Any employee may be temporarily separated by
layoff or suspension or permanently separated by resignation or dismissal.
A.
Layoff shall occur whenever the Mayor and Council
shall determine that due to lack of work or lack of funds a layoff
is desirable.
B.
Within an affected job classification, all temporary
employees shall be laid off before any probationary employees are
laid off, and all probationary employees shall be laid off before
any permanent employees are laid off.
C.
Layoff within each of the categories (temporary, probationary
or permanent) within an affected job classification shall be determined
by the quality of an employee's performance, as recorded on annual
performance evaluations.
Whenever a nonexempt employee (terminated through
no fault of his own) who has completed the probationary period but
has less than one year's employment is terminated, one week's severance
pay will be granted. If so terminated after one year's employment,
a payment of two weeks' severance pay will be made.
When, in the judgment of the Borough Administrator,
an employee's work performance or conduct justifies disciplinary action
short of dismissal, the employee may be suspended without pay. A suspended
employee may request a hearing before the Personnel Board, and such
hearing shall be held within 30 days from the date the request is
received. If the suspension is not upheld, the employee will receive
any back pay due him as a result of said suspension.
A.
A permanent employee may be dismissed or demoted whenever,
in the judgment of the Mayor and Council, together with the recommendation
of the appropriate department head, the employee's work or misconduct
so warrants. When such action is decided upon, a written notification
containing a statement of the substantial reasons for the action shall
be given to the employee and the Personnel Board. The notice shall
inform the employee that he shall be allowed three calendar weeks
from the effective date of the action to file a reply with the Personnel
Board and to request a hearing before the Personnel Board. Any subsequent
decisions shall be subject to the majority approval of the Mayor and
Council.
B.
If the employee files a reply and requests a hearing
within the prescribed period, the Personnel Board shall schedule a
formal and private hearing at the earliest possible date, but in any
event not later than 30 days after such request is received.
If the Personnel Board finds that the supervisor failed to follow the proper procedure outlined in § 49-53, the employee shall be reinstated to his former position without loss of pay. In all other cases wherein the Personnel Board does not sustain the action of the supervisor, the Personnel Board's findings and recommendations shall be advisory in nature, and the Mayor and Council may affirm the original action or modify it pursuant to the Personnel Board's recommendations.
