- Article I - Short Title and Definitions
- 1.01 - Short Title
- 1.02 - Definitions
- Article II - Council Organization and Procedure
- 2.01 - General
- 2.02 - Organization Meeting
- 2.03 - Meetings
- 2.04 - Committees of Council
- 2.05 - Municipal Clerk
- Article III - Mayor
- 3.01 - Powers and Duties
- 3.02 - Budget; Financial Affairs; Deeds and Contracts
- Article IV - Chief Administrative Officer
- 4.01 - Powers and Duties
- Article V - Departmental Organization
- 5.01 - Administrative Organization
- 5.02 - Department Heads
- 5.03 - Duties
- 5.04-5.06 - Administrative Services
- 5.07-5.09 - Department of Finance
- 5.10-5.12 - Fire Department
- 5.13-5.15 - Leisure Services
- 5.16-5.18 - Licenses and Inspection
- 5.19-5.22 - Police Department
- 5.23-5.25 - Public Works
- 5.26-5.31 - Public Health
- 5.32-5.34 - Electrical
- 5.35-5.37 - Parking Enforcement
- Article VI - Personnel Rules
- 6.01 - Classification of Township Positions
- 6.02 - Appointment; Promotion; Performance Review;Residency Requirement
- 6.03 - Reduction in the Work Force and Removal of Subordinate Township Employees
- 6.04 - Grievance Procedures
- 6.05 - Training Programs
- 6.06 - Provisional Appointments
- 6.07 - Retirement Age
- 6.08 - Policy Governing Relationships with Employee Organizations
- 6.09 - Work Rules
- Article VII - General Provisions
- 7.01 - Oath Office
- 7.02 - code of Ethics
- 7.03 - Interference with Administration
- 7.04 - Conviction of a Crime
- 7.05 - Sundays and Holidays
- 7.06 - Separability
- 7.07 - Repealer
ARTICLE I: Short Title and Definitions
Section 1.01 - Short Title
This Ordinance shall be known and may be cited as the "Administrative Code of the Township of Upper Darby of 1976."
Section 1.02 - Definitions:
- "Administrative Service" shall mean all personnel in those units of Upper Darby Township which are under the authority of the Mayor.
- "Charter" shall mean the Home Rule Charter of Upper Darby Township.
- "Mayor" shall mean the Mayor of Upper Darby Township.
- "Council" shall mean the Township Council of Upper Darby.
- "Law" shall mean all applicable laws of the United States of America and the Commonwealth of Pennsylvania.
- "Municipality" shall mean Upper Darby Township, Pennsylvania.
- "Ordinance" shall mean all Ordinances of Upper Darby Township, including this Administrative Code.
- "Person" shall mean any individual, partnership, association or corporation.
- "Publish" shall mean to print in a newspaper of general circulation in Upper Darby Township the entire document or a brief summary thereof with a listing of places where copies have been filed and times when they are available for public inspection.
- "Residents of Upper Darby Township" shall mean any person whose permanent place of habitation is fixed within the Township, and to which, whenever he or she is absent, he or she has the intention of returning.
- "Residence" shall mean an abode which a Township officer or employee maintains as a permanent place of habitation.
- "Township" shall refer to Upper Darby Township, Pennsylvania
- "Unit" shall mean all government entities of Upper Darby Township.
In this Ordinance the singular shall include the plural and the plural shall include the singular. ( As amended by Ordinance 2815, adopted 8/17/94 )
ARTICLE II: Council Organization and Procedure
Section 2.01 - General
The number of Councilpersons; their terms, elections and qualification and the filling of Council Vacancies shall be as provided in The Home Rule Charter.
Section 2.02 - Organizational Meeting - Presiding Officer of Council:
- The day, time and place of the Organization Meeting of the Council shall be as provided in the Charter.
- The first order of business shall be the election of a President and a Vice President of the Council and such other Officers as the Council may deem appropriate. Until such election is accomplished, the Municipal Clerk shall preside.
- In the absence of the President, the Vice President shall exercise the duties of the President. In the absence of both the President and the Vice President, the Council shall appoint a President pro tem who shall have all the powers of the President.
Section 2.03 - Meetings:
- Public Notice: Provisions governing public notice of meetings shall be as provided by law.
- Regular Meetings: Provisions regarding the regular meetings of Council shall be as provided in the Home Rule Charter.
- Rules of Procedure: All meetings of the Council shall be governed by Roberts Rules of Order and such other rules as Council may, from time to time, establish.
Section 2.04 - Committees of Council
The Council may, at any time, provide for standing and ad hoc committees to assist with the carrying out of its function. The presiding officer shall appoint the chairperson for each such committee. Each committee so designed by the Council shall elect its officers and provide for rules governing its procedure. Any such committee appointed by the councils hall, thereafter, report to the Council at the regular stated meetings of that Body.
Section 2.05 - Municipal Clerk
The Council shall appoint and fix the salary of the Municipal Clerk. The Municipal clerk shall serve as Clerk of Council, keep its minutes and records of its proceedings, maintain and compile it ordinances and resolutions and perform such other functions as may be required by law or by Township Ordinance. The Municipal Clerk shall, prior to appointment, have been qualified by training or experience to perform the duties of the Office. (Subsection 2.05 added by Ordinance 2532, adopted 12/20/77)
ARTICLE III: The Mayor
Section 3.01 - Powers and Duties
The Mayor shall be the Chief Executive Officer of the Township and shall have those powers and duties prescribed by law, ordinance and the Home Rule Charter (Article IV -The Mayor).
Section 3.02 - Budget; Financial Affairs;
Deeds and Contracts:
- Submission of the Mayor's budget and budget message to Council shall take place at least ninety (90) days prior to the start of the fiscal year. The Council shall hold two (2) public hearings on the contents of the Mayor's budget prior to adoption of the budget. The public hearings on the budget shall be held separately and apart from the regularly scheduled meetings of the Township Council.
- The Mayor's budget shall be organized by line items and shall include detailed personnel requirements and the proposed expenditures for these requirements.
- At any time during the fiscal year, the Mayor may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency in accordance with the provisions of the Home Rule Charter; however, said transfer shall be reported to the Township Council within ten (10) days of the date said transfer became effective.
- All deeds, contracts and other agreements to which the Township is a party shall be executed by the Mayor in accordance with the provisions of the Home Rule Charter; however, any labor agreement with a collective bargaining unit shall become effective only upon approval of Council.
- The Mayor shall submit to Council, on a monthly basis, a list of all bills and invoices paid by the Township during the preceding monthly period.
- The Mayor shall expend funds for capital improvements in accordance with the requirements of the Capital Budget. Any changes or amendments to said budget shall become effective only upon approval of a majority of the members of the Township Council.
- The Mayor shall present or cause to be presented to The Township Council a quarterly summary of the Township's financial affairs. Said summary shall include a statement of both income and expenditures for the year to date and shall be presented at public meetings of the Township Council.
ARTICLE IV: Chief Administrative Officer
Section 3.01 - Powers and Duties
The powers and duties of the Chief Administrative Officer (CAO) shall be those as prescribed by law, ordinance, and the Home Rule Charter (Article V - CAO).
ARTICLE V: Departmental Organization
Section 5.01 - Administrative Organization
The Administrative service of the Township shall be under the Mayor and Chief Administrative Officer and comprised of the following departments and heads thereof:
- Department of Administrative Services - Director
- Department of Finance - Director
- Fire Department - Chief
- Department of Leisure Services - Director
- Department of Licenses and Inspection - Director
- Police Department - Superintendent
- Department of Public Health - Director
- Department of Public Works - Director
- Electrical Department - Director
- Parking Enforcement - Director
(As amended by Ordinance 2531, adopted 12/20/77; Ordinance 2814, adopted 7/20/94; Ordinance 2815, adopted 8/17/94.)
Section 5.02 - Departmental Heads
All department heads shall be appointed by the mayor with approval of the Council. Department heads shall be discharged by the Mayor with approval of Council. Department heads shall be chosen solely on the basis of executive, administrative, and technical qualification as are prescribed by law.
Section 5.03 - Duties
Department heads, under the direction of the Mayor and the Chief Administrative Officer, shall:
- Direct personally and through subordinates the performance of all functions, duties and operations assigned to and required of the department and its subordinate units by law, the Charter, or Ordinance and such other activities as may be required by the Mayor and chief Administrative Officer which are not in conflict with law, the Charter, or Ordinance;
- Assist the chief Administrative Officer in developing and prescribing the internal organization of departments and their subordinate units, in accordance with provisions of law, the Charter, or Ordinance;
- Assign duties and responsibilities, to subordinate officers and employees within the department and modify those assignments consistent with and in response to the changing exigencies of service, subject to the approval of the Mayor and Chief Administrative Officer;
- Develop and prescribe, in written form, an administrative manual for the department, subject to the approval of the Mayor and Chief Administrative Officer;
- Prepare and submit departmental budget requests in accordance with schedules, forms and policies as prescribed by the Mayor;
- Prepare and submit reports prescribed by the Mayor and/or the Chief Administrative Officer;
- Cooperate with and furnish to any department or unit of the Municipality any information, service, labor, material and equipment that may be necessary to perform a municipal function;
- Be aware of and coordinate the activities of the department with appropriate area wide, regional and intergovernmental programs; keep the Mayor and Chief Administrative Officer informed of the activities and policies of such programs as they affect the department or the Municipality; and make analyses and recommendations regarding such activities and policies when appropriate;
- Administer and evaluate intergovernmental contracts and agreements as these relate to departmental functions;
- Develop and maintain internal administrative and budgetary controls and productivity and performance standards to assure maximum levels of quality and quantity of service within budgetary limitations;
- Keep abreast of developments in administrative policies, management techniques, technological advances and make recommendations to the Mayor and Chief Administrative Officer concerning councilmanic action or administrative regulations for the utilization of those policies, techniques, and technologies deemed to be in the best interest of the department and Township;
- Keep abreast of all laws and municipal ordinances and administrative regulations relating to the functions of: the department;
- Serve as a member of any committee or as a staff officer or provide staff services to any authority, board or commission to which the department head may be assigned by the Mayor or Chief administrative Officer;
- Develop personnel planning and employee development policies for the department, including the planning and execution of appropriate training and education programs;
- Establish and enforce rules and regulations for the use of municipal facilities and services and issue such licenses and permits as may be required by Ordinance; and
- Develop and recommend to the Mayor and Chief Administrative Officer rate structures for those services for which user fees are charged.
(Sections 5.04-5.06) Administrative Services
Section 5.04 - Function
The Department of Administrative Services shall be responsible for performing staff functions for the Mayor and Chief Administrative Officer and assisting departments and other units of the Township in carrying out their duties.
Section 5.05 - Department Head
The Department of Administrative Services shall be headed by a Director who shall be responsible to the Mayor and Chief Administrative Officer for the performance of the function of the department.
Section 5.06 - Duties
The duties of the Administrative Director shall be to:
- Administer the personnel system of the Municipality under the direction of the Chief Administrative Officer and subject to the provisions of law, the Charter, or Ordinance, including such matters as:
- Recruiting and selecting persons for municipal employment;
- Developing and maintaining the position classification and pay plans;
- Participating in labor relations programs;
- Developing and maintaining personnel rules and regulations;
- Assisting departments in developing and conducting employee training and development programs;
- Assisting departments in preparing personnel planning programs;
- Developing and maintaining records reflecting all aspects of the service of municipal employees.
- Provide assistance to the Mayor and Chief Administrative Officers in the development of administrative analyses:
- Assisting departments and other units of the municipality in the development of administrative manuals and in the solution of administrative and organizational problems; and
- Performing such research and studies as the Mayor and/or the Chief Administrative Officer shall direct.
- Provide for custodial Services for municipal buildings.
(Sections 5.07-5.09) Department of Finance
Section 5.07 - Function
The Department of Finance shall be responsible for the administration of activities pertaining to the expenditure, accounting, investment, custody and control of municipal funds and assets under the direction of the Chief Administrative Officer.
Section 5.08 - Department Head
The Department of Finance shall be headed by a Director who shall be responsible to the Mayor and Chief Administrative Officer for the performance of the function of the department.
Section 5.09 - Duties
The duties of the Director shall be to:
- Maintain a uniform accounting system in accordance with generally accepted principles of governmental accounting;
- Preaudit, in accordance with generally accepted principles of governmental auditing, fiscal transactions of all municipal units;
- Disburse all payments for authorized expenditures;
- Deposit monies in depositories authorized by Ordinance;
- Provide for the prudent investment of monies;
- Provide custody of fidelity bonds of officers and employees, except his or her own, which shall be in the custody of the Mayor, and provide custody of all deeds, mortgages, contracts, judgments, notes, debts, securities, bonds, insurance policies and other forms of negotiable instruments owned by the Township;
- Supervise the lease, rental , sale or other use of property not used by other Township units;
- Aid the Chief Administrative Officer in administering the purchase system subject to the provisions of law, the Charter, or Ordinance, including such matters as:
- Purchasing materials, services and equipment for the Township;
- Storing materials and equipment not delivered directly to the departments and other units of the Township;
- Maintaining an inventory control system for all real and personal property;
- Determining whether materials, services and equipment purchased meet specifications;
- Evaluating and managing all insurance contracts including fidelity bonds to insure the lowest possible cost to the Township.
- Negotiating total cost purchasing contracts covering initial purchase, maintenance and repurchase whenever possible to insure the lowest possible cost to the Township; andI.Administer Mercantile tax and Occupation Privilege Tax Audit procedures.
- Pursuant to Section 504C of the Home Rule Charter, the Finance Director is designated to take charge of all Township monies from all sources and promptly deposit them the same in a bank, banking institution, or trust company in the name of the Township, and keep distinct accounts of all sums received from taxes and other sources and insure that these accounts shall at all times be open to the inspection of the Mayor, members of Council, and auditors appointed by Council.
- Pursuant to Section 504D of the Home Rule Charter, the Finance Director is designated to be tax collector and collect taxes levied by the Township.
[Subsections J. and K. Added by Ordinance 2754, adopted 12/20/89.]
(Sections 5.10-5.12) Fire Department
Section 5.10 - Function
The Fire Department shall be responsible for fire prevention and fire code enforcement activities in the Township and in enforcing the laws and ordinances pertaining to such activities.
(As amended by Ordinance 2814, adopted 7/20/94.)
Section 5.11 - Appointment
The Fire Chief shall be appointed by the Mayor with the approval of the Council.
(As amended by Ordinance 2814, adopted 7/20/94.)
Section 5.12 - Duties
The duties of the Fire Chief shall be to:
- Plan, organize and administer a program of fire prevention and public safety in accordance with approved policies and directives;
- Review the work performed by firefighting forces in suppression of fires;
- Prepare, in conjunction with the Board of District Chiefs, an annual budget and capital budget for the Department;
- Develop, in conjunction with the Board of District Chiefs, departmental plans and programs and coordinate implementation thereof with the departmental staff;
- Supervise Township Fire Department personnel;
- Meet with community agencies to explain the department's programs and to obtain cooperation for fire prevention programs;
- Act as a liaison between the fire department and other township departments in order to achieve interdepartmental cooperation;
- Oversee and coordinate training programs for all fire fighting personnel;
- Coordinate collection and dissemination of information concerning emergency training;
- Have the authority to be the incident manager of fire/rescue operations when he is at the scene of any incident occurring in Upper Darby Township and to work with the established command of the District Chiefs at the scene of any incident. As used in this subsection an incident shall mean any situation that requires a response by the fire department;
- Prepare and submit annually a status report of the operations and activities of the fire department to the Mayor, Council, and the Board of District Chiefs;L.Review building permit application drawings and provide advice to the Director of Licenses and Inspection regarding:
- Compliance with the Township Fire Code
- Compliance with the Township Building Code
- Requirements for the handling and storage of flammable materials.M.Serve as the Fire and Rescue Services and Hazardous Materials Officer as outlined in the upper Darby Township emergency Operations Plan.
(Original Section 5.12 repealed and replaced by current Section 5.12 by Ordinance 2814, adopted 7/20/94.)
(Sections 5.13-5.15) Department of Leisure Services
Section 5.13 - Function
The Department of Leisure Services shall be responsible for operating the parks and playgrounds of the Township and developing, conducting, and supervising recreation programs and Township library services.
Section 5.14 - Department Head
The Department of Leisure Services shall be headed by a Director who shall be responsible to the Mayor and Chief Administrative Officer for the performance of the function of the department.
Section 5.15 - Duties
The duties of the Director shall be to:
- Plan, develop, design, and administer, in cooperation with other appropriate municipal departments, municipal park and recreation facilities owned,acquired or designated by the Township;
- Organize, equip, and conduct recreation programs for all citizens of the Township;
- Control the planning and maintenance of trees and other vegetation along municipal rights-of-way and other property of the Township; and
- Plan, develop, and administer in consonance with agreements of the Library Board in providing Township Library Services.
(Sections 5.16-5.18) Department of Licenses and Inspection
Section 5.16 - Function
The Department of Licenses and Inspection shall be responsible for the protection of persons and property within the Township through the general administration and enforcement of zoning, subdivision, building and related structural and land use codes.
(As amended by Ordinance 2532, adopted 12/20/77)
Section 5.17 - Department Head
- The Department of Licenses and Inspection shall be headed by a Director who shall also act as the zoning officer of the Township and shall be responsible to the Mayor and Chief Administrative Officer for the performance of the function of the said department.
- The Director and those acting as his agents shall have and exercise police power in the exercise of their authority and shall have the power to issue citations for the violation of those laws and ordinances which are administered and enforced by the Department of Licenses and Inspection.
(As amended by Ordinance 2532, adopted 12/20/77.)
Section 5.18 - Duties
The duties of the Director shall be to:
- Enforce and administer zoning, subdivision building, electrical, demolition and such other related structural and land use codes as may be enacted by law or ordinance.
- Issue such licenses and permits as may be required by law or ordinance.
- Provide for inspection and related procedures to assure proper maintenance and repair of sidewalks in accordance with Township Ordinances; and
- Enforce the Orders of the Zoning Hearing Board.
(As amended by Ordinance 2532, adopted 12/20/77.)
(Sections 5.19-5.22) Department of Police
Section 5.19 - Function
The Department of Police shall be responsible for the protection of persons and property within the Township against crime.
Section 5.20 - Department Head
The Department of Police shall be headed by a Director who shall be responsible to the Mayor and Chief Administrative Officer for the performance of the function of the department.
Section 5.21 - Duties
The duties of the Superintendent shall be to:
- Prevent crimes against persons and property;
- Enforce all criminal laws and ordinances;C.Detect and apprehend offenders and suspected persons;
- Maintain records and files of crimes and criminals;
- Operate facilities for the temporary safekeeping of prisoners;
- Develop and conduct community relations and educational programs;
- Operate and maintain the police radio; and
- Maintain records and logs relating to the radio and emergency communications system as are required by law.
Section 5.22 - Police Powers
Police employed by the Township shall be ex-officio constables of the Commonwealth and shall have the powers and prerogatives conferred on police officers by law. Police, when acting as constables, shall have the authority to serve and execute criminal processes for the violation of Municipal Ordinances which may be issued, and the fees and costs collected in such capacity shall be paid into the Township Treasury.
(Sections 5.23-5.25) Department of Public Works
Section 5.23 - Function
The Department of Public Works shall be responsible for the design, construction, operation, and maintenance of those physical structures and facilities that are owned and maintained by the Municipality to house governmental functions and to provide waste disposal, transportation and similar operations and services; and shall include a sanitation division which shall be responsible for the collection and disposal of solid waste within the Township and for the coordination of activities related to disposal between the Township and the County.
(As amended by Ordinance 2815, adopted 8/17/94.)
Section 5.24 - Department Head
The Department of Public Works shall be headed by a Director who shall be a Registered Civil Engineer and who shall be responsible to the Mayor and Chief Administrative Officer for the performance of the function of the department.
Section 5.25 - Duties
The duties of the Director shall be to:
- Provide engineering services for the Township as the Township Engineer;
- Construct and maintain streets, bridges, and curbs and gutters of the Township, including the provision of street cleaning, snow and ice control services;
- Construct and maintain storm and sanitary sewer structures, facilities, and appurtenances;
- Install and maintain directional signs and street name signs;(As amended by Ordinance 2532, adopted 12/20/77)
- Construct, renovate and maintain Township structures;
- Repair and maintain all municipal vehicles;
- Plan develop, design and administer, in cooperation with other appropriate departments and agencies of other governments, expansion and modification of facilities for which the department is responsible;
- Maintain registration of real estate within the Township; and
- Direct and administer a sanitation division which shall:
- Collect the solid waste within the boundaries of the Township;
- Dispose of the solid waste collected; and
- Coordinate the disposal of solid waste with the County.
(Subsection I. added by Ordinance 2815, adopted 8/17/94.)
(Sections 5.26 - 5.28) Department of Public Health
Section 5.26 - Function
The Department of Public Health shall be responsible for protecting and preserving the public health of the Township.
Section 5.27 - Department Head
The Department of Public Health shall be headed by a Director who shall be Health Officer and who shall responsible to the Mayor and Chief Administrative Officer for the performance of the function of the department.
Section 5.28 - Duties
The duties of the Administrative Director shall be to:
- Conduct disease control and immunization programs;
- Provide environmental health programs including food, housing, plumbing, and water control;
- Provide health education programs;
- Provide health care planning, evaluation, and research programs;
- Provide laboratory services necessary to the work of the department;
- Enforce all laws, ordinances, and resolutions pertaining to the public health;
- Ensure the abatement of all nuisances detrimental to the public health;
- Enforce the rules and regulations relating to the reporting and examination of cases in which a dog or other animal bites a human;
- Seize and arrange for the detention of dogs running at large upon public property within the Township;
- Cooperate with other public or private agencies working in the field of public health to assure that all necessary measures, utilizing all available resources, are being taken to safeguard the public health; and
- Maintain records pertaining to births, deaths, disease and related matters as may be required by law or ordinance or that may be deemed necessary for the effective operation of the department.
(Sections 5.32-5.34) Electrical Department
Section 5.32 - Function
The Electrical Department shall be responsible for installing and maintaining electrical and traffic signification equipment in or on Township owned property or property for which the Township is responsible.
(Section 5.32 added by Ordinance 2532, adopted 12/20/77)
Section 5.33 - Department Head
The Electrical Department shall be headed by a Director who shall be responsible to the Mayor and Chief Administrative Officer for the performance of the function of the department.
(Section 5.33 added by Ordinance 2532, adopted 12/20/77)
Section 5.34 - Duties
The duties of the Administrative Director shall be to:
- Install and maintain traffic control signals and flashing warning devices;
- Install and maintain the electrical lighting, appliances and equipment in all Township facilities; and
- Cooperate with other department heads and governmental agencies to accomplish A. and B. above.
(Section 5.34 added by Ordinance 2532, adopted 12/20/77)
(Sections 5.35-5.37) Parking Enforcement Department
Section 5.35 - Function
The Parking Meter Department shall be responsible for the installation, maintenance, and repairs of all parking meters throughout the Township and for the collection of parking fees and enforcement of all laws and ordinances pertaining to illegally parked vehicles.
(Section 5.35 added by Ordinance 2814, adopted 7/20/94.)
Section 5.36 - Department Head
The Parking Meter Department shall be headed by a Director who shall be responsible to the Mayor and Chief Administrative Officer for the performance of the function of the department.
(Section 5.36 added by Ordinance 2814, adopted 7/20/94.)
Section 5.37 - Duties
The duties of the Administrative Director shall be to:
- Provide for the installation, maintenance, and repair of all parking meters;
- Provide for the collection of all fees which are deposited in parking meters and of all fines paid for violation of parking ordinances;
- Enforce all ordinances and laws pertaining to illegally parked vehicles;
- Keep and maintain all records of parking tickets;
- Issue citations for all unpaid parking tickets;
- File and prosecute all citations for unpaid parking tickets with the District Court;
- Keep and maintain records of all money collected from parking tickets, meter rentals, and parking lot rental spaces; and
- Deposit with the Finance Department all money collected from parking rentals and fines paid for violation of parking ordinances.
(Section 5.37 added by Ordinance 2814, adopted 7/20/94)
ARTICLE VI: Personnel Rules
Section 6.01 - Classification of Township Positions
Each department head shall prepare a position classification, job description and current pay plan for each position in his department. This information shall be kept on file in the Office of the Chief Administrative Officer. Should technological advances and/or administrative concerns warrant reclassification of a position, it shall be the prerogative of the Department Head, in consultation with the Mayor and Chief Administrative Officer, to modify or reclassify any position.
Section 6.02 - Appointment; Promotion; Performance Review; Residency Requirement
- In order to insure that the most qualified persons are employed by the Township, appointment, promotion or demotion shall be base on merit considerations and personal fitness for a job and shall be free of personal, religious, racial, and political bias. all new employees shall be regarded as probational employees for a period of six (6) months following the date their employment began, Such employee may be discharged during his probationary period by the Township in its absolute discretion.
- Determination of merit and fitness for appointment, promotion or demotion shall be based on systematic evaluation by the Department Head, in consultation with the Mayor and Chief Administrative Officer. The determination shall consider experience and eduction levels wherever and whenever each is judged to be in the best interest of the Township.
- The Chief Administrative Officer shall assure that each employee's performance is reviewed annually by their respective Department Heads. This review shall, at a minimum, include determinations of dependability and quality and quantity of work. This review shall be made part of the employee's personnel file and shall be considered confidential information.
- All police officers and paid firefighters hired as full time employees of upper Darby Township must either be or become within six (6) months after completion of their probationary period, and continue to remain during the term of their employment, a resident of Upper Darby Township
- All persons, other than police officers and paid firefighters, hired as full time employees of Upper Darby Township must either be or become, within six (6) months after their date of hiring, and continue to remain during their employment, a resident of Upper Darby Township.
(Subsections D. and E., added by Ordinance 2815, adopted 8/17/94, were originally designated as Subsections 6.01 A. an B.)
- If at any time a position should become vacant or the need arises for the addition of a new position or for the reclassification of an existing position, the Mayor shall notify Council at the earliest opportunity.
(Subsection F., added by Ordinance 2561, adopted 7/5/79, was originally designated as Subsection 6.02 E.)
Section 6.03 - Reduction in the Work Force and Removal of Subordinate Township Employees
Layoff of Township employees who are members of an employee organization or are Civil Service appointees shall be governed by the provisions contained in the contract between the Township and the respective organizations. Notwithstanding contract provisions, the Township, if necessitated by fiscal restraints or in the interest of increased efficiency, may abolish a job classification or position or may redefine the duties of a position or demote an employee. The procedures for appointment, suspension, demotion or removal of subordinate Township employees shall be governed by the terms of Section 803B of the "Home Rule Charter" of the Township of Upper Darby. Continued employment by the Township shall be subject to satisfactory performance of work, necessity for the performance of the particular job and the availability of funds.
Section 6.04 - Grievance Procedures
The grievance procedures for employees who are members of an employee organization or are Civil service appointees shall be in accordance with those contained in respective agreements between the Township and the employee organization or the Civil Service Code. If a difference should arise between an employee and the Township, the employee should consult his immediate supervisor in an earnest effort to settle the difference. Should the bove not prove satisfactory, the grievance shall be brought to the Department Head for settlement. Should this procedure not accomplish a settlement, the grievance shall be brought to the attention of the Chief Administrative Officer, by the Department Head, who shall consult the Mayor for final disposition of the grievance.
Section 6.05 - Training Programs
Department heads shall develop, execute, and provide training and education programs for the personnel in their departments based upon accepted administrative policies and management techniques and the most recent technical information available to them .
Section 6.06 - Provisional Appointments
Department heads may periodically hire temporary employees provided they have received approval or the Mayor and the Mayor has received a written recommendation from the Chief Administrative Officer. Temporary appointments will be approved only if a specific Township requirement and/or need can be demonstrated and then only if funds are available. Temporary employees will not be entitled to the benefits received by regular Township employees.
Section 6.07 - Retirement Age
There shall be a maximum retirement age for non-uniformed Township employees of seventy (70) years of age. however, upon recommendation of the Department Head, an individual employee's performance may be reviewed and employment of the individual continued. The individual's contract shall be reviewed and renewed at least on an annual bases.
(As amended by Ordinance 2551, adopted 2/6/97)
Section 6.08 - Policy Governing Relationships with Employee Organizations
The policies and procedures governing the relationships between the Township and employee organizations shall those defined in the Home Rule Charter, Ordinance, or Law.
Section 6.09 - Work Rules
- The provisions of this Article are hereby repealed insomuch as they apply to the setting of the terms and conditions of the employment of any Township employee, or the setting of rules and regulations by the Township concerning areas of discretion or policy deemed to be matters of inherent managerial policy by the provisions of Act 111, June 24, 1968, P.L. 237. 43 P.S. Subsection 217.1-217.10, as amended, and known as "Collective Bargaining by Policemen or Firemen" or Act 195, July 23, 1970 P.L. 563, 43 P.S. subsection 1101.101-1101-2301, as amended, and known as the "Public Employee Relations Act."
- The Work Rules as promulgated in Ordinance 2497 and which were included by reference in this section, are hereby repealed insofar as they apply to the setting of the terms and conditions of the employment of any Township employee or the setting of rules and regulations by the Township concerning areas of discretion or policy deemed to be matters of inherent managerial policy, by the provisions of Act 111, June 24, 1968. P.L. 237, 43 P.S. Subsection 217.1-217.10, as amended, and known as "Collective Bargaining by Policemen or Firemen" or Act 195, July 23, 1970 P.L. 563, 43 P.S. subsection 1101.101-1101-2301, as amended, and known as the "Public Employee Relations Act."
- The Mayor shall, as necessary. promulgate and cause to be published, all rules and regulations concerning areas of discretion or policy deemed to be matters of inherent managerial policy by the provisions of Act 111 or Act 195 as applied to any Township employee subject to the provisions of Act 111 or Act 195.
- As used in this Article, the following terms shall have the meaning given as follows:
- "Act 111" - Act 111 June 24, 1968, P.L. 237, 43 P.S. Subsection 217.01-217.10, Collective Bargaining for Policemen or Firemen.
- "Act 195" - Act 195, July 23, 1970. P.L. 563, 43 P.S. Subsection 1101.101-1101.2301, the Public Employee Relations Act
- "Terms and Conditions of Employment" shall include compensation, hours, working conditions, retirement, pensions and other benefits and the settlement of grievances or disputes.
- "Matters of Inherent Managerial Policy" shall include but not be limited to such areas of discretion or policy as the functions and programs of the Township, standards of services, the overall Township budget, utilization of technology, the Township's organizational structure and selection and direction of Township personnel.
ARTICLE VII: General Provisions
Section 7.01 - Oath of Office
All Councilpersons, the Mayor, the Chief Administrative Officer, all department heads and the Township Treasurer, before commencing their official duties, shall take and sign an Oath of Office as shall, from time to time, be prescribed by law. such oath shall be taken and signed before a Judge, District Justice, Magistrate or Notary Public of the Commonwealth of Pennsylvania. this oath shall be filed, in written form, with the Municipal Clerk prior to assuming office.
Section 7.02 - Code of Ethics
All Councilpersons, the Mayor, the Chief Administrative Officer, all department heads and the Township Treasurer, before commencing their official duties, shall affirm to a Code of Ethics. The signed affirmation of such Code of Ethics by all Councilpersons, the Mayor, the Chief Administrative Officer, all department heads and the Township Treasurer shall be filed with the Municipal Clerk.
- Personal Financial Interest Any Township Officer or employee having a financial interest in any contract, project or program, executed or undertaken by the Township, shall disclose the nature of such interest and refrain from taking any active part in the promulgation or implementation of such contract, project or program. Any violation of the requirements of this section shall constitute malfeasance of office or position and shall render the contract, project or program voidable at the option of the Mayor and/or Township Council.
- No person shall be appointed to or removed from or in any way favor or discriminate against with respect to any Township position or appointive office because of race, sex, political or religious opinions or affiliation.
- No Township Officer or employee shall use or otherwise avail himself or herself to the use of Township personnel, equipment, or supplies except in connection with official Township business.
- No person shall willfully make any false statement, certificate, mark, rating, or any report in regard to any test, certification, or appointment to any Township position or appointive office.
Section 7.03 - Interference with Administration
Except as otherwise provided in this Administrative Code, and for the purposes of inquiries and investigations, the Township Council or its Members shall deal with employees in the Administrative Service solely through the Mayor and/or Chief Administrative Officer and neither the Council nor its Members shall give orders to such employees either publicly or privately
Section 7.04 - Conviction of a Crime
Any person convicted of a felony, or a crime, or offense involving moral turpitude shall for a period of ten (10) years be ineligible to assume any municipal elective or appointive office and, upon conviction thereof while in office, shall forfeit such office.
Section 7.05 - Sundays and Holidays
Whenever any time established by this Ordinance for the taking of any action expires on a Sunday or on a legal holiday such time shall not expire on said day but shall expire on the next weekday.
Section 7.06 - Separability
If any Section, subsection, sentence, clause or phrase of this Ordinance is for any reason held invalid or unconstitutional by decision of any Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have passed this Ordinance and each portion thereof respective of the fact that any portion thereof be declared illegal.
Section 7.07 - Repealer
All Ordinances or parts of Ordinances which are in force when this Administrative Code is adopted are repealed to the extent that they are inconsistent or interfere with the effective operation of this Administrative Code.