An employee who is injured in the performance
of his duties shall immediately report the accident to his supervisor,
who shall complete a form provided for such reports. The completed
accident report form shall then be submitted to the Municipal Administrator.
The Municipal Administrator shall maintain adequate
personnel records for each employee of the Township. The records should
include grievances, dates of appointments and promotions, job titles,
salaries, commendations, disciplinary actions, leave of any type taken
and accumulated, merit ratings and the like. Appropriate forms for
reporting such information shall be developed by the Municipal Administrator,
and the order of filing such forms within a file shall be uniform.
Subject to the approval of the Business Administrator
and the governing body, a department head may establish written regulations
affecting the personnel and internal operations of his department;
provided, however, that the departmental regulations shall not conflict
with any of the provisions of this chapter.
[Amended 12-28-2016 by Ord. No. 2016-12]
A. General anti-harassment policy.
(1) It is the Township's policy to prohibit harassment of an employee
by another employee, management representative, supplier, volunteer,
or business invitee on the basis of actual or perceived sex, race,
creed, color, religion, national origin, ancestry, age, marital or
political status, affectional or sexual orientation, domestic partner
status, civil union status, atypical heredity, cellular or blood trait,
genetic information, disability (including AIDS or HIV infection),
gender identity or expression, liability for service in the United
States armed forces, and/or any other characteristic protected by
law. Harassment of nonemployees by our employees is also prohibited.
While it is not easy to define precisely what harassment is, it includes
slurs, epithets, threats, derogatory comments, unwelcome jokes, teasing,
caricatures or representations of persons using electronically or
physically altered photos, drawings, or images, and other similar
verbal or physical conduct.
(2) If an employee is witness to or believes to have experienced harassment, immediate notification of the supervisor or another appropriate person should take place. See reporting procedure in Subsection
B(4), Anti-sexual-harassment policy, which also applies here.
(3) Harassment of any employees, in connection with their work, by nonemployees
may also be a violation of this policy. Any employee who experiences
harassment by a nonemployee, or who observes harassment of an employee
by a nonemployee should report such harassment to his or her supervisor.
(4) Notification of appropriate personnel of any harassment problem is
essential to the success of this policy and the Township generally.
The Township cannot resolve a harassment problem unless it knows about
it. Therefore, it is the responsibility of all employees to bring
those kinds of problems to the attention of the appropriate officials
so that steps are taken to correct them.
(5) Violation of this harassment policy will subject employees to disciplinary
action up to and including discharge.
B. Anti-sexual-harassment policy.
(1) Purpose. Sexual harassment is against the laws of the State of New
Jersey and against the policies of the Township of Manalapan. Sexual
harassment may cause a victim economic, physical and/or emotional
hardship, and cause a disruptive work environment for all affected.
It is a chief goal of the Township of Manalapan to maintain a work
place free from hostile, intimidating or offensive conduct. The within
policy is adopted to insure that this goal is achieved and that those
who violate this policy are sufficiently penalized.
(2) Definitions. As used in this section, the following terms shall have
the meanings indicated:
RETALIATION
Any act or omission which is a reprisal against an individual
because s/he lodged a complaint pursuant to this policy or has failed
to condone the behavior of the accused or a reprisal against an individual
because charges have been brought against the accused. Actions taken
against persons other than the complainant may also constitute retaliation.
Any retaliation taken against an individual per this policy shall
result in penalties.
SEXUAL DISCRIMINATION
Any discriminatory act, whether verbal or physical, by any
officer or employee of the Township of Manalapan which is unlawful
and/or unjust to another officer or employee. Discriminatory acts
are those based upon the sex of the victim and include, but are not
limited to, acts withholding, infringing upon and/or denying an employee
rights, compensation, conditions, advantages, and/or privileges of
employment.
SEXUAL HARASSMENT
Any deliberate act, whether verbal or physical, by any officer
or employee of the Township of Manalapan which creates a hostile environment,
such as to annoy, threaten or make demands upon another officer or
employee, due to his or her sex. Harassment includes, but is not limited
to, touching, teasing, nagging, insulting and/or taunting, in order
to cause the individual worry, distress, anxiety and/or fear. There
need not be overt physical contact to constitute harassment.
UNLAWFUL CONDUCT
Results when submission to the harassment, discrimination
or retaliation is made a term of condition of employment, or when
submission to or rejection of such conduct unreasonably interferes
with the individual's performance or creates an intimidating, hostile
or offensive work environment.
(3) Prohibited acts. Any act of sexual discrimination, sexual harassment
or retaliation as defined is strictly prohibited.
(4) Procedure for reporting violations of this policy. Any person who
feels h/she has been victimized by sexual discrimination, sexual harassment
or retaliation may file a written or oral report with his/her department
head, the department head of the accused or, when necessary, the Township
Administrator. It shall be deemed necessary to file a report with
the Township Administrator when there are valid grounds to believe
it is in the best interest of those involved to avoid reporting to
a department head. Any oral complaint given must be recorded in writing
by the individual receiving the complaint.
(5) Investigative procedure.
(a)
An objective investigator shall be appointed to determine the
validity of any complaint. The investigation shall be completed in
a reasonable amount of time to resolve the issue and minimize the
effects of such investigation on the parties involved. Upon the conclusion
of the investigation, a written report shall be confidentially filed
with the Township Administrator regardless of whether the accused
has been found guilty or innocent or if the investigation proved inconclusive.
All efforts will be made to protect the identity of the complainant,
however, anonymity cannot be fully guaranteed due to the nature of
this type of conduct and the right of the accused to know his/her
accuser.
(b)
It shall not be required that the sexual harassment or sexual
discrimination take place on Township property during regular work
hours for a complaint filed and an investigation to take place.
(6) Penalties. Penalties imposed against any individual found guilty of violating the provisions herein shall be done so in accordance with the applicable provisions of law and Article
IX of this chapter.
If, within one year following the layoff of
an employee from his employment by the Township, he shall be reinstated
to the same position previously held, he shall enter said position
in the same salary he was receiving prior to said layoff. His service
shall be considered continuous for the purpose of promotion, seniority,
layoff and vacation except following dismissal.