[HISTORY: Adopted by the Mayor and Council
of the Borough of Wanaque 9-8-1971 by Ord. No. 13-0-71. Amendments
noted where applicable.]
[Added 12-11-2017 by Ord.
No. 12-0-17[1]]
A.
The Borough
of Wanaque hereby adopts by reference the Borough of Wanaque's Employee
Manual, which sets forth the personnel policies and procedures for
all of its employees.
B.
The Business
Administrator shall file with the Municipal Clerk the Borough's Employee
Manual.
C.
The Business
Administrator shall cause the Borough's Employee Manual to be distributed
to all Borough employees, who are required to acknowledge receipt
of the Borough's Employee Manual.
D.
Any amendments,
modifications or additions to the Borough's Employee Manual shall
be adopted and promulgated in the same manner hereunder.
[1]
Editor's Note: This ordinance also repealed former §
29-1, General rules and policies.
The Borough Clerk, Assessor, Attorney, Treasurer
and all department directors shall be appointed by the Mayor, with
the advice and consent of the Council, as authorized by the charter
and administrative code. All other appointments of officers and employees
shall be made by the Mayor pursuant to the charter.
[1]
Editor's Note: Former §§ 29-3, Classified and unclassified
service; 29-4, Scope of regulations; 29-5, Classification plan; abolition
of position; and 29-6, Pay plan, were repealed 12-11-2017 by Ord.
No. 12-0-17.
[Amended 4-27-1977 by Ord. No. 9-0-77; 12-11-2017 by Ord.
No. 12-0-17]
A.
Basis for original appointments.
(1)
Original appointments to vacancies in the Borough
service shall be based upon merit, fitness and ability, which shall
be determined by competitive examinations, insofar as practicable,
and shall be in accordance with the Civil Service Rules of the State
of New Jersey, and the qualified applicant for the position or positions
shall be filled in the following classes:
(2)
The Borough shall first appoint all those in Class
1 and then those in each succeeding class in the order above listed
and shall appoint a person or persons in any such class only to a
vacancy or vacancies remaining after all qualified applicants in the
preceding class or classes have been appointed or have declined an
offer of appointment.
[1]
Editor's Note: Former §§ 29-8, Promotions, and 29-9,
Separation from service, were repealed 12-11-2017 by Ord. No. 12-0-17.
A.
Pay periods. The Borough normally shall pay its employees
on a biweekly payroll schedule, that is, once in every two weeks,
or a total of 26 times annually. In order to avoid the possibility
of a year in which 27 pay days could occur, adjustment may be made
as to the particular day of the week in which pay is received.
B.
Computation of daily and hourly rates. Each payroll
period normally shall consist of 10 working days, so that the daily
rate of pay of each employee normally shall be 1/�260 of his
annual salary. The hourly rate shall be computed by dividing the yearly
rate by the number of hours in the employee's prescribed workweek,
unless the salary is carried on a hourly rate schedule per the Salary
Ordinance.[1]
C.
Deductions for leave without pay. Deductions in salary
for leave without pay shall be computed on the basis of hourly rate.
D.
Compensation for overtime. Compensation for overtime
shall be in accordance with the union contract.
E.
Salary increments.
(1)
Salary increments will be granted effective January
1 of each year, as negotiated for in accordance with the current union
contract.
(2)
In the case of employees who have served less than
one full year as of January 1, the salary increase, if any, to be
effective at that time shall be as negotiated with the union in concurrence
with the current contract.
F.
Direct deposit. In accordance with N.J.S.A. 52:14-15a et seq. (PL
2013, c. 28), all employees of the Borough of Wanaque, with the exception
of temporary or seasonal employees, shall have their net pay directly
deposited in a specific banking institution based on information provided
by the employee.
[Added 6-9-2014 by Ord. No. 8-0-14]
G.
Internet access. Information concerning net pay deposited in accordance
with § 20-10F shall be made available to the employee through
a secured Internet site provided by the Borough's payroll provider.
W-2 and other payroll information will also be provided through the
secured Internet site.
[Added 6-9-2014 by Ord. No. 8-0-14]
[1]
Editor's Note: Former §§ 29-11, Hours of work; 29-12,
Holidays; 29-13, Vacations; 29-14, Leaves of absence; 29-15, Political
activity; 29-16, Conflicts of interest; 29-17, Outside employment;
29-18, Disciplinary actions; 29-19, Personnel Records; 29-20, Medical
examinations; and 29-21, Training programs, were repealed 12-11-2017
by Ord. No. 12-0-17.
[Added 5-12-2003 by Ord. No. 13-0-03]
The Borough of Wanaque (hereinafter referred
to as the "Borough") has a strong commitment to provide a work environment
free from unlawful harassment based on sex, affectional or sexual
orientation, race, color, religion, national origin, age, disability,
ancestry, atypical hereditary cellular or blood trait (AHCBT), liability
for service in the Armed Forces of the United States, creed, handicap,
marital status, familial status, genetic information, refusal to submit
to genetic testing, refusal to provide genetic information, or nationality
of that person or that person's spouse, partners, members, officers,
managers, superintendents, agents, employees, business associates,
suppliers, or customers (collectively the "protected classifications").
The Borough will not tolerate unlawful harassment. Acts or incidents
of unlawful harassment should be promptly reported in accordance with
the procedures outlined below. The Borough will promptly investigate
all reports of unlawful harassment. Employees who violate this policy
will be subject to disciplinary action up to and including termination
from employment. Employees who violate this policy also risk personal
legal liability.
The purpose of this article is to ensure all
employees of the Borough of Wanaque a work environment free of any
type of unlawful discrimination, including freedom from harassment
on the basis of any protected classification.
A.
Improper conduct. Instances that may violate the Borough's
policy against harassment and which may result in disciplinary action
include the following:
(1)
Unwelcome remarks and actions based on the protected
classifications. This may include, but is not limited to, inappropriate
jokes, comments or posted materials.
(2)
Threats or suggestions that an employee's employment
work status will be adversely affected based upon the protected classifications.
(3)
Affecting or denying employment opportunities or benefits
to an employee based upon the protected classifications.
(4)
Engaging in a negative tangible employment action
based upon the protected classifications.
(5)
Retaliation against an employee who has reported any
alleged violation of this policy or participated in an investigation
related to this policy.
B.
Sexual harassment.
(1)
An important note must be made with respect to sexual
harassment. Sexual harassment is defined as any unwelcome advance
or request for sexual favors or any conduct of a sexual nature where:
(a)
Submission is made explicitly or implicitly
a term or condition of employment;
(b)
Submission to or rejection of the harassing
conduct is threatened to be used, as the basis of employment decisions;
or
(c)
Such conduct has the purpose or effect of substantially
interfering with an individual's work or creates an intimidating,
hostile, or offensive working environment.
(2)
Sexual harassment is different from sexual attraction
or flirtation. Sexual harassment is unwelcome sexual attention which
is demeaning and causes the recipient distress. Sexual harassment
does not refer to occasional inoffensive compliments. However, comments
or behavior which may be intended to be complimentary may be viewed
by the recipient as unwelcome and a form of sexual harassment.
C.
Supervisory personnel. Every supervisor is responsible
for preventing and reporting unlawful harassment. Failure to take
action to stop unlawful harassment may be grounds for disciplinary
action. Special care must be exercised by supervisors and managers
whose actions or remarks may be mistakenly perceived as unlawful harassment.
The subordinate may feel inhibited and may not disclose the unwelcome
actions or remarks by the supervisor or person of higher rank. Unlawful
harassment is not limited, however, to employees of different rank.
D.
Complaint procedure. Any employee who feels he or
she has been subject to harassment or has knowledge of a violation
of this policy should report the incident directly to the Borough
Administrator or his/her designee. The Administrator or his/her designee
is hereby designated as the harassment officer. If circumstances prevent
reporting the incident directly to the Administrator or his/her designee,
the employee should report the incident to the employee's department
head. The Administrator or his/her designee must be promptly advised
of such complaint. If the complaint involves a direct supervisor,
the employee is not required to complain to that direct supervisor.
The complaint should then be made to any of the other above-mentioned
individuals. A complaint of harassment shall be investigated by the
Administrator or his/her designee in a timely manner.
(1)
The complaint filed must include the following information:
(a)
The name and department of the complainant;
(b)
The name and department of the charged party;
(c)
The nature and circumstances, in detail, of
the alleged harassment, including but not limited to the injuries
or consequences suffered by the complainant, the names of any witnesses
to such actions and the duration of the actions questioned; and
(d)
Whether such harassment has been previously
reported to a supervisor or other person, and if so, when and to whom.
(2)
Nothing in this section shall prevent the complainant
from providing other information or documents he/she believes are
essential to the fair adjudication of their case.
(3)
The initial complaint may be made orally or in writing.
If the complaint is made orally, the Administrator or his/her designee
shall reduce same to a written document, which shall, if it is deemed
accurate, be signed by the complainant. If an individual is uncomfortable
in making a written complaint, the Borough may proceed with its investigation
without a formal, written complaint.
E.
Investigation procedure.
(1)
Once a complaint has been registered or a harassment
situation has become known to the Borough, a prompt, fair and thorough
investigation will be conducted to determine the meritorious character
of the complaint.
(2)
If the Borough determines that unlawful harassment
has occurred in violation of this policy, the individual who engaged
in such harassing conduct shall face immediate and appropriate disciplinary
action based upon the severity of the complaint and any prior history
of past charges made against the individual and disciplinary action
involving the individual. Disciplinary action may include being suspended
without pay pending the hearing, a written warning, suspension, demotion,
and/or termination of employment.
F.
Privacy.
(1)
The Borough of Wanaque encourages victims of harassment
to bring their complaints to management by ensuring that no reprisals
or retaliation will result against such complaining individual as
a result of the good-faith reporting of harassment. In addition, anyone
who assists in the filing of a complaint or in the investigation of
a claim of harassment will be protected from reprisals and retaliation.
Reprisal or retaliation may be the basis of a separate complaint,
even if the complaint of harassment may be found to be without merit.
(2)
To the fullest extent possible, and so long as it
does not inhibit the conducting of an investigation, all persons involved
with a harassment complaint will be given the utmost protection of
privacy.
G.
Borough liability.
(1)
Because the Borough of Wanaque prohibits harassment
of its employees in any form, any individual charged with harassment
in a civil action or by way of an administrative complaint shall be
solely responsible for paying all costs of defense and/or any damages
resulting therefrom which are awarded by any proper court of law or
after an administrative hearing.
(2)
Any employee with questions regarding the Borough's
Harassment Policy may contact the Administrator or his/her designee.
H.
False accusations. Since a charge of harassment is
a grave and serious one, false accusations of harassment are, and
will be treated as, a disciplinary offense and will result in a level
of punishment appropriate for a person engaging in such behavior.
