All of the provisions in this section concerning disciplinary and termination procedures are designed to serve as general conduct guidelines only. These guidelines are not intended to create, do not create, and should not be interpreted to imply that a contract of employment exists for any Borough employee. All employees who are not tenured or whose terms are not governed by state statute or who are not governed by individual written contracts of employment or collective bargaining agreements are employees at will and, consistent with fundamental due process, may be terminated with or without cause, except for reasons based on unlawful discrimination or acts against public policy, as provided by state and federal law. Furthermore, the Borough may change or rescind any policies, procedures, or terms and conditions of employment from time to time in its sole discretion.
[Adopted 12-17-1997 by Ord. No. 33-97; amended in its entirety 3-27-2024 by Ord. No. 4-24]
A.
Corrective disciplinary action, as appropriate, will be taken against any employee found to be in violation of established procedures. All disciplinary action shall be based upon total concern for the employee, the employee's relationship with his/her fellow workers, the employee's relationship with his/her supervisor, and the best interest of the Borough of Maywood (the "Borough"). Such disciplinary action shall be of a positive, educational and corrective nature, and shall not be used in an abusive or vindictive manner.
C.
This policy covers nonunion employees. It also covers union employees to the extent that their collective bargaining agreements do not cover this subject matter.
D.
Procedure in major disciplinary actions.
(1)
Generally, an employee will be served with a "preliminary notice of disciplinary action" ("PNDA") setting forth the charges against the employee and affording a hearing opportunity at a specified date, time and location. The employee must respond with a request for a hearing within five days of the receipt of PNDA; otherwise, the hearing is waived. After the hearing (or a waiver of a hearing), a decision is made and within 20 days, unless additional time is agreed to by the parties. Written notification to the employee shall be made by issuing a "final notice of disciplinary action" form.
(2)
An immediate suspension may be imposed prior to a hearing when:
(a)
The employee is unfit for duty or presents a hazard to any person if permitted to remain on the job or the suspension is necessary to maintain safety, health, order or effective direction of public services. However, a PNDA with opportunity for a hearing must be served in person or by certified mail within five days following the immediate suspension; or
(b)
The employee is suspected/charged with an act of misdemeanor, felony or any form of malicious mischief which leads to arrest and/or incarceration and fails to notify his department/division head or designated superior immediately. This failure could result in disciplinary action, up to and including termination; or
(c)
The employee has been formally charged with a crime of the first, second or third degree or a crime of the fourth degree directly related to the employee's job.
(3)
Where a suspension is immediate, and is without pay, the employee must first be apprised either orally or in writing regarding the charges, the reason why an immediate suspension is sought, and a general description of the evidence in support of the charges. The employee will be provided an opportunity to respond to the charges before a representative of the Borough. The response may be oral or in writing.
E.
An employee may be subject to discipline, including termination, for any of the following reasons:
(1)
Incompetency, inefficiency or failure to perform duties;
(2)
Insubordination;
(3)
Inability to perform duties;
(4)
Chronic or excessive absenteeism or lateness;
(5)
Conviction of a crime;
(6)
Conduct unbecoming a public employee;
(7)
Neglect of duty;
(8)
Misuse of public property, including motor vehicles;
(9)
Discrimination that affects equal employment opportunity, including sexual harassment;
(10)
Violation of federal regulations concerning drug and alcohol use by and testing of employees who perform functions related to the operation of commercial motor vehicles, and state and local policies issued thereunder;
(11)
Falsification of public records, including attendance and other personnel records;
(12)
Failure to report absence;
(13)
Harassment of co-workers and/or volunteers and visitors;
(14)
Theft or attempted theft of property belonging to the Borough, fellow employees, volunteers or visitors;
(15)
Unauthorized absences and/or chronic or excessive absences;
(16)
Fighting on Borough's property at any time;
(17)
Being under the influence of intoxicants (e.g., liquor) or illegal drugs (e.g., cocaine or marijuana) on Borough property and at any time during work hours;
(18)
Failure to report to work on the day or days prior to or following a vacation, holiday and/or leave, and/or any other unauthorized day of absence;
(19)
Possession, sale, transfer or use of intoxicants or illegal drugs on Borough property and at any time during work hours;
(20)
Entering the building without permission during nonscheduled work hours;
(21)
Soliciting on Borough premises during work time. This includes but is not limited to distribution of literature or products or soliciting membership in fraternal, religious, social or political organizations, and for sales of products, such as those from Avon, Amway, etc.;
(22)
Careless waste of materials or abuse of tools, equipment or supplies;
(23)
Deliberate destruction or damage to Borough property or the property of other employees;
(24)
Sleeping on the job;
(25)
Carrying weapons of any kind on Borough premises and/or during work hours, unless carrying a weapon is a function of your job duties;
(26)
Violation of established safety and fire regulations;
(27)
Unauthorized absence from work area, and/or roaming or loitering on the premises, during scheduled work hours;
(28)
Defacing walls, bulletin boards or any other property of the Borough or other employees;
(29)
Unauthorized disclosure of confidential Borough information;
(30)
Gambling on Borough premises;
(31)
Horseplay, disorderly conduct and use of abusive and/or obscene language on Borough premises;
(32)
Deliberate delay or restriction of your work effort, and/or incitement of others to delay or restrict their work effort;
(33)
Conviction of a crime or disorderly persons offense;
(34)
The employee has taken a fee, gift or other valuable thing in the course of his or her work or in connection with it, when such a fee, gift or other valuable thing is given by any person or organization in the hope and expectation of receiving a favor or better treatment than that accorded to other persons;
(35)
The employee has been late or absent from work on an excessive number of occasions without justifiable cause;
(36)
The employee's driver's license has been suspended or revoked and the employee's duties require his or her operation of a motor vehicle, or the employee has knowingly operated a motor vehicle while his or her driver's license was suspended or revoked;
(37)
Violating any Borough rules, procedures, regulations or policies;
(38)
Unauthorized use of computers, Internet, email, voicemail, telephone and cellular phone; and
(39)
Other sufficient cause.
These are mere examples and not an exhaustive list or binding on the Borough. Additionally, the Borough reserves the right to use any and all forms of discipline on a case-by-case basis and is not obligated to use progressive discipline. Employment with the Borough may be terminated at any time with or without cause or reason by the employee or Borough. |