A. 
The Borough Manager is the Chief Administrative Officer of the Borough. The Borough Manager is responsible for administering and directing all Borough employees and operations including the Borough's human resources' administrative operations and activities. Official acts of hiring and termination are the responsibility of Borough Council and may be based upon the recommendation of the Borough Manager. Policies and procedures for the day-to-day management of the Borough will be developed in a manner that is consistent with the spirit and intent of the Charter. The Borough Manager will be responsible for presenting new and/or revised policies and procedures to the Human Resources Committee and/or Borough Council for review and approval as appropriate.
B. 
Nothing in the Administrative Code is designed or intended to supersede related provisions in either the established Collective Bargaining Agreements ("CBAs") for the Police Department or the Teamsters Local Union No. 429 or the Civil Service requirements. If a conflict is found to exist between the Administrative Code and the CBAs, the respective CBAs and/or Civil Service requirements will govern.
A. 
Employment at will.
(1) 
Employment with the Borough is at will. "At-will" employment means any individual may voluntarily leave employment or may be terminated by the Borough at any time with or without cause. Any change to this policy will be effective only if set forth in writing and signed by the employee, the Borough Manager and the Chairperson of the Borough Council. Collective bargaining agreements will be administered as approved.
(2) 
Although employment is at will, all separations of employment will adhere to any applicable federal, state and local employment laws including, but not limited to:
(a) 
The American with Disabilities Act.
(b) 
The Age Discrimination in Employment Act.
(c) 
The Civil Rights Act of 1991.
(d) 
The Consumer Credit Protection Act.
(e) 
The Employee Retirement Income Security Act.
(f) 
The Equal Opportunity Employment Act.
(g) 
The Fair Labor Standards Act.
(h) 
The Health Insurance Portability and Accountability Act of 1996 (HIPAA).
(i) 
The Occupational Safety and Health Act.
(j) 
The Family and Medical Leave Act of 1993.
(k) 
The Fifth and Fourteenth Amendments to the United States Constitution.
(l) 
Title VII of the 1964 Civil Rights Act and other antidiscrimination laws.
(m) 
The Uniformed Services Employment and Reemployment Rights Act.
(3) 
The Borough's supervisory and management personnel are not authorized to enter into any agreement, oral or written, that changes the at-will relationship. Department heads and management personnel may not make any representations to employees or applicants concerning the terms or conditions of employment with the Borough that are not consistent with Borough policies. No statements made in prehire interviews or discussions, or in recruiting materials of any kind, alter the at-will nature or imply that discharge will occur only for cause.
(4) 
This policy may not be modified by any statements contained in this Administrative Code or any other employee materials, including applications, memoranda, or other documents provided to applicants and employees in connection with their employment. None of these documents, whether single or combined, create an expressed or implied contract of employment for a definite period, or an express or implied contract concerning any terms or conditions of employment.
(5) 
Similarly, Borough policies and practices with respect to any matter should not be considered as creating any contractual obligation on the Borough's part or as stating in any way that termination will occur only for cause. Statements of specific grounds for termination set forth in this Administrative Code or in any other Borough documents are examples only, not all-inclusive lists, and are not intended to restrict the Borough's right to terminate at will.
(6) 
Completion of a probationary period or conferral of regular status does not change an employee's status as an at-will employee or in any way restrict the Borough's right to terminate the employee or change the terms or conditions of employment.
(7) 
For more information, please contact the Borough Manager.
B. 
Equal employment opportunity.
(1) 
In all activities related to the recruitment, selection, and employment of new employees, as well as in matters of promotion, demotion, lateral job change, transfer, layoff, or termination of existing employees, the Borough will adhere to all relevant laws, regulations, and guidelines promulgated by federal and state statutes, and local ordinances.
(2) 
It is the policy of the Borough to ensure equal opportunity regarding recruitment, hiring, training, compensation, overtime, job classifications and assignments, working conditions, promotions, demotions, lateral job changes, transfers, and all other aspects of employment to all individuals regardless of protected status. "Protected status" is defined as including gender, age, race, color, national origin, religion, physical or mental disability, veteran status, pregnancy, marital status, parental status, or any other legally protected status.
(3) 
All recruitment materials will contain the phrase "An Equal Opportunity Employer," and the Borough will make known its equal employment policy to those with whom it deals.
(4) 
Any employee with questions or concerns about any type of discrimination in the workplace should bring these issues to the attention of the Borough Manager. Employees may raise concerns and make reports without fear of retaliation.
(5) 
Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment.
(6) 
All information concerning the Equal Employment Opportunity Commission is posted for the public in all Borough locations. For more information, contact the Borough Manager.
C. 
Sexual harassment, unlawful discrimination and retaliation. The Borough prohibits all forms of unlawful discrimination, including sexual harassment and has zero tolerance for this type of behavior.
(1) 
Unlawful discrimination may exist when an employee is treated differently from another employee on the basis of the employee's race, religion, color, sex, pregnancy, age, national origin, citizenship, sexual orientation, gender identity and expression, disability, marital status, veteran status or any other basis prohibited by law.
(2) 
Sexual harassment.
(a) 
Sexual harassment affects all employees, regardless of gender or classification. All forms of harassment are prohibited whether between members of the opposite sex or members of the same sex.
(b) 
"Sexual harassment" has been defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when:
[1] 
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
[2] 
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
[3] 
Such conduct has the purpose of interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
(c) 
Examples of inappropriate conduct include, but are not limited to the following:
[1] 
Physical: includes touching, holding, grabbing, hugging, kissing, "accidental" collisions, other unwanted physical contact, physical assault, etc.
[2] 
Verbal: such as offensive jokes, degrading language, comments or suggestions of a sexual nature.
[3] 
Nonverbal: such as leaning over someone at a desk, offensive gestures or motions, circulating sexually objective objects (i.e., books, cartoons, photographs, calendars, etc.).
(d) 
Any employee who feels that they have been sexually harassed should take the following steps:
[1] 
Record the times, places and specifics of each incident, including the names of other people who might have observed the incident or reactions.
[2] 
Report each such incident to the department head. All coworkers should help any victim make their feelings known by encouraging the reporting of sexual harassment.
[3] 
If the department head is involved in the complaint, the report should be submitted to the Borough Manager. If the Borough Manager is involved in the complaint, the report should be submitted to the Borough Council Chairperson.
(e) 
Complaint procedure.
[1] 
Any employee who feels they have been sexually harassed shall submit a written complaint to their department head (or the Borough Manager, Borough Council Chairperson, etc., where appropriate).
[2] 
Borough Council will determine who should investigate the complaint after a thorough review of the allegations and the parties involved.
[3] 
The designee will investigate the complaint and discuss the findings with the appropriate parties responsible for the decisionmaking process. The individual(s) responsible for the investigation of the complaint may not, under any circumstances, also be responsible for determining the outcome of the investigation. There must be clear separation of responsibilities to ensure impartiality.
[4] 
Ultimately, the results of the investigation will be communicated to the complainant and the appropriate action steps for remediation will begin.
[5] 
Employees are expected to cooperate with the Borough in these situations and handle all matters with sensitivity and discretion. All parties involved are asked to preserve the confidential nature of the proceedings. The Borough is committed to taking all reasonable steps necessary to prevent and correct harassment and discrimination in the workplace. All complaints will be promptly addressed, and retaliation of any kind against an employee who brings a complaint forward is prohibited.
(3) 
The Borough strictly prohibits and does not tolerate retaliation against any employee by any employee. All forms of retaliation are prohibited, including any form of discipline, reprisal, intimidation, or other form of retaliation for participating in any activity protected by law.
(a) 
Examples of protected activities include:
[1] 
Submitting a good faith, internal complaint (written or oral) to the Borough Manager, department head or any other Borough employees specifically opposing unlawful discrimination or harassment or some other term or condition of employment;
[2] 
Filing a good faith complaint of unlawful discrimination or harassment with the US Equal Employment Opportunity Commission (EEOC), state or local antidiscrimination agencies, or in court;
[3] 
Participating in the Borough's internal investigation into allegations of unlawful discrimination or sexual harassment;
[4] 
Supporting another employee's internal or administrative complaint of unlawful discrimination (i.e., testifying or providing an affidavit in support of a coworker who has filed a discrimination complaint with the EEOC);
[5] 
Filing a good faith complaint with the US Department of Labor (DOL), state or local labor departments, or in court about wage and hour violations or unfair pay practices, or participating in a wage and hour investigation or audit conducted by the DOL;
[6] 
Requesting an accommodation under the Americans with Disabilities Act or state equivalent laws; and/or
[7] 
Filing a workers' compensation claim.
(b) 
The situations listed above are only examples of protected activity. This list is not exhaustive. No form of retaliation for any protected activity will be tolerated.
D. 
Reasonable accommodations.
(1) 
The Borough is committed to treating physically or mentally disabled individuals without unlawful discrimination in all aspects of employment, including but not limited to: recruitment, applicant processing, selection, hiring, transfer, job classification, rate of pay, benefits, compensation, training, tenure, performance evaluation, promotion, demotion, reduction in force, discipline, termination, and all other terms and conditions of employment. It is the intent of the Borough to comply with all applicable requirements of the Americans with Disabilities Act (ADA).
(2) 
The Borough will reasonably accommodate persons with a disability on a case-by-case basis, provided that such accommodation does not create an undue hardship on Borough operations. Accommodations may include making facilities readily accessible to individuals with a disability, restructuring jobs, modifying work schedules and/or equipment, or similar accommodations. The Borough Manager and Human Resources Committee will make determinations regarding reasonable accommodations.
(3) 
The Borough will also provide reasonable accommodations for an employee who is currently pregnant, is recovering from childbirth, is breastfeeding or has a medical condition related to pregnancy, childbirth or breastfeeding.
(4) 
Employees who want an accommodation should inform the Borough Manager or their department head of their condition. Such employees are required to provide pertinent medical information. Employees and their department heads should contact the Borough Manager for assistance when an accommodation is desired.
(5) 
All employees are required to comply with safety standards. Applicants who pose a direct threat to the health or safety of other individuals in the workplace, and which threat cannot be eliminated by reasonable accommodation, will not be hired or retained. Current employees who pose a direct threat to the health or safety of the other individuals in the workplace will be placed on the appropriate leave.
(6) 
Further, disabled individuals cannot pose a direct threat to the safety of themselves or others.
(7) 
Generally, a "direct threat" means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.
(8) 
Benefits provided to disabled individuals who are qualified to perform the work must be consistent with the benefits provided to other employees.
(9) 
Any individual who believes they have received treatment inconsistent with the policies set forth above or any other requirement of ADA, may file a complaint with the Borough Manager.
E. 
Workplace safety and health.
(1) 
Workplace safety and health is one of the Borough's primary concerns. The safe and healthful performance of all work assignments is the responsibility of both supervisory and nonsupervisory personnel. It is the responsibility of each employee to ensure that all safety equipment is used and all safety procedures/practices are observed.
(2) 
All employees, particularly department heads, are charged with the responsibility of reporting the existence of any hazardous condition or practice in the workplace.
(3) 
Any employee who experiences or observes an incident of workplace safety or health should take the following steps:
(a) 
Record the times, places and specifics of each incident, including the names of other people who were involved or might have observed the incident.
(b) 
Report each such incident to the department head. Coworkers with knowledge of the incident should report their experience and observations as well.
(c) 
If a department head is involved in the issue, the report should be submitted to the Borough Manager. If the Borough Manager is involved in the issue, the report should be submitted to the Human Resources Committee.
(d) 
If a Borough employee is involved in an accident, while on Borough time, the Borough Manager, the employee's department head or a police officer will escort the employee to a medical facility for appropriate drug/alcohol testing.
(4) 
Complaint procedure.
(a) 
The party who receives the report will determine who should investigate the complaint after a thorough review of the issues and the parties involved. Any individual with involvement or potential involvement in the incident may not be part of the investigative process. Individuals tasked with investigating the incident may not be responsible for any decisions related to the resolution of the issue or the administration of corrective/disciplinary action.
(b) 
The designated individual will investigate the complaint and discuss the findings with the parties responsible for the resolution. The individual(s) responsible for the investigation of the complaint may not, under any circumstances, also be responsible for determining the outcome of the investigation. There must be clear separation of responsibilities to ensure impartiality.
(c) 
Ultimately, the results of the investigation will be communicated to the individuals involved in the incident and the appropriate action steps for remediation will begin.
(d) 
Employees are expected to cooperate with the Borough in these situations and handle all matters with sensitivity and discretion. The Borough is committed to taking all reasonable steps necessary to prevent workplace health and safety issues. All complaints will be promptly addressed, and retaliation of any kind against an employee who brings a complaint forward is prohibited.
(5) 
Any employee found to be willfully negligent in equipment operation, resulting either in damage to the equipment or an accident, shall be disciplined according to these policies up to and including termination of employment.
(6) 
All employees who drive Borough vehicles will maintain the appropriate speed limits. Violators are subject to disciplinary action, up to and including termination of employment.
(7) 
Department heads found to be negligent in requiring and/or controlling the use of prescribed safety equipment are subject to disciplinary action, up to and including termination of employment.
(8) 
The Borough Council may adopt health and safety policies and procedures that are beyond the scope of this Administrative Code.
F. 
Workplace violence.
(1) 
The Borough is committed to fostering an environment that promotes a safe and healthy workplace for its employees. To accomplish this goal, employees are expected to behave in a fashion that promotes a community free from violence, threats of violence, harassment, intimidation, and disruptive behavior of a violent or intimidating nature.
(2) 
Workplace violence is strictly prohibited, and the Borough will respond promptly and in accordance with this policy to violence, threats of violence, harassment, intimidation, or disruptive behavior of a threatening nature towards people or property. Complaints involving workplace violence are treated with a sense of urgency, and individuals who violate this policy may be removed from the Borough's property and subject to disciplinary and/or legal action, up to and including termination of employment and/or criminal prosecution.
(3) 
"Workplace violence" is defined as any actual or threatening behavior of a violent nature, as understood by a reasonable person, exhibited by employees or others within the scope of this policy. Examples of workplace violence include, but are not limited to the following:
(a) 
Intentional physical contact for the purpose of causing harm (such as slapping, punching, striking, shoving, or otherwise physically attacking a person).
(b) 
Menacing or threatening behavior (such as throwing objects, waving fists, damaging property, stalking, or otherwise acting in an aggressive manner; or using oral or written statements or behavior specifically intended to frighten, coerce, or cause distress) where such behavior would be interpreted by a reasonable person as being evidence of intent to cause physical harm to individuals or property or coerce behavior from individuals.
(c) 
Possessing any firearm, imitation firearm, or any components that can readily be assembled into a firearm or other weapon, as defined by the laws of Pennsylvania, irrespective of whether the individual possesses a valid permit to carry the firearm or a valid firearms purchaser identification card. This restriction is not intended to interfere with the Borough's licensed police officers carrying firearms in the line of duty or to restrict an employee licensed to carry a firearm from carrying that firearm into a situation they deem to be potentially unsafe. Employees are expected to act responsibly and with their own safety and the safety of others in mind at all times.
(4) 
"Bullying" defined as repeated inappropriate behavior, either direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment. The Borough considers the following types of behavior examples of bullying:
(a) 
Verbal bullying: slandering, ridiculing or maligning a person or their family; persistent name calling that is hurtful, insulting or humiliating; using a person as the subject of jokes; abusive and offensive remarks.
(b) 
Physical bullying: pushing, shoving, kicking, poking, tripping, assault or threat of physical assault; damage to a person's work area or property.
(c) 
Gesture bullying: nonverbal threatening gestures or glances that convey threatening messages.
(d) 
Exclusion: socially or physically excluding or disregarding a person in work-related activities.
(5) 
Other behaviors that are strictly prohibited include the following:
(a) 
Stalking: a course of conduct directed at a specific person on at least two or more occasions that would cause a reasonable person to fear for her, his, or another's safety, or to suffer substantial emotional distress. Stalking can be accomplished by direct action, indirect action, or through third parties. The type of actions that can constitute stalking include following another, monitoring another, surveilling another, threatening another, communicating with another or by interfering with another's property.
(b) 
Sexual misconduct: behavior that includes domestic violence, dating violence, stalking and sexual assault, are prohibited under state and federal law.
(6) 
When necessary, the Borough may inspect and/or search all Borough property, as well as any employee's personal property on Borough premises. While the Borough does not expect employees to be skilled at identifying potentially dangerous persons, all employees are expected to exercise good judgment in recognizing behavior that could be a sign of a potentially dangerous situation. For employees to understand and report behavior that could lead to violent incidents, we have included this list of prohibited conduct. This list of behaviors should not be considered all-inclusive but merely a list of examples to be considered. These and other violent actions may result in disciplinary action, up to and including termination of employment:
(a) 
Intentionally causing physical injury to another person.
(b) 
Making verbal or written (including email) threats of violence or intimidation.
(c) 
Harassing, threatening or intimidating others.
(d) 
Intentionally damaging Borough property or the property of another employee.
(e) 
Possession of a weapon. (Prohibited weapons include any form of weapon or explosive restricted under local, state or federal regulations; this includes all firearms, knives, or other weapons.)
(f) 
Committing acts motivated by or related to, sexual harassment, discrimination, hostile work environment, or domestic violence.
(g) 
Retaliatory actions against an individual who reported incidents.
(7) 
Any employee who experiences or observes an incident of workplace violence should take the following steps:
(a) 
Record the times, places and specifics of each incident, including the names of other people who were involved or might have observed the incident.
(b) 
Report each such incident to the department head. Coworkers with knowledge of the incident should report their experience and observations as well.
(c) 
If a department head is involved in the issue, the report should be submitted to the Borough Manager. If the Borough Manager is involved in the issue, the report should be submitted to the Human Resources Committee.
(8) 
Complaint procedure:
(a) 
Any employee who feels they have been the victim of workplace violence shall submit a written complaint to their department head (or the Borough Manager, Borough Council Chairperson, etc. where appropriate).
(b) 
The person who receives the report will determine who should investigate the complaint after a thorough review of the issues and the parties involved. Any individual with involvement or potential involvement in the incident may not be part of the investigative process. Individuals tasked with investigating the incident may not be responsible for any decisions related to the resolution of the issue or the administration of corrective/disciplinary action.
(c) 
The designee will investigate the complaint and discuss the findings with the appropriate parties responsible for the decisionmaking process. The individual(s) responsible for the investigation of the complaint may not, under any circumstances, also be responsible for determining the outcome of the investigation. There must be clear separation of responsibilities to ensure impartiality.
(d) 
Ultimately, the results of the investigation will be communicated to the complainant and the appropriate action steps for remediation will begin.
(e) 
Employees are expected to cooperate with the Borough in these situations and handle all matters with sensitivity and discretion. All parties involved are asked to preserve the confidential nature of the proceedings. The Borough is committed to taking all reasonable steps necessary to prevent and correct workplace violence. All complaints will be promptly addressed, and retaliation of any kind against an employee who brings a complaint forward is prohibited.
(9) 
The Borough strictly prohibits and does not tolerate retaliation against any employee by any employee. All forms of retaliation are prohibited, including any form of discipline, reprisal, intimidation, or other form of retaliation for participating in any activity protected by law.
(a) 
Examples of protected activities include:
[1] 
Submitting a good faith, internal complaint (written or oral) with the Borough Manager or any other Borough employee to report workplace violence;
[2] 
Participating in the Borough's internal investigation into allegations of workplace violence;
[3] 
Supporting another employee's internal complaint of workplace violence (i.e., testifying or providing an affidavit in support of a coworker who has filed a complaint with a legal entity or regulatory agency);
[4] 
Requesting an accommodation under the Americans with Disabilities Act or state equivalent laws; and/or
[5] 
Filing a workers' compensation claim.
(b) 
The situations listed above are only examples of protected activity. This list is not exhaustive. No form of retaliation for any protected activity will be tolerated.
G. 
Confidentiality.
(1) 
During the course of their employment at the Borough, employees may have access to confidential and proprietary information. Employees should maintain such information in confidence and use such information only in the interest of the Borough.
(2) 
The employee may use or disclose information learned or acquired through their association with the Borough only for the performance of their job or as otherwise permitted by law. Particular care must be taken to keep confidential any information that is related to other Borough employees, financial matters, residents and strategic planning.
(3) 
Confidential information is for the Borough's use and is not intended for distribution. Distribution of such information requires both a need to know and a right to know the information requested.
(4) 
Information acquired by an employee in the course of their employment with the Borough must not be used for the employee's individual benefit. Access to confidential information does not carry with it personal benefit or advantage to Borough employees but imposes an obligation on every employee to keep such information confidential and to use it solely in the interest of the Borough.
(5) 
When in doubt, the employee should treat information acquired in the course of employment at the Borough in the strictest confidence and consult the Borough Manager or Borough Council for clarification.
H. 
Conflict of interest.
(1) 
A potential or actual conflict of interest exists when an individual may benefit financially from a decision made in their role with the Borough. This may also include indirect benefits to family members or businesses with which the employee is closely associated, particularly if those interests or commitments are not disclosed.
(2) 
Although not all conflicting interests are prohibited, those that may compromise the employee's primary obligations to the Borough must be disclosed and thoroughly reviewed. Examples of potential conflicts of interest include, but are not limited to the following:
(a) 
The use of any information not available to the public that was obtained as a result of the individual's relationship with the Borough.
(b) 
The solicitation or acceptance of a personal gift, favor, loan, gratuity, reward, promise of employment, actual employment or any other item of monetary value that might influence or appear to influence the individual's judgment or conduct regarding Borough business or policy.
(3) 
Every employee has the responsibility to disclose any relationship with any outside organization that may lead to the appearance of a potential or actual conflict of interest as soon as the individual becomes aware that the potential or actual conflict may exist. For example, any employee who has control or influence over a decision to engage in a business transaction with an outside organization because of their position at the Borough must disclose that relationship immediately. This obligation extends to relatives and close family members including, but not limited to, spouses, domestic partners, parents or parents-in-law, grandparents, great grandparents, aunts and uncles, brothers and sisters (in-law), children (whether natural or adopted), grandchildren, great grandchildren, as well as the spouses of brothers, sisters, children, grandchildren, and great grandchildren.
(4) 
The employee's department head, in consultation with the Borough Manager, will review the situation and make a determination whether an actual conflict of interest exists and if so, the steps necessary to eliminate the situation.
(5) 
All employees are responsible for promptly notifying their department head of any instances of actual or potential conflict of interest. In addition, every individual with supervisory responsibility is responsible for reporting potential or existing conflicts of interest of other employees. Failure to disclose any potential or existing conflicts of interest may result in corrective action, up to and including termination of employment.
I. 
Ethical standards of conduct.
(1) 
All employees are expected to maintain the highest possible ethical/moral standards and to perform within the law of the State of Pennsylvania and other rules and regulations as may be set forth by the Borough. Each employee assumes the responsibility to service the public in an honest, effective, and friendly manner.
(2) 
No employee shall use their position with the Borough for personal gain, nor shall they engage in any business or transaction which is in conflict with the proper discharge of their duties.
(3) 
No employee shall accept any valuable gratuity, whether in the form of a service, loan, item, or promise, from any person, firm, or corporation which is interested directly or indirectly in any manner whatsoever in business dealings with the Borough; nor shall employees accept any valuable gift, favor, or item that may tend to influence an employee in the discharge of their duties. No employee shall grant any improper favor, service, or item in the discharge of their duty. Therefore, a limit of $100 will be considered reasonable for gifts that might consist of luncheons or dinners at various meetings, seminars, or conventions.
(4) 
All employees are expected to maintain the highest possible ethical, moral, and legal standards, and to perform their duties in compliance with all applicable federal, state, and local laws, the rules and regulations continued in this Administrative Code, and/or future administrative directives deemed necessary.
(5) 
No employee shall, without proper and legal authorization, disclose confidential information concerning the property, government, or affairs of the Borough.
(6) 
No employee shall represent private interests in any action or proceedings against the Borough in any matter in which the Borough is a party.
(7) 
No employee shall engage in or accept private employment or render services for private interests, when such employment or service is incompatible with the proper discharge of their official duties or would tend to impair their independent judgment or action in the performance of their official duties.
J. 
Attendance.
(1) 
Regular, prompt attendance is extremely important for the Borough's efficient operation. Employees are expected to be at work on time. If employees can anticipate absence or lateness, they are expected to contact their department head before their scheduled work time. If an employee is unavoidably detained, the employee is required to inform their department head as soon as the delay becomes obvious, indicating the reason and expected time of arrival.
(2) 
Excessive absenteeism and/or tardiness may result in disciplinary action up to and including termination of employment. Employees who fail to contact the Borough when they are going to be absent or late will have that time classified as unexcused. Employees are required to notify the Borough of absence or lateness of any kind, including sick leave. If an employee is absent for three consecutive workdays without notification, that employee may be subject to termination of employment without further notice.
K. 
Appearance at work. The Borough reserves the right to prescribe appropriate dress and grooming and to set standards that are deemed to be in the best interest of the organization. The Borough requires that an employee's clothing, grooming, and overall appearance be appropriate, presents a favorable public image, and be in conformity with regulations established by the Borough. Clothing shall be conducive to the safe and effective performance of the required job duties.
L. 
Solicitation and distribution.
(1) 
Only official Borough business should be transacted in the several work areas during employee work time.
(2) 
Nonemployee solicitation and distribution. There shall be no solicitation or distribution by nonemployees at any time on any employer's premises or in any work area, without the express consent and application of permit through the Borough. This section does not apply to vendors.
(3) 
Employee no solicitation rule.
(a) 
There shall be no solicitation or distribution by employees of any other employee or nonemployee during work time.
(b) 
Employees may solicit other employees during nonwork time in work areas, and during nonwork time in nonwork areas.
M. 
Social media and communications.
(1) 
In the rapidly expanding world of electronic communication, social media can mean many things. Social media includes all means of communicating or posting information or content of any sort on the internet, including a blog, journal or diary, personal web site, social networking or affinity web site, web bulletin board or a chat room, whether or not employed or affiliated with the Borough, as well as any other form of electronic communication. Ultimately, employees are responsible for what they post online. Before creating online content, employees should consider some of the risks that are involved in doing so. Any conduct that adversely affects an employee's job performance, the performance of fellow employees or otherwise adversely affects individuals who work on behalf of the Borough's legitimate business interests, may result in disciplinary action up to and including termination of employment.
(2) 
Social media sites like Facebook, Twitter, Instagram, Snapchat and YouTube and other networking and blogging platforms have become valuable tools for communicating with the Borough's constituents. For some audiences they are actually the preferred way to stay in touch. The Borough recognizes the impact these sites can have, both positively and negatively, on the overall perception of the Borough.
(3) 
Responsibilities. Social media users acting on behalf of the Borough must adhere to applicable policies and procedures. Official Borough social media accounts are to be administered by internal members of the Borough community. Administrators are responsible for removing content that may be in violation of Borough policies.
(4) 
Content.
(a) 
Employees must use good judgment when deciding to post content on social media. Confidential information about the Borough or its employees must not be posted. Employees may not post any content that is threatening, obscene, a violation of intellectual property rights or privacy laws, or otherwise illegal.
(b) 
The representation of personal opinions as those of the Borough or any of its organizations is strictly prohibited. Employees may not use the Borough name to promote any opinion, product, cause, or political candidate. When necessary and appropriate, employees should include the statement: "this is my personal opinion and not necessarily that of the Borough". While the Borough does not regularly review content posted to social media sites, it shall have the right to remove any content for any reason, including but not limited to: use of curse words, content that it deems threatening, obscene, a violation of intellectual property rights or privacy laws, or otherwise illegal. When using or posting online material that includes direct or paraphrased quotes, thoughts, ideas, photos, or videos, employees must always include citations and/or provide a link to the original material, if applicable. Employees should refrain from using information and conducting activities that may violate local, state, or federal laws and regulations.
(5) 
Using social media at work. Employees should refrain from using social media while on work time on Borough systems or equipment, unless it is work-related as authorized by a department head and is consistent with Borough policies. Employees must not use the Borough's email addresses to register on social networks, blogs or other online tools utilized for personal use.
(6) 
Know and follow the rules. Employees are asked to carefully read these guidelines, as well as other policies contained within this Administrative Code, and ensure all postings are appropriate and in compliance with any applicable rules or guidelines. Inappropriate postings that may include discriminatory remarks, harassment, and threats of violence or similar conduct will not be tolerated and may result in disciplinary action up to and including termination of employment.
N. 
Relationships at work.
(1) 
Borough employees are expected to make relationship decisions with direct reports that promote an atmosphere of mutual trust and avoid both conflicts of interest and the appearance of conflicts of interest. Great care must be exercised at all times to ensure that personal relationships do not result in situations that might interfere with objective judgment.
(2) 
There are risks in any relationship between individuals in inherently unequal positions. Because of the potential for conflicts of interest, exploitation, favoritism, and bias, relationships (including sexual or romantic relationships, whether regarded as consensual or otherwise) between individuals in these inherently unequal positions, should be avoided and under some circumstances, are strictly prohibited by this policy.
(3) 
Consensual sexual or romantic relationships between adult employees are not in general prohibited by this policy. However, relationships between employees in which one has direct or indirect authority over the other are always potentially problematic.
(4) 
Where such a relationship develops, the person in the position of greater authority or power must recuse themselves to ensure that they do not exercise any supervisory or evaluative function over the other person in the relationship. The employee must also notify their department head or the Borough Manager so that person can ensure adequate alternative supervisory or evaluative arrangements are put in place. This obligation to recuse and notify exists for past as well as for current relationships. Failure to disclose the relationship in a timely fashion will itself be considered a violation of policy.
(5) 
The Borough has the option to take any action necessary to ensure compliance with the spirit of this policy, including transferring either or both employees to minimize disruption of the work group.
(6) 
If there is any doubt whether a relationship falls within this policy, individuals should disclose the facts of the situation and seek guidance from their department head or the Borough Manager.
(7) 
The Borough understands that sexual or romantic relationships are often private in nature and treats such information sensitively and (to the extent practicable) confidentially.
(8) 
Suspected policy violations should be reported to the employee's department head or the Borough Manager. The Borough Manager will coordinate the investigation of the complaint in consultation with the appropriate committee and/or Council. If any of these people are included in the complaint, they will not be involved in the investigation or decision.
(9) 
If charges of sexual harassment are made, compliance with this policy shall not be a defense in any proceeding under the Borough's Sexual Harassment Policy. Employees who engage in sexual or romantic relationships with another employee contrary to the guidance, prohibitions and requirements provided in this policy or the Borough's Sexual Harassment Policy, are subject to disciplinary action, up to and including termination of employment.
O. 
Visitors in the workplace. In order to ensure the safety and security of Borough employees, visitors, and property and to limit access to Borough facilities by authorized personnel only, the following guidelines have been adopted:
(1) 
Workspace access. Access to Borough workspace is limited to current employees, contractors and other authorized visitors.
(2) 
Safety. All employees and visitors are required to comply with all safety rules, regulations, and policies while on Borough property or in Borough vehicles.
(3) 
Children and other family members. Unless special circumstances exist, children and other family members of employees are not allowed in the offices.
P. 
Smoking.
(1) 
The Borough is committed to maintaining a healthy and safe environment for all. It is therefore the policy of the Borough, in accordance with Pennsylvania state law, that smoking and tobacco use (including the use of smokeless tobacco) is prohibited in all Borough buildings and facilities (unless specifically designated as a "smoking permitted area") as follows:
(a) 
Inside Borough buildings and entryways.
(b) 
Conference rooms, break rooms, etc.
(c) 
Within eight feet of entrance to any building according to Pennsylvania state law.
(d) 
Other common, public areas, including stairwells, elevators, escalators, lobbies, hallways, waiting rooms, reception areas, and nonspecified restrooms.
(e) 
Any area in which a fire or safety hazard exists.
(2) 
Smoking and tobacco use are also prohibited in all Borough vehicles (owned or leased), regardless of location.
(3) 
This policy covers all smoking methods, including but not limited to the use of electronic smoking devices (e-cigarettes, e-cigars, e-pipes) and hookah-smoked products.
(4) 
This policy does not supersede more restrictive policies that may be in force in compliance with federal, state, or local law and ordinance.
A. 
Position descriptions. The Borough Manager and all Borough employees will have current, accurate position descriptions for the jobs they hold. The position description will clearly outline the duties, responsibilities and qualifications for each position. The position description will also provide the basis for the development of an objective, performance appraisal system that requires an annual, written performance appraisal for each Borough employee.
B. 
Position requisition and approval process. The Borough Council must approve all requests to post jobs internally and externally. The Borough Manager shall ensure the requested headcount is within budget. Requests for new positions, not included in the budget, during the course of the fiscal year must be approved by Borough Council.
C. 
Internal posting procedure.
(1) 
Jobs are posted internally, allowing current employees five days to post for promotions or lateral transfers (changing to another job in the same pay class).
(2) 
All posted positions will specify the job title, the general nature of the job, the position qualifications and the essential functions of the job, the compensation range, the application deadline and the place to submit the application.
(3) 
The department head will not be obligated to consider any applications submitted after the close of the posting period. If the department head deems no internal applicant is qualified for the vacancy, they may fill the vacancy through the selection of outside applicants. The department head will coordinate with the Borough Manager and Human Resources Committee for posting and/or advertising of the open position. Nothing in this section shall be construed to prevent the Borough from advertising for external applicants concurrently with the internal positing of vacancies.
D. 
External sourcing.
(1) 
All Borough vacancies will be posted on the Borough's website.
(2) 
Mailings to local employment agencies may also be used. The department head, in consultation with the Borough Manager and Human Resources Committee, may determine other avenues for the external advertisement of open positions for certain positions that may require additional technical skills and/or specialized qualifications.
(3) 
Employment applications will be accepted in the Borough office. Applications received at times other than when direct solicitations are made for a particular position, will be kept on file in the office for a period of six months to be accessed by any Borough department or function seeking an employee. Placement of a completed application in the Borough office file will not constitute application for any specifically advertised position and will not require further action by any elected official or Borough employee.
E. 
Applicant tracking.
(1) 
The department head and the Borough Manager will complete the initial review of all applications to determine which applicants possess the minimum job-related qualifications (e.g., minimum licenses, certifications, experience, or any specialized training, etc.).
(2) 
Upon determination of which applicants meet the minimum job-related qualifications, the applicants' knowledge, skill, and ability to perform the essential functions of the position will be considered.
(3) 
Applicants will be required to provide any information and undergo any job-related performance tests or other job-related procedures necessary to demonstrate qualification for the position sought.
F. 
Interview process and participants.
(1) 
After qualified applicants for a position have been identified, the department head should make arrangements with the Borough Manager to conduct joint interviews. Multiple interviews may be required for supervisory positions before moving to the next step in the process.
(2) 
Once the department head and Borough Manager have completed their interviews, final candidates should be scheduled to meet with the Human Resources Committee for additional evaluation.
(3) 
After the Human Resources Committee completes its evaluations, the Committee will present the recommended candidate(s) to Borough Council for review. Hiring recommendations should be discussed collectively and subsequent decisions made to ensure the most qualified individuals are selected for open positions. Ultimately, Borough Council will have the final decision to hire for all open positions.
G. 
Employment testing.
(1) 
Tests for job applicants will be limited to skills or performance testing, to determine the level of competence or ability to perform certain tasks associated with the job being sought. An applicant will be disqualified from consideration for employment in a position if they do not meet the minimum job qualifications for that position.
(2) 
For employees required to drive or operate equipment, which requires a driver's license, driving records and license validity may be checked.
H. 
Selection process.
(1) 
The department head is responsible for verifying the applicant's employment experience, education, and skills before extending a job offer.
(2) 
If the applicant knowingly makes a false statement on the application form, cannot legally hold the position, offers money, service, or anything of value to win favor during the application process, they may be disqualified from the hiring process.
(3) 
All applicants selected for employment are subject to a background check and drug test. These steps will be completed after an offer of employment has been extended but prior to the commencement of employment.
(4) 
Some applicants may also be required to submit to a physical and/or psychological examination to determine their ability to perform the duties of the position for which they have been selected.
(5) 
The successful completion of all required tests/checks is a condition of employment at the Borough. All tests, checks and examinations required by the Borough shall be at the expense of the Borough.
(6) 
Finally, if the prospective employee does not meet the physical requirements when tested, or has not provided proof of citizenship or legal work status within the first three days of employment, they may be disqualified from employment.
I. 
Employment eligibility verification.
(1) 
In compliance with the Immigration Reform and Control Act of 1986, Public Law 99-603, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility within the first three days of employment. Any employee with an expiring work authorization must renew the authorization or the employee will be considered to have voluntarily resigned.
(2) 
Former employees who are rehired must also complete the form if they have not completed an I-9 with the Borough within the past three years or if their previous I-9 is no longer retained or valid. All offers of employment are conditioned upon the receipt of satisfactory evidence of an employee's authorization to work in the United Sates.
J. 
Promotions, transfers and demotions.
(1) 
Promotions are those job changes that result in advancement to higher positions with greater responsibility. Salary increases are subject to approval by the Borough Manager and Borough Council, in accordance with approved budget limits.
(2) 
Lateral job moves are changes to positions with the same level of pay. An employee taking a lateral transfer, whether by the employee's request or the manager's requirement, will retain the same amount of accrued leave and seniority. If the employee's current salary is in the approved salary range, they will not receive any reduction in pay as a result of a lateral move.
(3) 
Demotions require an employee to change to a lower paid position with a lower level of job responsibility. The demotion may be the result of a disciplinary action, a job reclassification or unsatisfactory work performance.
(4) 
The Borough reserves the right to make decisions regarding job changes at its discretion.
A. 
Orientation. The Borough provides general orientation about the Borough and the benefits of employment. Each employee will receive a copy of the Administrative Code, union contract (if applicable) and any other applicable workplace rules. It is the responsibility of the employee to read and gain an understanding of the Code, union contract and work rules. The employee will acknowledge receipt of the Code, and updates will be acknowledged as appropriate. In most cases, actual job duty orientation and training will be given within the specific department he or she will work.
B. 
Probationary period of employment. New employees or those that are promoted or transferred to another work group will serve a six-month probationary period. Any significant time, totaling more than five days, the employee is absent during this period extends the probationary period for the amount of time missed. Accumulated leave will not be paid to employees resigning or terminated during the first six months of employment.
C. 
Training. When the Borough requires employees to participate in training programs, all training costs are paid or reimbursed by the Borough. The time an employee spends away from work to attend the training program is considered work time. Authorization to attend professional seminars and certification courses are decided on a case-by-case basis by the Borough Council, within the constraints of the training and education budget.
A. 
Full-time, part-time, hourly or temporary.
(1) 
All employees of the Borough shall be categorized as full-time, part-time, hourly or temporary.
(2) 
Definitions.
(a) 
Full-time regular. A full-time regular employee works for the Borough at least 37.5 hours per week and has met a six-month probationary period as designated by the Borough Manager. Regular, full-time employees are eligible for Borough benefits. Employees who have not completed the probationary period will not be eligible for certain benefits.
(b) 
Part-time regular. A part-time regular employee works for the Borough more than 20 hours per week but less than 37.5 hours per week and has met a six-month probationary period as designated by the Borough Manager. The scope of benefits received may vary proportionately with the number of hours the part-time employee is scheduled to work. Certain benefits may not be available to part-time employees.
(c) 
Hourly. An hourly employee typically works for the Borough less than 30 hours per week. Hourly employees are not eligible for benefits as provided to regular, full- and part-time employees.
(d) 
Temporary full-time and part-time. Temporary employees are those hired for a period of less than six months. Temporary employees may be exempt or nonexempt but are only eligible to receive benefits mandated by federal, state or local law.
B. 
All employees are also classified as either exempt or nonexempt in compliance with the federal Fair Labor Standards Act (FLSA) and applicable state law.
(1) 
Exempt employees are paid on a salaried basis and are not entitled to overtime pay. Such employees shall not receive a reduction in pay for absences of less than one day. However, absences of one full day or more shall be deducted from the employee's sick leave or vacation leave if the employee has such leave accumulated.
(2) 
Nonexempt employees are paid on an hourly basis and are eligible for overtime pay at the rate of 1 1/2 times their hourly rate for all hours worked in excess of 40 hours per workweek. All nonexempt employees must record all work hours accurately, and payment must be made for all time worked.
C. 
Employees shall be informed of their employment status at the time of hire. Temporary employees shall be notified in writing that as a condition of employment their appointment is of a temporary nature. Such notification shall also include the approximate dates and cessation of employment. The Borough Manager will be responsible for providing this information to the Treasurer and Secretary to administer.
D. 
All employees must provide the Borough Manager with their current address and phone number. Changes in this information must be reported within five days of an employee changing address or phone number. This way, the Secretary can inform insurance carriers, the IRS (for W-2 purposes), and any others for whom the information would be required.
A. 
Hours and work schedule.
(1) 
The Borough shall establish the standard workday, workweek, and starting and quitting times for each department, taking into account current and anticipated workloads, public service needs, and other factors. No established schedule shall be construed as a guarantee of work hours or as a restriction on the Borough's right to restructure the workday or workweek.
(2) 
Subject to the discretion of the Borough, employees may be authorized to take break periods each full working day. Such breaks shall not interfere with the proper performance of the employee's work responsibilities and will be set by the Borough Manager and are subject to change. Lunch periods are determined by the department head or Borough Manager and shall be unpaid periods of time. Employees must clock out for their lunch break and clock back in upon return.
(3) 
Each department's or office's standard workday, workweek, and starting and quitting times shall be appropriately communicated to the affected employee(s).
B. 
Timekeeping.
(1) 
To comply with applicable laws and ensure that accurate records are kept of time worked and time not worked (i.e., vacation, sick, leave, etc.), all employees are required to record and approve their time in the Borough's timekeeping system. Employees must record their time on a daily basis and submit their time on a weekly basis as directed by their department head. Each nonexempt employee is to maintain an accurate daily record of hours worked. All absences from work should be appropriately and accurately recorded. This ensures that employees are paid correctly and in a timely fashion.
(2) 
Falsification of time records or failure to follow Borough procedures in time reporting may result in disciplinary action, up to and including termination of employment.
C. 
Payment of wages.
(1) 
The Borough compensates employees in accordance with decisions by the Borough Council as budgets are set. Pay for any given position is subject to the annual budgetary process and, as such, may be subject to increase, reduction, or status quo maintenance for any time period. The Borough Manager may make suggestions about salary compensation and other pay system concerns but the final decision regarding compensation levels rests with the Borough Council.
(2) 
The Borough administers payroll on a periodic basis, as determined by statute, collective bargaining agreement or by the Borough Council and the Borough Manager. If a holiday occurs on a payday, paychecks will be issued on the preceding Wednesday, except under extenuating circumstances, in which case paychecks will be issued as soon as they are available.
(3) 
Department heads are to receive any questions regarding an employee's pay and are responsible for making the necessary explanations or inquiries to resolve the matter. The Treasurer should be notified immediately to correct any discrepancies.
(4) 
Paychecks are issued by the Borough to compensate employees for the work performed in the pay period immediately preceding the day the check is issued.
(5) 
The Borough encourages all employees to utilize direct deposit for receipt of their paychecks. For those employees who do not elect direct deposit, paychecks are distributed at the workplace prior to 4:00 p.m. on payday.
(6) 
Paychecks will not be issued to anyone except the employee (either in person or mailed to the home address on file) without written authorization. Pay advances of any kind are not permitted.
(7) 
In the event of a lost paycheck, the Treasurer must be notified as soon as possible and before a replacement check can be issued. In the event the lost paycheck is recovered, and the Borough identifies the endorsement as that of the employee, the employee must remit the amount of the replacement check to the Borough within 24 hours of the time it is demanded.
D. 
Payroll deductions.
(1) 
Certain deductions are made from an employee's paycheck as required by law, in accordance with employee benefit plans, or as requested by the employee and authorized by law. These deductions are itemized on the employee's pay statement, which accompanies their biweekly paycheck. Deductions include:
(a) 
Income taxes. Federal and state laws and some Borough ordinances require that taxes be withheld from each salary payment. The amount of tax to be withheld is determined from tables furnished to the Treasurer by the various taxing entities and varies according to the amount of salary and number of exemptions. Employees are required to complete withholding tax certificates upon initial employment and to inform the Treasurer of any exemption change(s) whenever such charge occurs.
(b) 
Other deductions. Examples include employee health insurance contributions, other voluntary insurance contributions, and deferred compensation.
(c) 
Miscellaneous. Some employees may be required by law, or in some cases, choose to have child support payments deducted. Also, an employee may have a garnishment placed upon them. The Borough may refuse to make deductions not required by law which are below certain prescribed minimum amounts, which occur at irregular intervals, or for another similar cause. Other than those deductions required by law, the Treasurer may decline to make a deduction that the employee's check is insufficient to cover.
(2) 
All requests for payroll deductions must be presented to the Treasurer and Borough Manager for authorization.
E. 
Overtime.
(1) 
An employee may be required to work in excess of the normal workday or workweek to meet operational demands. Overtime will be paid under the guidelines set out by the FLSA (Fair Labor Standards Act) and paid accordingly. Eligibility for overtime shall be based upon all hours in active pay status.
(2) 
Overtime is usually performed only when the department head determines it is necessary. Advance notice will be given to employees whenever possible; however, employees should be aware that situations arise that do not permit advance notification. All overtime must be approved by the employee's department head in advance, except in unusual or emergency situations.
A. 
Police Department of the Borough of Mahanoy City.
(1) 
The purpose of the collective bargaining agreement is to assure sound and mutually beneficial working conditions so as to promote the orderly and harmonious relationship between the parties by establishing wages, hours, conditions of employment and other benefits and duties for the police officers of the Borough that ensure efficient and uninterrupted police service to the citizens of the Borough and to any other areas directed by the Borough included in the agreement.
(2) 
All officers of the Department (both full-time and part-time) who are employees of the Borough at the time of the agreement will be covered by the agreement. The agreement also applies to full-time and part-time officers who may become employees of the Borough during the term of the agreement. The agreement does not apply to any clerical personnel, extra or special police, fire police, crossing guards, custodians, desk men, dispatchers or any other personnel who are not sworn and Commonwealth of Pennsylvania certified police officers, who may be assigned to the Department on a full-time or part-time basis. Officers shall become subject to the terms of the agreement upon appointment to the Department by the Borough Council.
(3) 
Please refer to the collective bargaining agreement for additional information regarding specific terms and conditions of employment.
B. 
Teamsters Local Union No. 429.
(1) 
The purpose of the collective bargaining agreement is to promote harmonious relations between the Borough and the Union, to establish an equitable and peaceful procedure for the resolution of differences, the establishment of rates of pay, hours of work, and other conditions of employment for employees in the unit defined by an Order of Certification of Pennsylvania Labor Relations Board in Harrisburg, Pennsylvania. The Union is recognized as the exclusive representative for collective bargaining purposes under Act 195 of 1970 of all employees in the Unit certified by the Labor Relations Board.
(2) 
Please refer to the collective bargaining agreement for additional information regarding specific terms and conditions of employment.
A. 
Annual performance review. The Borough shall annually conduct performance reviews of its employees. Performance reviews help management ensure that:
(1) 
Employees meet reasonable workplace standards and goals;
(2) 
Department heads have an opportunity to assess employee achievements and areas needing improvement with respect to these standards and goals; and
(3) 
Employees are on notice about department head assessments.
B. 
Review process. The performance review process generally functions as described below. The Borough reserves the right to modify this process in its discretion.
(1) 
Performance assessment.
(a) 
Employees are encouraged to participate in open communication with their department head and seek performance feedback on a regular basis.
(b) 
Department heads with direct reports are encouraged to provide daily feedback regarding employee performance including successes and challenges. Through formal and informal conversations, both parties are kept abreast of progress towards the successful completion of goals and expectations. These discussions also enable the department head to provide timely feedback and coaching as the year unfolds. Department heads will keep track of key performance highlights and challenges that occur during the year and use these notes when it's time to prepare the employee's annual performance review.
(c) 
All annual performance reviews must be shared with and approved by the Borough Manager before being communicated to the employee.
(d) 
Once the annual performance review has been approved, department heads and the Borough Manager will meet with employees in person to discuss performance, allowing the opportunity for dialogue and questions. If goals have been set and ongoing communication/feedback has taken place, the overall outcome of the annual review should come as no surprise to the employee.
(2) 
Performance ratings. Employees are evaluated against an objective set of criteria. Department heads will assess, across a variety of indicators, whether employees exceed, meet or fail to meet expectations. All performance ratings will be reviewed and approved by the Borough Manager prior to communication to the employee.
(3) 
Goals. Working with department heads, employees will have an opportunity to set goals or performance commitments on an annual basis. Subsequent reviews will take into consideration goals articulated in prior reviews. All goals will be reviewed and approved by the Borough Manager to ensure alignment with the strategic objectives of the Borough.
(4) 
Training and development needs. Department heads may suggest, as appropriate and in conjunction with the employee, additional training and development that can be used to help the employee improve performance. The employee will also have an opportunity to provide comments on the review.
C. 
Performance improvement/corrective action process.
(1) 
It is the responsibility of every employee to be aware of and abide by Borough policies and procedures. It is also the responsibility of each employee to perform all assigned duties in accordance with the performance standards that have been established. Situations involving poor performance or the neglect of job responsibilities will result in some form of performance management. Employees are encouraged to engage in open communication with their department head and seek performance feedback on a regular basis. Department heads with direct reports are encouraged to provide daily feedback regarding employee performance, including successes and challenges.
(2) 
When necessary, employees may be given performance improvement plans to help manage or correct performance deficiencies. These plans are designed to make employees aware of the importance of meeting performance expectations and outline the actions, milestones and behaviors that are necessary to successfully complete the plan.
(3) 
The Borough may consider an employee's job performance, prior violation of work rules, and other relevant circumstances in determining whether to counsel, warn, suspend, or terminate employment. The facts and circumstances of each case will be reviewed by the Borough Manager and the Human Resources Committee and recommendations for corrective action will be made to the Borough Council. The Borough may also take interim measures pending the full investigation and resolution of any disciplinary matter. The Borough Manager has the authority to initiate an employee suspension or leave of absence. These measures could also lead to further disciplinary action, up to and including termination of employment.
D. 
Disciplinary action process.
(1) 
Employees are expected to adhere to all Borough policies and procedures, including those outlined in this Administrative Code. Should an employee violate any of these policies, put the Borough at risk ethically, financially or with the intent to commit fraud, a disciplinary course of action will be taken.
(2) 
The procedures described in this section are guidelines and are designed to outline the steps that Borough management may take in administering disciplinary action. Disciplinary action may be initiated at any step in this process or may be administered outside of this process completely.
(3) 
At the Borough's discretion, depending on the type of problem, conduct or nature of the offense, termination of employment may result without any other prior warning, where the Borough deems such action to be appropriate.
(4) 
Employees should be aware that records of disciplinary action are placed in employee personnel files and become a part of their employment record. In addition, disciplinary action may have an impact on an employee's eligibility for an annual increase and/or annual bonus and may result in a salary adjustment and/or demotion. All records of disciplinary action must be provided to the Borough Manager.
(5) 
Disciplinary action may be taken for various reasons, including repeated patterns of questionable behavior, or blatant disregard for the Borough, its employees and ethical conduct. Examples of issues and behavior that may require disciplinary action include, but are not limited to:
(a) 
Violations of the Administrative Code.
(b) 
Acts of violence.
(c) 
Acts of discrimination and/or harassment.
(d) 
Retaliation.
(e) 
Job abandonment.
(f) 
Excessive tardiness.
(g) 
Insubordination.
(h) 
Errors resulting in significant financial loss to the Borough.
(6) 
The Borough may also take interim measures pending the full investigation and resolution of any disciplinary matter. This includes, but is not limited to, employee suspensions and administrative leaves of absence, which could lead to further disciplinary action up to and including termination of employment.
E. 
Investigative process.
(1) 
All complaints regarding Borough services or staff will be referred to the office of the Borough Manager for review. The Borough Manager will designate the appropriate department head to conduct the investigation into the complaint. Individuals involved in the complaint, either directly or indirectly, will not be part of the investigative process.
(2) 
Complaints that involve the Borough Manager will be referred to the Borough Council Chairperson for investigation.
(3) 
The individual designated to investigate the complaint will provide all findings and recommendations to the Borough Council for review and final disposition.
A. 
Voluntary resignation.
(1) 
Employees who plan to voluntarily resign shall notify their department head at least two weeks in advance of the effective date of termination. For separation due to retirement, more notice is requested. Layoff may occur if a position is eliminated or when there is a lack of funding or work.
(2) 
Any employee who resigns is encouraged to give their reasons for resigning and to discuss with their department head any working conditions which they feel are unsatisfactory.
(3) 
A formal letter of resignation shall be required by the Borough. The Borough Manager hereby accepts resignations upon receipt and will rely on having received it. Resignations may not, therefore, be revoked without permission.
(4) 
Failure to give proper notification shall result in ineligibility for reinstatement.
(5) 
A person who resigned in good standing may be reinstated, at the discretion of the Borough Manager and subject to Borough Council's formal approval, in their former type of position within one year following resignation, provided that the person remains qualified to perform the duties of the position and such reinstatement would be in the Borough's best interest.
(6) 
Employees who resign from their employment with the Borough shall receive payment for accumulated but unused vacation at their current rate of pay. Employees are responsible for giving proper notice and returning all Borough-issued equipment, including passwords to Borough equipment.
B. 
Exit interview.
(1) 
The Borough Manager or designee may schedule a voluntary exit interview with the employee on their last working day.
(2) 
The exit interview is an opportunity for the employee to offer constructive criticism and insight regarding the operation of the office or department.
(3) 
The Borough Manager or designee conducting the exit interview should commit the results of the interview in writing in order to maintain a written record of areas discussed and items requiring further investigations.
(4) 
The employee's correct mailing address should be verified at the conclusion of the interview.
C. 
Return of Borough property.
(1) 
Any Borough-owned materials that pertain to confidential information, were furnished to employees to perform their job, or produced by employees during the course of their employment, will remain the sole property of the Borough. These materials include, but are not limited to, contact lists, documents, proposals, work papers, deliverables, photocopies, notes, drawings, manuals, computer programs, documentation, disks, portable/digital media, computer tapes, equipment, email, instant messaging and/or voicemail.
(2) 
Upon termination of employment, whether voluntary or involuntary, all Borough-owned materials and equipment (computer equipment, cell phones, etc.) must be returned to the Borough in good working condition. Passwords and passcodes must also be given over at the time of termination.
D. 
Continuation of benefits. Employees, their spouses, or dependents who are enrolled in the Borough's group health insurance at the time of the employee's termination from employment or because of another qualifying event may, unless otherwise provided by law, elect to continue participating in the group health insurance plan through the Consolidated Omnibus Reconciliation Act (COBRA). In addition to termination of employment, qualifying events include: death, divorce, legal separation of marriage, and other similar change of status (example: dependent age no longer qualifies for coverage under the parent's group plan). When there is a qualifying event, the employee must notify the Borough Manager so that COBRA can be initiated and properly administered. Monthly payments/expenses are the responsibility the qualifying person or employee.