Township of Manalapan, NJ Article IX Disciplinary Actions

§ 30-35 Investigation; types of actions.

A. When a department head is made aware that a nonpolice employee is not conforming to the letter or spirit of the Township policies and rules or to specific instructions given him or her or has acted improperly, the department head must first discuss the matter with the employee concerned in order to obtain the employee's view of the matter.

[Amended 2-25-2004 by Ord. No. 2004-06]

B. If the matter is not serious and the supervisor is satisfied, the matter may then be dropped.

C. Should the department head consider the offense sufficiently serious to warrant further consideration by the Municipal Administrator, the employee shall be so advised and a meeting of the employee, his or her department head and the Municipal Administrator will be arranged at the earliest possible date. All facts shall be presented at this meeting, which shall, if possible, be concluded. A written report of the meeting and of the action taken shall be placed in the employee's personnel history file.

[Amended 2-25-2004 by Ord. No. 2004-06]

D. The matter will be referred to the governing body in the event the discipline issued is greater than a ten-day suspension from duty without pay.

[Amended 2-25-2004 by Ord. No. 2004-06]

E. Disciplinary actions against employees shall be in the following forms:

(1) Informal private, verbal reproof of the supervisor.

(2) Written memorandum of censure from the supervisor or the supervisors superiors.

[Amended 2-25-2004 by Ord. No. 2004-6]

(3) Letter of admonition from the Municipal Administrator.

[Amended 2-25-2004 by Ord. No. 2004-06]

(4) Suspension from duty without pay.

(5) Transfer or demotion of employee.

(6) Separation from the service of the Township.

F. All papers in connection with a disciplinary action shall be placed in the employee's personnel history file.

G. Any employee may appeal a disciplinary action, except suspension from duty, by means of the procedure set forth for handling grievances.

§ 30-36 Suspension.

[Amended 2-25-2004 by Ord. No. 2004-06]

A. Suspension from duty of any non-police employee may be ordered by the Municipal Administrator when the period of suspension is 10 days or fewer, or by the governing body by formal resolution upon the recommendation of the Municipal Administrator when the period of suspension is to be greater than 10 days.

B. The suspension of any employee must be reported by the Municipal Administrator to the Township Treasurer.

C. A fair and complete investigation of the case will be made by the Municipal Administrator to accumulate all facts and to interview all interested parties. If requested by an employee who has been suspended for more than 10 days, a hearing shall be held before the Municipal Administrator or his or her designee. After the conclusion of the investigation and hearing, if one is had, the findings and recommendations, supported by all available data, will be reported to the governing body.

§ 30-37 Dismissal.

An employee may be dismissed from the service or demoted for cause by formal resolution of the governing body. The causes sufficient for removal from the service include:

A. Neglect of duty.

B. Absence without leave or failure to report after authorized leave has expired or after such leave has been disapproved or revoked.

C. Incompetency or inefficiency or incapacity due to mental or physical disability.

D. Insubordination.

E. Serious breach of discipline.

F. Intoxication while on duty.

G. Commission of a criminal act.

H. Participating in any political activity prohibited in this chapter.

I. Disobedience of departmental rules and regulations.

J. Nonresidence when residence is required by ordinance or law.

K. Conduct unbecoming a public employee.

L. Any violation of § 30-16 of the Township Code.