Borough of Fanwood, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood 12-15-1971 by Ord. No. 631R as Ch. A115 of the 1971 Code; amended in its entirety 12-28-1999 by Ord. No. 99-25R. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Department of Construction Code Enforcement — See Ch. 12.
Municipal Court — See Ch. 15.
Code of Ethics — See Ch. 29.
Fire Department and Rescue Squad — See Ch. 34.
Board of Health — See Ch. 41.
Officers and employees — See Ch. 61.
Police Department — See Ch. 67.
Department of Public Works — See Ch. 71.
Board of Recreation Commissioners — See Ch. 77.
Salaries and compensation — See Ch. 86.
Shade Tree Commission — See Ch. 92, Art. I.

§ A395-1 Definitions.

For the purposes of this chapter, the terms used herein are defined as follows:
APPOINTING AUTHORITY
The Mayor and Council of the Borough of Fanwood.
AT-WILL EMPLOYEES
All employees are "employees at will" unless an employee has tenure in accordance with Title 40A of the New Jersey Revised Statutes or other applicable law. "Employment at-will" means the Mayor and Council, in and of itself or through its agents, controls the employment status of the employee.
DEPARTMENT HEAD
The official having jurisdiction over a department, including the Borough Clerk, the Chief of Police, the Construction Official and the Director of Public Works.
EMPLOYEE
Any person who is legally the incumbent of a position in the Borough, or who is on a leave of absence, according to the rules, and whose position is held for him/her pending his/her return.
FULL TIME EMPLOYEES
Employees working a minimum of 35 hours per week.
IMMEDIATE FAMILY
Father, mother, sister, brother, husband, wife or children, father-in-law, and mother-in-law.
SICK LEAVE
The absence from duty of an officer or an employee because of illness.
STATUTORY POSITION
Positions established and required by New Jersey Revised Statutes, as follows: Borough Clerk, Borough Treasurer, Borough Collector, Chief Financial Officer, Court Administrator, Violations Clerk, and Tax Assessor.

§ A395-2 Pay period and longevity.

A. 
Employees shall be paid 24 times per year on a semimonthly basis.
[Amended 12-9-2008 by Ord. No. 08-21R[
B. 
Employees, except for members of the Police Department, hired after May 1, 1994, shall not be eligible for longevity.
C. 
Longevity for eligible full-time employees shall be computed on the employee's annual base pay, paid in June and December of each year, in the following manner:
Years of Service
Additional Compensation Per Year
5
3%
10
4%
15
5%
20 or more
6%
D. 
All periods of employment shall be computed from the anniversary date of the employee's permanent employment with the Borough.
E. 
All members of the Police Department hired before January 1, 1997, shall be eligible for longevity in accordance with Subsection C above.
F. 
All members of the Police Department hired on or after January 1, 1997, (new hires) shall be eligible for longevity as follows:
Years of Service
Additional Compensation Per Year
8
3%
13
4%
18
5%
23 or more
6%

§ A395-3 Collective bargaining agreements.

Where the terms of this chapter differ from the terms of a collective bargaining agreement entered into by the Borough, the collective bargaining agreement shall control.

§ A395-4 Leaves to be at discretion of department.

The following regulation shall apply to all full-time officers and employees of the Borough of Fanwood, whether paid on an annual salary or an hourly basis: All leaves provided for in these regulations are not to be regarded as privileges to be exacted at the convenience or determination of the officers or employees without regard to the policy of responsible departmental authorities or the work demands of the department, and are to be taken with the approval of the department head and as far as possible on such schedule and at such time as will best ensure the continuation of the regular departmental activities. Part-time or seasonal employees shall not be entitled to any benefits stipulated herein.

§ A395-5 Annual vacation leave.

A. 
Full-time employees, paid on an annual salary basis or on an hourly basis, shall be granted annual vacation leave with pay as follows, except for members of the Police Department whose vacation policy including emergency leave shall be governed by the collective bargaining agreement between the PBA and the Borough ("PBA contract"); except for employees of the Department of Public Works (DPW) whose vacation policy shall be governed by the DPW contract; and except for part-time employees who regularly work five days each week who shall be governed by this section with a maximum entitlement of vacation days of 10 days:
[Amended 12-30-2003 by Ord. No. 03-29R]
Years of Service Before January 1
Annual Vacation Leave (days)
1/2 year
5
1 to 5
10
6
12
7
14
8
15
9
16
10
17
11
18
12
19
13 to 19
20
20 to 24
25
25
30
B. 
Vacations shall be taken within the calendar year except as set forth hereafter, and periods selected shall be subject to approval by the department head.
(1) 
Vacations may be taken only during the first three months of the following year only if:
(a) 
The full-time employee seeking such permission is retiring within that following year; or
(b) 
The full-time employee was originally scheduled to take his/her vacation time during the last two months of the year and was unable to do so because of special circumstances relating to and involving his/her employment.
(2) 
If a full-time employee seeks to take his/her vacation in the following year and satisfies either Subsection B(1)(a) or (b), permission may be granted by the employee's department head to take no more than 10 days of the vacation time for this year during the first three months of the following year.
C. 
Vacations shall ordinarily coincide with the calendar week. A vacation which starts other than on the first day of the calendar week or which includes a fraction of a week shall not be permitted unless specifically authorized by the department head and the Borough Clerk.
D. 
A vacation may be granted in calendar weeks that are not consecutive.
E. 
All vacation schedules shall be received by the Borough Clerk not later than May 1 of each year.
F. 
Employees shall select their vacation periods from the schedule for their department in order of their seniority.
G. 
Employees shall not be permitted to exchange seniority rights in the selection of vacation periods. Subsequent to the posting of vacation schedules for the entire year, employees will be permitted to exchange vacation periods.

§ A395-6 Holidays.

A. 
Full-time Borough employees shall receive pay at straight pay time for the following holidays not worked, except as it relates to members of the Police Department where the PBA contract shall govern and employees of the DPW where the DPW contract shall govern:
[Amended 12-30-2003 by Ord. No. 03-29R]
New Year's Day
Martin Luther King's birthday
President's Day
Good Friday
Memorial Day
Fourth of July
Labor Day
Columbus Day
Election Day
Veterans Day (to be taken the day after Thanksgiving)
Thanksgiving
Christmas Day
Two floating holidays
B. 
When any holiday falls on a Saturday, it shall be observed on the preceding Friday, and when it falls on a Sunday, it shall be observed the following Monday.
C. 
If a holiday falls during a regularly scheduled vacation period of an employee, an additional day of vacation will be allowed. A holiday which occurs during any other period of paid leave is counted as a paid holiday and not charged against sick, vacation or personal time. No pay will be given for a holiday which occurs during unpaid leave.
D. 
Seasonal and part-time employees shall not be compensated for holidays unless they are part-time employees who regularly work five days each week.
E. 
To qualify for holiday pay, employees must work on their regularly scheduled workday preceding and their regularly scheduled workday following the holiday, unless they are specifically excused by their department head or are on an authorized leave.

§ A395-7 Sick leave.

A. 
"Sick leave" is paid leave granted to full-time employees who, because of illness or injury, cannot perform their regular duties.
B. 
In the first calendar year of employment, employees shall be entitled to one working day's sick leave for each month or fractional part thereof calculated from the date of employment.
C. 
Thereafter, effective January 1, 2004, all full-time, non-unionized employees shall be entitled to 60 days sick leave each year, at full compensation. Such time shall be credited to their account at the beginning of the year. The leave is credited in advance, at the beginning of the year, in anticipation of continued employment for the full year. In case of prolonged illness, the governing body may, at its sole discretion, grant up to one year's (inclusive of the sixty-day entitlement) sick leave, at full compensation. There shall be no carryover of unused sick days into any subsequent year.
[Amended 12-30-2003 by Ord. No. 03-29R[1]]
(1) 
Effective immediately, the following employees shall be granted one year's sick leave, at full compensation, provided that the employee is afflicted with a terminal or otherwise debilitating illness as certified by a physician: Administrator/Clerk, Public Works Director, Chief Financial Officer/Treasurer, Tax Collector, Public Works Director secretary, Administrative Assistant Police Department, Court Administrator.
(2) 
When these employees are replaced due to retirement, resignation or other reason, the sick leave policy will revert to the policy effective January 1, 2004, above.
[1]
Editor's Note: This ordinance also deleted former Subsection E and renumbered succeeding subsections (F) through (L) as (E) through (K).
D. 
Any amount of sick leave used which exceeds the amount accrued to an employee's account at time of separation from the Borough will be deducted from the employee's salary.
E. 
There shall be maintained a record for each employee of all sick leave taken and accumulated.
F. 
A satisfactory method of informing individual employees of accumulated sick leave shall be established by the Borough Clerk. Such procedure shall be a record of employees' accumulation of sick leave, and shall be communicated to the employees annually.
G. 
If an employee is absent for reasons entitling him/her to sick leave, the supervisor shall be notified within 15 minutes after employee's usual reporting time, except in situations where notice must be made prior to employee's starting time. A department head should notify his/her office and the Borough Clerk by 9:00 a.m. if he/she will be out on sick leave. Failure to give notice will result in forfeiture of benefits for that illness and will be treated as an unexcused leave of absence subject to disciplinary action.
H. 
A certificate of a physician in attendance upon an employee may be required as proof of a need for leave of absence by the employee because of illness. In all cases, the Borough reserves the right to send a doctor or nurse to report on the condition of the employee.
I. 
Sick leave cannot be allowed for ordinary dental care nor for the services of an oculist for normal eye care, since such professional services are readily available outside of normal working hours.
J. 
Nothing in the foregoing shall be construed to be in conflict with any restrictive statute limiting the period during which employees may be compensated for leave on account of disability or illness.
K. 
In the case of part-time employees, the Mayor and Council may grant up to three days' sick leave at the commencement of employment.

§ A395-8 Sick Leave for members of the PBA.

In addition to the provisions of § A395-7, members of the PBA are entitled to the following sick leave provisions:
A. 
An employee may be excused from duty for reasons of personal illness or maternity or when the illness or maternity of an immediate family member, residing with the employee, requires the presence of the employee.
B. 
An employee may be requested to submit acceptable medical evidence substantiating the need for sick leave or maternity if absent from duty for three or more consecutive days.
C. 
An employee who is injured or becomes ill as a direct result of his/her duty shall receive full pay less workers' compensation and/or temporary disability payments to which he/she is entitled during the period of absence from duty for up to one full year.
D. 
Members of the PBA are not afforded a specific number of sick days per year. However, an employee who is injured or becomes ill other than as a result of his/her duty shall receive full pay during the period of absence from duty for up to six months from the date of injury or illness. In the event that the employee is not capable of returning to full duty at the expiration of the six-month period referred to above, the employee may receive additional paid sick leave for a period of up to but not in excess of an additional six months only upon the consent and approval of the Mayor and Council in its sole discretion. However, it is hereby understood and agreed that the maximum amount of paid sick leave available to employees shall not exceed one year. An employee shall not be required to exhaust accumulated Kelly; vacation; personal; or compensatory time in connection with, or as a condition to, the employee's paid sick leave entitlement. The Borough may require a doctor's examination for confirmation of illness/injury as well as time off. Both the Borough and the PBA shall mutually agree upon the physician. If an examination is required, the Borough shall bear reasonable cost.

§ A395-9 Sick leave for DPW employees.

Sick leave for DPW employees shall be governed by the DPW contract.

§ A395-10 Bereavement leave.

Employees shall be entitled, in the case of the death of an immediate member of his/her family or spouse's family, to a maximum of four days of absence with pay upon approval from the Borough Clerk. An "immediate member of the family" is defined as spouse, parent, child, sister or brother, grandparent, mother-in-law or father-in-law. Members of the Police Department shall be governed by the PBA contract, and employees of the DPW shall be governed by the DPW contract.

§ A395-11 Employment-related injury leave.

A. 
Borough employee injured in the performance of his or her duties shall receive disability compensation for bona fide disability as follows:
(1) 
An employee who is injured in any way, no matter how minor, in the performance of his or her duty shall immediately report the accident to his/her department head and shall provide the information necessary for the filing of an accident report.
(2) 
The completed accident report shall be submitted to the Borough Clerk within 24 hours.
B. 
During the first seven workdays of disability, the employee is not eligible for workers' compensation. The Borough will pay the employee his/her regular wage for that week. Time off, taken as a result of a work-related injury sustained while on duty, is not chargeable against an employee's sick time.
C. 
After the first seven workdays of disability, payments by the workers' compensation policy will normally commence. Workers' compensation payments will continue for as long a duration as allowed under existing laws and practices.
D. 
Upon resolution by the Mayor and Council, the Borough shall continue to pay the employee at the regular earnings rate, and the employee's workers' compensation payments shall be forwarded to the Borough Treasurer. The Borough's payment of the affected employee's full salary shall not exceed one year from the date of initial disability or injury. When the Borough ceases to pay the employee's salary, the workers' compensation checks will be forwarded directly to the employee.
E. 
The Borough reserves the right to require a medical examination by a licensed physician designated by the Mayor and Council at any time during the employee's absence and may require a certificate of fitness to work, prior to allowing the employee to return to work.
F. 
The Borough will not be liable for payment of workers' compensation benefits for injuries sustained while in employment other than on behalf of the Borough.
G. 
During the period that an employee is being covered by workers' compensation, he/she will not accrue vacation or sick time.

§ A395-12 Personal leave; time off for birthdays.

A. 
Each employee shall be entitled to three full working days off per year with pay as personal days and shall have the right to select those days subject to approval of the department head or his/her designated representative and in accordance with the rules and regulations of the department. The department head shall not withhold approval of the requested personal days, provided that sufficient notice is given of the request and granting the request is not inconsistent with the needs of the department.
B. 
In addition, each employee shall receive a day off with pay on his/her respective birthday. In the event that the employee's birthday falls on a holiday, such employee will be paid straight time only for the day off. If the birthday falls on a regular day off or while the employee is on vacation, the employee shall be entitled to take another day off mutually convenient to the employee and the department. As it relates to DPW employees, the DPW contract shall govern.

§ A395-13 Military leave.

Leaves of absence without pay for military or reserve duty are granted full-time employees. If an employee is called to active military duty or reserve or national guard training, or if an employee volunteers for same, he/she shall notify his/her department head and submit copies of his/her military orders as soon as practicable. A military leave of absence without pay will be granted for the period of military service in accordance with applicable federal and state laws. An employee who is a reservist or national guard member will be granted time off without pay for required military training, except a member of the Police Department shall be granted leave with pay if required to engage in field training. Eligibility for reinstatement after military duty or training is completed shall be determined in accordance with applicable federal and state laws.

§ A395-14 Jury duty.

A. 
Borough employees are encouraged to exercise their civic responsibility to serve jury duty.
B. 
An employee called for jury duty shall submit a Borough leave request form with supporting documentation to his/her department head as soon as he/she becomes aware of the obligation.
C. 
A regular employee who is called for jury duty shall be granted an excused absence with pay, less any compensation received for such duty, during the regular period of jury duty.
D. 
If an employee is excused from jury duty by or before 12:30 p.m., he/she shall report back to work for the remainder of the workday.

§ A395-15 Family leave.

A. 
Pursuant to federal and state statutes, the Borough has adopted a family leave policy. Employees who have been employed for at least one year, and who have worked at least 1,000 hours during the preceding twelve-month period, are eligible for leave under the New Jersey Family Leave Act ("FLA"). Employees who have been employed for at least one year prior to the leave and have worked a minimum of 1,250 hours are eligible for leave under the Federal Family and Medical Leave Act ("FMLA").
B. 
All employees who meet the applicable time of service requirements may be granted family or medical leave under FMLA consisting of appropriate accrued paid leave and unpaid leave, for a period of 12 weeks during any twelve-month period for the following reasons:
(1) 
Birth of the employee's child and in order to care for the child;
(2) 
Placement of a child with the employee for foster care;
(3) 
To care for a spouse, child or parent who has a serious health condition; or
(4) 
A serious health condition that renders the employee incapable of performing the functions of his or her job.
C. 
Leave may be granted under the FLA for 12 weeks during any twenty-four-month period for all of the above reasons except the employee's own serious health condition.
D. 
The leave for the birth or placement of a child for adoption or foster care must be taken within 12 months from the date of the birth or placement.
E. 
A pregnant employee who is unable to continue her employment may request unpaid maternity leave. Said employee must immediately provide the Borough Clerk with documentation from her physician indicating that she is unable to work. The employee is eligible for leave of up to 12 weeks, up to the time of delivery of the baby. Before petitioning the Mayor and Council for unpaid maternity leave, the employee must first exhaust all of her vacation, sick, compensatory and personal time.
F. 
If leave is taken by an employee for a purpose covered by both the FLA and the FMLA, the amount of time of that leave is counted against both the FLA and FMLA leave entitlements.
G. 
Request for leave shall be made in writing to the Borough Clerk at least four weeks prior to the commencement of the leave period, when possible.
H. 
Certification of the condition by a duly licensed health care provider shall accompany the written request for family leave. In the case of a serious health condition of a family member, the certification shall state the date on which the condition commenced, the probable duration of the condition and the medical facts within the provider's knowledge regarding the condition.
I. 
If agreed to by the Borough and the employee, leave may be taken intermittently.
J. 
Employees may take their family leave on a reduced leave schedule, not to exceed 24 consecutive weeks.
(1) 
A "reduced leave schedule" means leave scheduled for fewer than an employee's usual number of hours worked per work week, but not fewer than an employee's usual number of hours per workday.
(2) 
If the leave is taken upon the birth or adoption of a healthy child, the employee may not take the leave on a reduced leave schedule without a written agreement between the Borough and the employee.
(3) 
During the entire period of family leave, the Borough shall maintain coverage under the employee's health insurance and life insurance at the same level and under the same conditions as when the employee was not on leave from the Borough. However, if the employee fails to return from leave, he or she shall be obligated to repay to the Borough the cost of such benefits, unless the failure is due to circumstances beyond his/her control.
(4) 
Vacation time and sick time shall not accrue while the employee is on family leave.
(5) 
Employees must use all of their accumulated vacation time, sick leave and compensatory time as part of their period of family leave.
(6) 
Employees who have taken family leave are entitled to be restored to the position held by the employee when the leave commenced or to an equivalent position of like seniority, status, pay and other terms and conditions of employment, upon returning to work at the conclusion of the leave period, unless there has been a reduction in force or the employee would have been laid off during the leave.

§ A395-16 Life insurance.

A. 
The Borough, at its expense, shall provide all full-time employees $15,000 group term life insurance coverage, to begin six months after the date of employment.
B. 
The Borough shall make regular payments to the New Jersey Public Employees Retirement System so that life insurance coverage currently afforded to members by virtue of their participation in said system shall not be jeopardized.

§ A395-17 Medical and dental coverage.

A. 
The Borough shall pay the entire cost of major medical insurance and the broad form of extended coverage expanded medical insurance for each full-time employee and his/her spouse and children (up to the maximum age permitted by the insurance carrier) (hereafter "family") at the Borough's expense. Full-time employees engaged after April 14, 1996, shall only be entitled to such coverage for themselves and their family at the Borough's expense as provided by the Borough's applicable HMO plan; except such employees may select the PPO plan offered by the same provider if he/she pays the monthly premium difference between the two plans.
B. 
The Borough shall provide the same coverage as described in § A395-17A for all full-time employees who retire after 25 years of service as of the time of such employment with the Borough, at the expense of the Borough, for as long as that employee shall live and request this coverage. If an employee leaves the employ of the Borough with less than 25 years of full-time service, the employee may opt to participate in the Borough's health plan through COBRA at his/her own expense for the period of time permitted by COBRA.
C. 
The Borough shall provide dental insurance for full-time employees and families with a maximum premium paid by the Borough of $400 per year per employee with the employee paying the difference through payroll deductions.
D. 
An employee who is disabled outside of the line of duty shall have the above medical coverage made available to him/her at his/her own expense and without cost to the Borough. Employees who are disabled in the line of duty shall have such coverage provided solely at the expense of the Borough.
E. 
This section shall be subject to the terms of the PBA contract and the DPW contract.
F. 
The Borough shall provide an annual lump sum stipend in the amount of $3,000 to any employee who has medical coverage elsewhere and voluntarily elects not to enroll in the Borough's hospital/medical plan. Said stipend shall be payable by the Borough to the employee on or before April 1 of the contract year. In the event that any employee desires to reenroll in the Borough's hospital/medical plan, he/she must notify the Borough and complete any and all necessary application forms or other paperwork on or before October 31 of the year preceding the effective date of said enrollment.
[Added 12-30-2003 by Ord. No. 03-29R]

§ A395-18 Employees affected.

The benefits conferred by §§ A395-12, A395-16, A395-17 and A395-20 hereinabove shall be applicable only to full-time employees of the Borough.

§ A395-18.1 Domestic partnership benefits.

[Added 4-11-2006 by Ord. No. 06-05R]
A. 
Short title. This section may be cited as the "Fanwood Domestic Partner Benefits Ordinance."
B. 
Policy statement.
(1) 
The Legislature of the State of New Jersey has found and declared that there are a significant number of individuals in this state who choose to live together in important personal, emotional and economic committed relationships with another individual of the same sex, and that these familial relationships, which are known as domestic partnerships, as defined in N.J.S.A. 26:8A-1ff., assist the state by their establishment of a private network of support for the financial, physical and emotional health of their participants.
(2) 
The Domestic Partnership Act, Ch. 236, P.L. 2003 (the "Act"), contemplates municipal action to extend various pension, medical and dental benefits to those employees and retirees of the Borough in domestic partnerships.
(3) 
The Mayor and Council seek to extend all rights, privileges and obligations provided under the Act to domestic partners of employees or retirees of the Borough.
C. 
Domestic partner rights and benefits.
(1) 
The Borough recognizes same-sex domestic partners of employees, as defined by the Act, as eligible for the same dependent benefits as are provided to spouses of employees under New Jersey's State-administered pension funds.
(2) 
All spouse benefits, including major medical and dental insurance, that are available to a spouse of an employee or retiree of the Borough shall be made available under similar co-pays, premiums and/or deductibles to the same sex domestic partner of an employee or retiree.
(3) 
To the extent that certain retirees of the Borough have benefits provided under the State Health Benefit Plan, those retirees shall have the same rights to obtain coverage under the Domestic Partnership Act and N.J.A.C. 17:1-5.5 for their domestic partner under similar co-pays, premiums, or deductibles available to a spouse of a Borough retiree.
D. 
Eligibility. Domestic partnerships must meet the requirements of the Domestic Partnership Act and a certificate of domestic partnership, obtained from the State of New Jersey through application to the employee's local registrar, must be available upon request of the Borough and/or the Division of Pensions and Benefits.
E. 
Certification. The Borough Clerk shall act as the certifying officer in the administration of this program.

§ A395-19 Administration rules.

The governing body may adopt, by resolution, rules, procedures and standards to regulate the administration of this chapter.

§ A395-20 Termination benefits.

Upon attaining regular retirement, the employee shall be granted one day's pay for each year of service or credited service.

§ A395-21 Overtime.

Overtime, kept to a minimum, shall be only at the direction of the department head or his/her designee. Attendance at meetings required in performance of duties shall not be considered overtime. Overtime for DPW employees shall be governed by the collective bargaining agreement between the Borough and the DPW employees ("DPW contract").

§ A395-22 Equal opportunity in employment.

A. 
Equal opportunity ("EO") means that all employment decisions are made, and personnel policies are administered, without discrimination on the basis of race, color, religion, national origin, sex, sexual orientation, marital status, age (except insofar as permitted by N.J.S.A. 40A:9-3), physical or mental disability, or status as a special disabled veteran or veteran of the Vietnam era in accordance with federal laws. This policy applies to all terms and conditions of employment, including but not limited to hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation, and training.
B. 
All Borough employees are responsible for complying fully with the letter and spirit of the EO laws and regulations. EO is required, monitored, and enforced by federal and state governments.
C. 
The Borough Clerk is designated as the Civil Rights Compliance Officer.
D. 
Policy: It is the Borough's policy to:
(1) 
Comply with both the letter and the spirit of all applicable laws and regulations governing employment;
(2) 
Provide EO to all employees and to all applicants for employment;
(3) 
Take appropriate affirmative action to make EO a reality.
(4) 
Prohibit unlawful discrimination or harassment because of race, color, religion, national origin, sex, age, physical or mental disability, or because of one's status as a special disabled veteran or veteran of the Vietnam era, in any employment decision or in the administration of any personnel policy;
(5) 
Make reasonable accommodations for the physical and/or mental limitations of otherwise qualified employees or applicants with disabilities;
(6) 
Ensure that opportunity is afforded to all minority- and women- owned businesses to participate as suppliers or contractors of goods and services to the Borough;
(7) 
Post all employment notices and posters required by law, including those of the United States Department of Labor, the Equal Employment Opportunity Commission and the New Jersey Department of Labor; and
(8) 
Comply with any and all requirements of collective bargaining agreements with employees.
E. 
All policies shall apply to all compensated employees of the Borough, except where contracts with bargaining units take precedence.

§ A395-23 Sexual and other harassment policy.

The Borough prohibits any form of unlawful employee harassment based on race, color, religion, sex, national origin, age, handicap or disability. Each department head is responsible for creating an atmosphere free of discrimination and harassment, sexual or otherwise. Employees are responsible for respecting the rights of their coworkers to work in an environment free from all forms of unlawful discrimination and conduct which can be considered harassing, coercive or disruptive, including sexual harassment. Improper interference with the ability of the Borough's employees to perform their expected job duties is not tolerated. With respect to sexual harassment, the Borough prohibits:
A. 
Unwelcome sexual advances; requests for sexual favors; and all other verbal or physical conduct of a sexual or otherwise offensive nature, especially where:
(1) 
Submission to such conduct is made either explicitly or implicitly a term or condition of employment;
(2) 
Submission to or rejection of such conduct is used as the basis for decisions affecting an individual's employment; and/or
(3) 
Such discriminatory conduct is sufficiently severe or pervasive so that a reasonable person of the same sex as the offended employee would believe that the conditions of employment are altered and the working environment is rendered intimidating, hostile or offensive.
B. 
Sexual harassment in this context includes, but is not limited to, offensive or unwelcome sexual advances, flirtations, propositions, comments, jokes, innuendos, and other sexually oriented statements about an individual's body or used to describe an individual, and the display of suggestive pictures or objects in the workplace.
C. 
If an employee experiences any job-related harassment based on sex, race, national origin, disability, or another factor, or believes that he/she has been treated in an unlawful, discriminatory manner, that employee shall promptly report the incident to his/her department head, who shall investigate the matter and take appropriate action in conjunction with the Borough Clerk. If the employee believes it would be inappropriate to discuss the matter with his/her supervisor, the employee may bypass his/her supervisor and report directly to the Borough Clerk, who will undertake an investigation. All complaints shall be kept confidential to the maximum extent possible.
D. 
If the Borough determines that an employee is guilty of harassing another employee, appropriate disciplinary action will be taken against the offending employee, up to and including termination of employment.
E. 
The Borough prohibits any form of retaliation against any employee for filing a bona fide complaint under this policy or for assisting in a complaint investigation. Threats, other forms of intimidation, and/or retaliation against the employee or any other party based on involvement in the complaint process may be cause for disciplinary action.

§ A395-24 AIDS and other life-threatening illnesses.

A. 
The Borough recognizes that employees with a life-threatening illness such as AIDS may wish to continue their employment and, in fact, that continued employment may be therapeutically important to their recovery process. The Borough also recognizes that it must satisfy its legal obligation to provide a safe work environment for all employees, customers, and other visitors to our premises. As long as employees who have AIDS are able to maintain acceptable performance standards in accordance with established Borough policies and procedures, and the weight of medical evidence continues to indicate that AIDS cannot be transmitted by casual workplace contact, employees with AIDS will be permitted to continue to work.
B. 
In determining such an employee's ability to continue in employment, the Borough will consider making reasonable accommodation to the employee's condition, consistent with applicable federal, state, and local laws.
C. 
An employee with AIDS or any other life-threatening illness should contact the Borough Clerk, who will provide information about the illness and about programs that are available to assist the employee and family. Further, the Borough will take all reasonable precautions, to the maximum extent possible, to ensure that the information about the employee's condition remains confidential.

§ A395-25 Nondiscrimination against and accommodation of individuals with disabilities.

A. 
The Borough shall comply with the Americans With Disabilities Act ("ADA") and applicable state and local laws providing for nondiscrimination in employment against qualified individuals with disabilities. The Borough shall also provide reasonable accommodation for such individuals in accordance with these laws, unless such accommodations will create an undue hardship on the Borough. It is the Borough's policy to, without limitation:
(1) 
Ensure that qualified individuals with disabilities are treated in a nondiscriminatory manner in the preemployment process and that employees with disabilities are treated in a nondiscriminatory manner in all terms, conditions, and privileges of employment.
(2) 
Administer medical examinations:
(a) 
To applicants only after conditional offers of employment have been extended; and
(b) 
To employees only when justified by business necessity or as part of the Borough's voluntary annual physical examination program.
(3) 
Keep all medical-related information confidential in accordance with the requirements of the ADA and retain such information in separate confidential files.
(4) 
Provide applicants and employees with disabilities with reasonable accommodation, except where such an accommodation would create an undue hardship on the Borough.
(5) 
Notify individuals with disabilities that the Borough provides reasonable accommodation to qualified individuals with disabilities, by including this policy in this manual and by posting the Equal Employment Opportunity Commission's poster on not discriminating against individuals with disabilities and other protected groups conspicuously throughout the Borough's facilities.
B. 
Procedure for requesting an accommodation.
(1) 
Qualified individuals with disabilities may make requests for reasonable accommodation to the Borough Clerk. On receipt of an accommodation request, the Borough Clerk shall meet with the requesting individual to discuss and identify the precise limitations resulting from the disability and the potential accommodation that the Borough might make to help overcome those limitations.
(2) 
The Borough shall determine the feasibility of the requested accommodation, considering various factors, including, but not limited to, the nature and cost of the accommodation, the availability of tax credits and deductions, outside funding, the facility's overall financial resources and organization, and the accommodation's impact on the operation of the facility, including its impact on the ability of other employees to perform their duties and on the facility's ability to conduct business.
(3) 
The Borough Clerk shall inform the employee of the Borough's decision on the accommodation request or on how to make the accommodation. If the accommodation request is denied, an employee shall be advised of his/her right to appeal the Borough's decision by submitting a written statement to the Borough Clerk along with the reasons for the request.
(4) 
The Mayor and Council shall review all employee appeals and shall notify the Borough Clerk of its decision, which will be final. The Borough Clerk will, in turn, notify the individual making the appeal of the decision.

§ A395-26 Drug and alcohol abuse policy.

A. 
Policy.
(1) 
The Borough has a strong commitment to the health, safety and welfare of its employees, their families, and the residents of the Borough and establishes a clear policy which demonstrates its concern that, due to the potential for drug and alcohol abuse among some of the Borough's employees, the safety of the Borough's employees and the general public could be endangered. The Borough's commitment is to maintaining a safe and secure workplace which requires a clear policy and supportive programs relating to the detection, treatment and prevention of substance abuse by employees.
(2) 
This policy applies to all employees of the Borough while on the job and to situations wherein an employee's off-the-job or off-premises conduct impairs work performance or undermines the public confidence in, or harms the reputation of, the Borough. The Borough, due to the nature of the services that the Police Department provides, may adopt an additional drug and alcohol policy which members of the Police Department must follow.
(3) 
The Borough's concern is to assure that employees report to work in condition to perform their duties safely and efficiently in the interest of their fellow workers and taxpayers, as well as themselves.
B. 
Goal. It is the goal of the Borough to provide a safe workplace by eliminating the hazards to health and job safety created by alcohol and other drug abuse.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CONTROLLED SUBSTANCE ABUSE
Includes prescribed drugs not being used for prescribed purposes or in a prescribed manner.
ILLEGAL DRUG
Drugs and controlled substances, the possession or use of which is unlawful, pursuant to the laws of any county and federal, state and local laws and regulations of the United States. Drugs and controlled substances that are not legally obtainable, or that are legally obtainable but have not been legally obtained, are considered to be illegal drugs. Examples include street drugs such as cocaine, heroine, marijuana and phencyclidine and controlled substances such as amphetamine and methamphetamine, and barbiturates.
D. 
Sanctions. Any Borough employee who engages in the sale, use, possession or transfer of illegal drugs or controlled substances, or who offers to buy or sell such substances; or who uses alcohol during working hours; or abuses the use of prescribed drugs will be subject to disciplinary action up to and including termination.
E. 
Employee responsibility. The Borough believes that each employee has the responsibility to:
(1) 
Report to work at all times free of alcohol or other drugs and their effects;
(2) 
Seek assistance for alcohol- and other drug-abuse-related problems through an approved program before job performance is affected; and
(3) 
Support the Borough's efforts to eliminate alcohol and other drug abuse among employees where it exists.
F. 
Assistance in overcoming illegal drug use or controlled substance abuse. Whenever feasible, and subject to the limitations described herein, the Borough shall assist employees in overcoming illegal drug use or controlled substance abuse. However, the decision to seek diagnosis and accept treatment for illegal drug use or controlled substance abuse indefinitely is the individual employee's responsibility.
(1) 
Self referral. Employees with personal drug or controlled substance abuse problems should request assistance from the appropriate department head. Assistance will be provided on a confidential basis, and each employee will be referred to the appropriate treatment and counseling services. Employees who voluntarily request assistance in dealing with drug or controlled substance abuse problems will do so without jeopardizing their continued employment with the Borough.
(2) 
Borough referral. Employees who test positive for illegal drug use or controlled substance abuse and who are referred, at the Borough's request, for counseling or treatment will be limited to one opportunity for counseling or treatment to cease the use of illegal drugs. A second positive test for use of illegal drugs will result in immediate termination.
G. 
Authorized use of prescribed medicine. An employee undergoing prescribed medical treatment with any drug or controlled substance that may impair his/her physical or mental ability should report this treatment to the Borough Clerk who, in consultation with the department head, shall determine whether the Borough should temporarily change the employee's job assignment during the period of treatment.
H. 
Testing.
(1) 
The Borough shall test all applicants, whether new employees or rehires. Every newly hired and rehired employee shall be free of illegal drug use and controlled substance abuse. Each offer of employment shall be conditioned upon the successful completion of the test for illegal drugs and controlled substances as prescribed by the Borough. Any applicant who tests positive in the preemployment drug test shall be rejected; new applicants shall be ineligible for hire for 24 months and rehires shall be ineligible for hire for 12 months unless the applicant adequately establishes a legal basis for the use of the drug or controlled substances with respect to which the applicant tested positive.
(2) 
Applicants and employees subject to testing must, prior to testing, sign an approved form agreeing to the testing, authorizing the release of test results to the Borough Clerk and authorizing the disclosure of the results to any other persons the Borough Clerk determines need to know for the safety and welfare of the other employees and the residents of the Borough.
(3) 
Whenever the Borough, during the course of an investigation by the Borough Clerk, has reasonable suspicion that an employee is under the influence of alcohol or drugs, then the following procedure shall immediately be applied:
(a) 
An employee reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shall be instructed to wait for a reasonable amount of time until an authorized Borough representative can transport the employee from the work site.
(b) 
The employee shall be transported to such facility, as determined by the Mayor and Council, where a drug and/or alcohol test can be administered. If an employee refuses to sign the approved form agreeing to the testing, that individual shall be notified that he/she may be subject to appropriate disciplinary action for insubordination. Disciplinary action may include termination.
(4) 
The Borough shall afford the applicant and/or employee subject to testing the opportunity, prior to testing, to list all prescription and nonprescription drugs and controlled substances they have used and to explain the circumstances surrounding the use of such drugs and controlled substances. Failure of any employee to establish adequately a legal basis for the use of any drug or controlled substance with respect to which the employee tests positive shall constitute a violation of this policy.
(5) 
The Borough's officers, employees, agents and representatives may use such information in connection with Borough business and for purposes of employment and disciplinary actions and disclose it, when required, to government agencies and to others upon valid legal requests, legal proceedings and other situations to protect the interests of and otherwise in accordance with policies on employee data.
(6) 
The Borough, prior to taking any action, shall give all employees who test positive the opportunity for a hearing before the Mayor and Council. Adequate notice shall be given the employee prior to the hearing.
(7) 
The Borough shall establish and maintain any and all additional testing programs and requirements that may be necessary or appropriate to comply with applicable rules and regulations of all governments.
I. 
Hearing.
(1) 
After receipt of a request for a hearing by an employee who tests positive for the use of drugs or controlled substances and upon receipt of the completed investigative report by the Borough Clerk, the Mayor and Council shall conduct a hearing with notice to the employee as set forth below.
(2) 
The accused employee shall be notified, in writing, at least 10 days before the hearing of this matter. The accused employee may request one postponement of the hearing upon receipt of the notice in order to obtain legal counsel; however, the delay occasioned by such request shall not exceed 30 days from the date of receipt of the notice by the accused employee. It is recommended that the accused employee seek legal counsel.
(3) 
The accused employee shall be entitled to attend the hearing and testify in his/her own behalf. If allegations were made by another employee against the accused employee, the accused employee shall be entitled to confront and cross-examine the employee who reported the drug use.
(4) 
The accused employee shall be entitled to call witnesses in his/her own behalf and to introduce evidence which bears upon the issues presented by the investigative report.
(5) 
At the conclusion of the hearing, the Mayor and Council shall have the sole discretion to impose discipline, which may include the termination of employment of such employee.

§ A395-27 Separation from employment.

A. 
Separation.
(1) 
Employees who have acquired regular employment status may be temporarily suspended from the Borough's employ by layoff or suspension or permanently separated by resignation or dismissal.
(2) 
The Borough will generally schedule exit interviews at the time of separation from service. The exit interview will afford an opportunity to discuss such issues as employee benefits and conversion privileges. At this time, employees shall return all Borough-owned property and may voice suggestions, concerns and questions.
(3) 
Exit interviews shall be recorded, and the record of the interview shall become part of the employee's permanent personnel file.
B. 
Layoff.
(1) 
Whenever there is a lack of work or a lack of funds, requiring a reduction in the number of employees in a department of the Borough, the required reductions shall be made in such job classification or classifications as the Mayor and Council may designate in consultation with the department head.
(2) 
Employees shall be laid off in the inverse order of their length of service. Within each affected job class, all temporary employees shall be laid off before probationary employees, and all probationary employees shall be laid off before any regular employees.
(3) 
Employees so affected shall be given two weeks' notice or two weeks' pay in lieu thereof.
(4) 
The Borough shall maintain a recall list of laid-off employees for one year following the layoff. The Borough shall not hire new employees while there are employees on the recall list qualified to perform the duties of the vacant position, unless such employees on recall refuse to accept such employment.
(5) 
Employees who are rehired after a period of layoff may not be entitled to the same salary, benefits or other work conditions that he or she experienced prior to the layoff.
C. 
Suspension.
(1) 
Suspension is the temporary removal of an employee from service.
(2) 
An employee may be suspended with or without pay, at the discretion of the Mayor and Council, depending on the circumstances of the situation.
(3) 
An employee may be suspended without pay for reasons of misconduct, negligence, inefficiency, insubordination, repeated unauthorized absences, or other offenses.
(4) 
The employee shall be notified in writing of his/her suspension, including the cause and number of days the employee shall be suspended. A copy of the notice shall be placed in the employee's personnel history file.
D. 
Resignation. An employee who is resigning from a Borough position must give at least two weeks' notice to the Borough Clerk in writing in order to allow time to find a replacement, process benefit materials, and complete any required documents. Failure to give notice shall result in the loss of accrued vacation, compensatory time or other such benefits due to the employee. If the employee is transferring from one Borough position to another, benefits and records will automatically be transferred over.
E. 
Dismissal. Dismissal is the removal of an at-will employee from service. This action may be taken by the Mayor and Council when it is determined that such summary action is deemed necessary.
F. 
Separation by members of Police Department. Retirement, separation or death shall be governed by the terms of the PBA contract.

§ A395-28 Performance reviews.

A. 
The primary purpose of employee performance evaluations is to review the performance of the employee, based on preestablished performance standards. Regular performance evaluations give employees and supervisors the opportunity to discuss job tasks and related goals. Performance evaluations shall also be considered in decisions affecting salary advancement, disciplinary action and training needs.
B. 
Job performance of a probationary employee will be reviewed monthly with the supervisor. Should performance during the probationary period not meet minimum standards, employment may be terminated.
C. 
Performance of permanent employees will be reviewed with the department head at least once a year. At that time, there will be a discussion of ways to improve the employee's quality and efficiency on the job and establish goals for the next year. The performance review will be documented in writing and signed by both the department head and employee.

§ A395-29 Violations; disciplinary action.

The following acts, which are serious violations of work rules, and any other serious violation of similar nature, may subject an employee to immediate disciplinary measures up to and including discharge in the Borough's discretion:
A. 
Falsifying Borough records or presenting fraudulent documents or claims, both oral and written, including sickness and hours worked;
B. 
Any acts which might injure or endanger the safety of others, including fighting;
C. 
Deliberately delaying work in progress;
D. 
Deliberately abusing, destroying, damaging or defacing Borough property or the property of others;
E. 
Disclosure of confidential information to unauthorized persons;
F. 
Insubordination, failure to cooperate and/or refusal to perform work properly as assigned by the department head or the Mayor and Council;
G. 
Using, selling, possessing, reporting to work and/or being under the influence of intoxicants or drugs, including alcoholic beverages, narcotics and marijuana, on Borough property or during working hours;
H. 
Stealing;
I. 
Possession of firearms or other lethal weapons on Borough property or during working hours without the authority of the Mayor and Council;
J. 
Smoking in unauthorized areas, particularly in areas that present a safety hazard;
K. 
Refusing to wear required safety clothing or equipment or failure to obey established work safety rules;
L. 
Excessive or unexcused tardiness or absenteeism;
M. 
Neglect of duty or inattention to duty, including sleeping, reading and leaving the work area;
N. 
Unsatisfactory work performance;
O. 
Pranks, horseplay, or the use of abusive or threatening language in a malicious manner toward coworkers, supervisors or the public;
P. 
Starting work late, quitting work early and/or taking extended rest or meal periods without the permission of the department head or his/her designee;
Q. 
Leaving the assigned work area without permission of the department head or his/her designee, wasting time or interfering with production;
R. 
Failure to report personal injury and/or job-connected injury promptly to the department head or his/her designee, and/or failure to receive medical attention when instructed to do so;
S. 
Failure to notify the department head or his/her designee properly in the case of an absence;
T. 
Failure to observe traffic rules, speeding, or reckless operation of any Borough-owned motor vehicles;
U. 
Unauthorized use of telephone and/or fax machine;
V. 
Unauthorized solicitation of funds, raffles, or memberships during work time, or unauthorized distribution of written or printed matter on Borough property during work time or in any work areas at any time; and
W. 
Abuse of personal and/or sick day privileges.

§ A395-30 Personnel files.

A. 
The Borough Clerk shall maintain personnel files on each employee. These files shall contain documentation regarding all aspects of the employee's tenure, including application for employment, test results, if any, dates of appointment and promotions, job titles, salaries, attendance records, grievances, performance appraisals, beneficiary designation forms, disciplinary warning notices, and letters of commendation. An employee may review his/her personnel file on an annual basis, by contacting the Borough Clerk to schedule an appointment.
B. 
To ensure that personnel files are up to date at all times, employees shall notify the Borough Clerk of any changes in name, telephone number, home address, marital status, number of dependents, health insurance, additions and deletions, beneficiary designations, scholastic achievements, and the individuals to notify in case of an emergency.
C. 
Personnel records shall be treated in a confidential manner. The records are available only to the employee, his/her department head, the Borough Clerk, and the Mayor and Council.

§ A395-31 Conscientious Employee Protection Act (CEPA).

A. 
No retaliatory action will be taken against an employee of the Borough because the employee does any of the following:
(1) 
Discloses or threatens to disclose to a supervisor or a public body an activity, policy or practice of the Borough or another employer, with whom there is a business relationship, that the employee reasonably believes is in violation of a law, or a rule or regulation promulgated pursuant to law;
(2) 
Provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation promulgated pursuant to law by the Borough or another employer, with whom there is a business relationship; or
(3) 
Objects to or refuses to participate in any activity, policy or practice which the employee reasonably believes:
(a) 
Is in violation of a law, a rule, or a regulation promulgated pursuant to law;
(b) 
Is fraudulent or criminal; or
(c) 
Is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment.
B. 
An employee who intends to report alleged wrongdoing to a public body must in normal circumstances advise a department head, in writing, and give the department head a reasonable opportunity to correct the problem. Internal reporting is not required in emergency situations where the employee reasonably fears physical harm or where the employee is reasonably certain that the practice in question is already known to one or more supervisors. The person designated to receive an internal complaint is the Borough Clerk; however, in the event the alleged harassment relates to the Borough Clerk, the Mayor shall be contacted.