2. 1 WELCOME LOCAL GOVERNMENT ACADEMY’S NEWLY ELECTED OFFICIAL’S COURSE 2005-2006 MUNICIPAL PERSONNEL HIRING

3. 2 MUNICIPAL EMPLOYEES – GENERAL Applicable Laws (Liability) Code Requirements Importance of a Written Policy Writing Rules and Regulations Eight Step Hiring Process Probationary Period and Training Negligent Hiring, Training, Supervision and Retention

4. 3 LIABILITY-APPLICABLE LAWS American Disabilities Act (ADA) Title 1 (Federal) (1992) Title VII Civil Rights Act of 1964 (Federal) Age Discrimination Employment Act (ADEA) (Federal) Equal Pay Act of 1963 (Federal) 42 U.S.C. 1983 (Federal) Pennsylvania Human Relations Act (PHRC) Veteran Preference Act “Case Law”

5. 4 CODE REQUIREMENTS MUNICIPAL EMPLOYEES – GENERAL Borough Code, First Class Twp & Twp of the Second Class Codes and Third Class City Code) With the exception of Civil Service there are no “specific” procedural requirements noted when hiring municipal personnel. Home Rule Communities? Question: What does this mean? 1. Don’t worry about it - Hire anyone, any way any how? 2. Worry about it! 3. Address it…..

6. 5 WRITTEN HIRING POLICIES AND PROCEDURES WHY HAVE THEM? A. Fairness and Consistency B. Less Opportunities for Legal Challenges (Discrimination) C. To provide a process to get the best qualified applicants Goal of Hiring: Is to have employees who will contribute to the well- being of the community, who will fit into the team, who will get the work done and who will stay around for a while.

7. 6 Writing Rules and Regulations (Policy) 1. Utilize the Resource Material Model Hiring Manual for Pennsylvania Municipalities (Includes Civil Service and Non Civil Service Hiring) Particular Code Form a Hiring Documents Committee Compliance with Other Laws and Court Decisions Once Complete Have Solicitor Review for Legal Compliance Adopt a Motion or Resolution at Public Meeting Public Document-Should Answer 99% of Any Questions and Eliminate, for the Most Part, Legal Challenges

8. 7 EIGHT STEP HIRING PROCESS 1.Organizational Chart and Job Description 2.Advertising (The Announcement) 3.Applications 4.Application Review Process 5.Oral Examination Process 6.Reference Checks 7.Offering the Position 8.Probationary Period

9. 8 1. ORGANIZATION CHART JOB DESCRIPTIONS 1. Importance of an Organizational Chart 2. Job Descriptions Do you need them? How do you create one?  General Description – All Aspects of the Job  Should be customized to address the specific needs of the position/community  Title…..Reports to…..Purpose…..Essential duties….. Secondary Duties…..Education/Experience…………. Skills/Knowledge…..Special Requirements…..”Other duties as assigned

10. 9 2. ADVERTISING FOR OPEN POSITIONS Is it important? What should it include? Minimum Qualifications Who? Name of Municipality plus “general” demographics Why? Vacancy, description, salary What? Position plus “general” fringe benefits When? Date and Time Applications accepted Where? Applications submitted to (place) (address) And: EEO? Equal Employment Opportunity Employer

11. 10 3. APPLICATIONS BFOQ: Bonifide Occupational Qualification 1. Some No-nos  Marital and Family Status  Age (Qualifier)  Handicaps  Sex  Race or Color  Religion  Photograph  National Origin  Arrest and or Conviction Record (Qualifier- Conviction of a Crime May Not Necessarily Be a Bar to Employment) 2. Essential Functions of the Job (ADA) / Job Description 3. Application Form Waiver (Signed by applicant authorizing a background information check and statement of certification that information is true and correct) 4. Notification Procedure Release (Form signed by applicant to be sent to previous employers and references releasing their liability when responding top questions) 5. Post Employment Form / After Hiring

12. 11 4. APPLICATION REVIEW PROCESS No application should be taken after the submission deadline. Generally, the Municipal Manager or where appropriate, the director of the department in which the job opening exists, shall receive and review all applications The Municipal Manager or Department Head ranks all the applications based upon the experience and skills set fourth in the application. A designated number of qualified candidates are contacted to take part in and oral interview/exam. Some Things To Look For On The Application: Any application which indicates that the applicant fails to possess any of the minimum qualifications shall be rejected. Incorrect spelling or grammar, are important to note for those positions that require good writing skills. Look for “short stays” in previous employment – While longevity in a job may be important, it is best to find out reasons before coming to any conclusions. Gaps in employment can also raise a flag – you can certainly ask about those gaps during an interview.

13. 12 5. ORAL EXAM PROCESS (Generally) An interview panel comprised of the relevant Department Head, the Borough Manager and a member of the elected body participates in the oral interview/exam.  Be Prepared (BFOQ – Bonifide Occupational Qualification)  Ask All Candidates the Same Questions  Take notes (not lengthy)  Have Criteria to Be Judged for Each Question  Score 100% Possible  Scoring Sheets Scored Independently then General Discussion with interview panel After completion of the oral interviews, Develop a candidate list and the top three candidate will be subject to a background/reference checks If the three candidates meet all the qualifications required by the municipality, pass the background/reference check process, and any of the top three are “qualified” veterans, they shall selected over a non-veteran. If a psychological and medical exam are required for the position, the person selected is then hired contingent upon passing a psychological and medical exam.

14. 13 6. REFERENCE CHECKS (CONSENT FORMS SIGNED) QUESTIONS TO ASK Dates of Employment? Job Title? Final Rate of Pay? Was Person Reliable? Was Work Performed Satisfactory? Reason For Leaving? Would You Rehire? Is There Other Information I/we Should Know? Note: Document – Keep Records Handout: Employee Ref Phone Script

15. 14 7. OFFERING THE POSITION Convey to the candidate that you are happy about being able to offer the position. Further discuss the position and requirements Discuss the salary range, fringe benefits, etc. Offer Letter / Written Agreement  Terms should be clear once the offer/agreement is signed and accepted – “At Will Language” Discuss a start date

16. 15 *AT WILL EMPLOYEES Constitution of Pennsylvania, Article 5, Section 7 – Removal of Civil Officers Appointed civil officers, other than judges of the courts of record, may be removed at the pleasure of the power by which they shall have been appointed. Simply Put: The employer or employee can terminate the employment at any time, for any reason?, with or without notice.

17. 16 8. PROBATIONARY PERIOD AND TRAINING Importance of Probationary Period No Less Than Six Months Document Periodical Evaluations – Provide Additional Training Where Necessary Dismiss Employees During Probationary Period If Not a Good Employee – They Won’t Change Later – Only Get Worse ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Importance of Training Defined Written Procedure – With Hours Needed

18. 17 NEGLIGENT HIRING, TRAINING, SUPERVISION OR RETENTION Courts have determined that you, as an employer, you have a duty to : Hire Qualified Applicants – Make sure a person is fit /qualified for the position Train – You must provide essential training for employees to perform duties of the job Take corrective action – You must take corrective action against a problem employee “If you knew or should have known”

19. 18 CONCLUSION Hiring good employees is not easy. Being prepared with an effective plan/policy for undertaking the hiring process will increase the chances of good hiring decisions. The planning that goes into this process clarifies the qualities that are important in any particular municipal position. In addition, the candidate will sense the professionalism and organization of the municipality. Not to mention fairness an consistency, less opportunity for legal challenges and a process to get the best qualified candidate.

20. 19 RESOURCES www.newpa.com ( Department of Community and Economic Development) (Local Government Services) (Governor’s Center for Local Governments Services Website) “Click on Publications” Model Hiring Manual for Pennsylvania Municipalities ------------------------------------------------------------------------------------------ WWW.OFFICEDEPOT.COM PERSONNEL WEBSITE

21. 20 TAKE A BREAK