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.
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, which are covered by collective bargaining agreements
and of all classified positions which are under the jurisdiction of
the Lower Merion Civil Service Commission.
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.
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.
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.
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.