Borough of Emmaus, PA
Lehigh County
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Table of Contents
Table of Contents
[Ord. 629, 11/16/1981, §§ 1-5]
1. 
From and after the effective date of this section, all of the accounts of the Borough of Emmaus for the year 1981, and all subsequent years, shall be audited by an Independent Auditor appointed each year by the Borough Council of Emmaus pursuant to the provisions of the Act of February 1, 1966, P.L. _____, No. 581, § 1005, as amended (53 P.S. 46005(7)).
2. 
Such Auditor shall be a certified public accountant or firm of certified public accountants registered in Pennsylvania.
3. 
Such Auditor shall be appointed annually by resolution of Borough Council at least 30 days prior to the close of the fiscal year to make an independent examination of all the accounts and accounting records of the Borough for the fiscal year then closing.
4. 
The compensation to be paid such Auditor shall be fixed by Borough Council.
5. 
The powers and duties of the Independent Auditor shall be as set forth in Section VII of the Act of February 1, 1966, P.L. _____, No. 581, § 1005, (P.A. 56006(7)), the text of which section is hereby adopted and incorporated by reference and made a part of this section to the same extent as though the same were set out verbatim.
[Ord. 505, 12/26/1973, §§ 1-3; as amended by Ord. 1146, 11/7/2016]
1. 
Members of the Emmaus Borough Council who are successfully elected and take the oath of office on or after January 1, 2018, shall receive compensation set in the amount of $2,800 per annum.
2. 
The Council President, elected among his or her peers, whose term of elected Borough Council office and whose oath of office is on or after January 1, 2018, shall receive compensation set in the amount of $3,250 per annum.
3. 
The Mayor of the Borough of Emmaus, whose term of elected office and whose oath of office is on or after January 1, 2018, shall receive compensation set in the amount of $3,600 per annum.
[Ord. 659, 4/16/1984, §§ 1-21; as amended by Ord. 675, 11/17/1986; by Ord. 862, 1/19/1998; and by Ord. 1156, 8/21/2017]
1. 
Creation of Office. The Office of Borough Manager is hereby created by the Borough of Emmaus, subject to the right of the Borough, by ordinance, at any time to abolish such office.
2. 
Appointment and Removal. The Borough Council shall elect by a majority vote of all members one person to fill the office of Borough Manager. That person shall serve at the pleasure of the Borough Council. The Borough Manager shall be subject to removal at any time by a majority vote of all of the members of the Borough Council. The Borough Manager need not be a resident of the Borough of Emmaus or of the Commonwealth of Pennsylvania at the time of his appointment, but shall, within a period of time agreed upon between Borough Council and the Borough Manager, become so and, during his tenure as Borough Manager, shall live within a twenty-air-mile radius of the Borough.
3. 
Qualifications. The Borough Manager shall be chosen solely on the basis of his executive and administrative qualifications without regard to age, race, color, creed, sex, disability, sexual preference, political affiliation, or any other protected class. The Borough Manager shall possess no less than a bachelor degree in business administration, public administration, or a closely related field. In lieu of a bachelor degree in the field of study, the Borough Manager may have a bachelor degree in another field and no less than 10 years' previous experience in municipal management.
4. 
Bond. Before entering upon his duties, the Borough Manager shall give bond to the Borough with a bonding company as surety in such sum as is set by resolution of Borough Council, conditioned for the faithful performance of his duties, premium for said bond to be paid by the Borough of Emmaus.
5. 
Compensation. The Borough Manager shall receive such compensation as shall be fixed from time to time by resolution of Borough Council.
6. 
General Duties.
A. 
The Borough Manager shall have and exercise all powers and duties assigned to him by statute, all powers and duties assigned to the Borough Secretary by statute, and such other authority as may be granted by the Borough Council. He shall be charged with the enforcement of all laws and ordinances within the municipality insofar as their enforcement is within the powers of the Borough, excepting however, that he shall in no way restrict, infringe, or supplant the authority of the police who are directly responsible by statute to the Mayor.
B. 
The Borough Manager shall attend all meetings of the Borough Council, shall keep the Council informed as to the affairs of the Borough, and shall recommend to the Borough Council such actions as may be necessary or expedient for the welfare of the Borough.
C. 
The Borough Manager shall be responsible for preparing the agenda for each meeting of the Council of the Borough of Emmaus and supply facts pertinent thereunto. The Borough Manager shall have the authority, when necessary, in consultation with the Council President or his/her designee, to call and schedule meetings, including, but not limited to, special meetings.
D. 
The Borough Manager or his/her designee shall handle all correspondence on behalf of the Borough of Emmaus.
E. 
The Borough Manager shall serve as the public relations manager of the Borough of Emmaus and shall maintain relations by newspaper releases, personal contact with citizens, handling complaints, addressing civil groups, and issuing an annual Manager's report.
7. 
Employees.
A. 
The Borough Manager shall administer, supervise and be responsible for the activities of all office and clerical employees of the Borough, other than such employees who may be assigned to the Police Department. The Borough Manager shall administer, supervise and be responsible for the activities of all code enforcement officials, including, but not limited to: Code Enforcement Officer, Zoning Officer, Building Official, Public Works Inspector, Plumbing Inspector, Fire Official, Safety Inspector, Surveyor, Health Officer, or their assistants. He shall have charge of all personnel of Highway, Water, Sewer, Parks and Recreation, Accounting, employed personnel in the Fire Department, Ambulance Department, and General Administration Departments. The Borough Manager shall represent the Borough Council in matters relative to the union and union members and shall issue all work rules and disciplinary notices to union employees on behalf of the Borough Council.
B. 
In addition, the Borough Manager shall administer, supervise and be responsible for activities of any other Borough employees who shall be assigned to his jurisdiction by ordinance or resolution of the Borough Council or assigned to his jurisdiction by the Mayor, in writing, as provided under Subsection 21.
C. 
The Borough Manager shall investigate and dispose of, or designate an officer to investigate and dispose of, all complaints regarding Borough of Emmaus services and personnel, and shall report to the Council of the Borough of Emmaus thereon. All complaints regarding Borough of Emmaus services shall be referred to the office of the Manager.
D. 
The Borough Manager shall hire and, when necessary for the good of the Borough of Emmaus, suspend or discharge any employee under his/her supervision, provided that persons covered by the civil service provisions of the Borough of Emmaus Code and the Pennsylvania Borough Code shall be hired, suspended or discharged in accordance with such provisions, and provided further that the Manager shall report, at the next meeting thereafter of the Council of the Borough of Emmaus, any action taken by authority of this subsection; it is expressly understood and agreed that notwithstanding any other provision of this part, department managers and full-time employees of the Borough of Emmaus shall be hired and discharged only by vote of the Council of the Borough of Emmaus after consultation with the Borough Manager. Neither Borough Council nor any member of the Borough Council shall dictate or attempt to influence the hiring of any person to, or their discharge from, municipal employment by the Manager, or in any manner take part in the hiring, suspending, or discharge of employees, except as otherwise outlined in this section.
E. 
Any of the above duties may be assigned by the Borough Manager to any subordinate officials, but the overall responsibility for proper execution of said duties remains with the Borough Manager.
8. 
Planning. The Borough Manager shall be responsible for planning, initiating, supervising, completing, costing and documenting all projects and activities of all Borough Departments. He shall maintain priorities in consonance with the requirements of committee chairmen and shall be responsible to the appropriate committee of Council for all works and projects of these departments. He shall insure that all activities under his jurisdiction are accomplished in a timely and orderly manner.
9. 
Contracts.
A. 
The Borough Manager shall examine all proposed contracts to which the Borough may be a party and may sign on behalf of the Borough any contract authorized by the Borough Council, excepting where the Borough Council directs that some officer or officers shall do so.
B. 
It shall be the duty of the Borough Manager to see to it that all terms of any contract to which the Borough is a party are fully performed by all parties thereof.
C. 
It shall be the responsibility of the Borough Manager to see that the provisions of all franchises, leases, permits, and privileges granted by the Council of the Borough of Emmaus are observed.
D. 
The Borough Manager shall also be responsible to employ, by and with the approval of the Council of the Borough of Emmaus, experts and consultants to perform work and to advise the Borough.
10. 
Purchases.
A. 
The Borough Manager shall serve as the fiscal officer of the Borough of Emmaus and shall be ultimately responsible for all purchasing, accounts payable, and accounts receivable. The Borough Manager shall serve as the purchasing officer of the Borough of Emmaus and purchase, in accordance with provisions of the Borough of Emmaus Code and Pennsylvania Borough Code, all supplies and equipment for the agencies, boards, departments, and other offices of the Borough of Emmaus. The Manager shall keep an account of all purchases and shall, from time to time or when directed by the Council of the Borough of Emmaus, make a full written report thereof. He shall also issue rules and regulations to department managers, subject to approval of the Council of the Borough of Emmaus, governing the procurement of all municipal supplies and equipment. No purchase shall be made or obligation incurred excepting upon authorization by Borough Council and no expense shall be incurred, except for the purpose for which no prior appropriation is required by law if the amount thereof is not covered by an unexpended appropriation for the purpose.
B. 
Any of the above duties may be assigned by the Borough Manager to any subordinate officials, but the overall responsibility for proper execution of said duties remains with the Borough Manager.
11. 
Appropriation and Levies. The Borough Manager shall see that all money owed the Borough is promptly paid, and that proper proceedings are taken for the security and collection of all the Borough's claims.
12. 
Accounts. It shall be the duty of the Borough Manager to keep current accounts showing at all times the fiscal condition of the Borough, including the current and anticipated expenses, appropriations, cash on hand and anticipated revenue of all municipal funds and accounts, and he shall see to the collection of all money due the municipality.
13. 
Budgeting and Fiscal Responsibilities.
A. 
It shall be the duty of the Borough Manager to prepare and submit to the Borough Council a preliminary budget for the next fiscal year and an explanatory budget message, in such a timely fashion as will enable the Council of the Borough of Emmaus to consider and adopt the budget and related tax ordinances according to the requirements of the Pennsylvania Borough Code. In preparing the budget, the Manager or an officer designated by him/her, shall obtain from the head of each department, agency, or board, or any qualified officer thereof, estimates of revenues and expenses and such other supporting data as is required. The Manager shall review such estimates and may revise them after consultation with the submitting party prior to submitting the budget to the Council of the Borough of Emmaus. The Borough Manager shall submit to the Council of the Borough of Emmaus a preliminary budget by October 31 of each year.
B. 
The Borough Manager shall be responsible for the administration of the budget after its adoption by the Council of the Borough of Emmaus. The Borough Manager shall also be responsible for developing, in conjunction with preparation of the budget, long-range fiscal plans for the Borough of Emmaus, with such plans to be presented annually to the Council of the Borough of Emmaus for its review, consideration, and adoption.
C. 
The Borough Manager shall be responsible to maintain all Borough accounts and financial records.
D. 
Any of the above duties may be assigned by the Borough Manager to any subordinate officials, but the overall responsibility for proper execution of said duties remains with the Borough Manager.
14. 
Inventories/Property. The Borough Manager shall keep a current inventory showing all real and personal property of the Borough and its location, and shall be responsible for the care and custody of all such property, including equipment, buildings, parks and all other Borough property which is not by law assigned to some other officer or body for care and control.
15. 
Reports and Publications.
A. 
It shall be the duty of the Borough Manager to see to the publication of all notices, ordinances, or other documents required by law to be published, and to prepare or cause to be prepared, all reports which the Borough or any of the officials thereof are required by law to prepare.
B. 
The Borough Manager shall submit to the Council, as soon as possible after the close of the fiscal year, a complete report on the finances and administrative activities of the Council of the Borough of Emmaus as well as those for the Borough of Emmaus for the preceding year.
16. 
Records/Certificates.
A. 
The Borough Manager shall prepare and have custody of all municipal records required by law to be kept by the Borough and not by a specific officer. Where the law makes it the duty of a specific officer to keep or maintain records, the Borough Manager shall make available to such officer all necessary clerical assistance for the preparation of such records and shall make available a place for the custody of such records. And in compliance herewith, the Borough Manager shall make available to the Clerk stenographic or clerical assistance necessary for the preparation of the journal of Council proceedings and the record of ordinances and all other documents which by law the Clerk is required to keep; and he shall perform similar service for the Treasurer in the maintenance of bond registers and all other records or documents which by law the Treasurer is required to keep or prepare.
B. 
Where the law requires or provides for certification of any records or documents by any officer of the Borough, the Borough Manager shall cause such records or documents to be properly prepared and presented to such officer for his signature.
17. 
Collector and Comptroller. The Borough Manager shall be ex officio Borough collector and Borough comptroller unless such officers, or either of them, are duly filled by appointment; and he shall perform the duties of each such office in the absence of such appointment to either of them.
18. 
Maps/Plats. The Borough Manager shall cause to be kept a complete set of maps and plats showing the location of all Borough utilities and other Borough properties, all street and other public places, and all lots or parcels of land subdivided according to law.
19. 
Offices.
A. 
The Borough Manager shall maintain an office in Borough Hall and shall spend such time in the performance of his duties as may be required by Borough Council.
B. 
The Borough Manager shall hold such other Borough of Emmaus offices and head such Borough of Emmaus departments as the Council of the Borough of Emmaus may from time to time direct, provided the office held is allowable by the Pennsylvania Borough Code.
20. 
Grants and Other Funding.
A. 
The Borough Manager shall be responsible to apply for and manage grants, as directed by Borough Council. The Borough Manager shall become familiar with federal and state funding regulations and programs and shall report to Council periodically on the availability of programs in the form of grants and/or loans with a recommendation as to projects for which the Borough might qualify.
B. 
The Borough Manager shall also be required to be familiar with all state and federal contracts and funding requirements, including, but not limited to, Community Development Block Grants, Pennsylvania Liquid Fuels, Pennsylvania Firemen's Relief, and Pennsylvania Co-Stars.
21. 
Absence from Borough. In the event the Borough Manager shall be absent from the Borough or incapacitated from performing the duties of his position, the Assistant Borough Manager or in the absence of an Assistant Borough Manager, a designee appointed by Borough Council, shall act as Borough Manager during such absence or incapacity.
22. 
Mayor's Powers and Duties. The Mayor is hereby authorized to delegate, in writing, to the Borough Manager subject to recall by written notification at any time, any of his nonlegislative and nonjudicial powers and duties.
[Ord. 842, 2/18/1997, § I-IV]
1. 
Definitions.
BOROUGH PROPERTY
Any electronic equipment, tools, hardware, materials or live animals purchased by or donated to the Borough of Emmaus and in possession of the Borough, which have not been formally liquidated or disposed of by the Borough.
BOROUGH VEHICLES
Any and all motorized vehicles licensed for use on the roadways or which have been purchased by or donated to the Borough of Emmaus, and for which the Borough of Emmaus holds legal title and which have not been liquidated or disposed of in accordance with the provisions of the Borough Code and the Ordinances of the Borough.
2. 
Use of Borough Property and Vehicles. From and after the effective date of this section, where an officer or employee of the Borough of Emmaus intends to use a Borough vehicle for travel beyond the territorial limits of the Commonwealth of Pennsylvania or utilize other Borough property outside of the territorial limits of the Commonwealth of Pennsylvania, prior approval must be obtained from the Borough Council before such use except as hereinafter specified. Said request for use may be presented through a department head or the Borough Manager, setting forth the reason for the use of a Borough vehicle or Borough property outside of the Commonwealth, as well as the date and expected duration of such use. Such request for use may be acted upon by motion memorialized in the minutes of the Borough Council.
3. 
Exceptions.
A. 
Emergencies. Prior approval of the use of a Borough vehicle or Borough property outside the territorial jurisdiction of the Commonwealth of Pennsylvania shall not be required in bona fide emergency situations such as hot pursuit by a police vehicle or in response to a request for mutual aid in an emergency situation, or to acquire products or materials on an emergency basis (i.e. road materials, snow treatment materials, pipes or fittings, fire suppression or absorption equipment, etc.). In such event, report of such emergency and vehicle or property use shall be made to the Borough Council at the next regular meeting of Council.
B. 
Scheduled Routine Use or Repair. Individualized prior approval of Borough Council shall not be required for use of ambulances for patient transport, use of police vehicles for extradition or court-ordered business; or where property (not including motor vehicles) is mailed or shipped out of State for repair, service or maintenance.
4. 
Penalty. Unauthorized use of a vehicle or property owned by the Borough of Emmaus in contravention of this section may result in disciplinary action including, but not limited to, letter of reprimand placed in an employee's file, termination of the employment of the employee if warranted by circumstances or other disciplinary action as permitted by any applicable collective bargaining agreement.
[Ord. 840, 2/3/1997, §§ 1, 2; as amended by Ord. 861, 1/5/1998; and by Ord. 962, 1/6/2003]
1. 
The compensation of the elected Tax Collector shall be based on a commission representing an established percentage of revenues collected as follows:
A. 
Effective January 1, 1998, the compensation shall be 0.667% of taxes collected and deposited in Borough accounts in calendar year 1998.
B. 
Effective January 1, 1999, the compensation shall be 0.694% of taxes collected and deposited in Borough accounts in calendar year 1999.
C. 
Effective January 1, 2000, the compensation shall be 0.722% of taxes collected and deposited in Borough accounts in calendar year 2000.
D. 
Effective January 1, 2001, the compensation shall be 0.750% of taxes collected and deposited in Borough accounts in calendar year 2001.
2. 
Contingencies. This subsection identifies contingencies to address potential changes in compensation as a direct result of potential changes in taxes:
A. 
In the event that the per capita tax is eliminated by the Commonwealth of Pennsylvania during the period covered by this section, the elected Tax Collector shall be paid a minimum commission representing 80% of the estimated amount of the total commission for all taxes collected that would have been paid if there was no change in the per capita tax.
B. 
In the event that Emmaus Borough increases tax millage subsequent to the adoption of this section during the calendar year 1997 and in the period covered by this section, the Tax Collector compensation will be an additional 0.1% (one tenth of one percent) of the estimated additional revenue generated by the additional millage.
C. 
In the event that Emmaus Borough decreases tax millage subsequent to the adoption of this section during calendar year 1997 and in the period covered by this section, the Tax Collector compensation rate will not be affected.
[Ordinance 841, 2/3/1997, §§ 1, 2; as amended by Ord. 881, 3/15/1999]
1. 
The following procedures for the collection and payment of revenues to the Borough of Emmaus are established for the elected Tax Collector:
A. 
The Tax Collector shall establish and maintain an account for the daily deposit of collected taxes and revenues. The Tax Collector shall make transfers of all account funds to an account designated by the Borough two times per week. In the event that the daily balance of the Tax Collector's account is $1,000 or less, the Tax Collector shall make a deposit one day per week. The Borough authorized the Tax Collector to retain a maximum balance of $1,000 in the Tax Collector's account. The Borough reserves the unilateral right to modify this maximum retained amount based on the needs of the Borough.
B. 
The Tax Collector shall continue to provide deposit and transfer information to the Borough on a periodic basis as determined by the Borough. The Tax Collector shall provide other reports as necessary for the effective and efficient management of tax collection records and payment of compensation to the Tax Collector. The above information shall be provided on paper or electronic media depending upon the needs of the Borough and the capability of the tax collection records system.
2. 
Fee for Returned Checks. The Borough authorizes the Tax Collector to charge a fee for the handling of returned checks. In addition to recovering any bank fees for returned checks from taxpayers, the Tax Collector may charge an additional fee up to 150% of the fee charged by the bank for the returned check and any other bank fee resulting from a potential overdraft or line of credit. In addition, the Borough authorizes the Tax Collector to charge a fee of $3 per bill to the requesting party for a duplicate bill. Any of the fees identified in this section shall be charged to the taxpayer. No fees shall be charged to Emmaus Borough.
[Ord. 853, 7/28/1997]
1. 
Sexual Harassment Policy of the Borough of Emmaus.
A. 
Background. Section 703(a)(1) of Title VII, 42 VII, 42 U.S.C. § 2000e-2(a) provides:
It shall be an unlawful employment practice for an employer — 
. . . to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin[.]
In 1980, the EEOC issued guidelines declaring sexual harassment a violation of § 703 of Title VII, establishing criteria for determining when unwelcome conduct of a sexual nature constitutes sexual harassment, defining the circumstances under which an employer may be held liable and suggesting affirmative steps an employer should take to prevent sexual harassment. This policy is enacted by the Borough of Emmaus which the intention of complying with the statutory provisions and the "Policy Guidelines on Sexual Harassment" published by the EEOC (N-915-050, 3/19/90 and subsequent revisions.)
B. 
Scope. This policy covers all public officials and employees of the Borough of Emmaus including, volunteer, part-time and seasonal employees.
C. 
Definitions.
(1) 
Sexual Harassment. Title VII does not prohibit all conduct of a sexual nature in the workplace. Thus, it is crucial to clearly define sexual harassment: only unwelcome sexual conduct that is a term or condition of employment constitutes a violation. 29 CFR 1604.11(a). The EEOC's guidelines define two types of sexual harassment: "quid pro quo" and "hostile environment." The guidelines provide that "unwelcome" sexual conduct constitutes sexual harassment when "submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment," 29 CFR 1604.11(a)(1). "Quid pro quo harassment" occurs when "submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual," 29 CFR 1604.11(a)(2). The EEOC's guidelines also recognize that unwelcome sexual conduct that "unreasonably interfer[es] with an individual's job performance" or creates an "intimidating, hostile or offense working environment" can constitute sex discrimination, even if it leads to no tangible or economic job consequences.
(2) 
Unwelcome Conduct. Sexual harassment is "unwelcome . . . verbal or physical conduct of a sexual nature . . ." 29 CFR 1604.11(a). Because sexual attraction may often play a role in the day to day social exchange between employees, "the distinction between invited, uninvited-but-welcome, offensive-but-tolerated, and flatly rejected" sexual advances may well be difficult to discern. Barnes v. Costle, 561 F.2d 983, (D.C. Cir. 1976). But this distinction is essential because sexual conduct becomes unlawful only when it is unwelcome. In Henson v. City of Dundee, 682F.2d at 903, the Eleventh Circuit provided a general definition of "unwelcome conduct" as: the challenged conduct must be unwelcome "in the sense that the employee did not solicit or incite it, and in the sense that the employee regarded the conduct as undesirable or offensive."
D. 
Restatement of Policy. Emmaus Borough values our employees and volunteers and is committed to providing a safe and secure workplace. It continues to be the policy of the Borough that sexual harassment of employees, elected and appointed officials, volunteers, seasonal employees or applicants for employment is unacceptable conduct which will not be tolerated by the Borough. Sexual harassment includes any unwelcome sexual advances, requests for sexual favors and other verbal, visual or physical conduct of a sexual nature. No supervisor or other employee shall threaten or insinuate, either explicitly or implicitly, that another employee's or applicant's refusal to submit to sexual advances will adversely affect that person's employment, work status, evaluation, wages, advancement, duty assignments, shifts or any other condition of employment or career development. Similarly, no employee shall promise, imply or grant any preferential treatment in connection with another employee or applicant engaging in sexual conduct or the promise thereof.
E. 
Reporting and Complaint Procedure. Any employee or volunteer who feels that he or she is a victim of sexual harassment by any supervisor, management official, other employee or any other person in connection with employment or service with the Borough should bring the matter to the immediate attention of their supervisor and complete and sign an incident report. An employee who is uncomfortable for any reason in bringing such matter to the attention of his or her supervisor should report the matter and submit the incident report to the Borough Manager. Any questions about this policy or potential sexual harassment should also be brought to the attention of the same persons. The Borough will promptly investigate all allegations of sexual harassment in a manner which will protect the confidentiality of the persons involved as much as possible during the investigation and take appropriate corrective action, up to and including dismissal from position, if warranted.
F. 
Sanctions, Discipline, Dismissal Resulting from Violation of Policy. Any employee or volunteer who is determined, after an investigation, to have engaged in sexual harassment in violation of this policy will be subject to appropriate sanctions up to and including termination. In the event of suspension, reassignment, loss of salary, loss of position or termination of employment, the Borough shall follow the applicable provisions of the collective bargaining agreement, if any, or the disciplinary procedures of the Borough if contractual provisions do not apply.
G. 
Education and Questions Regarding Policy. The Borough Manager shall assure that all new employees receive orientation including the terms of this policy, and sign a statement acknowledging review of this policy within three weeks of their hire date. The Borough Manager shall also assure that current employees review and receive training concerning this policy and sign a statement acknowledging review of this policy within two months of the enactment of this section. Any questions regarding this policy should be directed to the Borough Manager.
2. 
Physical Assault, Violence and Harassment Policy of the Borough of Emmaus.
A. 
Scope. This policy covers all public officials and employees of the Borough of Emmaus, including volunteer, part-time and seasonal employees.
B. 
Definitions. The terms "violence" and "threats of violence" shall include, without limiting the language thereof:
(1) 
Obscene language directed toward a person, or verbal attempts to intentionally threaten, ridicule or provoke another person.
(2) 
Direct verbal threats of violence to an individual or group.
(3) 
Harassing or intimidating behavior because of an individual's race, sex, creed, color, national origin, disability, marital status or sexual orientation.
(4) 
Physically touching another person in an intimidating, malicious or sexually harassing manner. This includes, among other behaviors, hitting, spitting on slapping, kicking, pinching, grabbing, pushing, shoving, striking or throwing objects at another person.
(5) 
In the workplace or while on duty, being in possession of and/or displaying dangerous weapons, including firearms, explosives, knives, blackjacks, brass knuckles or other weapons which would pose a threat to others without a lawful reason to possess such weapon.
C. 
Restatement of Policy. Emmaus Borough values our employees and is committed to providing a safe and secure workplace. The Borough will not tolerate violate or threats of violence in our workplace and will take action in any situation where an employee is found to have violated this policy up to and including termination of employment or service.
D. 
Reporting and Complaint Procedure. Any person or volunteer who feels that he or she is a victim of violence, threat of violence, physical assault, battery or harassment by any supervisor, management official, other employee or any other person in connection with employment or service with the Borough should bring the matter to the immediate attention of their supervisor consistent with the procedures for reporting other workplace safety concerns.
E. 
Sanctions, Discipline or Dismissal May Result From Violation of Policy. Any employee or volunteer who is determined, after an investigation, to have engaged in the conduct prohibited hereinabove, will be subject to appropriate sanctions up to and including termination. In the event that suspension, loss of salary, loss of position or termination of employment, the Borough shall follow the applicable provisions of the collective bargaining agreement, if any, or the disciplinary procedures of the Borough.
F. 
Education and Questions Regarding Policy. The Borough Manager shall assure that all new employees receive orientation including the terms of this policy and sign a statement acknowledging review of this policy within three weeks of hire date. The Borough Manager shall also assure that current employees receive training and review of this policy and sign a statement acknowledging review of this policy within two months of the enactment of this section. Any further questions should be directed to the Borough Manager.