(a) The Borough shall take no disciplinary action against any employee subject to this policy without just cause. The following criteria shall be used to determine whether just cause exists:
(1) Except in cases of serious misbehavior, the employee shall have had prior knowledge or warning of the possible consequences of the action for which discipline is being considered.
(2) Work rules shall be reasonably related to the orderly, efficient and safe operation of municipal business if violation of the rules is to be the reason for disciplinary action.
(3) The Borough shall make a reasonable effort to discover whether a rule has been violated before taking disciplinary action.
(4) The investigation of alleged rule infractions shall be carried out in a fair and objective manner.
(5) Disciplinary action shall not be taken without substantial proof that the employee committed the infraction.
(6) Disciplinary actions and penalties shall be applied consistently and fairly.
(7) The degree of discipline imposed shall be reasonably related to the seriousness of the offense.
(b) Types of discipline shall normally be limited to the following actions: oral and written reprimands, suspensions without pay, demotions and dismissals.
(c) It shall be the policy of the Borough to administer the least severe form of discipline deemed necessary to correct improper behavior. Dismissals shall only be used in cases of serious misbehavior, or where there is little likelihood that the employee shall be willing or able to perform in a satisfactory manner again, or where the employee’s actions have been so disgraceful that continued employment would cause a loss of confidence in the Borough government, or pose a serious impediment to the normal operation of the Borough’s business. Suspensions shall only be used in cases where withholding of pay is necessary to impress upon employees the seriousness of their actions. Demotions shall only be used where employees’ actions or lack of ability render them unable to effectively perform their normal duties, but where other work is available that they can perform. Oral and written reprimands shall be used to correct cases such as carelessness, poor judgment, inefficiency, unexcused tardiness, and abusive language. Such reprimands could lead to suspensions and/or dismissal if such action becomes repetitive.
(d) Records of disciplinary actions shall be kept in the employee’s personnel file. The employee shall be provided with a copy of all records. Reprimands shall be removed from the file and destroyed after four years if there are no recurrences of similar incidents.
(e) Serious Misbehavior. The parties agree that there are instances of behavior that are so serious that, if the action is proved, the offending employee may be discharged, even if no prior reprimands or other disciplinary action for similar offenses have occurred, examples of such behavior, but not limited thereto, are as follows:
(1) Dishonesty.
(2) Theft.
(3) Use of Borough equipment or personnel for unauthorized purposes.
(4) Consumption of alcoholic beverages while on duty or reporting to work under the influence of alcohol.
(5) The use or possession of any illegal drug or narcotic.
(6) Being under the influence of any medication while at work that could result in an unsafe act without prior notification to the employee’s supervisor.
(7) Failure to submit to a blood test when there is reason to suspect that an employee may be under the influence of drugs or alcohol while at work.
(8) Recklessness resulting in an accident.
(9) Willful abuse and/or deliberate damage to Borough equipment and property.
(10) Assault on another person while at work.
(11) Conviction of any crime deemed a felony under the laws of the Commonwealth of Pennsylvania, any other state, and the applicable Federal statutes.
(12) Gross negligence in the performance of assigned work.
(13) Any strikes, cessation or impeding of work, work stoppage or slowdowns during the term of any Agreement collectively bargained for with any Union representing all or any portion of the work force of the Borough.
(14) Absence from work without permission.
(15) Failure to carry out instructions and/or assignments.
(16) Excessive unexcused tardiness.
(17) Insubordination.
(18) Operating any Borough vehicle and/or equipment without possessing the required Pennsylvania operator’s license.
(19) Any other action that is so disgraceful that it causes a loss of confidence in, or disrupts the normal business of the Borough or is of such magnitude that not to take action would result in severe problems to the Borough in maintaining control and direction of the work force and/or irreparable damage to the Borough.
(20) Any other action that may affect the public’s trust and confidence in the employee and/or in the Borough government.
(f) Evidence that the employee was shown this policy shall be considered sufficient warning.
(Res. 3459. Passed 12-18-06.)