Each department head shall prepare a position classification, job description and current pay plan for each position in his department. This information shall be kept on file in the office of the Chief Administrative Officer. Should technological advances and/or administrative concerns warrant reclassification of a position, it shall be the prerogative of the department head, in consultation with the Mayor and Chief Administrative Officer, to modify or reclassify any position.
A. 
In order to ensure that the most qualified persons are employed by the Township, appointment, promotion or demotion shall be based on merit considerations and personal fitness for a job and shall be free of personal, religious, racial and political bias. The Township of Upper Darby is an equal opportunity employer and shall not discriminate against any applicant or employee based on an individual's age, race, sex, color, religious creed, political affiliation, national origin or an individual's actual or perceived sexual orientation, gender identity or gender expression. All new employees shall be regarded as probationary employees for a period of six months following the date their employment began. Such employee may be discharged during his or her probationary period by the Township in its absolute discretion.
[Amended 8-21-2019 by Ord. No. 3059]
B. 
Determination of merit and fitness for appointment, promotion or demotion shall be based on systematic evaluation by the department head, in consultation with the Mayor and Chief Administrative Officer. The determination shall consider experience and education levels wherever and whenever each is judged to be in the best interest of the Township.
C. 
The Chief Administrative Officer shall assure that each employee's performance is reviewed annually by their respective department heads. This review shall, at a minimum, include determinations of dependability and quality and quantity of work. This review shall be made part of the employee's personnel file and shall be considered confidential information.[1]
[1]
Editor's Note: Original subsections D and E, pertaining to residency, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
If at any time a position should become vacant or the need arises for the addition of a new position or for the reclassification of an existing position, the Mayor shall notify Council at the earliest opportunity.
[Added 7-5-1979 by Ord. No. 2561]
Layoff of Township employees who are members of an employee organization or are civil service appointees shall be governed by the provisions contained in the contract between the Township and the respective organizations. Notwithstanding contract provisions, the Township, if necessitated by fiscal restraints or in the interest of increased efficiency, may abolish a job classification or position or may redefine the duties of a position or demote an employee. The procedures for appointment, suspension, demotion or removal of subordinate Township employees shall be governed by the terms of § C-803B of The Home Rule Charter of the Township of Upper Darby. Continued employment by the Township shall be subject to satisfactory performance of work, necessity for the performance of the particular job and the availability of funds.
The grievance procedures for employees who are members of an employee organization or are civil service appointees shall be in accordance with those contained in respective agreements between the Township and the employee organization or the Civil Service Code. If a difference should arise between an employee and the Township, the employee should consult his immediate supervisor in an earnest effort to settle the difference. Should the above not prove satisfactory, the grievance shall be brought to the department head for settlement. Should this procedure not accomplish a settlement, the grievance shall be brought to the attention of the Chief Administrative Officer by the department head, who shall consult the Mayor for final disposition of the grievance.
Department heads shall develop, execute, and provide training and education programs for the personnel in their departments, based upon accepted administrative policies and management techniques and the most recent technical information available to them.
Department heads may periodically hire temporary employees, provided they have received approval of the Mayor and the Mayor has received a written recommendation from the Chief Administrative Officer. Temporary appointments will be approved only if a specific Township requirement and/or need can be demonstrated and then only if funds are available. Temporary employees will not be entitled to the benefits received by regular Township employees.
[Amended 2-6-1979 by Ord. No. 2551]
There shall be a maximum retirement age for nonuniformed Township employees of 70 years of age. However, upon recommendation of the department head, an individual employee's performance may be reviewed and employment of the individual continued. The individual's contract shall be reviewed and renewed at least on an annual basis.
The policies and procedures governing the relationships between the Township and employee organizations shall be those defined in The Home Rule Charter, ordinance or law.
A. 
The provisions of this article are hereby repealed insomuch as they apply to the setting of the terms and conditions of the employment of any Township employee, or the setting of rules and regulations by the Township concerning areas of discretion or policy deemed to be matters of inherent managerial policy by the provisions of Act 111, June 24, 1968, P.L. 237, 43 P.S. §§  217.1 to 217.10, as amended, and known as "Policemen and Firemen Collective Bargaining Act," or Act 195, July 23, 1970, P.L. 563, 43 P.S. §§ 1101.101 to 1101.2301, as amended, and known as the "Public Employee Relations Act."
B. 
The Work Rules as promulgated in Ordinance 2497,[1] and which were included by reference in this section, are hereby repealed insofar as they apply to the setting of the terms and conditions of the employment of any Township employee or the setting of rules and regulations by the Township concerning areas of discretion or policy deemed to be matters of inherent managerial policy by the provisions of Act 111, June 24, 1968, P.L. 237, 43 P.S. §§  217.1 to 217.10, as amended, and known as "Policemen and Firemen Collective Bargaining Act," or Act 195, July 23, 1970, P.L. 563, 43 P.S. §§ 1101.101 to 1101.2301, as amended, and known as the "Public Employee Relations Act."
[1]
Editor's Note: See Ch. 134, Personnel Policies, of the Code.
C. 
The Mayor shall, as necessary, promulgate and cause to be published all rules and regulations concerning areas of discretion or policy deemed to be matters of inherent managerial policy by the provisions of Act 111 or Act 195 as applied to any Township employee subject to the provisions of Act 111 or Act 195.
D. 
As used in this article, the following terms shall have the meanings given as follows:
[Added 3-16-1994 by Ord. No. 2811]
ACT 111
Act 111 June 24, 1968, P.L. 237, 43 P.S. §§ 217.01-217.10, Policemen and Firemen Collective Bargaining Act.
ACT 195
Act 195, July 23, 1970, P.L. 563, 43 P.S. §§ 1101.101-1101.2301, the Public Employee Relations Act.
MATTERS OF INHERENT MANAGERIAL POLICY
Includes but shall not be limited to such areas of discretion or policy as: the functions and programs of the Township; standards of services; the overall Township budget; utilization of technology; the Township's organizational structure; and selection and direction of Township personnel.
TERMS AND CONDITIONS OF EMPLOYMENT
Includes compensation, hours, working conditions, retirement, pensions and other benefits and the settlement of grievances or disputes.
[Added 7-15-2020 by Ord. No. 3074]
A. 
Purpose. The Township provides employees a variety of electronic communication and information devices and systems in order to conduct business and deliver services to the public efficiently and effectively. Employees must work together to ensure the integrity of the Township's governmental operations and avoid the inappropriate use of these devices and systems. This policy is intended to confirm appropriate, authorized uses of electronic communication and information devices and systems (ECIDS) that are provided by the Township to its employees and/or other officials and contractors for the purpose of performing job functions including communication, customer service, information processing and research, and emergency response. This policy is also intended to help deter unauthorized uses of equipment and unauthorized access to Township information, and avoid the disruption of critical information and communication systems. Employees found to be in violation of this policy may be subject to disciplinary action up to and including termination.
B. 
Policy. The availability and use of ECIDS within the work environment has provided many opportunities for enhancement of productivity and effectiveness. These new technologies also provide the opportunity for rapid transfer and broad distribution of sensitive information that can have damaging effects on many people, including the Township as a local government entity, elected officials, employees utilizing these electronic systems, and other individuals. Therefore, it is the policy of the Township that all ECIDS users, as defined in this policy, abide by the procedures set forth herein. Transmission of electronic messages and information on communications media provided for users shall be treated with the same degree of propriety, professionalism and confidentiality as official written correspondence or public records. Users are hereby informed that communications sent by e-mail or text message may be subject to disclosure under the Right to Know Act or in litigation in Federal Court or Courts of the Commonwealth of Pennsylvania.
(1) 
Electronic communication and information devices and systems (ECIDS): include, but are not limited to, smart phones, tablets, telephones, cellular telephones and two-way radios; personal computers, office computers, computer network and intranet; computer software, programs and applications; electronic mail and voice mail systems; paging systems; text messages, file sharing systems, electronic bulletin boards; internet services; mobile data/digital terminals and/or computers; and copy machines and facsimile machines owned, leased, or otherwise controlled by the Township.
(2) 
Users: Township employees, elected and appointed officials, authorized contractors and guests approved by the Chief Administrative Officer and/or his/her designee(s), and provided access to ECIDS.
(3) 
System administrator(s): The Chief Administrative Officer, and/or his/her designee(s), shall be responsible for all ECIDS and users, except as may be limited in the Police Department under certain circumstances related to criminal investigations or other sensitive information.
C. 
Ownership.
(1) 
All ECIDS, temporary or permanent electronic files, and any related systems or devices purchased or leased by the Township are the property of the Township. These include but are not limited to: documents, voice mail and email messages, text messages, images, electronic files, spreadsheets, calendar entries, appointments, tasks and notes that reside in part or whole in any Township ECIDS. The use of any of these devices and systems is a privilege that is subject to revocation.
(2) 
Users are responsible for ECIDS assigned to them. Users may be held financially liable if ECIDS assigned to their exclusive use becomes lost and/or intentionally or unintentionally damaged or destroyed.
(3) 
Users are advised that they do not maintain any right to privacy in ECIDS equipment or the contents thereof, including personally owned software (if approved) that may be loaded into Township-owned or -controlled ECIDS.
D. 
Procedures and regulations.
(1) 
Township-owned and -controlled ECIDS are meant for official Township business. Personal use of ECIDS should be kept to a minimum as described later in Subsection E(6).
(2) 
Prohibited personal uses include but are not limited to commercial promotional purposes and for-profit business a user may be engaged in, or communication of any material of a political or religious nature. Files, software and systems may not be copied for use for private benefit. Discretionary viewing, downloading and/or transmitting materials or messages (other than required for police business) that involves the use of obscene language, images, jokes, sexually explicit materials or messages that disparage or show hostility or harass any person, organization, group or classification of individuals is strictly prohibited whether or not the recipient has consented to or requested such material. The user shall notify the Chief Administrative Officer if they have been sent such material.
(3) 
The Township reserves the right to access, for quality control purposes and/or for investigating suspected violations of this policy, data, electronic and voice transmissions of any user. The Township also reserves the right to access any of the records within any Township-owned or -controlled ECIDS at any time, and to retain or dispose of those records as it deems necessary and appropriate. The Township may also require employees to provide passwords to files that have been encrypted or password protected.
(4) 
Confidential, proprietary, or sensitive information may be disseminated (or made available through shared directories or networked systems) only to authorized individuals and when there is sufficient assurance that appropriate security of such information will be maintained. Such information includes but is not limited to transmittal of personal information such as performance reviews, complaints, grievances, misconduct, disciplinary information, or related employee information. Individual medical records will not be disseminated unless a release signed by the employee is delivered to the Chief Administrative Officer or his/her designee.
(5) 
The system administrator(s) shall determine who is authorized to be a user, which ECIDS the user will be given or granted access to. No user shall access or allow others to access any file or database unless that user or person has a need and a right to such information. Personal identification and access codes shall not be revealed to any unauthorized person. Users should notify the system administrator(s) immediately if the user suspects that any password has become compromised.
(6) 
Township-owned or -controlled ECIDS are designed and intended for conducting business of the Township and are restricted to that purpose. Installation of, modification of, or access to any software or program is prohibited without the approval of the system administrator(s). Exceptions to business use include the following:
(a) 
Infrequent personal use is permissible if limited in scope and frequency. This use must be in conformance with other elements of this policy, and must not be connected with outside employment, a profit-making business enterprise or the promotion of any product, service, or cause that has not received prior approval of the system administrator(s).
(b) 
Users may make off-duty personal use of ECIDS for professional and career development purposes in keeping with the other provisions of this policy and with the written approval of the system administrator(s).
(c) 
"Professional and career development" means advancing or changing to a position currently listed as a job in any Department of the Township organization, or is related to testing or information retrieval needed for a current job-related certification or advancement in a current job classification.
(7) 
Users shall not install software, applications or other materials without the approval and assistance of the system administrator(s). Users must notify the system administrator(s) immediately if a user suspects that a file, program or application has become infected with a virus or other type of disruptive computer program.
(8) 
Users shall not download any executable file, software or other materials from the Internet or other external sources without the approval of the system administrator(s). If a user is uncertain whether a file is executable, they should first contact the system administrator(s).
(9) 
Users shall observe the copyright and licensing restrictions of all software applications and shall not copy software from internal or external sources unless legally authorized. Any software for which proof of licensing (original disks, original manuals and/or license) cannot be provided will be removed by the system administrator(s). Privately owned software may not be loaded on Township-owned or -controlled ECIDS without the approval and assistance of the system administrator(s).
(10) 
Users shall observe the copyright restrictions of any documents, images, or sounds sent through or stored on any Township-owned or -controlled ECIDS.
(11) 
The system administrator(s) must authorize all hardware repairs, additions and/or enhancements to any ECIDS. The system administrator(s) will be responsible for determining proper repair and installation procedures.
(12) 
Users shall not permit any unauthorized person(s) to use or access the Township's electronic mail or other Township-owned or -controlled ECIDS. Users should not share personal access codes or passwords with anyone, or allow anyone else access to ECIDS with the user's access codes or passwords, other than the system administrator(s).
(13) 
To avoid breeches of security, users should log off any personal computer or ECIDS that has access to the Township's computer network, electronic mail system, the internet, or sensitive information at the end of each workday.
(14) 
Any misuse or abuse of a Township-owned or -controlled ECIDS, including violations of this policy, may result in disciplinary action up to and including termination. Current bargaining unit agreements and/or Township Ordinances and Standard Work Rules shall determine procedures for possible or actual disciplinary action. All alleged violations of the policy should be immediately brought to the attention of the system administrator(s).
(15) 
Creating a web site or social media page(s) on the internet that has any appearance of officially representing the Township of Upper Darby is prohibited without the express written approval of the Township Administrator.
(16) 
The creation of official department web pages or social media pages(s) will be at the direction of the Township Chief Administrative Officer and must have his/her approval prior to being accessed by the public or modified in any way.
(17) 
Using scanned images or digital photographs of any Township employee or official, official Township or department logo, or patch or badge on personal web pages is prohibited without the express written approval of the system administrator(s).
(18) 
Audits of all Township-owned or -controlled ECIDS systems may routinely be conducted by the system administrator(s). Users should be notified of the purpose of routine audits and when they will occur.
(19) 
When operating a vehicle, the safe operation of the vehicle is the user's primary responsibility. Use of the ECIDS is always of secondary importance. Users are advised not to utilize portable devices while they are operating the vehicle and the vehicle is in motion.