Chapter 3.12
CONDITIONS OF BOROUGH EMPLOYMENT
Sections:
3.12.010 Classification of positions.
3.12.020 Extension of partially exempt and classified services.
3.12.030 Temporary and part-time positions.
3.12.050 Regular workday and workweek.
3.12.120 Performance evaluations.
3.12.130 Employee political rights.
3.12.010 Classification of positions.
There shall be the following three categories of borough service:
A. Classified Service. The classified service consists of all positions in the borough service not included in the exempt service or in the partially exempt service.
B. Exempt Service. Unless otherwise provided by law, the following positions in the borough service constitute the exempt service and are exempt from the provisions of this title and the rules adopted under it:
1. Persons elected to public office by popular vote or appointed to fill vacancies in elected offices;
2. Persons employed in a professional capacity to make a temporary and special inquiry, study or examination as authorized by the mayor, the assembly, or lawfully constituted commissions or boards; and
3. Members of boards, commissions or authorities except as otherwise provided by law.
C. Partially Exempt Service. Positions in the partially exempt service are subject to the provisions of this chapter in all respects, except that persons holding positions in the partially exempt service are not required to take an examination or to qualify for or earn a place on a register, and are not eligible for a hearing in case of dismissal, demotion or suspension. Partially exempt employees serve at the pleasure of the mayor who may suspend or discharge such employees in the mayor’s sole discretion when the mayor deems it necessary for the good of the service. The following positions in the borough service constitute the partially exempt service:
1. Department directors and deputy directors;
2. Special assistants and all other personal staff positions in the mayor’s office;
3. The borough clerk.
D. All positions may be full- or part-time. (Ord. 13-10 § 1, 2014; Ord. 91-04 § 2 (3.12.010), 1991. Formerly 3.12.020)
3.12.020 Extension of partially exempt and classified services.
A. The personnel officer, upon written approval by the borough assembly, may extend the partially exempt service to include any position in the classified service which, in the judgment of the personnel officer:
1. Involves principal responsibility for the determination of policy;
2. Involves principal responsibility for the way in which policies are carried out; or
3. Involves responsibilities and duties of a type not susceptible to the ordinary recruiting and examining procedures.
B. Positions may not be included in the partially exempt service under this section if the inclusion is inconsistent with federal requirements for local government agencies supported in whole or in part by federal funds.
C. The personnel officer, upon written approval of the assembly, may extend the classified service to include any position in the partially exempt service. (Ord. 13-10 § 1, 2014; Ord. 91-04 § 2 (3.12.015), 1991. Formerly 3.12.030)
3.12.030 Temporary and part-time positions.
A. A temporary employee is an employee hired as an interim replacement, or for temporary work, on a predetermined work schedule. A temporary employee may not be retained in temporary employment status for longer than six consecutive months, at which time the employee shall be made permanent or terminated.
B. A part-time employee is a permanent employee who regularly works at least 15 hours per week, but less than 37.5 hours per week. (Ord. 13-10 § 1, 2014; Ord. 91-04 § 2 (3.12.015), 1991. Formerly 3.12.040)
3.12.040 Probationary period.
A. A probationary period only applies to an employee appointed to a permanent position, whether by original appointment or promotion.
B. The probationary period shall be for a period of three consecutive months from the date of appointment to the position.
C. During the probationary period, an employee may be separated from the service, demoted, suspended or returned to the position from which the employee was promoted or an equivalent one, all without cause, at the discretion of the appointing authority.
D. Fifteen calendar days prior to the expiration of an employee’s probationary period, the department head shall notify the personnel officer in writing as to whether the services of the probationary employee should be retained. If the probationary employee is to be retained, the employee shall be given permanent status beginning the day after the end of the probationary period. (Ord. 13-10 § 1, 2014; Ord. 91-04 § 2, 1991; Code 1986 § 3.12.030. Formerly 3.12.050)
3.12.050 Regular workday and workweek.
A. The regular workday shall consist of 7.5 hours per day, except as provided for under subsection (C) of this section.
B. The regular workweek shall consist of five regular workdays, 37.5 hours.
C. Upon approval of the personnel officer, based upon the needs of the borough, individual employees may be permitted to work flex time of 9.25 hours, four days per week. Benefits shall accrue pro rata. (Ord. 13-10 § 1, 2014; Ord. 96-07 § 1, 1996; Ord. 91-04 § 2, 1991; Code 1986 § 3.12.040. Formerly 3.12.060)
3.12.060 Compensation.
A. Classified Service. The assembly shall, from time to time, adopt by resolution or by enactment of the annual borough operating budget, a pay and benefits plan wherein each position in the classified service will be assigned a pay range, designated by a number and a salary schedule, wherein each pay range is established. The increments between each step within a range, if used, shall be nearly equal in value to every other step within the range.
B. Partially Exempt Service. The assembly shall from time to time adopt either through the approved annual borough operating budget or by resolution, a pay and benefits plan for partially exempt employees which may assign to each position a pay range as if that position were covered by this section, or the assembly may, upon recommendation of the mayor, assign a single monthly or annual salary to specific positions.
C. Exempt Service. Compensation for persons elected to public office or appointed to fill vacancies in elected offices, as well as members of boards, commissions or authorities, shall be as set forth in NABC Title 2. The assembly shall from time to time adopt, either through the approved annual borough operating budget or by resolution, rates of pay and benefits for other exempt employees. (Ord. 13-10 § 1, 2014; Ord. 91-04 § 2 (3.20.020), 1991. Formerly 3.20.020)
3.12.070 Overtime.
A. Work performed in excess of 40 hours per week or eight hours per day shall be credited at the rate of one and one-half hours for each hour of overtime.
B. Except as may be otherwise approved by the personnel officer, exempt employees and partially exempt employees will not be paid for or given compensatory time for time worked in excess of the basic work week. (Ord. 15-06 § 1, 2015; Ord. 13-10 § 1, 2014; Ord. 91-04 § 2, 1991; Code 1986 § 3.12.050)
3.12.080 Pay days.
All employees will be paid every other Friday. (Ord. 13-10 § 1, 2014; Ord. 91-04 § 2, 1991; Code 1986 § 3.12.070. Formerly 3.12.090)
3.12.090 Payroll deductions.
All deductions required by law will be withheld from each employee’s paycheck. Other deductions may be provided for on a voluntary basis and such deductions must be authorized in writing, two weeks in advance. Discontinuance of deductions must be in writing, two weeks in advance. (Ord. 13-10 § 1, 2014; Ord. 91-04 § 2, 1991; Code 1986 § 3.12.080. Formerly 3.12.100)
3.12.100 Other employment.
A. An employee who engages in any employment outside the normally scheduled hours of duty shall notify, in writing, the department head of the nature and extent of that outside employment. Such outside employment activity shall not be incompatible with employment by the borough or adversely affect the performance of borough duties.
B. Employees who perform services seven days a week, 24 hours a day, must have prior written approval from his/her department head prior to accepting such employment. (Ord. 13-10 § 1, 2014; Ord. 91-04 § 2, 1991; Code 1986 § 3.12.110. Formerly 3.12.130)
3.12.110 Training.
A. Each department head shall develop and conduct such practical training programs as are suited to the special requirements of his department. The department heads shall institute and provide for the conducting of training programs which are needed for efficient management of two or more departments.
B. Each department head shall have authority to release an employee up to two hours a day with pay for work-related education. (Ord. 13-10 § 1, 2014; Ord. 91-04 § 2, 1991; Code 1986 § 3.12.120. Formerly 3.12.140)
3.12.120 Performance evaluations.
A. Department heads shall be responsible for conducting an annual review of accomplishments, training needs, and organizational support required for achieving objectives of each subordinate position. This annual review shall be composed by the department head and employee jointly using such other resources as both agree to. The review shall be completed by the signature of department head and employee.
B. Written reviews shall be part of the individual’s personnel record and are required within 15 days prior to the employee’s anniversary date. (Ord. 13-10 § 1, 2014; Ord. 96-07 § 2, 1996; Ord. 91-04 § 2, 1991; Code 1986 § 3.12.130. Formerly 3.12.150)
3.12.130 Employee political rights.
Employees have the right to:
A. Be a member of a national, state or local political party;
B. Take part in a political campaign;
C. Express political opinions; however, while engaged on official business, a borough employee may not display or distribute partisan political material; any employee engaged in an active political campaign shall take leave status during such activity;
D. Register party preference;
E. Serve as a voting or nonvoting delegate to a party convention;
F. Be appointed, nominated or elected to nonpartisan public office in a local government unit, subject to the requirements of NABC 3.36.020(L); and
G. Make contributions to a political party or a candidate for public office. (Ord. 13-10 § 1, 2014; Ord. 91-04 § 2, 1991; Code 1986 § 3.12.250. Formerly 3.12.180)