should contain the sending employee's name. Upper Providence 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 Upper Providence e-mail system must contact Township Manager immediately.
B. 
Privileged communications. Some of the messages sent, received or stored in the e-mail system may be privileged communications between Upper Providence and its attorneys, or other entities. Upon receipt of any such message, do not forward it or its contents to others inside Upper Providence 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 Upper Providence has not established any encryption standard for use, all encryption software, prior to sending any message, must be approved by 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. Upper Providence 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. Upper Providence 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. Upper Providence 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. Upper Providence 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 my 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.
G. 
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 Upper Providence. 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.
H. 
Municipality internet and extranet guidelines. As with e-mail, Upper Providence provides Internet access solely to facilitate the conduct of Upper Providence's business as a public service provider. Access to the Internet may be limited at Upper Providence's sole discretion. This includes the use of filtering software to bar access to certain addresses. Employees are expected to used the Internet, Intranet, and Extranet at all times in the manner that benefits Upper Providence. The downloading and installation of software programs onto a Upper Providence network server without prior approval from Township Manager is prohibited. Upper Providence 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 an Upper Providence network is prohibited. 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 Upper Providence.
2. 
Sending privileged information or Upper Providence 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.
I. 
Other data services. Upper Providence 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.
J. 
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.
[Ord. No. 408, passed 1-12-2006]
Township vehicles and equipment shall be utilized only with approval of the Township. Employees are expected to use the Township equipment in accordance with proper rules and procedures to protect and preserve public property and to assure the safety of employees and others that may be affected thereby.
[Ord. No. 408, passed 1-12-2006]
(a) 
All nonuniformed employees are hired on an "at will" basis. This means that either party may discontinue employment at any time, without notice, for any lawful reason. The Township may therefore unilaterally discharge an employee, for any lawful reason, without the need to show just cause, at any time. Continued employment shall be conditioned on good behavior and satisfactory performance of duties. Any employee may be temporarily separated by layoff or suspension, or permanently separated by resignation or dismissal at any time.
(b) 
To resign in good standing, an employee must give his or her 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 the refusal to issue recommendation and the denial of future employment with the Township.
(c) 
With the exception of employees terminated for cause, employees who leave the employment of the Township shall be paid for their earned but unused vacation time based on the portion of the current year employed.
(d) 
Employees are required to meet with the department head prior to leaving the service of the Township to complete necessary insurance forms, return keys, and the like.
[Ord. No. 408, passed 1-12-2006]
All full time employees accrue vacation time as they work throughout the year, from January 1 through December 31. Vacation time accrued in one year is taken during the following year. Vacation time accrued is determined by your length of service with the Township. The schedule of vacation benefits is listed below.
Years of Service
Vacation Time Earned
Date of hire until January 1
883 of a day for each completed month, eligible for use one year from date of hire
January after completion of 1 year through 5 years
10 days
January starting 6th year through 15 years
15 days
January starting 16th year through 20 years
20 days
January starting 21st year plus
25 days
(a) 
Scheduling of vacations must be approved by the employee's supervisor and the Township Manager for all departments except the Police Department whose employees receive approval from the Police Chief. The Township will try to honor all vacation requests; however, there may be times that it may not be permissible for you to take vacation due to business operations. In the event your first choice of vacation dates cannot be honored, the Township will work with you in order to reschedule your vacation.
(b) 
Vacation should be scheduled at least two workdays prior to use. Failure to do so, except in cases of extreme emergencies, will be considered unexcused, uncompensated time and could result in disciplinary action.
(c) 
Employees who leave the employment of the Township will be paid for their earned but unused vacation pro-rated based on the portion of the current year employed.
(d) 
Eligible part-time employees shall be paid in accordance with their pro-rata daily compensation.
[Ord. No. 408, passed 1-12-2006]
Each full-time employee is entitled to three personal days after three months of service. Personal days should be approved two days prior to use by the employees department head or the Township Manager. Failure to do so, except in cases of extreme emergencies, will be considered unexcused, uncompensated time and could result in disciplinary action.
[Ord. No. 408, passed 1-12-2006]
(a) 
Sick pay is given to employees as a means of assisting them in coping with continuing expense during periods of inability to work due to illness. As such, sick pay is an insurance provision rather than an automatic benefit.
(b) 
Employee eligibility for sick pay begins after three months of employment and increased according to the following schedule:
(1) 
Full-time employees and eligible part-time employees.
Time Period of Employment
Number of Days
4 to 12 months
1 per month; maximum of 9
Succeeding years
12 per year
(2) 
Sick days may be accumulated to a maximum of 60 days.
(3) 
Eligible part-time employees shall be paid in accordance with their pro-rata daily compensation.
(4) 
Commencing January 1, 1997, a full-time employee who is employed for a full calendar year shall receive $75 for each calendar year in which the employee does not take any sick days.
(c) 
Employees should report the need to be absent on a given day as early as reasonably possible, in no event less than 30 minutes from the scheduled starting time, on each day absent.
(d) 
Public Works employees shall report their absence no less than 30 minutes prior to scheduled start time.
(e) 
All other employees must report their absence directly to their Supervisor or administrative staff between 8:30 a.m. and 8:45 a.m.
(f) 
Absences in excess of three days require a written doctor's excuse.
[Ord. No. 408, passed 1-12-2006]
All regular full-time employees are entitled to the following in the event of the death of a family member to attend services. Confirmation must be provided when returned to work.
(a) 
In the event of the death of a spouse or a child, the employee shall be entitled five days off (five consecutive work days) with regular pay.
(b) 
In the event of the death of an immediate family member of the employee or of the employee's spouse, the employee is entitled to three days off with regular pay. Immediate family shall refer to parents, parent in laws, grandparents, brothers, sisters, grandchildren and legal guardians. Exceptions to this will be at the discretion of the manager.
(c) 
In the event of the death of aunts, uncles, brother- and sister-in laws the employee is entitled to one day off with regular pay.
[Ord. No. 408, passed 1-12-2006]
Full-time employees and eligible part-time employees not subject to the terms of a collective bargaining agreement shall receive holiday time off with pay in accordance with the list of holidays prescribed annually by resolution of the Board of Council at the reorganization meeting each January.
(a) 
Holidays falling upon Saturday shall be observed on the previous Friday, and those falling on Sunday shall be observed on the following Monday.
(b) 
If an official holiday occurs within an employee's scheduled and approved vacation period, it shall be taken as a holiday and not charged as a vacation day.
(c) 
Employees required to work on a designated holiday shall receive overtime pay in addition to their normal holiday pay.
(d) 
Holiday pay shall not be counted as worked time.
[Ord. No. 408, passed 1-12-2006]
At the discretion of the Township Manager, leaves of absence, without pay, may be awarded to regular full-time employees with extraordinary family commitments including, but not limited to, paternity, care of elderly parent, recent adoption, or family crisis. Not to exceed 90 calendar days in a twelve-month period using a rolling twelve-month period measured backward from the date an employee uses a family medical leave. In all cases, any accrued time, (such as vacation, sick, etc.) must be utilized while out on a family medical leave.
[Ord. No. 408, passed 1-12-2006]
(a) 
Female employees may take up to 90 consecutive days maternity leave without pay immediately prior to and/or immediately after giving birth to a child or adoption of an infant under the age of one year. The employee is eligible for maternity leave only after use of all accrued sick days, vacation days and personal days.
(b) 
Pregnancy leave will commence when the employee's physician certifies that she is no longer able to perform her work safely and efficiently. Notice of the need for a leave of absence should be given to the employee's department head or the Township Manager as far in advance as possible so a replacement can be identified if necessary.
(c) 
The employee shall retain the same salary and benefit level in the Township organization provided the employee notifies the Township, in writing prior to the commencement of maternity leave, that she will be returning to Township employment. The Township does not guarantee that employee will resume the same position or duties as she had prior to the maternity leave. The employee shall return to work at the date certified by a physician that she is able to perform her duties.
(d) 
If the employees does so promise but does not return to work for the Township for a period of at least six months after expiration of the maternity leave for reasons other than the death or disability of the employee, the employee shall reimburse the Township for the cost of providing medical benefits during the maternity leave and the Township may deduct any sums due to the Township from the employee.
(e) 
Casual employees, temporary employees, seasonal employees and part-time employees, other than eligible part-time employees, are not eligible to receive a benefit other than their hourly pay.
[Ord. No. 408, passed 1-12-2006]
In accordance with the Uniformed Services Employment and Re-employment Rights Act of 1994, (USERRA), re-employment rights are extended to employees who are absent from work due to "service in the uniformed services." Uniformed services includes the Army, Navy, Marine Corps Reserve, Air Force Reserve, or Coast Guard Reserve, Army National Guard, Air National Guard, and commissioned corps of the Public Health Service. Uniformed services also includes any other category designated by the President in the time of war or other national emergency. This includes voluntary as well as involuntary service. It also includes active duty, active duty for training, initial active duty for training, full-time National Guard duty, and any absence from work relating to an examination of a person's fitness for duty in any of the above types of duty. A full-time employee and eligible part-time employee fulfilling a reserve duty obligation of up to two weeks per year shall receive his or her base salary for the workdays on military reserve duty up to a total of 10 working days, less pay received for such duty. Employees are required to give advance notice, except for an immediate military necessity or some other emergency circumstance. Notice may be written or oral, and may be provided by either the employee or by an appropriate officer of the branch of the military in which the employee will be serving.
[Ord. No. 408, passed 1-12-2006]
Regular full-time employees and eligible part-time employees who are called for jury duty will be granted leave with full pay at the current base salary upon confirmation of service.
[Ord. No. 408, passed 1-12-2006]
Any employee, who is absent from work without authorization, will not be compensated and may be subject to discipline. If the unauthorized leaves last for three regularly scheduled work days, or more, the employee may be considered to have abandoned his or her job and can be separated from employment with the Township.
[Ord. No. 408, passed 1-12-2006]
Full-time nonuniformed employees are entitled to receive the following benefits in accordance with the following schedule.
Date of hire:
Health insurance
Dental insurance
Vision insurance
Workers' compensation insurance
Unemployment compensation insurance
Holidays
Compensatory time (if applicable)
Overtime pay (if applicable)
Life insurance
Accidental death and dismemberment insurance
Long/short term disability insurance
Family leave
Jury duty
Bereavement leave
Pension plan
Deferred compensation plan
After 3 months of service:
Personal days
Sick time starts to accumulate
After 6 months of service:
Tuition reimbursement
After 1 year of service:
Vacation
[Ord. No. 408, passed 1-12-2006]
Township employees injured while performing official duties for the Township are covered by workers' compensation insurance to the extent outlined by Commonwealth of Pennsylvania statute.
[Ord. No. 408, passed 1-12-2006]
Township employees are covered under current unemployment compensation insurance as required by law.
[Ord. No. 408, passed 1-12-2006]
The Township provides, at no cost to employees, short-term and long-term disability insurance covering non-service related disability. Further information about the amount and extent of such coverage is available from the Township Manager.
[Ord. No. 408, passed 1-12-2006]
The Township provides life insurance, including accidental death and dismemberment coverage, at no cost to employees.
[Ord. No. 408, passed 1-12-2006]
All regular full-time employees are entitled to retirement benefits as outlined in the current Non-Uniform Employees Pension Plan and Police Pension Fund Plan, as amended from time to time.
[Ord. No. 408, passed 1-12-2006]
As an additional retirement benefit employees have the option of having a selected amount of money set aside each pay period from the employee's pre-tax paycheck for investment. Arrangements can be made with the Controller and are outlined in the plan documents.
[Ord. No. 408, passed 1-12-2006]
All regular full-time employees shall be provided health insurance coverage for themselves, their spouse, and their unmarried dependent children to age 19, or to age 23 who are full-time students at an accredited school, college or university. The level of benefits is defined in greater detail in the program literature and currently includes wellness, vision, dental, prescription and hospitalization insurance benefits. The Township provides heath care coverage to employees with a minimal employee contribution based on a percentage of premium cost. In order to establish employee contribution, contact the Personnel Department.
[Ord. No. 408, passed 1-12-2006]
(a) 
Full-time employees who voluntarily terminate employment, or who are terminated may be eligible for continuation of health benefits. The Personnel Department will outline the steps necessary to apply for COBRA when the need arises.
(b) 
Premium costs. The cost of continuation coverage will be determined at the time the event occurs. The employee's cost will be the amount the insurance company charges for active employees with similar type of coverage. If the insurer delivers a premium increase or reduction, the COBRA participant's premiums be adjusted accordingly. The employee premium payments are due the first of each month.
[Ord. No. 408, passed 1-12-2006]
Members of collective bargaining units may have additional benefits awarded to them not listed above. Therefore, contracts should be reviewed in conjunction with these statements. Specific details of the above benefits are outlined in collective bargaining agreements, ordinances and policy information and by asking the Controller or Township Manager.
[Ord. No. 408, passed 1-12-2006]
(a) 
Employee responsibilities shall be to:
(1) 
Perform assigned duties to the satisfaction of the supervisor, the department head and the Township Manager.
(2) 
Render prompt and courteous service to the public at all times.
(3) 
Read, understand and comply with the rules and regulations set forth in this chapter as well as those of the assigned department.
(4) 
Report all unsafe conditions observed in the township and all work-related injuries observed or experienced as soon as is possible to the supervisor.
(5) 
Recommend ideas for improving efficiency and/or service in the Township.
(b) 
Departmental rules. A department head may establish additional rules of work and conduct for use in his or her department for that department's employees, which rules are not inconsistent with this chapter, the Charter and the management polices established by the Council and the Township Manager.
[Ord. No. 408, passed 1-12-2006]
Both the Township and employees benefit from employee attendance and participation in educational training opportunities. Therefore, it is the policy of the Township to encourage and assist in the professional development of all employees when such assistance is in the Township's best interest. Training programs shall be selected to improve the quality of service for the Township, equip employees for career development in municipal service, and provide a reservoir of occupational skills necessary to meet current and future program needs. Opportunities for training and development must be approved by the employee's department head or the Township Manager. Programs will be judged for their significance, appropriateness and cost.
[Ord. No. 408, passed 1-12-2006]
Tuition reimbursement for attendance at accredited institutions is available for full-time nonuniform employees who have completed a six-month probationary period. Reimbursement for tuition and required texts is subject to the following:
(a) 
Annual appropriation available in the approved Township budget is $4,500 per year.
(b) 
Prior approval by Township Manager of relevance of the course to the employee's responsibilities with the Township.
(c) 
Employees are required to apply for and utilize other financial assistance programs for which they are eligible before reimbursement by the Township plan.
(d) 
Reimbursement shall be based on the successful completion and grade attained for the approved course with up to 100% reimbursement contingent upon receipt of a passing grade of a C or better.
(e) 
Incomplete or withdrawn courses are not reimbursable.
(f) 
Registration fees, late charges, equipment, living or travel expenses are not reimbursable.
(g) 
Evidence of course completion, final grade and tuition receipts are necessary for reimbursement. With Council approval an employee may request tuition reimbursement prior to receipt of final grade. In the event of a failing grade, reimbursement must be repaid immediately.
(h) 
Educational courses shall not interfere with the employee's work responsibilities. Courses (besides training seminars) shall be pursued outside the employee's regularly scheduled work hours.
(i) 
Tuition reimbursement for Police Department employees shall be in accordance with provisions specified in the approved collective bargaining agreement.
[Ord. No. 408, passed 1-12-2006]
The Township may, by resolution, issue a manual or separate manuals by department to employees, which manuals shall supplement this chapter and be consistent herewith. Such manuals may include, but not limited to, job descriptions, rules and procedures for specific tasks and disciplinary policies. The term of this chapter, in which case this chapter shall control.