§ 21.11-1105. Personnel Code.

 The Board shall, within eighteen months of the effective date of this Charter, adopt by ordinance a Personnel Code. The Code adopted by the Board at a minimum shall include:

   A. Methods for determining the merit and fitness of candidates for appointment and promotion which shall include competitive examinations open to all qualified candidates or such other methods as the Board deems appropriate to attain the objective of selecting the most competent applicant. The evaluation of candidates for permanent and full time non-policy making positions shall be made by the Civil Service Commission, and the Township Manager, pursuant to §   21.7-702C, shall appoint and promote to such positions from among the candidates certified as qualified by the Civil Service Commission.

   B. Classification of all Township positions, by duties, authority and responsibility, including provision for reclassification.

   C. Development of a pay plan for all Township positions based on the principle of equal pay for equivalently classified positions.

   D. The policies and procedures regulating reduction in force and disciplinary action, including suspension and removal of employees.

   E. The hours of work, overtime compensation, and provisions for sick and vacation leave, holidays and pensions.

   F. Procedures for handling grievances, including hearings.

   G. General procedures establishing and protecting employees rights by due process of law, including the right of non-policy making employees to a hearing and determination by the Civil Service Commission in connection with any determination by it or the Manager pursuant to §  21.11-1105A and, in the event of disciplinary action, including suspension and removal.

   The Board may by ordinance eliminate the right to a hearing as herein provided in the event and to the extent to which the individual employees of the particular class have been provided the right to an equivalent hearing under a collective bargaining agreement.

   Commentary: : Sections 21.11-1104 and 21.11-1105A impose the obligation upon the Township to employ on the basis of merit. Although the Township is encouraged to utilize competitive examinations, it is not required to do so in situations where other methods of finding the most competent applicant are more appropriate. It may impose additional or licensing standards where relevant. For example, the Township Engineer may be required to be a licensed professional civil engineer. The administration is required in selecting an applicant to choose the person most competent; in doing so; it has reasonable discretion.

   Section 21.11-1105G recognizes that where employees are covered by union contracts, grievance procedures therein provided could duplicate the Civil Service appeal provisions. In such situations, if an individual employee’s rights are equivalent and the Board determines there is no value in retaining parallel procedures which could permit an initial determination by its own agency, it has the option to eliminate the Civil Service hearing for such employee.

   This section cited in 346 Pa. Code §  21.13-1303 (relating to operation); and 346 Pa. Code §  21.13-1304 (relating to civil service commission).