[HISTORY: Adopted by the Borough Council of the Borough of
Vandergrift as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-18-1958 by Ord. No. 5-1958 (Ch. I, Part 8A, of the 1970 Code
of Ordinances)]
The term "Borough employee," as used in this article, shall
include all persons employed by the Borough of Vandergrift, except
persons elected to Borough office by the voters; part-time, seasonal
and temporary employees; the Secretary of Council and Solicitor.
All Borough employees, now or hereafter, so long as this article
remains in effect, shall be and are hereby entitled to the benefits
hereof.
Any such employee shall be considered to be an employee within
the meaning of this article and shall be entitled to the benefits
hereunder only if:
Authority is hereby given to the Insurance Committee of Council
to negotiate and purchase a group life insurance policy or policies
on the lives of all Borough employees, except police officers, who
now or hereafter meet the conditions of employment and service above
set forth. Such policy or policies of insurance shall insure the life
of each eligible employee in an amount of $2,000, and each eligible
employee shall select his own beneficiary to whom the proceeds thereof
shall be payable. The terms of the policy or policies shall be determined
by the Insurance Committee and the Borough employees.
Authority is hereby given to the Insurance Committee to insure
the health of the Borough employees who now or hereafter meet the
conditions of employment set forth above by negotiating and purchasing
a group policy of hospitalization, surgical and medical service and
disability insurance, at regular rates, the terms of which policy
are to be determined by the Borough Insurance Committee and the Borough
employees.
The Borough shall contribute $6 monthly of the monthly premium
for each employee, and the participating employee shall contribute
the remainder. When an employee covered by such insurance voluntarily
leaves the service of the Borough, or is discharged or retired from
his employment, the contribution out of Borough funds on behalf of
such employee shall cease, and all liability for payment thereof by
the Borough on behalf of such employee shall cease. In the event that
the policy so provides, the employee leaving the employ of the Borough,
as aforesaid, may convert such policy for his own benefit, and thereafter
pay the premium on his own behalf, without any liability on the part
of such employee for contributions theretofore paid on his behalf
by the Borough pursuant to this article.
It is hereby declared as a policy of the Council that no employee
who now or hereafter may benefit from the provisions of this article
shall have a vested right to the benefits conferred hereby and that
the Borough may at any time hereafter repeal, annul, abrogate or change
any or all of the provisions of this article or the benefits conferred
thereby without any liability on the part of the Borough to continue
thereafter the contribution towards the monthly premium for any of
the insurance mentioned herein, if such future action of the Borough
should so provide.
It is hereby further declared as a policy of Council that, as
a condition of employment, an employee of the Borough as defined above,
for as long as this article remains in effect, is required to subscribe
to the within provisions of this article and to maintain the necessary
policy or policies of insurance as above set forth.
[Adopted 9-9-1996 by Ord.
No. 5-1996 (Ch. I, Part 8B, of the 1970 Code of
Ordinances)]
A.
The population of the Borough of Vandergrift has declined in recent
years, most notably in comparison with population trends in Westmoreland
County and the surrounding communities; and
B.
Unemployment in the Borough of Vandergrift presently exceeds the
level of Westmoreland County and the surrounding communities; and
C.
The Borough Council takes notice that emergency situations may require
that officers and employees of the Borough be near to their place
of employment; and
D.
The municipal government of Vandergrift is a major employer; and
E.
A requirement of residency for Borough employees is reasonably related
to a desire to provide employment for those individuals who will demonstrate
the greatest interest in the future of Vandergrift, causing those
persons to be employed who will be more highly motivated to work for
a bettor Borough, the Borough Council making a legislative determination
to that effect by the adoption of this article; and
F.
By the adoption of this article, the Borough Council makes a legislative
determination that residency by Borough employees will strengthen
the economic situation of the Borough and will encourage stability
in neighborhoods.
As used in this article, the following terms shall have the
meanings indicated:
Any person appointed to any position of employment by the
Borough, whether such employment be full- or part-time, provided such
person receives financial compensation from the Borough subject to
withholding taxes by the state or federal government.
The permanent home of the employee accompanied by the intention
to live there continuously and indefinitely; precluding the employee's
individual residence within the Borough limits while he (she) continues
to maintain his (her) family elsewhere, unless the employee no longer
resides with his (her) family by reason of separation arising out
of marital difficulties or divorce.
The voluntary and absolute end of employment, as effectuated
by operation of law, and such employment termination shall preclude
the subsequent rehiring or repositioning of a former employee until
such person becomes a permanent resident of the Borough of Vandergrift.
All persons who become employed by the Borough after the effective
date of this article shall be or shall become residents of the Borough
within a period of six months from the date of employment. Failure
to do so shall be determined to be a voluntary termination of employment.
All employees who, at the time this article becomes effective,
are residents of the Borough shall be required to maintain residence
during the continuance of their employment. All new employees, once
their residence in the Borough is established, shall be required to
maintain such residence during their employment. Failure to do so
shall be determined to be a voluntary termination of employment.
All employees who, at the time this article becomes effective,
have continued uninterruptedly to be employed by the Borough, and
who do not reside within the Borough limits, may continue to reside
outside the Borough limits. If, however, such employee should thereafter
change his or her residence, he or she shall be required to establish
the new residence within the Borough. Failure to do so shall be determined
to be a voluntary termination of employment.
A.
Any employee may submit to the Borough Secretary, in writing, a request
that the Borough Council waive the requirement that such employee
become a resident of the Borough. If exceptional circumstances warrant,
Borough Council may, by resolution, grant a waiver to the employee.
B.
A waiver, once granted, shall continue in effect for a period of
six months. The waiver may be renewed, by resolution of Borough Council,
for an additional six-month period.
C.
The original of all requests for a waiver will remain on file in
the office of the Secretary of the Borough for not less than one calendar
year after the date of request.
Beginning on the effective date of this article, and thereafter annually, every employee of the Borough shall file with the Borough Secretary a certification stating the employee's name and place of residence. Such a residence certificate shall be signed under penalty of perjury. The Borough Secretary may also, from time to time, require proof of the bona fide residence of any employee of the Borough to determine said employee's eligibility to receive financial compensation from the Borough. Furthermore, where an employee fails to comply with the provisions of § 75-11, 75-12 or 75-13, the Borough Secretary, by operation of law, will be required to initiate that procedure necessary to consummate the immediate termination of said employee.
