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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
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A.
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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.
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B.
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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.
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C.
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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.
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D.
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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
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E.
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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.)
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F.
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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.)
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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
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A.
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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."
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B.
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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."
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C.
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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.
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D.
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As used in this Article, the
following terms shall have the
meaning given as follows:
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(a)
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"Act 111" - Act 111 June 24,
1968, P.L. 237, 43 P.S.
Subsection 217.01-217.10,
Collective Bargaining for
Policemen or Firemen.
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(b)
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"Act 195" - Act 195, July 23,
1970. P.L. 563, 43 P.S.
Subsection 1101.101-1101.2301,
the Public Employee Relations
Act
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(c)
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"Terms and Conditions of
Employment" shall include
compensation, hours, working
conditions, retirement, pensions
and other benefits and the
settlement of grievances or
disputes.
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(d)
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"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.
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(Original Section 6.09
repealed and replaced by current
Section 6.09 by Ordinance 2811,
adopted 3/16/94.)
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