Chapter 2.72


2.72.010    Personnel system.

2.72.015    Collective bargaining agreement.

2.72.020    Applicability.

2.72.030    Review and amendment.

2.72.040    Personnel committee.

2.72.050    Personnel officer.

2.72.060    Duties of personnel officer.

2.72.070    Personnel records.

2.72.080    Security of records.

2.72.090    Indemnification against claims.

2.72.010 Personnel system.

It is the purpose of Chapters 2.72 through 2.94 HBC to establish a system of personnel administration that is based on the merit principle. The personnel system shall have the following specific objectives:

A. Recruitment and retention of the best personnel obtainable for the borough service;

B. Provide security of tenure for borough employees subject to requirements for the work to be performed, availability of funds, and continued acceptable work performance and personal conduct of the employee;

C. To provide definite duty assignments;

D. To furnish sound training, supervision, performance evaluation, and administrative direction;

E. To promote opportunities in the borough service based on merit and fitness.

2.72.015 Collective bargaining agreement.

Borough positions included in a collective bargaining unit shall be bound by the terms of the bargaining agreement. If the collective bargaining agreement is silent on an issue covered by Chapters 2.72 through 2.94 HBC, the provisions of those chapters will apply.

2.72.020 Applicability.

The borough personnel system shall apply to all employees of the borough except:

A. Elected officials;

B. Members of appointed committees/boards/commissions;

C. Borough manager;

D. Borough attorney;

E. Contracted parties;

F. Temporary employees.

G. School district employees governed by school district personnel policies.

2.72.030 Review and amendment.

The personnel policies should be reviewed annually. Any recommendations for change shall be submitted to the personnel committee which shall review the proposed changes and make recommendations to the assembly.

2.72.040 Personnel committee.

A. There shall be a personnel committee of the borough, which shall be composed of three members of the assembly and the manager. The mayor shall appoint a chair of the committee. The mayor may appoint ex officio members as desired.

B. The purpose of the personnel committee and its duties are:

1. To advise the manager when requested on any and all personnel matters;

2. To submit proposed personnel regulations to the assembly;

3. To consider and make recommendations on any personnel matter referred to it by the assembly.

C. Proposed regulations and/or recommendations shall be reviewed by the manager as the personnel officer and submitted to the assembly with the manager’s recommendations. The assembly shall consider them and adopt those it deems in the public interest.

2.72.050 Personnel officer.

The manager is the personnel officer. The assembly may authorize the manager to appoint a personnel officer.

2.72.060 Duties of personnel officer.

The personnel officer shall administer the borough personnel system. The personnel officer shall provide for the preparation of reports regarding borough employees, or of actions affecting them, as the assembly considers necessary or desirable.

2.72.070 Personnel records.

Original records of the work history of employees shall be maintained. Such records include the employee’s original application, report of medical examination, reports of the results of other employment, investigations and tests, annual reports of performance, reports of employee’s progress and disciplinary actions affecting the employee, and such other records as may be significant in the employee’s service to the borough. The personnel officer shall prescribe such forms and records for departmental use as may be necessary.

2.72.080 Security of records.

A. All personnel records shall be kept by the manager or designee and shall not be removed or opened to the public without written authorization of the personnel officer, applicant, employee or other authorized person. Personnel records, including employment applications and examination, performance evaluations and other assessment materials, are confidential and are not open to public inspection except as provided in this section.

B. Access by Employees. Any employee may request copies of their own personnel files upon three-business-days’ notice or may review, in the presence of the borough manager or designee, their own personnel file upon 24-business-hours’ notice to the department head or personnel officer.

C. It shall be unlawful to disclose confidential information included in personnel records without prior written permission of the employee, excepting those records which are necessary for the proper functioning of the chief fiscal officer and clerk’s office and those which, from time to time, the personnel officer deems necessary.

D. The following information is available for public inspection:

1. The names and position titles of all borough employees;

2. The position held by a borough employee;

3. Prior positions held by a borough employee;

4. Whether a borough employee is a permanent, temporary or probationary employee;

5. The dates of appointment and separation of a borough employee;

6. The compensation authorized for a borough employee;

7. Whether a borough employee was dismissed for cause under HBC 2.82.040(A);

8. Applications for the positions of all borough officers and department directors;

9. Summaries of evaluations of the borough manager, borough clerk, chief fiscal officer and chief of police. (Ord. 13-08-347 § 4)

2.72.090 Indemnification against claims.

A. An employee of the borough against whom a claim is made, or a proceeding is threatened or brought, by reason of the employee being or having been an employee of the borough, may be indemnified by the borough against:

1. Reasonable expenses incurred by the employee, including legal fees; and

2. Liabilities imposed upon the employee, including any amount paid in settlement in order to satisfy a judgment or order.

B. No employee may be indemnified unless the employee:

1. Acted in a matter which is related to the employee’s employment and in which the borough had an interest;

2. Acted in discharge of a duty imposed or authorized by law;

3. Acted in good faith and in addition, in the case of a criminal action, that the employee had no reasonable cause to believe that the employee’s conduct was unlawful.

C. No indemnification shall be permitted:

1. For reasonable legal expenses of defense where the borough attorney or any borough insurance policy provides a defense without a conflict of interest; or

2. For liability imposed where any borough insurance policy provides for payment or indemnification of any liability imposed against the employee without subrogation against the employee; or

3. Where the borough makes the claim or brings the proceeding against the employee and the employee has acted in bad faith in connection with the claim.

D. Where a claim is brought against an employee and the employee requests the borough to provide the employee with independent legal counsel pending the prosecution of the claim or proceeding, the borough shall provide independent legal counsel if in the judgment of the borough assembly there may be a possible conflict of interest between the borough’s position and that of the employee, or the liability of the employee concerns claims or defenses not reasonably related to the defense or position of the borough. (Ord. 17-10-481 § 9)