The officials and employees of the Township are hereby divided and classified as follows:
A. 
Elected officials, comprised of members of the Board of Commissioners and the Township Treasurer.
B. 
Board-appointed officials, comprised of the Township Manager, Township Secretary, Township Solicitor and Township Engineer.
C. 
Management and general exempt positions, comprised of classified positions appointed by the Township Manager or appointed by the Board and under the control of the Manager pursuant to § 5-31 of this chapter and exempt from provisions of collective bargaining statutes and from the jurisdiction of the Lower Merion Civil Service Commission.[1]
[1]
Editor's Note: See Ch. A164, Civil Service Commission: Rules and Regulations.
D. 
Nonexempt classified positions, comprised of all classified positions covered by the provisions of the Pennsylvania Act of June 24, 1968, P.L. 237, No. 111, as amended, and by the provisions of the Pennsylvania Act of July 23, 1970, P.L. 563, No. 195, as amended,[2] which are covered by collective bargaining agreements and of all classified positions which are under the jurisdiction of the Lower Merion Civil Service Commission.
[2]
Editor's Note: See 43 P.S. § 217.1 et seq. and 43 P.S. § 1101.101 et seq., respectively.
E. 
Special exempt positions, comprised of all other employees and which are mainly part-time and temporary and special positions not covered by any other of the above classes.
A. 
The Board of Commissioners shall prescribe the various regulations and provisions regarding personnel matters as to the following general classes:
(1) 
Elected officials.
(2) 
Board-appointed officials.
B. 
The Township Manager shall prescribe the various regulations and provisions regarding personnel matters as follows:
(1) 
Management and general exempt class and the special exempt class, subject to any specific provisions adopted by ordinance or resolution of the Board of Commissioners and that which is provided by appeal or review rights assigned to the Personnel Review Board.
(2) 
Nonexempt classified employees, subject to the provisions of collective bargaining agreements, Civil Service Commission authority and any specific provisions adopted by ordinance or resolution of the Board of Commissioners.
A. 
Creation, purposes and duties. There is hereby created an appeal board known as the "Personnel Review Board," whose members are nominated by the Township Manager and appointed by the Board of Commissioners. The principal purpose of the Personnel Review Board shall be to ensure fair and equitable methods and standards, free from political interference, for the terminating, promoting, transferring and disciplining of Township employees, excluding those employees under the jurisdiction of the Civil Service Commission[1] or covered by provisions of collective bargaining contracts and to hear appeals relating to such terminating, promoting, transferring and disciplining and to advise the Township Manager concerning rules and regulations necessary to ensure a fair evaluation of employee performance.
[1]
Editor's Note: See Ch. A164, Civil Service Commission: Rules and Regulations.
B. 
Membership. The Personnel Review Board shall be comprised of three members, each to serve for the term of six years or until their successors are appointed, said members to serve without compensation. Initial appointments hereafter shall be for shorter terms, staggered to expire two years apart. A majority of the members shall be residents of the Township. No member shall hold any other salaried public office, and at least one member shall have experience with personnel administration. Appointments to fill vacancies during a term shall be for the unexpired portions of such term. One of the members of the Personnel Review Board shall be designated by the Township Manager to serve as the Chairman of the Board. From time to time, the Township Manager also shall designate one of the members of the Board to serve as Vice Chairman. In the absence or disability of the Chairman or when the Chair is vacant, the Vice Chairman shall perform the functions vested in the Chairman. The third Board member shall be designated as the Secretary of the Board.
[Amended 5-15-1985 by Ord. No. 2074; 1-20-1993 by Ord. No. 3307]
C. 
Meetings. The Personnel Review Board shall meet at the call of the Chairman or, in his absence, at the call of the Vice Chairman. Special meetings shall be called at the request of a majority of the members of the Board or at the specific request of the Township Manager or by resolution of the Board of Commissioners. Each member shall be notified, in writing, of each and every meeting and at least 48 hours in advance thereof. Two members shall constitute a quorum, and no action of the Board shall be valid unless it shall have the concurrence of a majority of the members in attendance.
D. 
Records. The Personnel Review Board shall keep official, recorded minutes of its proceedings and records of examinations and other official actions.
E. 
Reports. The Personnel Review Board shall make an annual report to the Township Manager containing a brief summary of its work during the year, which shall be available for public inspection.
F. 
Hearings. The Personnel Review Board shall hold hearings and render adjudications pursuant to §§ 5-38, 5-39, 5-40 and 5-41 of this chapter.
A. 
Procedure. The Personnel Review Board shall have appellate jurisdiction of the following matters, pursuant to the following procedure:
(1) 
Except for department heads and office heads, employees reporting directly to the Township Manager and who also occupy management and general exempt positions may appeal actions of the Township Manager involving termination or suspension of service or demotion or reduction in rank.
(2) 
All exempt employees, except for those provided for in Subsection A(1) above, may appeal personnel actions involving termination or suspension of service, demotion or reduction of compensation only after first submitting an appeal to the Township Manager or his designee for a re-review.
(3) 
In cases involving citizen complaints against personnel of the Township, an employee may request a review of the findings of the Township Manager or department head.
B. 
Reversal or amendment. The Township Manager shall have 15 working days after the Personnel Review Board has rendered an adjudication in any appeal referred to in this section in which to reverse or amend his appealed action. If the Township Manager does not reverse or amend his decision within said fifteen-day period, the adjudication of the Personnel Review Board shall be final. An amended decision of the Township Manager shall be the subject of an appeal de novo before the Personnel Review Board if an appeal from such amended decision is taken pursuant to § 5-40 of this chapter.
The Personnel Review Board shall have appellate jurisdiction to make an adjudication in those matters set forth in § 5-38 of this chapter which shall be binding upon the parties involved, provided that both the Township Manager and the aggrieved employee have agreed to submit to a binding adjudication. No binding adjudication of the Personnel Review Board shall prevent the Board of Commissioners from exercising discretionary jurisdiction over the matter and from sustaining, reversing or modifying the adjudication of the Personnel Review Board.
A. 
An aggrieved employee shall file a petition for appeal with the Secretary of the Personnel Review Board, and the employee shall file a copy of the petition with the Manager. The aggrieved employee shall also file a copy of the petition with the Personnel Director, unless the aggrieved employee is an employee who reports directly to the Manager.
B. 
A petition for appeal shall be in writing and shall set forth:
(1) 
The name of the appellant.
(2) 
The action appealed and its effective date.
(3) 
A request for a hearing, if desired.
(4) 
A statement of the remedy the appellant seeks from the Personnel Review Board.
(5) 
The name of the appellant's representative, if any.
(6) 
Attachment of any relevant document, including the decision of the Township Manager.
(7) 
Signature by the appellant and representative, if any.
C. 
Time for filing. A petition for appeal must be filed within 14 calendar days after the day of the date of the action being appealed.
D. 
In the event that the Personnel Review Board fails to commence a hearing within 45 calendar days after the day of the date of the filing of the petition for appeal, the petition for appeal shall be deemed denied, and the action under appeal shall be deemed affirmed and may thereafter become final under § 5-38 of this chapter.
A. 
Any party may be represented by counsel before the Personnel Review Board.
B. 
Each party shall be afforded reasonable notice of the hearing and shall be afforded an opportunity to be heard. All testimony may be stenographically recorded, and a full and complete record may be kept of the proceedings. In the event that all testimony is not stenographically recorded and a full and complete record of the proceedings is not provided by the Township, such testimony shall be stenographically recorded, and a full and complete record of the proceedings shall be kept at the request of any aggrieved employee agreeing to pay the costs thereof. In the absence of stenographically recorded testimony and a full and complete record of the proceedings, a record of the proceedings shall be made in the form of minutes by the Secretary of the Personnel Review Board, a copy of which shall be provided to all parties.
C. 
All testimony shall be given under oath. The Personnel Review Board shall not be bound by technical rules of evidence at its hearings, and all relevant evidence of reasonably probative value may be received. Reasonable examination and cross-examination shall be permitted.
D. 
All adjudications of the Personnel Review Board shall be in writing, shall contain findings and the reasons for the adjudication and shall be served upon all parties or their counsel personally or by mail.
A. 
Issues. In its sole discretion, the Personnel Review Board may decide to review issues of the following type and to issue advisory opinions involving:
(1) 
Requests for informal hearings on determinations relating to disability, retirement, health insurance and pension matters made by the Personnel Director or the Township Manager.
(2) 
Matters involving Board-appointed officials when referred by at least three members of the Board of Commissioners.
(3) 
Any personnel matter referred by the Township Manager.
B. 
Exclusion of certain requirements. Any discretionary review or advisory opinion undertaken pursuant to this section shall not be subject to the requirements and provisions of § 5-38, 5-39, 5-40 or 5-41 of this article.
Any aggrieved employee or the Township Manager may appeal an appealable final adjudication, referred to in § 5-38 of this chapter, of the Personnel Review Board, before which he was a party, to the Board of Commissioners, pursuant to the following conditions, requirements and procedure:
A. 
The appealing party shall file a petition for appeal with the Township Secretary and will on the same day, serve, by personal service or mailing, a copy of the petition on all other parties or their counsel.
B. 
A petition of appeal shall be in writing and shall set forth:
(1) 
The name of the appellant.
(2) 
The adjudication appealed and its effective date.
(3) 
A request for a hearing, if desired.
(4) 
A statement of the remedy the appellant seeks from the Board.
(5) 
The name of the appellant's representative, if any.
(6) 
Attachment of any relevant document, including the final decision of the Township Manager.
(7) 
Signature by the appellant and representative, if any.
C. 
Time of filing. Petitions for appeal must be filed no later than 14 calendar days following the day of the date on which the adjudication of the Personnel Review Board became final pursuant to § 5-38 of this chapter. Failure of any party to appeal a final adjudication of the Personnel Review Board within said fourteen-day period shall cause such final adjudication to be binding on all parties.
In its sole discretion, the Board shall render an adjudication or be deemed to have rendered an adjudication in any one of the three following methods on all appeals brought before it under § 5-43 of this chapter:
A. 
The Board may review the record of the proceeding before the Personnel Review Board and the adjudication of the Personnel Review Board and shall render an adjudication sustaining, reversing or modifying the adjudication of the Personnel Review Board. The adjudication shall be in writing, shall contain findings and the reasons for the adjudication and shall be served upon all parties or their counsel personally or by mail.
B. 
The Board may review the record of the proceeding before the Personnel Review Board and the adjudication of the Personnel Review Board and take additional testimony and render an adjudication sustaining, reversing or modifying the adjudication of the Personnel Review Board. The adjudication shall be in writing, shall contain findings and the reasons for the adjudication and shall be served upon all parties or their counsel personally or by mail.
C. 
If the Board does not render an adjudication pursuant to Subsection A or B of this section within 75 calendar days after an appeal has been filed pursuant to § 5-43 of this chapter, the Board shall be deemed to have rendered an adjudication sustaining the adjudication of the Personnel Review Board.
A. 
Department heads and office heads shall serve at the pleasure of the Township Manager and may be removed, dismissed or suspended from office with or without cause.
B. 
Except for a serious breach of duty, misconduct, misfeasance, malfeasance or a similar charge, personnel dismissed pursuant to § 5-38A(1) of this chapter or pursuant to § 5-46 of this chapter shall be given a minimum of two months to a maximum of five months notice or equivalent severance. Determination of the notice period by the Manager or the Board shall not be subject to appeal unless the dismissal is less than two months after notice and without severance.
C. 
Except for personnel referred to in § 5-45A of this chapter, unless otherwise contrary to law, personnel in the administrative service shall be subject to review as governed by merit principles and the due process provisions provided by the Lower Merion Civil Service Commission[1] or the Lower Merion Personnel Review Board and/or the grievance provisions of the various labor agreements.
[1]
Editor's Note: See Ch. A164, Civil Service Commission: Rules and Regulations.
A. 
Biannual evaluation. The Township Manager shall biannually submit the names of the various department heads and office heads and that of the Assistant Township Manager, if so named, for a confidential performance review by the Board of Commissioners. The results of said performance review shall be advisory to the Board of Commissioners, except as otherwise provided in this section.
B. 
Unsatisfactory review. If a majority of the Commissioners shall indicate that a department head's or office head's performance is considered unsatisfactory, the Manager shall be given, in writing, a statement of concern, charges or reasons for said evaluation. It shall be the duty of the Township Manager to respond to this statement within 30 days. The Board shall act on this report within 60 days by any of the following methods:
(1) 
Accept the Manager's report and/or let the 60 days lapse, in which event the Township Manager's report shall be considered accepted.
(2) 
By majority vote, set forth a probationary period of not less than three months nor more than six months. The Township Manager shall submit an evaluation at the conclusion of this probationary period. The Board may, within 60 days of conclusion of the probationary period and upon a two-thirds vote of its members, vote to dismiss the department head or office head, either with cause or without cause, and without recourse by the Township Manager.
(3) 
The Board may, within 60 days from receipt of the Township Manager's report and upon a two-thirds vote of its members, dismiss the department head or office head. Said dismissal shall be with cause, in writing, and without recourse by the Township Manager.
A. 
The wages or salaries of Township employees shall be according to pay schedules comprised of either ranges or steps, established from time to time by action of the Board of Commissioners. Said pay rates shall be set by the Township Manager within the parameters of the applicable pay schedules and labor agreements.
B. 
Appointments to or advancements within the prescribed ranges may be at the direction of the Township Manager upon evaluation of employee qualifications and performance.
Complaints against Township employees shall be directed to the Township Manager in the case of management personnel and to the head of a department or office in the case of all other personnel. The Township Manager shall cause all such complaints to be investigated to the extent necessary to determine the validity of the complaint and the need for remedial action, if any.