[HISTORY: Adopted by the Township Council of Peters Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-19-1976 by Ord. No. 158 (Ch. 1, Part 3, of the 1981 Code of Ordinances)]
Under the authority granted to the Township Council by the Home Rule Charter, the following personnel principles and policies are established:
Employment and promotion in the Township government shall be based on merit and be free of personal and political considerations;
Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in operation of the Township Government;
Positions having similar duties and responsibilities shall be classified and compensated for on an approximately uniform basis;
Appointments, promotions, and other personnel actions requiring the application of the merit principle shall be based on individual evaluation of applicants;
Every effort shall be made to stimulate high morale by fair administration of this article and by every consideration of the rights and interest of employees, consistent with the best interests of the public and the Township; and
Continuity of employment covered by this article shall be subject to good behavior, satisfactory performance of work, necessity for the performance of work, and availability of funds.
All offices and positions of the Township shall be and are hereby allocated to the classified service and the exempt service. The exempt service shall include all elected officials and members of citizen boards and commissions, the Township Manager, Township Secretary Treasurer, one Assistant Township Manager, department heads, members of the volunteer fire department, part-time employees, and all personnel who may be appointed to serve without compensation. The classified service shall include all other full-time positions in the Township service which are not specifically placed in the exempt service by this article. Unless specifically designated otherwise, personnel policies and rules shall apply to employees of the classified service.
The Township Manager shall have the basic responsibility for the personnel program as set forth in this article. He specifically shall:
Be responsible for effective personnel administration;
Appoint, remove, suspend, and discipline all officers and employees of the Township subject to the policies set forth in this article, provisions of the Home Rule Charter, and those in state law;
Fix and establish the number of employees in the various Township departments and offices, and determine the duties and compensation in accordance with the policies set forth in this article, and subject to the approval of the Township Council and budget limitations; and
Perform such other duties and exercise such other powers in personnel administration as may be prescribed by law and this article;
Perform all lawful and necessary duties essential to the effective administration of the personnel system;
Recommend personnel rules, regulations, amendments thereto, for the consideration of the Township Council;
Recommend a position classification plan for approval by Council, and install and maintain such a plan;
Prepare and recommend to the Council a pay plan for all Township employees for Council approval;
Establish and maintain a roster of all persons in the Township service, setting forth each officer and employee, class title of his position, salary, any changes in class title, status, and such other data as may be deemed desirable or useful;
Develop and administer such recruiting programs as may be necessary to obtain an adequate supply of competent applicants to meet the needs of the Township;
Be responsible for certification of all payrolls;
Develop and coordinate training and educational programs for Township employees;
Investigate periodically the operation and effect of the personnel provisions of this article and the rules, and, at least annually, report his findings and recommendations to the Council.
The Township Council Chairman shall appoint from among Council members a Personnel Appeals Committee of three members.
Powers. The Committee shall hear appeals submitted in writing by any department head relative to any suspension or demotion. With respect to all other employees, the Committee shall hear appeals relative to any suspension, demotion, or dismissal. The Committee shall submit a written statement of facts, findings, and recommendations to the Council. When the Council finds the action appealed has been the result of political, age, sex, race, color, religious creed, ancestry or national origin prejudice, the Committee's findings shall be final and conclusive. The hearing by the Committee shall be open to the public, if requested by the employee. Personnel appeals procedure is provided in "Township Personnel Rules and Regulations."
The Township Manager shall present to the Township Council personnel rules and regulations to be adopted by the Township Council.
Amendments to the rules and regulations may be proposed by the Township Manager and will become effective upon approval by the Township Council.
The personnel rules and regulations shall provide procedures for the employment of persons on the basis of merit in conformity with this article. Such procedures shall include, but not be limited to, the following:
An orderly and systematic method of recruitment to insure that all those employed will be hired on a merit basis, and the establishment of qualified lists for employment purposes;
Provisional appointments in the absence of appropriate employment lists; provided, however, that employment lists shall be established for such a position within 12 months, and that no person shall be employed by the Township under provisional appointment for a total of more than 12 months;
During the period of suspension of an employee, or pending final action of proceedings to review the suspension, demotion, or dismissal of an employee, the vacancy created may be filled by the employing authority, only by provisional appointment; and
In the event of emergency, the appointing authority may appoint such persons as are required to meet the situation, but such appointments shall not exceed 30 working days in any twelve-month period.
In preparing the classification plan as called for in this article (See § 44-1.), the Township Manager shall ascertain the duties, authority, and responsibility of all positions subject to the article. After consultation with department heads and employees, he shall prepare and recommend to the Council a position classification plan which shall group all positions in the competitive service, department heads, assistants to the Township Manager, and Township Secretary-Treasurer, in classes based on their duties, authority, and responsibilities. The position classification plan shall set forth for each class or position a class title, a statement of duties, authority, and responsibilities thereof, and the qualifications that are necessary or desirable for the satisfactory performance of the duties of the position.
The Township Manager shall develop a uniform and equitable pay plan consisting of minimum, intermediate, and maximum rates of pay for each class of positions. Salary ranges for each class shall be coordinated with the position classification plan, and shall be based on the ranges of pay for other classes, requisite qualifications, general rates of pay for comparable work in other public and private employment in the area, cost-of-living data, suggestions of department heads and employees, maintenance or other benefits received by employees, the financial policy of the Township, and other economic considerations.
The Township Manager shall give the employees the opportunity to make suggestions and recommendations concerning the classification and pay plans. After receiving such suggestions and recommendations, the Township Manager shall review this information and shall make such modifications as he believes proper and submit the plan to the Township Council. The Township Council shall adopt such plan as presented or as amended by resolution. The plans may be amended from time to time in the same manner as they were adopted.
Editor's Note: Said plans and amendments are on file in the Township offices.
On the effective date of a new or revised pay plan, employees receiving less than the minimum rate for their class shall be increased to the minimum rate of the salary range. Employees receiving more than the maximum rate of their class shall continue to receive the same rate. Employees whose pay rates fall within the range for the position shall continue at that rate.
The rules and regulations shall provide that all original and promotional appointments shall be for a probationary period of not less than three months nor more than six months. During this probationary period, an employee may be dismissed at any time without right of appeal or hearing in any manner. The employee dismissed during the probationary period from a position to which he had been promoted may be reinstated to the position from which he had been promoted, unless charges are filed and he is discharged, as provided in this article and the rules.
The Township Manager may suspend an employee without pay for disciplinary purposes. No employee shall be suspended for more than 30 days in any calendar year, except that extensions may be made pending any investigation and hearing. The Township Manager may demote or dismiss an employee whose work is unsatisfactory. Written notice of the action shall be served upon the employee affected and filed with the Chairman of Council before it shall become effective.
Any regular employee who is suspended, demoted, or dismissed may appeal to the Appeals Board, in writing, within 30 days after such action is taken. The personnel rules and regulations shall establish an appeal procedure.
[Amended 7-8-2019 by Ord. No. 844]
No person in the employment of the Township, or seeking admission thereto, shall be discriminated against because of political opinions or affiliations or because of race, color, religion/creed, sex, disability, marital status, age, national origin, ancestry, veteran status, or any other characteristic protected by the applicable federal or state laws. This commitment applies, but is not limited, to decisions made with respect to hiring, placement, compensation, benefits, promotions, demotions, transfers, terminations, layoffs, return from layoffs, administration of benefits, and all other terms and conditions of employment. Likewise, employees are responsible for respecting the rights of their coworkers.
Unless the Township Council shall by unanimous vote, which vote shall be recorded as part of its official proceedings, determine that the best interests of the Township shall be served, the following relatives of any elective or appointive officer are disqualified from holding any appointive office or employment during the term for which said elective or appointive officer was elected or appointed: spouse, child, parent, grandchild, grandparent, brother, sister, half brother, half sister, or the spouses of any of them. All relationships shall include those arising from adoption.
No employee of the Township shall take any active part in political campaigns or in political management, including the solicitation of political contributions, except with respect to the candidacy of himself or of a member of his immediate family.
A Township employee shall resign his position before becoming a candidate for public office; a member of the Council shall resign his office before becoming a candidate for any office other than the Council.
No person shall solicit political contributions for any candidacy or election issue from any employee of the Township.
Officers and employees of the Township may not accept gifts from any persons who may gain personally from any transaction with the Township.
Any Township officer or employee who willfully violates the requirements of this section shall forfeit his office or position.
No officer, agent, clerk or employee under the government of the Township shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving any assessment, subscription, contribution or political service, whether voluntary or involuntary, for any political purpose whatever, from any employee or prospective employee on the qualified lists.
Any employee who shall have served continuously for a period of at least six months immediately prior to the effective date of this article shall, upon certification by the appointing authority that his work has been satisfactory, assume regular status in the position held on such effective date, without preliminary employment investigation, and shall thereafter, be subject in all respects to the provisions of this article. Persons who have held positions less than the regular probationary period established for their positions shall be regarded as probationers, and may be certified in the same manner when they satisfactorily complete the regular working test period from the date of original appointment.
Department heads and employees of the Township shall, during usual business hours or emergencies, grant to the Township Manager or his designated representative free access to premises and records under their control and shall furnish such assistance and information as may be required in carrying out the functions of the Township government. Failure to comply shall be subject to all penalties and remedies provided by law for the failure of a public officer or employee to do any act required of him by law.
In any investigation or hearing conducted by the Appeals Board, any member of the Board shall have the power to examine witnesses and to issue subpoenas to require the attendance of witnesses and/or the production of books, documents, and papers pertaining to any hearing. The subpoenas shall be issued in the name of the Township and attested to by the Township Manager. It shall be the duty of the Police Department of the Township to cause all such subpoenas to be served. Any witness who refuses to obey such summons or subpoena, or who refuses to be sworn or affirmed to testify, or is guilty of any contempt after notice to appear, may be punished as for contempt of court, and for this purpose, an application may be made to the Court of Common Pleas of Washington County, which Court has territorial jurisdiction over the area where the alleged offense was committed and for which purpose such Court is hereby given jurisdiction. Each member of the Appeals Board shall have the power to administer oaths to witnesses.
The Township Council may contract with any competent agency for the performance by such agency of such technical service in connection with the establishment of the personnel system or with its operations as may be desired. Said contract may include the delegation to such an agency of the duties herein imposed upon the Township Manager, but shall not include the delegation to such agency of the powers and duties herein vested in the Township Council.
The Township Manager is authorized to consult with, or receive suggestions from individual Township employees, groups of employees, or representatives of organizations of Township employees concerning matters of personnel policy, except where policies conflict with any contracts. Where appropriate, the Township Manager may refer any requests from employees to the Township Council, along with his recommendations for its consideration. On matters within the discretion of the Township Manager, he shall give due consideration to the views of employees. However, nothing herein shall be interpreted as depriving the Township Council or the Township Manager of the right to make a final decision on matters for which they have ultimate responsibility.
In order to properly implement this article, a set of personnel rules and regulations has been promulgated in order to establish normal procedures which will serve as a guide to administrative action concerning the various personnel activities and transactions contemplated by this article. These personnel rules and regulations are designed and intended to indicate the customary and most reasonable methods whereby the purposes of the personnel program as outlined in this article can be effectuated. It is contemplated that as the personnel merit system is implemented pursuant to the Home Rule Charter and this article, the rules and regulations may be from time to time amended and revised. The personnel rules and regulations as outlined above, and as the same may be from time to time amended and revised, are therefore hereby incorporated herein by reference thereto with the same force and effect as though each and every one of the personnel rules and regulations were set forth at length in this ordinance and these rules and regulations are marked Exhibit "A" and expressly made a part hereof.
Editor's Note: A complete copy of the ordinance and said rules and regulations are on file in the Township offices.
The annual budget submitted by the Township Manager shall include a specific request for such funds as are necessary to carry out the provisions of this article.
Wherever a provision of an agreement or contract or an arbitration award with any duly constituted group or association in the Township is in conflict with this article as it applies to the various employees who are subject to it, the terms of the contract, agreement or arbitration award shall apply and take preference over the provisions of this article, but only to the extent that a conflict exists. All other provisions of this article which are not subject to a conflict shall be, nevertheless, fully applicable in the premises.