[HISTORY: Adopted by the Borough Council of the Borough of
Baldwin 8-26-1963 by Ord. No. 259. Amendments noted where applicable.]
A.
No
employee shall be discriminated against because of race, religious
belief, or political opinion or affiliations.
B.
The
tenure of all employees shall be based upon continued satisfactory
service, proper personal conduct and continued fitness for their positions.
C.
No
employee shall be required to contribute to any political fund, be
required to contribute financially to a campaign for an elective municipal
office or be required to take part in any such campaign.
A.
No
employee shall be entitled to sick leave, emergency leave or annual
leave until said employee shall have completed at least 12 months
full-time or regularly scheduled part-time employment; however, all
other benefits shall accrue as of the date any such employee enters
the service of the Borough.
B.
Any
regularly scheduled part-time employee, except school guard, may be
entitled, at the discretion of Council, to annual leave without diminution
in compensation, sick leave and emergency leave. The period of time
of such annual leave, sick leave and emergency leave shall be determined
by Council and shall be computed on the basis of one working day or
portion thereof annual leave, sick leave or emergency leave for a
designated number of hours or days or major portions thereof actually
worked by said employee for the Borough during the prior twelve-month
period. No such regularly scheduled part-time employee shall be permitted
to accumulate annual leave for the purpose of receiving extra or overtime
compensation. The schedule of holidays and holiday pay rates provided
for herein shall apply to any regularly scheduled part-time or casual
employees.
C.
Time
lost by any employee by reason of leave without pay or time otherwise
not worked or paid for will not be counted in computing sick leave
or annual leave to which such employee is entitled.
A.
Work
in excess of established schedules shall be permitted only when necessary
to meet operating requirements and only when authorized in advance
of the performance of such work by a designated officer. Overtime
work so authorized for salaried employees shall be compensated for
by allowing said employee a like amount of time off within 90 days
after the end of the month in which such authorized overtime work
was performed; provided, however, that such time off must first be
approved by a designated officer, provided further that, if Council
determines that the granting of such time off after performance of
authorized overtime work would be disruptive of the orderly operation
and administration of the Borough, Council may, at its discretion,
authorize, in lieu of like compensatory time off, payment for such
authorized overtime work by salaried employees in excess of established
schedules.
B.
Employees
who are compensated at an hourly wage rate shall receive compensation
for similarly authorized overtime work at the rate of time and 1/2
for every hour worked in excess of 40 hours in any working week.
A.
Sick
leave with full pay shall be granted at the rate of 10 working days
per year. Sick leave may be granted only for personal illness and
may be accumulated for a period of three years. Earned sick leave
shall be considered as working time in computing the annual leave
to which the employee may be entitled.
B.
Sick
leave in excess of three consecutive days shall be granted an employee
only upon presentation to the Secretary of a signed certification
from the attending physician or practitioner. The Secretary must be
contacted on the first day of absence in order for the employee to
claim sick leave benefits. False claims for sick leave or emergency
leave benefits will be considered cause of disciplinary action, including
suspension, demotion or dismissal.
C.
Emergency
leave of not more than three days for death or serious illness of
the spouse, parent, child, brother or sister of any full-time or regularly
scheduled part-time employee may be granted without diminution in
compensation; provided, however, that approval of the Secretary shall
be secured in advance.
Annual leave without diminution in compensation shall be granted
to all eligible full-time employees in accordance with the following
schedule: five working days per year after 12 consecutive months of
full-time employment with the Borough; 10 working days per year after
36 consecutive months of full-time employment with the Borough; and
15 working days per year after 60 consecutive months of full-time
employment with the Borough; provided, however, that all eligible
full-time employees who, at the effective date of this chapter have
worked at least 12 but less than 36 consecutive months for the Borough
shall be entitled to annual leave, without diminution of compensation,
of 10 working days per year. No employee shall be permitted to accumulate
annual leave time for more than one year or to waive annual leave
for the purpose of receiving overtime compensation.
[Amended 9-27-1965 by Ord. No. 305]
A.
All
employees shall be entitled to the following seven legal holidays
at full pay: New Year's Day, Memorial Day, Independence Day,
Labor Day, Veterans Day, Thanksgiving Day and Christmas Day. When
one of the aforesaid holidays falls on a Sunday, the following Monday
shall be observed as a holiday. All employees shall be entitled to
a one-half-day holiday on Good Friday at full pay; provided, however,
that no employee shall be entitled to be compensated for any of the
aforesaid holidays upon which an employee does not actually work if
such employee fails to work on the working day before and the working
day after said designated holiday.
B.
Any
holiday work by a salaried employee shall be compensated for by allowing
such employee time off within 90 days of the time earned at the rate
of 1 1/2 hours for each hour or major fraction thereof, provided
that such compensatory time off may be taken only with the prior approval
of the Secretary. Holiday work by hourly rate employees shall be compensated
at double the regular time.
Any employee called for jury duty shall be compensated in an
amount equal to the difference between the employee's regular
compensation and his compensation as a juror.
A.
Where
the good of the service is involved, a leave of absence granted by
Council to any employee to attend a recognized official meeting shall
be considered as time on duty.
B.
Any
employees called into the active service of any branch of the armed
forces of the United States shall be granted leave of absence for
the period of such service without loss of status, provided that the
employee applies for reinstatement to the Secretary within 90 days
after honorable discharge.
C.
Any
employee may be granted a leave of absence without pay for a period
not to exceed 60 days in any one calendar year for sickness, disability
or other good and sufficient reasons which are considered by the Council
to be in the best interests of the Borough.
Any employee wishing to leave the service of the Borough in
good standing shall file with the Secretary, at least 14 days before
leaving, a written resignation stating the effective date of resignation
and the reasons for leaving. Failure to comply with the provisions
of this section may be considered cause for denying such employee
future employment and for denying him such benefits as have been made
available. Unauthorized absence from work for a period of three days
may be considered as a resignation disclaiming benefits.
A.
From and after the effective date of this section, the Council of
the Borough of Baldwin shall constitute and be the forum for the hearing
and determination of Heart and Lung Act benefits under the provisions
of the Heart and Lung Act, the Act of May 31, 1974, P.L. 309, No.
99, as amended, 53 P.S. § 637, and all claims authorized
under the provisions of the Act shall be administered and determined
by the Council of the Borough of Baldwin, except that, in the event
that a determination shall be made by the Council of the Borough of
Baldwin that a police officer should be terminated or dismissed because
of his inability to perform his duties in accordance with the civil
service provisions of the Borough Code,[1] and such officer has appealed the termination to the Civil
Service Commission and such officer has made claims under the Heart
and Lung Act because of his disability, then the Civil Service Commission
of the Borough shall be authorized and empowered to hear such Heart
and Lung Act claim, but only in that case. Nothing contained herein
shall be construed so as to authorize or impose any responsibility
for the determination or administration of workers' compensation claims
upon the Council.
[1]
Editor's Note: See 53 P.S. § 45101 et seq.
B.
For the purposes of the administration of this section, a quorum
of the Council of the Borough of Baldwin shall be considered a sufficient
forum for the determination of whether or not benefits should be payable
under the Heart and Lung Act, and the vote of the majority of the
quorum present shall be sufficient to render a decision. A stenographic
record of the proceedings shall be kept at the expense of the Borough,
which record is to be sealed and shall not be released to any member
of the public or to any persons other than the Councilpersons of the
Borough of Baldwin, the Secretary of the Borough, the Solicitor of
the Borough, or such persons acting in the capacities of Borough Secretary
or Solicitor, unless the police officer shall, in writing, authorize
the release of such transcript to any other persons; provided further,
however, that nothing contained herein shall restrict the right of
the Borough to use such records in any court proceedings and appeals,
or to provide them to the workers' compensation carrier responsible
for the payment of workers' compensation benefits to employees of
the Borough.
C.
The hearing regarding any claim by a police officer under the Heart
and Lung Act shall be in accordance with the provisions of the Local
Agency Law, the Act of April 28, 1978, P.L. 202, No. 53, as amended,[2] and all provisions stated therein shall be observed, unless
the same shall be in direct conflict with the provisions of this section
insofar as the same relates to the confidentiality of the stenographic
record. Following the hearing, the Council shall make its decision
in writing, which shall briefly describe its reasons for the adjudication,
its findings of fact and conclusions of law. The decision shall be
rendered no later than 90 days from the date of the hearing and shall
be forwarded by first-class mail to the police officer making any
such claims. Prior to any such hearing, and upon the presentation
of a claim or demand by a police officer, such police officer shall
submit in writing a concise statement of all facts or circumstances
which the police officer deems to be relevant to his or her claim,
and shall submit any medical documentation of any physicians attending
such police officer which shall detail the nature of the injury and
whether or not the same is causally connected to the claimed disability
of the police officer, and shall specifically indicate that the disability
is job related or was incurred while on duty. To the extent that the
disabilities of any police officers have been the basis of a claim
for workers' compensation benefits, the standards of proof requiring
causal connection between the employment and the injury which have
been developed through workers' compensation cases shall apply to
the Heart and Lung Act cases where the issue of whether disability
is work related is involved. The Borough may seek further evidence
of the claimant's disability and may require the claimant to
appear before a physician of the Borough's choice for examination.
The failure or refusal of the police officer or claimant to submit
such documentation or yield to such examinations in a timely manner
shall be the basis for dismissal of all such claims. Witnesses may
be subpoenaed pursuant to the subpoena power contained in the Borough
Code.
[2]
Editor's Note: See 2 Pa.C.S.A. § 105.
D.
This section shall take effect immediately; further, any cases decided
prior to the enactment of this section and pursuant to and in reliance
upon the determination of the Commonwealth Court of Pennsylvania in
the case of Sidlow v. Township of Nether Providence, 621 A.2nd 1105
(1993), shall be conducted in accordance with the provisions of this
section pending its adoption by the Borough Council.
E.
Any provisions of this section which shall be declared unconstitutional
shall not affect the validity of the remaining provisions of the section,
and the remaining provisions shall continue in full force and effect
unless amended or repealed by the Council of the Borough of Baldwin.