[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.
BOROUGH PROPERTY
BOROUGH VEHICLES
Definitions.
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.
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; by Ord. 962, 1/6/2003; and by Ord. No. 1205, 11/16/2020]
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.
E.
Effective January 1, 2022, the compensation shall be 0.50% of taxes
collected and deposited in Borough accounts beginning in calendar
year 2022 and beyond until such time that compensation is further
amended by ordinance.
[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:
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It shall be an unlawful employment practice for an employer —
| |
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. . . 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.)
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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.
[Added by Ord. No. 1240, 3/20/2023]
2.
Upper Management Positions.
A.
This section shall apply to the following upper management positions
within the Borough of Emmaus:
(1)
Borough Manager.
(2)
Assistant Borough Manager.
(3)
Chief of Police.
(4)
Deputy Chief of Police.
(5)
Director of Emergency Services/Fire Chief.
(6)
Deputy Director of Emergency Services.
(7)
Ambulance Chief.
(8)
Assistant Ambulance Chief.
(9)
Treasurer/Director of Finance.
(10)
Codes Department Manager.
(11)
Public Works Director.
(12)
Assistant Public Works Director.
(13)
Director of Parks, Recreation, and Facilities.
3.
Procedures for Open Positions.
A.
Vacant Positions Requiring Additional Employee/New Hiring.
(1)
If the Borough hires for any upper management position whereby
the intention is to hire an additional employee or to fulfill a vacated
position which may later result in additional hiring of a new employee
within the Borough, it is the policy of the Borough of Emmaus that
all open positions shall be advertised for consideration of both internal
candidates as well as external candidates. External advertising shall
include, but not be limited to, advertising in appropriate and generally
accepted advertising venues.
B.
Nonvacant Position Promotions.
(1)
If the Borough elects to fulfill an upper management position
whereby the current position is not considered vacant, but rather
an upper-level title is to be assigned to a current employee, the
Borough shall not be required to advertise the position. In such case,
the promoted employee shall have been a current member of the department,
and no vacancy would be created within the department as a result
of their promotion. Borough Council shall reserve the right to conduct
a promotion process from a current pool of qualified employees.
