Borough of Maywood, NJ Article XI Miscellaneous

[Adopted 12-17-1997 by Ord. No. 33-97]

§ 52-58 General personnel policy.

It is the general personnel policy of the Borough of Maywood and of its employees:

A. To seek and obtain for each position to be filled the highest type and best qualified person available.

B. To provide for all employees the best possible direction, leadership, supervision, guidance, instruction and working conditions.

C. To base promotion and job security on ability, performance, experience, character, integrity, interest and personality.

[Amended 4-14-1998 by Ord. No. 5-98]

D. To make the best possible use of employees' skills and abilities in order to have each job performed by the best qualified person.

E. To first consider qualified Borough personnel for promotion whenever there is an opportunity for advancement (to be posted).

F. To treat every employee with the justice, respect, courtesy and consideration properly due him.

G. To expect and require every employee consistently to do the best work for which he/she is capable.

H. To be loyal and conscientious at all times.

I. To conduct themselves in a proper manner.

J. To treat all with whom they come in contact with the same consideration and courtesy that he/she could reasonably expect from them.

K. To urge the self-betterment of every employee.

L. To encourage him/her to study and seek all possible means of increasing his/her value, both to his/her community and to himself/herself.

M. To pay fair and adequate salaries for each position and in return to expect and require a consistently good job from the employee.

N. To impress on all employees that at all times they are serving and responsible to the citizens and taxpayers of their community and the general public.

O. To inculcate and to maintain in every employee of the Borough of Maywood a feeling of pride in himself/herself and in his/her employer, as well as job satisfaction, because he/she serves, lives in and is an important part of the finest community in the State of New Jersey.

§ 52-59 Equal employment opportunity.

[Amended 6-5-2008 by Ord. No. 15-08; 3-27-2024 by Ord. No. 4-24]

A. It is the policy of the Borough of Maywood to ensure equal employment opportunity for all persons existing within Borough government regardless of sex, race, creed, color, religion, national origin, ancestry, age, marital status, affectional or sexual orientation, domestic partnership status, civil union status, atypical heredity, cellular or blood trait, genetic information, disability (including AIDS or HIV infection), pregnancy, breastfeeding, childbirth, liability for service in the United States Armed Forces, gender identity or expression, and/or any other characteristic protected by state or federal law.

B. Age may be a factor for employment only where and when it is a valid occupational requirement as determined by law.

C. This policy shall apply to all phases of employment, including but not limited to recruitment, selection, appointment, placement, promotion, demotion, transfer, training, wages, benefits, working conditions, layoff, recall, discharge, disciplinary action, performance evaluation and use of all municipal facilities.

§ 52-60 Unemployment compensation.

A. The Unemployment Compensation Law[1] sets up a program for the payment of cash benefits to cover workers who have lost their jobs through circumstances beyond their control.

[1] Editor's Note: See N.J.A.C. 12:18-1.1 et seq.

B. The Borough of Maywood and its employees are required to make contributions to the financing of the Unemployment Compensation Insurance Program. This is accomplished through deductions from each employee's wages.

§ 52-61 Workmen's compensation.

A. The Borough of Maywood will provide workmen's compensation as required by state law for all employees.

B. Any time an accident or injury occurs while on the job, an employee shall report the incident to his/her supervisor, immediately, no matter how small the accident and/or injury. In addition, an accident report is to be completed and given to the department head and/or the Borough Clerk, immediately, after the accident and/or injury.

C. The department head or supervisor of a department, or portion thereof, will transmit the accident report and/or injury form to the Borough Clerk within 24 hours after the accident and/or injury.

D. Employees who suffer job-related injuries and illnesses may be entitled to medical expenses, lost income and other compensation under the New Jersey Workers Compensation Act. The Borough of Maywood covers workers' compensation benefits through its membership in the South Bergen Joint Insurance Fund with a self-insurance plan.

[Amended 5-13-2014 by Ord. No. 4-14]

(1) Any occupational injury or illness must be immediately reported to the supervisor or department head. All required medical treatment must be performed by a workers' compensation physician appointed by the South Bergen Joint Insurance Fund on behalf of the Borough of Maywood and payment for unauthorized medical treatment may not be covered pursuant to the Act.

(2) Unless explicitly provided for in a bargaining agreement, the Borough will only pay, either directly or through its workers' compensation insurer, those benefits that are specifically provided for under the Workers' Compensation Act and will not supplement these benefits with additional benefits pursuant to NJSA 11A:6-8.

§ 52-62 Education and training.

A. The Borough of Maywood encourages employees to receive job-related training and education through attendance at college courses, seminars and professional conferences directly related to their positions with the Borough.

B. No employee will register for a course which conflicts with the employee's working hours without prior approval of the Borough Administrator. It is not the intent to discourage education during operating hours of the Borough. However, there are simply not enough other employees available to handle the workload during operating hours when an employee interested in a day-time class desires time off for it.

C. Employees requiring special consideration to fulfill required courses for an advanced degree relating to their Borough employment shall request approval from the Borough Administrator. Prior to enrolling or registering in any class, seminar, conference, etc., the employee must first receive approval from the Borough Administrator if the employee will be applying for time off with pay to attend the training or education and reimbursement of the cost of said class, seminar, conference, etc.

§ 52-63 Alcohol- and drug-free workplace.

[Amended 3-27-2024 by Ord. No. 4-24; 12-11-2024 by Ord. No. 17-24]

All applicants for positions that require a CDL license and all employees whose job requires them to possess a CDL license shall be excluded from this Alcohol and Drug-Free Workplace policy. Instead, these employees are governed by federal and state regulations, as well as the attached CDL Drug and Alcohol Testing Policy (Appendix A).[1] Employees hired with the understanding that they must obtain a CDL license will be covered under this alcohol and Drug-Free Workplace Policy until they obtain their CDL license.

A. Your role and responsibilities.

(1) Drug-free workplace.

(a) The Borough of Maywood (the "Borough") is committed to maintaining a safe, pleasant, and productive working environment. You have the right to come to work without fear of interacting with someone under the influence of drugs or alcohol. This is considered a Health and Safety Policy of the Borough. This policy highlights the Borough's New Jersey Drug-Free Workplace Policy. The Borough's Designated Employer Representative (DER) is the Superintendent of Public Works. The Alternative DER is the Borough Clerk.

(b) The Borough recognizes the prime importance to the Borough of protecting the safety, health and welfare of its employees and others with whom we interface such as citizens, contractors and members of the public. The objective of this policy is to maintain a working environment free from the adverse effects of substance abuse. While the Borough has no intention of intruding into the private lives of its employees, the Borough does expect employees to report to work unimpaired, able to perform the duties of their job safely and effectively. In addition to absenteeism and accidents, substance abuse can adversely affect performance, productivity and workplace morale. Co-workers may feel that they have to cover up, or work harder because of someone's substance abuse. Ultimately, an employee with an alcohol or drugs problem may lose their job and/or suffer devastating effects on their health. The Borough has a duty to safeguard its employees and the public from the risk of harm from employees who work under the influence of alcohol and drugs. Similarly, employees who are working under the influence, and employees who know that a fellow employee is working under the influence, owe such a duty. The failure to honour that duty by taking the right steps to prevent this risk can result in legal liability. All employees and contractors are responsible and accountable for ensuring that they, and their employees, are not under the influence of alcohol or drugs when carrying out work for the Borough. Managers and supervisors are responsible for taking appropriate action where they identify individuals who are at work while under the influence of alcohol or drugs. They should also take appropriate action to protect the health and safety of individuals who may be affected.

(c) To the extent this policy supplements, and does not conflict with, current collective bargaining agreements, it is applicable. However, to the extent this policy may conflict with a current collective bargaining agreement (CBA), the CBA shall prevail.

(d) All testing information is considered confidential information by the Borough and will be maintained in a separate file along with the employee's medical records, separate from other personnel files. An employee has the right to inspect and obtain a copy of his or her drug test results. Drug testing information will only be released to those employees of the Borough with a job-related need to know, the DER and Alternate DER, to defend against any administrative action brought by the employee against the Borough, in grievance or arbitration proceeding under the terms of a collective bargaining agreement, in a court of law under subpoena, as released by the employee in writing, the MRO, Borough insurers, rehabilitation programs and as otherwise required by law. Our Drug-Free Workplace Policy does not tolerate the abuse of drugs or alcohol in the workplace. Understand that this policy prohibits illegal drug use on or off the job. We encourage any employee suffering from a substance abuse problem to seek help. If you need help, we can direct you to our Employee Assistance Program (EAP) Substance Abuse Professional (SAP) for a confidential evaluation and referral for substance abuse treatment if necessary. Notice of the Borough's New Jersey Drug-Free Workplace testing will be provided on vacancy announcement and is posted in conspicuous locations on Borough premises.

(e) Our program can help improve your health and help you avoid trouble with the law. Even if you do not use drugs or alcohol, this program will make your workplace safer and more productive, the Borough safer, and will help your friends and coworkers get the help they need. Compliance with this policy is a condition of your hire or continued employment, except to the extent this policy may conflict with a current collective bargaining agreement (CBA), which CBA shall prevail. The Borough has developed its drug-free workplace policy in compliance with New Jersey Laws, and the Fourth Amendment to the United States Constitution as it covers employees of governmental entities. Applicant testing will begin immediately, and 60 days after the effective date of this section for all employees who are subject to testing as outlined below. The existing drug and alcohol testing program will remain in place until the effective date of this program.

(2) Who do we test? All employees performing safety-sensitive functions, and all final applicants for positions where safety-sensitive functions are performed, and all other employees where reasonable suspicion exists. All DOT regulated employees are also subject to testing under this policy. Using the criteria below, the following positions have been classified by the Borough as safety-sensitive: firefighters, law enforcement officers who carry firearms, fire and police dispatchers, 911 operators, Department of Public Works workers, and bus drivers. Elected officials who are not otherwise classified as employees are not subject to testing under this policy.

(3) Safety-sensitive classifications. Safety-sensitive employees are those employees who discharge duties fraught with risks of injury to others where even a momentary lapse of concentration can have disastrous consequences. Factors which have been considered in determining whether a position is safety-sensitive include handling of potentially dangerous machinery, sharp objects, working at heights, positions requiring a high level of cognitive function, mostly unsupervised responsibility for children, and handling of hazardous substances in an environment where others could be injured. Positions which have been found to be safety-sensitive include firefighters, emergency medical technicians, law enforcement officials who carry firearms, fire and police dispatchers, 911 operators, heavy machinery operators, forklift operators, bus drivers, some (but not all) transportation workers, pipeline operators, gas meter repairmen, jail officers, and those involved in security functions. All Department of Transportation (DOT) regulated employees are determined to be safety-sensitive by those regulations. Unless an employee comes under drug testing regulations of some federal agency, each position, job classification or department should be individually evaluated to determine whether the employee is safety-sensitive in accordance with the above guidelines. (Attach safety-sensitive job classifications on separate sheet if necessary.)

(4) How do we test?

(a) Drug and alcohol testing is done through chemical analysis which determines without question if a person has drugs or alcohol in his or her system and in conformity with regulations of the New York Department of Health, New Jersey Department of Health, or CLIA. Specimens subject to testing include urine, breath, hair, oral fluids, or blood. Specimen collections, chain of custody and drug and alcohol tests will be in substantial compliance with the U.S. Department of Transportation (DOT) procedures if applicable to the type of specimen being tested. To ensure accuracy, urine lab test procedures shall include a preliminary drug screening, two highly sophisticated scientific tests including adulterant detection, and are reported to an independent certified Medical Review Officer prior to being released to the Borough. Observed urine collections will only be conducted with the consent of the donor, and the observer will be a person whose gender matches the donor's gender as identified by the donor at the beginning of the observed collection. Observed collections will be conducted in a professional manner that minimizes discomfort to the donor, and a medical professional may serve as the monitor, regardless of gender. The Medical Review Officer may recommend the collection of an alternate specimen (e.g., oral fluid) when a donor is unable to provide a sufficient amount of urine specimen at the collection site. The MRO will verify that chain of custody procedures were adhered to, use of a certified laboratory and that the test results were valid. The Borough provides reasonable accommodations to employees and/or applicants in the alcohol and drug testing program whose physical condition prevents them from producing a urine specimen suitable for testing. You may contact the DER if you wish to make an accommodation request. In accordance with Borough policy, a test result reported by the laboratory as a negative dilute urine test is not considered a negative test but subjects the donor to immediate retesting; and a second negative dilute urine test will render an applicant ineligible for hire and current employees, where a negative test is required, not currently fit for duty. FDA approved on-site screening devices may be utilized with all initial positive results confirmed by laboratory testing.

(b) All positive initial tests are confirmed by GC/MS at established DOT cutoff levels. An alcohol content of 0.04 or higher using a DOT approved alcohol screening device, or breath alcohol device, is classified as a positive test. The drugs tested for may include all or some of the following: 1) amphetamines; 2) cannabinoids; 3) cocaine; 4) phencyclidine (PCP); 5) opioids, designer drugs, or a metabolite of any of the above substances and mind-altering synthetic narcotics or designer drugs, or impairing-effect medications or substances, taken by employees working in a safety-sensitive classified position, in order for the employer to fulfill its duty to provide a safe place to work as a safety rule. The term "illegal use of drugs" includes any controlled or scheduled drug not used in accordance with a healthcare provider's lawful prescription for the user, or any substances banned by federal or applicable state laws.

(5) What if you test positive?

(a) The Medical Review Officer will contact you confidentially to give you an opportunity to discuss your results before reporting them to the Borough as a verified positive. You may discuss the result with the MRO up to 72 hours after a positive result and ask questions of the MRO about prescription and nonprescription medications, rebut or explain the test results to the MRO, and provide supporting documentation. During this seventy-two-hour period, any applicant or employee may request that their split specimen be tested at a second laboratory, and if positive, they will be responsible for that expense and that cost may be deducted from their paycheck, depending upon the result and, if negative, the employee will be reimbursed by the Borough for the cost of the test and any lost time. Under federal regulations, the MRO has the discretionary authority to notify the Borough that an employee is temporarily medically disqualified from the performance of safety-sensitive work during this evaluation period and also has the duty to notify the Borough if the employee is taking an impairing-effect medication. A positive drug or alcohol test is classified as willful misconduct and a violation of the Borough's policy. Any employee who tests positive, or refuses to be tested, may be subject to appropriate disciplinary action for engaging in willful misconduct connected with work, up to and including immediate termination, for gross misconduct connected with work, and violation of a safety rule for those employees working in a safety-sensitive position and/or forfeit eligibility for workers' compensation benefits per N.J.S.A. § 34:15-7 if post-accident and may adversely affect an employee's eligibility to receive unemployment compensation benefits. Any applicant made a conditional offer that tests positive, or refuses to be tested, will be denied employment or have their offer withdrawn.

(b) As it relates to cannabis, an employee will be subject to adverse action if there is both a positive drug test, confirmed by a licensed laboratory, and a determination of reasonable suspicion based on documentation of physical signs or other evidence of impairment during the employee's work hours. When the New Jersey Cannabis Regulatory Commission issues standards for certification of a Workplace Impairment Recognition Expert ("WIRE"), an employee will be subject to adverse action if there is both a positive drug test and a physical evaluation by a WIRE.

(c) Applicants for non-CDL positions will not be denied employment based solely on a positive pre-employment drug test for cannabis, except for law enforcement officers assigned to a federal task force, holding a federally regulated license requiring testing, or applying to an agency that is specifically required to test for cannabis by the terms of a federal contract or federal grant.

(6) What if you fail to follow safety guidelines? Often times, impairment from drugs or alcohol will cause an employee to fail to adhere to safety guidelines and other common sense safe working practices. Failure to wear a seatbelt, failure to use Borough provided or required safety equipment, failure to follow safety guidelines, or removal (or disabling) of a safety guard will be willful misconduct connected with work, and subject the employee to discipline, up to and including discharge for violation of Borough policy.

(7) What about impairing-effect medications or substances? Any employee working in a safety-sensitive position as defined by Borough policy is required, as a safety rule, to pre-duty disclosure that they are taking or using ANY impairing-effect prescription, including medical marijuana, over-the-counter medications, mind-altering synthetic or designer drugs or other substance which may have an effect on performance of safety-sensitive duties. If the fact that the employee is taking or using an impairing-effect medication or substance is not disclosed pre-duty by a safety-sensitive employee and the employee tests positive, is otherwise determined to be taking or using such, or is determined by the MRO to be a potential safety risk due to taking or using an impairing-effect medication or substance, that employee will be subject to discipline, up to and including termination, for violation of this safety rule. If disclosure is made, the Borough reserves the right to send the employee for a fitness-for-duty evaluation to evaluate the medication or substance and its effects on the performance of safety-sensitive duties. In advance of testing, employees are encouraged to have their own doctor make an individualized assessment of any safety-related risks of the medications or substances which they are taking or using, providing the doctor a copy of their job description and having the doctor render an opinion on the safety-related risks. The employee need not disclose to the Borough the medication or medical condition involved to fulfill the disclosure obligation of this policy. All information provided will be kept separate from personnel files and in a confidential manner. The MRO, or another medical professional selected by the Borough, will make the final determination on the safety-related risks of any particular medication or substance.

(8) What if an adulterant is found? The use of an adulterant (something added to a specimen to attempt to hide drug use) is considered a refusal to test and a violation of the policy. The same would be true if you attempted to substitute a specimen. Any employee who is found to have violated this policy by attempting to defraud a drug or alcohol test may be subject to appropriate disciplinary action, up to and including termination for willful misconduct connected with work, or withdrawal of a job offer. No last chance opportunity is available under such a circumstance. It is a criminal offense to substitute or adulterate a test specimen. It also is a criminal offense in New Jersey to manufacture, sell, give away, or possess any device or substance designed or commonly used to substitute or adulterate a test specimen. N.J.S.A. § 2C:36-10. The MRO may declare a urine specimen to be adulterated or substituted based on the laboratory report.

(9) What if i refuse? A refusal to provide a specimen for testing, unless the MRO agrees a medically valid reason exists for your inability, will be considered willful misconduct connected with work. Such willful misconduct connected with work will cause an applicant's offer to be withdrawn and will subject an employee to immediate termination for cause. Under New Jersey law, unemployment compensation benefits may not be available in such a circumstance. Failure to report for specimen collection within a reasonable time, two hours, of being directed to do so is also classified as a refusal under the Borough policy.

(10) Drug educational information. Attached to this policy you will find drug educational information to assist you in recognizing the impairing effects of drug use. The Borough will facilitate employee education on substance abuse and supervise training on how to recognize signs of abuse, how to document and corroborate observations of employee substance abuse, and how to refer substance abusing employees to the EAP.

(11) What if you have a substance abuse problem? The Borough will provide support for employees who need support and help with alcohol or drug dependency via confidential Employee Assistance Program (EAP), Substance Abuse Professional (SAP) or Medical/Occupational Health support services. Employees who proactively seek treatment will be treated sympathetically and in a confidential manner. In certain cases, this may require a transfer to other duties (e.g., where a person is working in a safety-critical role) while the individual is receiving treatment. However, the fact that an employee is seeking or undergoing treatment will not be a defense to a charge of willful misconduct if the employee reports for work under the influence of alcohol or drugs. Our policy encourages any employee with a drug or alcohol problem to voluntarily and confidentially seek help through our EAP/SAP program. Coming forward after you have been notified to report for testing is not considered a voluntary report. For confidential help with a substance abuse problem, contact the DER or the EAP/SAP. Counseling and rehabilitation for alcohol or substance abuse is available through the EAP, and may also be available under the health and welfare benefit program for employees, only to the extent of the current benefits package. The Borough will assume no direct financial responsibility for counseling or rehabilitation costs of an employee, not covered by the EAP. Any costs in addition to or in excess of any available health benefits are the employee's responsibility. A list of state and national substance abuse resources is a part of this policy.

(12) What about a last chance opportunity? No last chance opportunity is available to a probationary, part time or temporary employee, or in the case of refusal, attempted adulteration, substitution, switching, tampering with, or diluting of a specimen or attempt to defraud a drug test. Employees who receive an EAP/SAP evaluation favorable for rehabilitation may be offered a last chance agreement which will subject the employee to unannounced follow-up testing for up to 12 months, together with other educational and counseling requirements as recommend by the EAP/SAP. A negative return to duty test is required to be placed back on active duty. A positive test, refusal or failure to comply with any term of the last chance agreement during this follow-up period will subject the employee to immediate termination.

(13) Why and when do we test?

(a) Pre-employment. Drug testing will be performed on all final applicants for safety-sensitive positions, or who transfer into a safety-sensitive position, as a condition of their employment.

(b) Routine fitness-for-duty. Safety-sensitive employees may be required to submit to a drug test as part of a routine fitness-for-duty examination and may be based on a particular job classification.

(c) Reasonable suspicion. All employees will be required to submit to a drug and/or alcohol test if the Borough has a reasonable suspicion that an employee is under the influence of drugs or alcohol, which adversely affect or could adversely affect the employee's job performance. Employees selected for testing shall be suspended until a negative drug/alcohol screen or laboratory test result is received. If a negative result, the employee will not suffer a loss of pay.

(d) Post-accident/incident testing. Testing of a safety-sensitive employee may be conducted under any of the following circumstances: 1) the employee involved in the incident/accident was actively engaged in the activity which objectively could have caused or contributed to the injury or damage; or 2) the employee was operating, controlling, or repairing any machinery, tool, device, equipment or vehicle that was involved in the incident/accident; or 3) the employee's action or inaction was likely a contributing factor to the incident/accident or cannot be completely discounted as a contributing factor based on current info; or 4) testing is being conducted as part of the Borough's post-incident/accident investigation related to possible workers's compensation disqualification; or 5) testing is being conducted for other noninjured employees whose actions, or inaction, could have contributed to the incident/accident as part of a root cause investigation; or 6) post-accident drug testing is required by the workers' compensation carrier or fund.

(e) Random. Employees in safety-sensitive positions are subject to random drug testing. Those subject to testing are randomly selected, using scientifically valid methods, from a "pool" of covered employees. Non-DOT safety-sensitive employees may be included in a non-DOT testing "pool." DOT regulated employees should only be placed in a DOT testing "pool."

(f) Rehabilitation/follow-up. An employee who has voluntarily requested rehabilitation prior to a positive drug test may be subject to unannounced drug and/or alcohol testing under a work continuation agreement, to determine whether he or she is under the influence of alcohol or drugs after successful completion of the rehabilitation program. The testing will be without notice in conjunction with a referral for treatment.

(14) Policy prohibitions. Employees, applicants and contractors for the Borough are strictly prohibited from engaging in the following conduct:

(a) With respect to illegal drugs, employees and applicants violate this policy by engaging in the following conduct, whether or not during work time or on Borough premises or property and are subject to discipline up to and including discharge, or rejection of the application for employment, or cancellation of contractual agreements:

[1] Testing positive in a confirmed drug or alcohol test, or refusing to be tested.

[2] Bringing and/or storing (including in a desk, locker, automobile, or other repository) illegal drugs or drug paraphernalia on Borough premises or property, including Borough-owned or -leased vehicles, or vehicles used for Borough purposes.

[3] Having possession of, being under the influence of, testing positive for, or being in close proximity to persons using illegal drugs, or otherwise having in one's system illegal drugs.

[4] Using, consuming, transporting, distributing or attempting to distribute, manufacturing, selling, or dispensing illegal drugs. In addition, the Borough will refer such matters to the appropriate police authority.

[5] A conviction or plea of guilty relative to any criminal drug offense occurring in the workplace. All employees must notify Borough in writing of any criminal drug conviction no later than five calendar days after such conviction. Drug use off the job which adversely affects an employee's performance on the job, or which has the potential to jeopardise the health or safety of other employees, the public or the Borough's equipment or function, shall be cause for disciplinary action up to and including dismissal. Action will be taken against employees who are convicted for an off the job drug offense. In deciding what action will be taken, the incident will be evaluated in terms of the nature of the conviction, the employee's job assignment, the employee's record with the Borough and other factors related to the impact of the employee's conviction on the Borough.

[6] Abuse of prescription drugs, which includes exceeding the recommended prescribed dosage or using others' prescribed medications. Such prescriptions brought to work should remain in the original labeled container and show both the prescribing doctor's name and the prescription's expiration date.

[7] Switching, tampering with, diluting, or adulterating any specimen or sample collected under this policy, or attempting to do so.

[8] Refusing to cooperate with the terms of this policy, which includes submitting to questioning, drug testing, medical or physical tests or examinations, when requested or conducted by Borough or its designee, is a violation of Borough policy and may result in disciplinary action up to and including termination. A refusal to test includes conduct obstructing testing such as failure to sign necessary paperwork or failing to report to the collection site at the appointed time.

[9] Failure to advise pre-duty the Borough of the use of a prescription or over-the-counter drug which may alter the employee's ability to safely perform the essential functions of his or her job.

[10] Failure of an employee to notify his or her supervisor before reporting to work if he or she believes that he or she is under the influence of drugs.

(b) With respect to alcohol and cannabis, employees violate this policy by engaging in the following conduct during work time or on Borough premises or property:

[1] Bringing and/or storing (including in a desk, locker, automobile, or other repository) alcohol or cannabis on Borough premises or property, including Borough-owned or -leased vehicles, or vehicles used for Borough purposes.

[2] Having possession of, being under the influence of, testing positive for or having in one's system, alcohol or cannabis. Using, consuming, transporting, distributing or attempting to distribute, manufacturing, selling, or dispensing alcohol or cannabis. As it relates to a positive drug test for cannabis, an employee violates this policy if there is both a positive drug test and evidence-based documentation of physical signs or other evidence of impairment during the employee's work hours. Exceptions to the policy concerning alcohol consumption or possession may be made only upon the prior explicit approval of senior management for specifically identified circumstances.

[3] A conviction or plea of guilty relative to any criminal alcohol or cannabis offense occurring in the workplace. All employees must notify the Borough in writing of any criminal alcohol or cannabis conviction not later than five calendar days after such conviction. Alcohol or cannabis use off the job which adversely affects an employee's performance on the job, or which has the potential to jeopardize the health or safety of other employees, the public or the Borough's equipment or function, shall be cause for disciplinary action up to and including dismissal. Action will be taken against employees who are convicted for an off the job alcohol or cannabis offense. In deciding what action will be taken, the incident will be evaluated in terms of the nature of the conviction, the employee's job assignment, the employee's record with the Borough and other factors related to the impact of the employee's conviction on the Borough.

[4] Switching, tampering with, or adulterating any specimen or sample collected under this policy, or attempting to do so.

[5] Refusing to cooperate with the terms of this policy, which includes submitting to questioning, alcohol or drug testing, medical or physical tests or examinations, when requested or conducted by Borough or its designee, is a violation of Borough policy and may result in disciplinary action, up to and including termination. A refusal to test includes conduct obstructing testing such as failure to sign necessary paperwork or failing to report to the collection site at the appointed time.

[6] Failure of employee to notify his or her supervisor before reporting to work if he or she believes that he or she is under the influence of alcohol or cannabis.

(15) How can you help?

(a) If you are doing drugs — STOP!

(b) If you need help — ASK!

(c) If you know someone at work who is doing drugs — TAKE ACTION!

(d) Don't let someone else's drug or alcohol problem be the cause of an ON THE-JOB INJURY!

(e) Only with your help can we truly have a safe, pleasant, and productive environment at the Borough.

Borough of Maywood

15 Park Avenue

Maywood, NJ 07607

P: [phone]

B. Drug educational information.

(1) Alcohol (depressant).

Common forms:	Beer, wine, hard liquor.
How used:	Oral ingestion, patterns of use vary.
Desired effect:	People drink to relax, to socialize, as a part of a religious ceremony, for the control of physical and emotional pain, or for a variety of other reasons. Its depression of the central nervous system is progressive and continuous. It is a mood-modifying drug that usually provides a temporary feeling of mild euphoria and stimulation. This is a result of the initial depression of the higher centers of the brain which control inhibition. The more you drink, the more sedated you then become.
Time in body:	Depends on many factors, such as body size, amount of alcohol consumed within an hour, and other individual factors. Performance is affected in relation to the amount consumed. Generally, a medium-sized person eliminates the equivalent of one drink per hour. However, "hangover" effects of alcohol have been documented for as long as 14 hours after consuming an intoxicating dose, well after the blood alcohol levels have returned to zero.
Observable effects:	Staggering gait, slurred speech, odor of alcoholic beverage, shaky hands, poor eye-hand coordination, slowed reaction time, eyes react slowly to light - wears sunglasses.
Work behavior:	Arrive late, leave early, mis-outs, neglect of physical appearance, restlessness, tremors (hands, face, fingers, lips, tongue), slurred speech, uninhibited - makes inappropriate remarks.
Material indicators:	Empty liquor bottles, cans, often in paper bags; flasks, sometimes disguised as other things.
Slang terms	Booze, juice, hooch, grape, eye-opener, hair-of-the-dog, brew, suds, etc.

(2) Amphetamines (amphetamine and methamphetamine) – stimulant.

Common forms:	Amphetamine - usually capsules or white, flat, double-scored pills. Methamphetamine - white or granular powder, often packaged in aluminum foil or plastic bags.
How used:	Orally, sniffed up the nose, or injected.
Desired effects:	Most commonly sought-after effects include euphoria, postponement of fatigue, increased energy, alertness and feelings of personal power. Repeated or chronic use often causes a strong dependence reaction and a schizophrenic loss of contact with reality. Users coming off the drug experience extreme fatigue-induced sleep ("crash"), often followed by continued fatigue and depression.
Time in body:	Injection or sniffed up the nose: "rush" felt within one minute. Orally, effects felt within about 1/2 hour. Single doses detectable for about 48 hours.
Observable effects:	Dilated pupils. Flushed face, rapid respiration, profuse sweating. Hyper-excitability, talkativeness, restlessness. "Stereotypic" behavior often seen: person engages in repetitive tasks or mannerisms for extended periods of time. In large doses, inability to concentrate, confusion, panic.
Work behavior:	Tries to do job beyond competence level. Impaired ability to operate equipment. Takes chances, risks.
Material indicators:	Pills, capsules, white powder, granular crystals.
	Foil wrapped tubes, baggies. Hypodermics and paraphernalia for injections.
Slang terms:	Defies, bennies, speed, crank, ice, crystal, white crosses, black beauties.

(3) Cocaine - a stimulant.

Common forms:	Cocaine - white crystalline powder. Free-base cocaine (crack) - white granular "rocks."
How used:	Cocaine-usually snorted up the nose through a straw or from a "coke spoon" after being chopped to a fine powder with a razor blade. "Crack" — freebase cocaine — is a processed version which is vaporized in a pipe and inhaled. Either form may also be injected.
Desired effect:	Most commonly sought — after effects are euphoria, stimulation, postponement of fatigue and feelings of personal power. The "high" lasts approximately one hour, with a "down" follow-on period. Psychological and physical dependence to "crack" after one to two uses; dependency to snorted coke takes longer to develop.
Time in body:	Single doses detectable for 12 to 24 hours.
Observable effects:	Dilated pupils. Talkativeness, restlessness. Sniffing, runny nose, irritated or bloody nose. Dramatic mood swings, from "down" to "up" in minutes. Sense of power sometimes manifested in aggressiveness.
Work issues:	Frequent trips "to the restroom" — secluded place. Frequent sick-outs and unexplained absences. Hyper-excitability and overreaction to stimulus. Isolation/withdrawal from friends and activities. Financial problems — borrows, steals and/or sells to support habit. Insomnia, restlessness, lack of sleep.
Material indicators:	Small folded paper envelopes (bindles), plastic bags, small vials used to store drug. Razor blades, mirrors, cut off straws, coke spoons. Small glass pipes, and heat sources used to volatilize crack.
Slang terms:	Coke, snow, toot, crack, blow, happy dust, "C."

(4) Marijuana.

Common forms:	Dried green-brown flowers and leaves of the hemp (cannabis) plant-also as compressed tar-like lumps (hashish) and sometimes as an oil to be spread on cigarettes (hash oil).
How used:	Generally smoked in hand-rolled cigarettes (joints) or a small pipe, sometimes eaten in baked goods or steeped to make a tea.
Desired effects:	Effects are somewhat dependent on the user and potency of the plant. Low doses tend to produce a dreamy state of relaxation and euphoria with changes in sensory perceptions (usually intensified) and alteration in thought formation and expression. Higher doses intensify these reactions with fragmentation of thought, memory impairment, shortened attention span, and illusions of insight. Marijuana currently sold on the street is 10 times more potent today than in past years.
Time in body:	Marijuana dissolves in body fat cells and is detectable for extended periods of time-up to 7 days for occasional users and 4 weeks or longer for chronic users
Observable effects:	Red, bloodshot, glassy eyes (users often wear dark glasses and use eye drops to combat). Poor muscular control. Rambling, disconnected speech patterns. Euphoria-as laughing out of context. Getting "hung up," i.e., going into the bathroom to comb your hair and coming out two hours later. Distinctive odor in air and/or on clothing.
Work issues:	Lack of attention, vision and auditory changes, and poor muscular control. Inability to respond to emergencies and sudden situational changes. Frequent sick-outs and mis-outs. Lackadaisical "I don't care" attitude about person and work. Chronic health problems for frequent users-persistent cough, fatigue, frequent sickness.
Material indicators:	Baggies of green-brown vegetable matter; rolling papers; small pipes (for marijuana) and very small pipes (for hashish); "roach clips" to hold the burned end of the marijuana cigarette; "roaches" discarded on the floor or in ash trays; distinctive odor of marijuana in the air.
Slang terms:	Dope, grass, reefer, weed, ganja, pot, etc.

(5) Opioids (morphine and codeine)-narcotic depressants.

Common forms:	Street forms are pills, liquids and powders. Morphine is derived from opium. Opium dissolved in alcohol, containing 10% morphine, is legally available in many states as "paregoric." Morphine and codeine are widely used medicinally. Morphine is a naturally occurring alkaloid, and is also found in products containing poppy seeds. Heroin is a semi-synthetic derivative of morphine.
How used:	Opium is usually smoked. Codeine is most commonly taken orally. Heroin and morphine are injected; powders can be snorted; cigarettes can be dipped in paregoric and smoked.
Desired effects:	Most common effects include euphoria, relief from pain, and a feeling of dissociated well-being. Low maintenance doses allow the addict to function on a daily basis. The heroin user experiences a "rush" described as a very pleasurable whole body reaction lasting 5 to 10 minutes, followed by several hours of mental and physical relaxation.
Time in body:	Single doses are usually detectable for 48-72 hours.
Observable effects:	Pinpoint pupils. Sweating, nausea, vomiting in novice users. "Nodding off"-the head drooping toward the chest, then bobbing up. Overly calm, detached facial expression. Confusion, mental dullness and slurred speech. Needle marks over veins.
Work issues:	Increased sick-outs, mis-outs. Lack of interest in work, no attention to detail. Sharing of needles brings a high risk of contracting hepatitis and/or AIDS. High cost of the addiction may lead to borrowing money, stealing and selling (on or off the premises).
Material indicators:	Foil or paper "bindles" for holding the drug. Charred spoons or bottle caps, used to cook the drug. Multiple burned matches used to cook the drug. Needles, syringes, eye droppers used for injection. Balloons or prophylactics used to hold drug. Bloody tissue papers, blood on shirt sleeves.
Slang terms:	Heroin, dope, smack, shit, hard stuff, "H", china, monkey dust, china white, etc.

(6) Phencyclidine (PCP).

Common forms:	Pills, liquid, powder, and PCP cigarettes.
How used:	Usually smoked with tobacco or marijuana, but may be injected, swallowed, eaten or snorted.
Desired effects:	Users report desirable feelings of immobility, numbness, and detachment. Other sought-after effects include feelings of strength, power, and invulnerability, a dream-like detachment from reality (often coupled with lack of coordination).
Time in body:	Usually detectable for 1 to 8 days, but chronic users may test positive for several weeks following the last dose.
Observable effects:	Low doses: Sedated, euphoric, uncoordinated behavior. Wide mood swings. Sparse and purposeless speech. Muscle rigidity and jerky eye movements (nystagmus).
	High doses: Coma-like states with muscle rigidity and staring, half-closed eyes. Sudden stimuli may send the user into a psychotic state, with extreme agitation, violent behavior, abnormal strength, and inability to speak or comprehend.
Work issues:	Wide mood swings, unpredictable behavior, aggressive. Tremendous liability in the workforce.
Material indicators:	Cigarettes that look as if they have been wet. Crystals, liquids or powders in small vials. Folded aluminum foil or paper packets.
Slang terms:	PCP, angel dust, hog, dust, DOA, shermans, sherms, peace pills, dummy, etc.

C. Substance abuse professionals.

NATIONAL RESOURCES
A2Z Alcohol & Drug Abuse-Addiction	1-800-274-2042
A1-Anon/Alateen Family Group Headquarters	1-800-356-9996
Alcoholics Anonymous World Service	1-212-870-3400
American Council on Alcoholism Helpline	1-800-527-5344
800 Cocaine — An Information and Referral Hotline	1-800-262-2463
Nar-Anon Family Group Headquarters	1-310-547-5800
Narcotics Anonymous	1-818-773-9999
National Association of Alcoholism (NAADAC) www.naadac.org	1-800-548-0497
Fax:	1-800-377-1136
National Association of Addiction Treatment Professionals www.naatp.org	1-717-581-1901
National Council on Alcoholism and Drug Dependence, Inc. www.ncadd.org	1-212-269-7797
Hope Line (24-hour affiliate referral)	1-800-NCA-CALL
Center for Substance Abuse Prevention's Workplace Hotline 1-800-WORKPLACE
National Clearinghouse for Alcohol & Drug Information	1-800-729-6686
Center for Substance Abuse Prevention's Drug Information, Treatment & referral Hotline	1-800-662-HELP
(Spanish-Espanol)	1-800-66-AYUDA

EMPLOYEE ASSISTANCE PROGRAM

Intervention Strategies

[phone]

[1] Editor's Note: Appendix A is on file in the Borough offices.

§ 52-64 Nepotism.

[Amended 4-10-2012 by Ord. No. 1-12]

The Mayor and Council members of the Borough of Maywood declare that an antinepotism policy should be enacted. This policy is not for the purpose of depriving any citizen of an equal chance for government employment but is solely to eliminate the potential for preferential treatment of relatives of government personnel.

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

CONTRACTORS

Contractors, independent contractors, sub-contractors; vendors, professionals appointed pursuant to the fair and open process or the non-fair and open process or person, persons or business working for the Borough whose employment is limited in scope or duration to a specific project with the Borough and subject to either a bid proposal or a solicitation of quotes. (Examples would include, but not be limited to; road projects; construction projects; projects.) Employment with contractors shall be considered, for the purpose of this section, as employment with the Borough.

ELECTED OFFICIAL

Persons holding the position of either Mayor or Council member of the Borough of Maywood.

FAMILY MEMBER or RELATIVE

Refers to: spouse; child; parent; sibling; grandparent; grandchild; father-in-law; mother-in-law; brother-in-law; sister-in-law; stepfather; stepmother; stepsibling; half-brother; half-sister; nephew; niece; first cousins; aunt; uncle; foster children; domestic partner or cohabitants as defined by the New Jersey Civil Union Act.[1]

SUPERVISOR

Any employee of the Borough of Maywood having supervisory duties and powers over another employee or employees within the respective Department of the Borough.

TEMPORARY AND SEASONAL EMPLOYMENT

Employment that is utilized to address short-term needs of the Borough. Such employees are not to be considered full-time employees of the Borough. Such employment is temporary in nature to address the needs of the season and/or of specific short-term endeavors (less than six months).

[1] Editor's Note: See N.J.S.A. 37:1-28 et seq.

B. Hiring and supervision of employees.

(1) No person who is a relative or family member of any elected official of the Borough shall be considered for employment as an employee of the Borough. This applies to full-time and part-time employment. This shall not restrict nor prohibit the continued employment of individuals to a position or positions with the Borough where a relative of a permanent employee is elected after the date of the permanent employee's start date of employment with the Borough.

(2) No elected official can serve as liaison to any department that employs any member of that elected official's family.

(3) No municipal employee shall be in a position that provides supervision over a member of his or her family. This precludes the acceptance of applications for full-time and part-time employment from relatives for positions in the same department where supervision conflicts exist or through promotion, potential conflict could exist. This policy does not apply to present employees of the Borough.

(4) These policies are not for the purpose of depriving any citizen of an equal chance for a government job, but solely to eliminate the potential for preferential treatment of the relatives of government personnel or elected officials. These policies will not deprive any permanent employee as of the date of these policies of any promotional right in the normal career development nor change the existing status of any permanent employee. None of these policies apply to any unpaid volunteer positions or to any temporary or seasonal employee.

C. Promotion of existing employees. No elected official or supervisor may participate in the promotion process, or any other personnel matter, of any existing municipal employee who is a relative or family member of such elected official or supervisor.

D. Appointments. No relative or family member of an elected official shall be appointed to the position of any municipal professional who receives compensation or to any board or commission which has more than an advisory role and/or one in which the members receive compensation.

§ 52-65 Acts of violence, theft and other violations of law.

A. No act of violence against a fellow employee or other individual by an employee will be tolerated by the Borough of Maywood except in self defense or defense of others when confronted by physical force likely to result in death or serious bodily injury. An act of violence will constitute grounds for dismissal of the employee perpetrating the act.

B. Documented and proven theft of Borough of Maywood property and/or property of others by an employee will not be tolerated by the Borough of Maywood. Such action will constitute grounds for dismissal of the employee involved.

C. Convictions for violations of law by an employee of the Borough of Maywood may be the subject of disciplinary action, suspension and termination of the employee.

§ 52-66 Appearance.

Borough of Maywood employees are required to present themselves in a neat and orderly business manner and to dress appropriately for the work they perform. Those employees provided an allowance for purchase of work uniforms, clothing or garb must wear the uniform, clothing or garb during hours of employment with the Borough.

§ 52-67 Safety policy.

[Amended 3-27-2024 by Ord. No. 4-24]

A. Employee safety and health are of major concern to the Borough of Maywood. It is essential that duties be performed in a safe and injury-free manner for the protection and welfare of all employees.

B. The Borough of Maywood will maintain conditions and enforce requirements in accordance with the safety provisions of both the New Jersey Department of Health and the New Jersey Department of Labor, as well as the Public Employees Occupational Safety and Health Act ("PEOSHA").[1]

[1] Editor's Note: See N.J.S.A. 34:6A-25 et. seq.

C. Consistent with this policy, employees will receive periodic safety training and will be provided with appropriate safety equipment. Employees are responsible for observing safety rules and using available safety devices, including personal protective equipment. Failure to do so constitutes grounds for disciplinary action.

D. Any occupational or unsafe public condition, practice, procedure or act must be immediately reported to the supervisor or department head. Any on-the-job accident or accident involving the Borough's facilities, equipment, or motor vehicles must also be immediately reported to the supervisor or department head and the Chief Administrative Officer. Failure to do so constitutes grounds for disciplinary action. Employees are encouraged to discuss safety concerns with supervisory personnel.

§ 52-68 Use of municipal equipment; use of municipal vehicles.

[Amended 4-14-1998 by Ord. No. 5-98; 1-26-2021 by Ord. No. 2-21; 3-27-2024 by Ord. No. 4-24]

A. Employees and/or volunteers are responsible for taking care of any equipment assigned to them. Employees and/or volunteers of the Borough of Maywood shall not remove or in any way assist in the removal of supplies, materials, goods, equipment or other property belonging to the Borough from its offices, unless such removal has been authorized by the Borough Administrator.

B. Employees and/or volunteers are not to use equipment, supplies, goods, property, postage, or any other material or services of the Borough for personal use.

C. Unauthorized use or removal of municipal equipment, supplies, goods, property, etc., shall be cause for loss of equipment use privileges, disciplinary action and/or removal from employment.

D. Use of municipal vehicles.

(1) Driving privileges and licensure. The use of a municipal vehicle by an employee is subject to the approval and discretion of the Chief Administrative Officer. Any employee operating a municipal vehicle must have, in his or her possession, a valid driver's license issued by a state regulatory body within the United States. Licenses issued by any territory or possession of the United States, the District of Columbia, or any international agency (including any province of the Dominion of Canada) must be expressly approved by the Borough's insurance carrier before an employee will be permitted to operate a municipal vehicle.

(a) Employees are required to file a copy of a valid driver's license with the Borough prior to the use of a municipal vehicle.

[1] Upon request, an employee must provide a copy of their driver's license or other required documents within 24 hours of said request.

[2] Employees shall inform the Borough within 24 hours of any changes in the status of their driving privileges.

[3] Failure to comply with the requirements of this section will result in an immediate suspension of an employee's privilege to operate a municipal vehicle and may also result in the denial of indemnification and/or defense by the Borough to the employee in any civil or criminal matter brought in any court arising from the use of a municipal vehicle while said employee's driving privileges were suspended or revoked.

(b) The Borough reserves the right to obtain a driving abstract record from the New Jersey Motor Vehicle Service Commission or other regulatory and law enforcement agencies.

[1] The Borough reserves the right to suspend an employee's municipal driving privileges if the Borough deems necessary based on the employee's driving record.

[2] The Borough shall utilize information obtained pursuant to this section only for the purposes of furthering the objectives of this policy and for no other reason, and will not reveal personal or other information contained in an employee's driving abstract record to any party except where required by applicable law.

(c) The Borough may occasionally offer safe driving courses and reserves the right to compel employee attendance at such courses.

(d) If requested by the Chief Administrative Officer or human resources official, the employee must agree to consent to a simulated road test to determine his/her fitness to safely operate a vehicle.

(e) In the event that the employee is under the influence of any medication (prescribed or over-the-counter) that might impair his/her ability to safely operate a vehicle, he/she must refrain from driving until he/she notifies the Borough and await clearance to resume driving.

(2) Official use only.

(a) Municipal vehicles are to be used only for official business of the Borough. Personal use of municipal vehicles is prohibited and shall be cause for the loss of vehicle privileges, disciplinary action and/or removal from employment.

(b) Only authorized municipal personnel or persons conducting business with the Borough may be transported in municipal vehicles.

(c) Unassigned municipal vehicles may only be used within the Borough and within any contiguous municipality for which there exists a Mayor and Council approved mutual aid agreement.

(d) Permanently assigned vehicles, including those vehicles assigned to the Fire Department command personnel, may be driven to and from the assignee's home and regular place of business as long as such business is within the State of New Jersey. The vehicle may not be used in the course of the assignee's regular business. The use of a municipal vehicle for driving to and from work is voluntary and does not entitle the employee to compensation or pay while engaged in that activity.

(e) An employee storing the vehicle at his residence must provide safe parking for the vehicle at all times.

(f) Except as stated in Subsection D(2)(d) above, permanently assigned vehicles should only be used for official business within the Borough and within any contiguous municipality for which there exists a Mayor and Council approved mutual aid agreement. Only officials of the Borough, members of the Fire Department and those having official business with the Borough may travel within these vehicles. Transporting of the immediate family members of the assignee in the vehicle is permitted on a limited basis and may only occur within the Borough and contiguous mutual aid zone. Transporting of guests in the vehicle is permitted when the vehicle is taking part in a Mayor and Council sanctioned special event/parade within the Borough and contiguous mutual aid zone.

(g) Any person utilizing a municipal vehicle or a permanently assigned municipal vehicle wishing to use such vehicles to attend to official business, including attending training or other special events, outside of the Borough/contiguous mutual aid zone must submit in writing (e-mail acceptable) a request to use the vehicle to the Borough Mayor and Council for approval.

(h) In the event of an emergent situation, deviation from this policy shall only be permitted with explicit permission granted by the Mayor, the Borough Administrator, and/or the Borough Councilperson serving as the liaison/Commissioner assigned to the respective Borough department.

(3) General policies and procedures. Employees authorized to use a municipal vehicle for official business must adhere to the policies and procedures set forth in this policy. Failure to comply with the provisions below will result in a loss of privileges:

(a) Drivers must ensure that all required documents (driver's license, ID. badge/card, registration, insurance card) are in their possession while operating the vehicle. Vehicle registration and insurance cards should be kept in a locked compartment of the vehicle when not in use.

(b) Employees assigned exclusive use of a municipal vehicle are responsible for scheduling all repairs and manufacturer-recommended maintenance with the Borough, in order to maintain all manufacturers' warranties (including routine oil changes). Vehicles known to have mechanical problems that would jeopardize the safety and health of employees and/or volunteers and/or others should be immediately taken out of service and brought to the maintenance shop of the Borough for repair. Appropriate department heads should be immediately advised of the non-use of the vehicles involved.

(c) Vehicles are to be kept clean at all times, and should be washed and vacuumed regularly (unless prohibited by the New Jersey Department of Environmental Protection or other similar regulatory body).

(d) No smoking is allowed in municipal vehicles at any time.

(e) In accordance with N.J.S.A. 39:4-97.3 and any other applicable statutes and regulations, the use of hand-held phones or electronic devices (BlackBerry, navigation systems, etc.) while driving municipal vehicles is prohibited. This prohibition includes the sending or reading of e-mails, text messages and other similar communications.

(f) All occupants must wear seat belts at all times when the vehicle is in use and observe all road safety rules and regulations, such as "wipers on, lights on."

(g) Employees are expected to operate vehicles in a safe and courteous manner at all times and are expressly reminded to avoid tailgating or other unsafe practices.

(h) Employees are reminded of the risks inherent from driving while drowsy. In the event that a driver becomes tired while operating a vehicle, they should pull off the road and seek appropriate assistance.

(4) Accidents and incidents. Prior to operation of any municipal vehicle, employees must consult their department head as to the appropriate steps to take if they become involved in an accident (filling out accident reports, obtaining witness names, etc.)

(a) In the event of an incident or accident involving the use of a municipal vehicle, employees must immediately contact their supervisor and/or department head. All required reports and documentation must be submitted to the Chief Administrative Officer within two business days of receipt.

(b) An employee may be required to submit to an alcohol or drug screening test following an accident or incident if there is a reasonable suspicion to believe that the employee's use of drugs or alcohol may have contributed to the cause of the accident or as otherwise required by law or other policy of the Borough.

(5) Citations and violations. Operators of municipal vehicles are expected to follow all laws, regulations and rules proscribed by the Motor Vehicle Commission. Drivers are responsible for paying any moving violation tickets and must notify the Borough of said violations within 48 hours of receipt of said ticket (regardless of the employee's decision to contest such ticket in municipal court). Drivers are responsible for paying all parking tickets incurred. The Borough should be notified of the receipt of a parking ticket within 48 hours of receipt of said ticket.

(6) Delinquent tolls. Drivers are responsible for all "notice of delinquent toll payment violations" (including but not limited to EZ-Pass). Upon having been notified of said violation, either by direct mail or notice from the Borough, an employee shall, within 10 business days of such notice, provide acceptable proof to the Borough that the outstanding toll and any related fees have been paid.

§ 52-69 Use of personal vehicles on Borough business.

A. When an employee has been authorized by a department head or the Borough Administrator to use his/her vehicle on Borough business, said employee shall be reimbursed for vehicle mileage at the rate set by the Internal Revenue Service annually known as the "optional standard mileage rates." Any charges for tolls and parking shall be in addition to the mileage.

[Amended 2-25-2014 by Ord. No. 1-14]

B. Employees shall be reimbursed for mileage following the submission of an expense voucher that details the actual number of miles traveled, the purpose of the trip, and the date. Any toll and parking receipts are to be attached to the voucher.

C. Municipal vehicles are to be used only for official business of the Borough of Maywood. Personal use of municipal vehicles is prohibited and shall be cause for disciplinary action and/or removal from employment. Only authorized municipal personnel or persons conducting business with the Borough may be transported in municipal vehicles. The Borough Administrator may create an exception to this policy.

[Amended 4-14-1998 by Ord. No. 5-98; 5-13-2014 by Ord. No. 4-14]

§ 52-70 Conventions, meetings and conferences.

A. The Borough of Maywood officials and employees can be provided funds which are appropriated and available from the current year budget for conventions, meetings, seminars and conferences in the State of New Jersey. Officials and employees may attend these functions, provided they are provided information which is specific to the operation of the local Borough of Maywood government, subject to the approval of the Borough Administrator or, in the case of the Borough Administrator, the Mayor and Council.

B. All authorized Borough representatives shall be reimbursed for expenses incurred in accordance with “reimbursement of expenses" policy outline in § 52-73 hereof. An expense voucher with supporting documentation must be submitted to the Borough Administrator in order for reimbursement to be made.

[Amended 4-14-1998 by Ord. No. 5-98]

§ 52-71 Job descriptions.

A. It will be the responsibility of the Borough Administrator to ensure all employees of the Borough have a complete and accurate job description of their expected duties made available to them. The Borough Administrator will solicit assistance from the department heads and supervisors in preparation of any job description that describes a new position or a position that presently exists but has not been previously described.

B. A copy of each employee's job description will be provided to the respective employee and also filed in the official personnel folder of the employee.

§ 52-72 Performance evaluation policy.

[Added 3-27-2024 by Ord. No. 4-24]

A. The Borough of Maywood (the "Borough") recognizes that an employee job performance evaluation system is the basis for assisting in employee growth and development. The Borough requires supervisors to conduct performance appraisals to ensure that:

(1) Each employee receives feedback on objectives, accomplishments, strengths, and areas for improvement;

(2) Each employee receives advice from his or her supervisor on ways to improve performance and has the chance to identify with his or her supervisor areas where greater contribution is possible, or where either feels more development would be beneficial; and

(3) Essential information is recorded concerning strengths and weaknesses of all employees in relation to career development, including potential for advancement and suitability for other positions and training.

B. The performance evaluation provides the vehicle for a dialogue between the employee and the supervisor and ensures shared expectations of the requirements for the employee's job and the employee's performance in the job. Accordingly, the Borough will use a performance review/evaluation system for all employees.

C. During performance reviews, supervisors will consider, among others:

(1) Initiative, dependability and effort.

(2) Knowledge of work.

(3) Attitude and willingness.

(4) Quantity and quality of work.

(5) Disciplinary record.

(6) Attendance and tardiness.

D. A copy of an employee performance evaluation shall be maintained in the employee's personnel file.

§ 52-73 Reimbursement of expenses.

All employees must receive authorization from their immediate supervisor to expend cash for Borough supplies, materials, services, attendance at meetings on Borough business, etc. Once authorized, the expenditure of cash by an employee will be reimbursed for legitimate expenses, provided the employee presents a detailed receipt, expense voucher and/or other supporting document.

§ 52-74 Employment references and personnel records.

[Added 4-10-2012 by Ord. No. 4-12; amended 3-27-2024 by Ord. No. 4-24]

A. Employment references.

(1) To ensure that individuals who work for the Borough of Maywood (the "Borough") are well-qualified and have a strong potential to be productive and successful, it is the policy of the Borough to check the employment references of all applicants at the Borough's discretion.

(2) Employees should not, under any circumstances, provide another individual with information regarding a current or former employee. Any employee, including department heads, who receives a request for reference information should forward the request to the human resources official. Generally, unless otherwise required by law, the Borough will only confirm employees' name, title, salary, compensation, dates of service, reason for separation, if applicable, and specific educational or medical qualifications required for employment. The Borough's response to a request for reference information shall be communicated in writing only. The Borough does not honor oral requests for employment references.

(3) A current or former employee may also authorize the Borough to release additional information. Unless otherwise required by law, the Borough will only release additional information if the current or former employee provides authorization, in writing.

B. Confidentiality of personnel records.

(1) The human resources official will ensure that adequate personnel records are maintained for each employee in accordance with applicable federal and state requirements. These records shall include: dates of appointments, transfers, promotions and terminations, job titles, salaries, commendations, complaints, performance evaluations, disciplinary actions, amount of leave accrued and used, a record of the employee's training and other related matters, and attendance records.

(2) A new employee's employment application, letters of reference, reference verification and any other supporting documents will be included in the personnel file. Confidential medical records are maintained in a separate file.

(3) Personnel records, other than name, title, salary, compensation, dates of service, reason for separation, and information on specific educational or medical qualifications required for employment, are confidential and are available only to the employee, an authorized representative of the employee, and the human resources official. Personnel records may also be available to the Chief Administrative Officer, other members of management, the Borough's legal counsel, and members of the governing body on a need-to-know basis in connection with official duties. Additionally, the Borough will make the records available as required by law.

(4) Employees are entitled to review the contents of their personnel folder, except for reference checks and other information provided to the Borough in the hiring process, but may not review the contents of other employees' personnel files. Employees who want to review their own personnel folder should request an appointment with the human resources official. Employees should provide the Borough with at least 24 hours' advance notice of his or her need for an appointment to review his or her personnel file. To protect the integrity of the personnel files, the employee will review the personnel file in the presence of the human resources official or his/her designee. Employees will not be permitted to photocopy the contents of their folder, take personnel folders outside of the human resources office or remove any documents from the folder.

(5) Employees whose duties require access to personnel documents or information must maintain their confidentiality. Violators of this confidentiality will be subject to disciplinary action up to and including termination.

§ 52-75 Americans With Disabilities Act. [1]

[Amended 6-5-2008 by Ord. No. 15-08; 4-10-2012 by Ord. No. 4-12; 12-4-2018 by Ord. No. 12-18; 3-27-2024 by Ord. No. 4-24]

Preamble. In compliance with the Americans with Disabilities Act,[2] the ADA Amendments Act and the New Jersey Law Against Discrimination, as amended by the New Jersey Pregnant Workers Fairness Act (LAD),[3] the Borough does not discriminate based on disability, pregnancy, pregnancy-related medical condition or childbirth. The Borough will endeavor to make every work environment handicap accessible, and all future construction and renovation of facilities will be in accordance with applicable barrier-free federal and state regulations and the Americans with Disabilities Act Accessibility Guidelines, as well as the ADA Amendments Act.

It is the policy of the Borough to comply with all relevant and applicable provisions of the Americans with Disabilities Act, the ADA Amendments Act and LAD. We will not discriminate against any employee or job applicant with respect to any terms, conditions, or privileges of employment on the basis of a known or perceived disability, pregnancy, childbirth, breastfeeding, or pregnancy-related medical condition. We will also make reasonable accommodations to known physical or mental limitations of all employees and applicants with disabilities or pregnant, provided that the individual is otherwise qualified to safely perform the essential functions of the job and also provided that the accommodation does not impose undue hardship on the Borough.

The Borough Administrator shall engage in an interactive dialogue with disabled/pregnant employees and prospective disabled/pregnant employees to identify reasonable accommodations or their respective physician. In the case of an employee breastfeeding her infant child, the accommodation shall include reasonable break time each day to the employee and a suitable room or other location with privacy, other than a toilet stall, in close proximity to the work area for the employee to express breast milk for the child.

All decisions with regard to reasonable accommodation shall be made by the Borough Administrator. Employees who are assigned to a new position as a reasonable accommodation will receive the salary for their new position. The Americans with Disabilities Act does not require the Borough to offer permanent "light duty," relocate essential job functions, or provide personal use items such as eyeglasses, hearing aids, wheelchairs, etc.

Employees should also offer assistance, to the extent possible, to any member of the public who requests or needs an accommodation when visiting Borough facilities. Any questions concerning proper assistance should be directed to the Borough Administrator.

A. The Americans with Disabilities Act became effective for the Borough of Maywood on June 26, 1992, and provides direction to the Borough operations as follows:

(1) Title I: Nondiscrimination in employment practices regarding individuals with disabilities.

(2) Title II: Nondiscrimination regarding the disabled in state and local services.

(3) Title III: Nondiscrimination regarding the disabled in public accommodations and in community facilities.

It is the policy of the Borough of Maywood to follow all provisions and directive of the Americans with Disabilities Act and to be in complete compliance with the Act.

B. No individuals will be discriminated against regarding his or her employment with the Borough of Maywood due specifically and solely to their physical, mental or other disability. However, there may be special conditions which relate to specific duties of certain classifications of employment which will prevent individuals with disabilities from completing successfully all duties of specific positions. These limitations would prevent the employment in the specific position of individuals with specific disabilities as they could not complete all duties the position required.

C. The Americans with Disabilities Act prohibits employment discrimination against qualified individuals with disabilities who meet the skills, experience, education, and other job-related requirements of a position held or desired and who, with or without reasonable accommodations, can perform the essential functions of a job.

D. A disabled individual is one who has a physical or mental impairment that substantially limits major life activities, when there is a record of such disability or the individual is generally regarded to have such a disability.

E. The Borough of Maywood will not discriminate regarding employment practices against any individual by:

(1) Limiting, segregating or classifying a job applicant or employee in a way that adversely affects employment opportunities for the applicant or employee because of his or her disability.

(2) Participating in a contractual or other arrangement or relationship that subjects the Borough's qualified applicant or employee with a disability to discrimination.

(3) Denying employment opportunities to a qualified individual because he/she has a relationship or association with a person with a disability.

(4) Refusing to make reasonable accommodation to the known physical or mental limitations of a qualified applicant or employee with a disability, unless the accommodation would pose an undue hardship on the Borough.

(5) Using qualification standards, employment tests, or other selection criteria that screen out or tend to screen out an individual with a disability unless they are job-related and necessary in work performance for the Borough.

(6) Failing to use employment tests in the most effective manner to measure actual abilities. Tests must accurately reflect the skills, aptitude or other factors being measured and not the impaired sensory, manual, or speaking skills of an employee or applicant with a disability (unless those are the skills the test is designed to measure).

(7) Discriminating against an individual because he/she has opposed an employment practice of the Borough or filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing to enforce provisions of the Americans with Disabilities Act.

F. The Borough may require that specific tasks of a particular position be performed by prospective applicants or employees for job openings. If an applicant or employee cannot clearly perform those duties due to a disability, without the Borough modifying the duties, equipment used, facilities, etc., under "undue hardship" to the Borough, the Borough may disqualify the disabled individual from consideration of employment because of nonperformance of job functions.

G. Qualified individuals with disabilities shall not be discriminated against on the basis of their disability regarding services, programs, activities, etc., provided by the Borough of Maywood.

H. As the facilities owned, leased and operated by the Borough of Maywood are to provide all services, programs, activities, etc., to the general public and are places of "public accommodation," the Borough will provide access to its facilities to qualified individuals with disabilities or shall otherwise provide such services, programs and activities.

I. Contagious or life-threatening illnesses policy:

(1) The Borough of Maywood encourages employees with contagious diseases or life-threatening illnesses to continue their normal pursuits, including work, to the extent allowed by their condition. The Borough of Maywood shall make reasonable accommodations to known physical and mental limitations of all employees, provided that the individual is otherwise qualified to safely perform the essential functions of his/her job, and also provided that the accommodation does not impose an unreasonable hardship on the Borough of Maywood.

(2) The Borough of Maywood will take reasonable precautions to protect such information from inappropriate disclosure, including the following:

(a) Medical information may be disclosed with the prior written informed consent of the person who is the subject of the information.

(b) Information may be disclosed without the prior written consent to qualified individuals for the purpose of conducting management audits, financial audits and program evaluations, but these individuals shall not identify, either directly or indirectly, the person who is the subject of the record in a report or evaluation or otherwise disclose the person's identity in any manner. Information shall not be released to these individuals unless it is vital to the audit or evaluation.

(c) Information may be disclosed to the Department of Health as required by state or federal law.

(3) Managers and other employees have a responsibility to maintain the confidentiality of employee medical information. Anyone inappropriately disclosing such information shall be subject to disciplinary action.

(4) Consistent with the concern for employees with life-threatening illness, the Borough offers the following resources through the human resources official:

(a) Employee education and information on terminal illnesses and specific life-threatening illnesses.

(b) Referral to agencies and organizations which offer supportive services for life-threatening illnesses.

(c) Consultation in assisting employees in efficiently managing health, leave and other benefits. The Borough encourages employees who need these resources to contact the human resources official.

[1] Editor's Note: See 42 U.S.C. § 12101 et seq.

[2] Editor's Note: See 42 U.S.C.A. § 12101 et. seq.

[3] Editor's Note: See N.J.S.A. 10:5-1 et. seq.

§ 52-76 Disability discrimination grievance procedure.

[Added 4-14-1998 by Ord. No. 5-98]

A. Definitions. The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

ADA

The Americans with Disabilities Act, 42 U.S.C.A. 2 12101 et seq.

AGENCY

The Borough of Maywood.

DESIGNATED DECISION MAKER

The Mayor and Council of the Borough of Maywood or its designee.

B. Purpose.

(1) This section is adopted by the Borough in satisfaction of the requirements of the ADA and regulations promulgated pursuant thereto, 28 C.F.R. § 35.107.

(2) The purpose of this section is to establish a designated coordinator whose duties shall include assuring that the Borough complies with and carries out its responsibilities under the ADA. Those duties shall also include the investigation of any complaint filed with the Borough.

C. Required ADA notice. In addition to any other advice, assistance or accommodation provided, a copy of the following notice shall be given to anyone who inquires regarding the Borough's compliance with the ADA or the availability of accommodation that would allow a qualified individual with a disability to receive services or participate in a program or activity provided by the agency:

NOTICE OF ADA PROCEDURE

The Borough of Maywood has adopted an internal grievance procedure providing for prompt and equitable resolution of grievances alleging any action prohibited by the U.S. Department of Justice regulations implementing Title 11 of the Americans with Disabilities Act. Title 11 states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from participation in, be denied the benefits of or be subjected to discrimination" in programs or activities sponsored by a public entity.

The internal grievance procedure can be found in the Borough Code, § 52-97. Grievances should be addressed to the Borough's designated ADA Coordinator, who has been designated to coordinate ADA compliance efforts, at the following address:

Borough Administrator

A.D.A. Coordinator

Borough of Maywood

459 Maywood Avenue

Maywood, New Jersey

(1) A grievance may be filed in writing or orally, but should contain the name and address of the person filing it and briefly describe the alleged violation. A form for this purpose is available from the designated ADA Coordinator. In cases of employment-related grievances, the procedures established by the Borough's Administrative Code will be followed where applicable.

(2) A grievance should be filed promptly within 30 days after the grievant becomes aware of the alleged violation. (Processing of allegations of discrimination that occurred before this grievance procedure was in place will be considered on a case-by-case basis.)

(3) An investigation, as may be appropriate, will follow the filing of a grievance. The investigation will be conducted by the designated ADA Coordinator. The ordinance contemplates informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a grievance.

(4) In most cases a written determination as to the validity of the grievance and a description of the resolution, if any, will be issued by the designated decision maker and a copy forwarded to the grievant no later than 45 days after its filing.

(5) The ADA Coordinator will maintain the files and records of the Borough relating to the grievances filed.

(6) The right of a person to a prompt and equitable resolution of the grievance filed hereunder will not be impaired by the person's pursuit of other remedies such as the filing of an ADA grievance with the responsible federal department or agency or the New Jersey Division on Civil Rights. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.

(7) This section will be construed to protect the substantive rights of interested persons, to meet appropriate due process standards, and to assure that the agency complies with the ADA and implementing federal rules.

D. Designated ADA Coordinator.

(1) The designated coordinator of ADA compliance and complaint investigation for the Borough is:

Borough Administrator

A.D.A. Coordinator

Borough of Maywood

459 Maywood Avenue

Maywood, New Jersey

(2) All inquiries regarding the Borough's compliance with the ADA and the availability of any accommodation that would allow a qualified individual with a disability to receive services or participate in a program or activity provided by the Borough should be directed to the designated coordinator identified in Subsection D(1) above.

(3) All grievances alleging that the Borough has failed to comply with or has acted in a way that is prohibited by the ADA should be directed to the designated ADA Coordinator identified in this section, in accordance with the procedures set forth in Subsections E to H of this section.

E. Grievance procedure. A grievance alleging that the Borough has failed to comply with the ADA or has acted in a way that is prohibited by the ADA shall be submitted either in writing or orally to the designated ADA Coordinator within 30 days of the grievant becoming aware of the alleged violation. A grievance alleging employment discrimination will be processed pursuant to the Borough's Administrative Code, to the extent applicable.

F. Grievance contents.

(1) A grievance submitted pursuant to this section may be submitted in or on the form set forth at § 52-97G.

(2) A grievance submitted pursuant to this section shall include the following information:

(a) The name of the grievant and/or any alternate contact person designated by the grievant to receive communication or provide information for the grievant;

(b) The address and telephone number of the grievant or alternate contact person; and

(c) A description of the manner in which the grievant alleges that ADA has not been complied with or has been violated, including times and locations of events and names of witnesses, if appropriate.

G. Grievance form. The following form may be utilized for the submission of a grievance pursuant to this section:

Americans with Disabilities Act Grievance Form

Date:

Name of grievant:

Address of grievant:

Telephone number of grievant:

Name, address and telephone number of alternate contact person:

Where are you alleged to have been denied access?

Department:

Bureau or office:

Location:

Incident or barrier:

Please describe the particular way in which you believe you have been denied the benefits of any service, program, or activity or have otherwise been subject to discrimination. Please specify dates, times and places of incidents, and names and/or positions of Borough employees involved, if any, as well as names, addresses, and telephone numbers of any witnesses to any such incident. Attach additional pages if necessary.

Proposed access or accommodation:

If you wish, describe the way in which you feel access may be had to the benefits described above, or that accommodation could be provided to allow access.

A copy of the above form may be obtained by contacting the designated ADA Coordinator.

H. Investigation.

(1) Upon receipt of a grievance submitted pursuant to this section, the designated ADA Coordinator will notify the grievant of the receipt of the grievance and the initiation of an investigation into the matter. The designated ADA Coordinator will also indicate a date by which it is expected that the investigation will be completed, which date shall not be later than 45 days from the date of receipt of the grievance, if practicable or unless a later date is agreed to by the grievant.

(2) Upon completion of the investigation, the designated ADA Coordinator shall prepare a report for review by the designated decision maker for the Borough. The designated decision maker shall render a written decision within 45 days of receipt of the grievance, if practicable or unless a later date is agreed to by the grievant, which decision shall be transmitted to the grievant and/or the alternate contact person if so designated by the grievant.

§ 52-77 Whistleblower policy.

[Added 4-14-1998 by Ord. No. 5-98; amended 3-27-2024 by Ord. No. 4-24]

A. As a matter of policy, the Borough of Maywood (the "Borough") abides by all federal, state, and local laws, rules, and regulations applicable to it and has all its employees do the same. Every employee is responsible for assisting the Borough to implement this policy.

B. In the ordinary course, a violation of this policy should be reported to an employee's department head in writing, signed by the employee. If that is not practical or if that action is taken but does not prevent or correct the perceived violations, the employee is to deliver a written statement, signed and dated, to the designated human resources official. The written statement should detail the specific information the employee possesses so that the Borough may undertake an investigation.

C. The Borough or any of its employees will not retaliate against any employee who makes a good faith report pursuant to this policy, even if an investigation reveals that no violation occurred. More specifically, neither the Borough nor any of its employees will take any retaliatory action or tolerate any reprisal against an employee who:

(1) Discloses, or threatens to disclose, to a supervisor or to 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 issued under the law, or, in the case of an employee who is a licensed or certified healthcare professional, reasonably believes constitutes improper quality of patient care;

(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 issued under the law by the Borough or another employer, with whom there is a business relationship, or, in the case of an employee who is a licensed or certified healthcare professional, provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into quality of patient care;

(3) Provides information involving deception of, or misrepresentation to, any shareholder, investor, client, patient, customer, employee, former employee, retiree or pensioner of the employer or any government entity;

(4) Provides information regarding any perceived criminal or fraudulent activity, policy or practice of deception or misrepresentation which the employee reasonably believes may defraud any shareholder, investor, client, patient, customer, employee, former employee, retiree or pensioner of the Borough or any governmental entity;

(5) Objects to, or refuses to participate in, any activity, policy or practice which the employee reasonably believes: 1) is in violation of a law, or a rule or regulation issued under the law or, if the employee is a licensed or certified healthcare professional, constitutes improper quality of patient care; 2) is fraudulent or criminal; or 3) is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment. See N.J.S.A. 34:19-3.

D. Disclosure to the Borough first, however, is not required where 1) the employee is reasonably certain that the violation is known to one or more officials; 2) where the employee reasonably fears physical harm; or 3) the situation is emergent in nature. The employee must give the Borough a reasonable opportunity to correct the activity, policy or practice. It is the Borough's responsibility to correct or prevent such violations. This is a legal obligation and a practical necessity. A violation can taint the credibility of the Borough and cause the Borough and its employees to be subjected to adverse publicity leading to public distrust.

E. This policy is important to the Borough. Each employee should seek to resolve any problem within Borough channels before reporting it to any outside person or entity.

§ 52-78 Policy to prevent workplace violence.

[Added 10-24-2000 by Ord. No. 16-00; amended 3-27-2024 by Ord. No. 4-24]

A. The Borough has adopted this Zero Tolerance Policy for workplace violence because it recognizes that workplace violence is a growing problem nationally that needs to be addressed by all employers. Consistent with this policy, acts or threats of physical violence, including intimidation, harassment, and/or coercion which involve or affect the Borough, its employees or which occur on the Borough's property will not be tolerated.

B. Threats or acts of violence defined. "Threats or acts of violence" include conduct against persons or property that is sufficiently severe, offensive, or intimidating to alter the employment conditions with the Borough, or to create a hostile, abusive, or intimidating work environment for one or more employees.

C. Examples of workplace violence. General examples of prohibited workplace violence include, but are not limited to, the following:

(1) All threats or acts of violence occurring on Borough property, regardless of the relationship between the Borough and the parties involved in the incident.

(2) All threats or acts of violence not occurring on Borough property but involving someone who is acting in the capacity of a representative of the Borough.

(3) All threats and acts of violence not occurring on Borough property involving an employee of the Borough if the threats or acts of violence affect the legitimate interest of the Borough.

(4) Any threats or acts resulting in the conviction of an employee or agent of the Borough, or of an individual performing services on the Borough's behalf on a contract or temporary basis, under any criminal code provision relating to threats or acts of violence that adversely affect the legitimate interests and goals of the Borough.

D. Specific examples of prohibited conduct.

(1) Specific examples of conduct which may be considered "threats or acts of violence" prohibited under this policy include, but are not limited to:

(a) Hitting, fighting, pushing, or shoving an individual or throwing objects;

(b) Threatening to harm an individual or his/her family, friends, associates, or their property;

(c) The intentional destruction or threat of destruction of property owned, operated, or controlled by the Borough;

(d) Making harassing or threatening telephone calls, letters or other forms of written or electronic communications;

(e) Intimidating or attempting to coerce an employee to do wrongful acts that would affect the business interests of the Borough;

(f) Harassing surveillance, also known as "stalking," the willful, malicious and repeated following of another person and making a credible threat with intent to place the other person in reasonable fear of his or her safety;

(g) Making a suggestion or otherwise intimating that an act to injure persons or property is "appropriate," without regard to the location where such suggestion or intimation occurs;

(h) Unauthorized possession or inappropriate use of firearms, weapons, or any other dangerous devices on Borough property.

(2) While employees of the Borough may be required as a condition of their work assignment to possess firearms, weapons or other dangerous devices, or permitted to carry them as authorized by law, employees are to use them only in accordance with departmental operating procedures and all applicable state and federal laws.

E. Application of prohibition. The Borough's prohibition against threats and acts of violence applies to all persons involved in the Borough's operation, including but not limited to Borough personnel, volunteer, contract and temporary workers, and anyone else on Borough property. Violation of this policy by any individual on Borough property, by any individual acting as a representative of the Borough while not on Borough property, or any individual acting off of the Borough property when his or her actions affect the public interest or the Borough's business interests will be followed by legal action, as appropriate. Violation by an employee of any provision of this policy may lead to disciplinary action up to and including termination.

F. Warning signs, symptoms and risk factors.

(1) The following are examples of warning signs, symptoms, and risk factors which MAY indicate an employee's potential for workplace violence:

(a) Dropping hints about a knowledge of firearms;

(b) Making intimidating statements like: "You know what happened at the post office," "I'll get even," or "You haven't heard the last from me";

(c) Possessing reading material with themes of violence, revenge and harassment;

(d) Physical signs of hard breathing, reddening of complexion, menacing stare, loudness, fast, profane speech;

(e) Acting out, either verbally or physically;

(f) Disgruntled employee or ex-employee who is excessively bitter;

(g) Being a loner;

(h) Having a romantic obsession with a co-worker who does not share that interest;

(i) History of interpersonal conflict;

(j) Intense anger, lack of empathy;

(k) Domestic problems, unstable/dysfunctional family;

(l) Brooding, depressed, strange behavior, "time bomb ready to go off."

(2) Supervisors should be alerted to and aware of these indicators. If an employee exhibits such behavior, the employee should be monitored and such behavior should be documented.

G. Procedures for dealing with acts of workplace violence.

(1) When a violent act occurs in the workplace: If a violent act or altercation constitutes an emergency, call 9-1-1 or the local Police Department. In instances that are not emergency situations, contact your department head or the designated human resources official. If possible, separate the parties involved in the violent altercation. If the parties cannot be separated, or if it would be too dangerous for the employee to separate the parties, call 9-1-1 or the local Police Department, and contact your department head or the designated human resources official. The department head will contact the designated human resource officer, who will take responsibility for coordinating a response to the incident.

(2) In instances that involve criminal situations, the designated human resources official will contact the appropriate local Police Department for assessment, and if necessary, a criminal investigation.

H. Employee reporting obligations and procedure.

(1) Each employee and every person on Borough property is encouraged to report incidents or threats or acts of physical violence of which he or she is aware. In cases where the reporting individual is not an employee, the report should be made to the local Police Department. In cases where the reporting individual is an employee, the report should be made to the employee's department head or the designated human resources official. Each department head shall promptly refer any such incident to the designated human resources official.

(2) The Borough will promptly and thoroughly investigate all reports of threats of (or actual) violence and/or suspicious individuals or activities. Any individual determined to be responsible for conduct in violation of this policy will be subjected to disciplinary action up to and including termination of employment, arrest and prosecution.

(3) Nothing in the policy alters any other reporting obligation established in the Borough's policies or in state, federal or other applicable law.

I. Confidentiality and retaliation. This policy prohibits retaliation against any employee who, in good faith, reports a violation of this policy. Every effort, to the extent practicable, will be made to protect the safety and identity of anyone who comes forward with concerns about a threat or act of violence. Employees shall refer any questions regarding his or her rights and obligations under the policy to the designated human resources official.

§ 52-79 Antidiscrimination policy. [1]

[Added 12-4-2018 by Ord. No. 12-18]

The Borough of Maywood is committed to the principle of equal employment opportunity and anti-discrimination pursuant to Title VII of the 1964 Civil Rights Act, as amended by the Equal Opportunity Act of 1972,[2] and the New Jersey Law Against Discrimination, as amended by the New Jersey Pregnant Worker's Fairness Act (LAD).[3] Under no circumstances will the Borough discriminate on the basis of sex, race, creed, color, religion, national origin, ancestry, age, marital or political status, affectional or sexual orientation, domestic partnership status, civil union status, atypical heredity, cellular or blood trait, genetic information, disability (including AIDS or HIV infection), pregnancy (including pregnancy-related medical condition), childbirth, breastfeeding, liability for service in the United States Armed Forces, gender identity or expression, and/or any other characteristic protected by law. Decisions regarding the hiring, promotion, transfer, demotion or termination are based solely on the qualifications and performance of the employee or prospective employee. If any employee or prospective employee feels they have been treated unfairly, they have the right to address their concern with their supervisor, or, if they prefer, their department head, the Borough Administrator or the Borough Attorney or the Borough's Employment Attorney.

[1] Editor’s Note: Former § 52-79, Emergency services stipend, added 10-13-2005 by Ord. No. 19-05, was repealed 6-16-2011 by Ord. No. 5-11.

[2] Editor's Note: See 42 U.S.C. § 2000e et seq.

[3] Editor's Note: See N.J.S.A. 10:5-1 et seq.

§ 52-79.1 Conflict of interest policy.

[Added 6-5-2008 by Ord. No. 15-08]

A. Employees, including Borough officials, must conduct business according to the highest ethical standards of public service. Employees are expected to devote their best efforts to the interests of the Borough. Violations of this policy will result in appropriate discipline, including termination.

B. The Borough recognizes the right of employees to engage in outside activities that are private in nature and unrelated to Borough business. However, business dealings that appear to create a conflict between the employee and the Borough's interests are unlawful under the New Jersey Local Government Ethics Act.[1] Under the Act, certain employees and officials are required to annually file with the Borough Clerk a state-mandated disclosure form. The Borough Clerk will notify employees and Borough officials subject to the filing requirements of the Act.

[1] Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.

C. A potential or actual conflict of interest occurs whenever an employee, including a Borough official, is in a position to influence a Borough decision that may result in a personal gain for the employee or an immediate relative, including a spouse or significant other, child, parent, stepchild, sibling, grandparents, daughter-in-law, son-in-law, grandchildren, niece, nephew, uncle, aunt or any person related by blood or marriage residing in an employee's household. Employees are required to disclose possible conflicts so that the Borough may assess and prevent potential conflicts. If there are any questions whether an action or proposed course of conduct would create a conflict of interest, immediately contact the Borough Administrator or the Borough Attorney to obtain clarification.

D. Any employee who holds an interest in, or is employed by, any business doing business with the Borough must submit a written notice of these outside interests to the (CEO Title).

§ 52-79.2 Driver's license policy.

[Added 6-5-2008 by Ord. No. 15-08]

A. Any employee whose work requires the operation of Borough vehicles must hold a valid New Jersey State driver's license.

B. All new employees who will be assigned work entailing the operating of a Borough vehicle will be required to submit to a Department of Motor Vehicles driving records check as a condition of employment. A report indicating a suspended or revoked license status may be cause to deny or terminate employment.

C. Periodic checks of employees' drivers' licenses through visual and formal Department of Motor Vehicles review checks shall be made by supervisors. Any employee who does not hold a valid driver's license will not be allowed to operate a Borough vehicle until such time as a valid license is obtained.

D. Any employee performing work which requires the operation of a Borough vehicle must notify the immediate supervisor in those cases where a license is expired, suspended or revoked and/or who is unable to obtain an occupational permit from the State Department of Licensing. An employee who fails to report such an instance is subject to disciplinary action, including demotion or termination. An employee who fails to immediately report such revocation or suspension to his/her supervisor and continues to operate a Borough vehicle shall be subject to possible termination.

E. Any information obtained by the Borough in accordance with this section shall be used by the Borough only for carrying out its lawful functions and for other lawful purposes in accordance with the Driver's Privacy Protection Act (18 U.S.C. § 2721 et seq.).

§ 52-79.3 No-smoking policy.

[Added 6-5-2008 by Ord. No. 15-08]

The New Jersey Legislature has declared that in all governmental buildings the rights of nonsmokers to breathe clean air supersedes the rights of smokers. In accordance with state law, the Borough has adopted a smoke-free policy for all buildings. Borough facilities shall be smoke free and no employee or visitor will be permitted to smoke anywhere in Borough buildings. Employees are permitted to smoke only outside Borough buildings and such locations as not to allow the reentry of smoke into building entrances. Smoking inside vehicles owned by the Borough and near equipment that may be sensitive to smoke is also prohibited. This policy shall be strictly enforced, and any employee found in violation will be subject to disciplinary action.

§ 52-79.4 Communication and social media policy.

[Added 6-5-2008 by Ord. No. 15-08; amended 4-10-2012 by Ord. No. 4-12; 5-13-2014 by Ord. No. 4-14; 7-12-2016 by Ord. No. 15-16; 12-4-2018 by Ord. No. 12-18]

A. The Borough's communication media are the property of the Borough and, as such, are to be used for legitimate business purposes only. For purposes of this communication media policy, "communication media" includes all electronic media forms provided by the Borough, such as cell phones, smartphones, computers, electronic tablets, access to the Internet, voicemail, e-mail, and fax. Employees are restricted from accessing or using the company's communication media for personal purposes during company time on company equipment without prior authorization from the Administration to do so.

B. All data stored on and/or transmitted through communication media is the property of the Borough. For purposes of this policy, "data" includes "electronically stored files, programs, tables, databases, audio and video objects, spreadsheets, reports and printed or microfiche materials which serve a Borough business purpose, regardless of who creates, processes or maintains the data, or whether the data is processed manually or through any of the Borough's mainframe, midrange or workstations; servers, routers, gateways, bridges, hubs, switches and other hardware components of the Borough's local or wide-area networks."

C. The Borough respects the individual privacy of its employees. However, employee communications transmitted by the Borough's communication media are not private to the individual. All communication media and all communications and stored information transmitted, received, or contained in or through such media may be monitored by the Borough. The Borough reserves the absolute right to access, review, audit and disclose all matters entered into, sent over, or placed in storage in the Borough's communication media. By using the Borough's equipment and/or communication media, employees consent to have such use monitored at any time, with or without notice, by Borough personnel. The existence of passwords does not restrict or eliminate the Borough's ability or right to access electronic communications. However, pursuant to New Jersey law, the Borough cannot require the employee to provide the password(s) to his/her personal account(s).

D. All e-mail, voicemail and Internet messages (including any technology-based messaging) are official documents subject to the provisions of the Open Public Records Act (N.J.S.A. 47:1A-1). Employees of the Borough are required to use the assigned municipal e-mail account for all Borough business and correspondence. The use of private e-mail accounts for any Borough business or during business hours is strictly prohibited. Employees are hereby advised that if they conduct work-related business on their personal e-mails, cell phones, or other personal communication media, it is also subject to the provisions of the Open Public Records Act. However, nothing in this social media policy prevents employees from using his/her own personal communication media during the employee's nonworking hours to engage or participate in protected concerted activities pursuant to the National Labor Relations Act.[1] Protected concerted activities include when an employee addresses group concerns with the employer; forms, joins or helps a labor organization; initiates, induces or prepares for group action; or speaks on behalf of or represents other employees. Nevertheless, employees are encouraged to resolve workplace grievances internally by discussing issues with their supervisor and/or the Administration and are asked to refrain from posting comments or materials on communication media that can be viewed as malicious, obscene, threatening, intimidating, or that could create a hostile work environment on the basis of race, sex, disability, religion or any other status protected by law if the employee chooses to address their grievances using communication media.

[1] Editor's Note: See 29 U.S.C. § 151 et seq.

E. Employees can only use the Borough's communication media for legitimate business purposes. Employees may not use Borough's communication media in any way that is defamatory, obscene, or harassing or in violation of any Borough rules or policy. Examples of forbidden transmissions or downloads include sexually explicit messages; unwelcome propositions; ethnic or racial slurs; or any other message that can be construed to be harassment or disparaging to others based on their actual or perceived age, race, religion, sex, sexual orientation, gender identity or expression, genetic information, disability, national origin, ethnicity, citizenship, marital status or any other legally recognized protected basis under federal, state or local laws, regulations or ordinances. Further, discriminatory remarks, harassment, bullying, threats of violence and similar behavior that is not tolerated in the workplace are also not acceptable through communication media, whether same is performed on the Borough's equipment or on the employee's own personal communication media.

F. All employees who have been granted access to electronically stored data must use a logon ID assigned by the Borough. Certain data, or applications that process data, may require additional security measures as determined by the Borough. Employees must not share their passwords, and each employee is responsible for all activity that occurs in connection with their passwords.

G. Information security is necessary to protect the Borough's information (data and software) from accidental or intentional unauthorized disclosure, modification, or loss. Information security is managed under guidelines dealing with identification, authentication, authorization, production environment, and ability to audit. All employees should be familiar with such security measures adopted by the Borough.

H. All employees may access only data for which the Borough has given permission. All employees must take appropriate actions to ensure that Borough data is protected from unauthorized access, use or distribution consistent with these policies. Employees may not access or retrieve any information technology resource and store information other than where authorized. All Borough data must be stored centrally as required by the Borough. This provides greater security and ensures backup of all Borough data is performed.

I. Employees must not disable antivirus and other implemented security software for any reason, in order to minimize the risk of introducing computer viruses into the Borough's computing environment.

J. Employees may not install, modify or remove any hardware device, software application, program code, either active or passive, or a portion thereof, without the express written permission from the Borough. Employees may not upload, download, or otherwise transmit commercial software or any copyrighted materials belonging to parties outside of the Borough or licensed to the Borough. Employees shall observe the copyright and licensing restrictions of all software applications and shall not copy software from internal or external sources unless legally authorized. Workstation settings and configurations and network settings must not be modified by unauthorized employees. Internet security settings (where applicable) must not be changed. The foregoing includes but is not limited to the systems network ID (or computer name), IP address, gateway and DNS addresses, etc.

K. Social media and its uses in government and daily life are expanding each year; however, information posted on a website is available to the public; therefore, employees must adhere to the following guidelines for their participation in social media. Only those employees directly authorized by the Administration may engage in social media activity during work time through the use of the Borough's communication media as it directly relates to their work and it is in compliance with this policy.

L. Employees must not reveal or publicize confidential Borough information. Confidential, proprietary or sensitive information may be disseminated only to individuals with a need and a right to know and where there is sufficient assurance that appropriate security of such information will be maintained. Such information includes, but is not limited to, the transmittal of personnel information, such as medical records or related information. In law enforcement operations, confidential, proprietary or sensitive information also includes criminal history information, confidential informant identification, and intelligence and tactical operations files.

M. No Borough employee shall post internal working documents to social media sites. This includes, but is not limited to, screenshots of computer stations, pictures of monitors and/or actual documents themselves without the prior approval of the Borough Administrator. In addition, employees are prohibited from releasing or disclosing any photographs, pictures, digital images of any crime scenes, traffic crashes, arrestees, detainees, people or job-related incident or occurrence taken with the Borough's communication media to any person, entity, business or media or Internet outlet, whether on or off duty, without the express written permission of the Borough Administrator. Except in emergency situations, employees are prohibited from taking digital images or photographs with media equipment not owned by the Borough.

N. For purposes of this section, an "emergency situation" involves a sudden and unforeseen combination of circumstances or the resulting state that calls for immediate action, assistance or relief, and may include accidents, crimes and flights from accidents or crimes and the employee does not have access to the Borough's communication media. If such situation occurs, the employee agrees that any images belong to the Borough and agrees to release the image to the Borough and ensure its permanent deletion from media devices upon direction from the Borough.

O. No media advertisement, electronic bulletin board posting, or any other communication accessible via the Internet about the Borough or on behalf of the Borough, through the use of the Borough's communication media, may be issued unless it has first been approved by the Borough's Administration. Specifically, employees are forbidden from using the Borough's communication media to impersonate the employer; to make statements on behalf of the employer without authorization; and/or to make statements that can be construed as establishing what the employer's official position or policy is on any particular issue. In addition, employees are prohibited from placing or posting on the Internet through the employer's communication media or the employee's own personal media, either during working or nonworking hours, any employer-related confidential, sensitive or other employer information of a proprietary nature, including but not limited to employer records or documents, trade secrets, internal reports, tips based on inside information that may be considered insider trading, screenshots of computer stations, pictures of monitors and/or actual documents of the employer, any photographs, pictures, digital images of any crime scenes, traffic crashes, arrestees, detainees, people or job-related incidents or occurrences.

P. Because (authorized) postings placed on the Internet through use of the Borough's communication media will display on the Borough's return address, any information posted on the Internet must reflect and adhere to all of the Borough's standards and policies.

Q. All users are personally accountable for messages that they originate or forward using the Borough's communication media. Misrepresenting, obscuring, suppressing, or replacing a user's identity on any communication media is prohibited. "Spoofing" (constructing electronic communications so that it appears to be from someone else) without a legitimate authorized purpose and authorized by the Borough Administrator is prohibited.

R. Employees must respect the laws regarding copyrights, trademarks, rights of the public, Borough and other third-party rights. Any use of the Borough's name, logos, service marks or trademarks outside the course of the employee's employment, without the express consent of the Borough, is strictly prohibited. To minimize the risk of a copyright violation, employees should provide references to the source(s) of information used and cite copyrighted works identified in online communications.

S. If employees choose to identify themselves as a Borough employee on their personal social media accounts and even those that do not should be aware that he or she may be viewed as acting on behalf of the Borough; as such, no employee shall knowingly represent themselves as a spokesperson of the Borough, post any comment, text, photo, audio, video or other multimedia file that negatively reflects upon the Borough, expresses views that are detrimental to the Borough's mission or undermine the public trust or is insulting or offensive to other individuals or to the public in regard to religion, sex, race or national origin. Borough employees are encouraged to exercise extreme caution posting photographs of themselves in uniform or in situations where they can be readily identified as Township employees.

T. To the extent that employees use social media outside their employment while engaging in protected concerted activities as defined above, employees will not be subject to discipline or retaliation for expressing views, opinions, and/or facts surrounding the Borough's employment policies. For all other communications by employees on personal social media sites in which matters related to the Borough are discussed, employees must add a disclaimer on the front page stating that the posting does not express the views of the Borough, and that the employees are expressing their own personal views. For example: "The views expressed on this website/web log are mine alone and do not necessarily reflect the views of my employer." The disclaimer must be placed in a prominent position and repeated for each posting that is expressing an opinion related to the Borough or the Borough's business, with the exception of postings and social media communications by employees engaging in protected concerted activities. Employees are advised that if they post information on social media that is in violation of either the terms and conditions of the within social media policy, or in violation of federal, state, or local laws, the disclaimer will not shield them from disciplinary action. However, no retaliation or discipline will result if and when employees are engaging in protected concerted activity and/or choose to report inappropriate social media activities to the Borough Administration.

U. Nothing in these policies is designed to interfere with, restrain, or prevent social media communications by employees engaging in protected concerted activities regarding wages, hours, or other terms and conditions of employment pursuant to the National Labor Relations Act.[2] All Borough employees have the right to engage in or refrain from such activities.

[2] Editor's Note: See 29 U.S.C. § 151 et seq.

V. Use of Internet.

(1) The Borough provides Internet access to its employees in order to make available a vast array of information resources and to allow participation in and access to increasing county and state resources.

(2) Employees must comply with all policies adopted by the Borough, including but not limited to policies regarding prohibition of discrimination and harassment and all applicable federal, state and local laws, including laws governing the transmission and dissemination of information while accessing the Internet.

(3) Employees who are using the Internet may not:

(a) Use the network to make unauthorized entry into other computational, informational or communication services or resources;

(b) Distribute unsolicited advertising;

(c) Invade the privacy of others;

(d) Make any attempt to damage computer equipment or software;

(e) Engage in any activity that is harassing or defamatory;

(f) Use the Internet for any illegal activity, including violation of copyright or other rights of third parties, or in a manner inconsistent with the Township's tax-exempt status or its proper operation; and/or

(g) Download unauthorized software, fonts, templates or scripts.

(4) As stated in the communications policy above, the Borough reserves the right to monitor the employee's Internet usage. In addition, the Borough has the right to restrict access to specific types of prohibited content through the use of a content filtering system.

§ 52-79.5 Bulletin board policy.

[Added 6-5-2008 by Ord. No. 15-08]

The bulletin boards located in the Borough administrative building and other facilities are intended for official notices regarding policies, procedures, meetings and special events. Only personnel authorized by the Borough Administrator may post, remove or alter any notice.

§ 52-79.6 Video surveillance.

[Added 4-12-2016 by Ord. No. 11-16]

A. The Borough may install video surveillance camera systems within public buildings and throughout public areas within the Borough, primarily as visual deterrents of criminal behavior and for the protection of employees and municipal assets. In implementing these video camera systems, the Borough will ensure compliance with federal, state and local laws governing such usage.

B. The Borough's video surveillance camera systems are a significant tool to which the employees of the Borough will avail themselves in order to complete the goals and objectives of the Borough. Employees are only permitted to use the video surveillance camera systems for a legitimate purpose and with proper authorization. The Borough's designee will be responsible for authorization of users. The improper use of these systems can result in discipline up to and including termination.

C. No employee is permitted to view, continually watch, search, copy or otherwise use one of the Borough's video surveillance camera systems or tamper with access, archive, alter, add to, or make copies of any data that has been recorded and stored within any of these systems without (1) a specific legitimate purpose and (2) permission from the designee of the Borough.

D. The Borough shall designate a person to be responsible for the maintenance and administration of the video surveillance camera system. Such designee will be responsible for maintaining a user access log detailing the date and name of individuals who view/access a stored recording.

E. Any employee who becomes aware of any unauthorized disclosure of a video record in a contravention of this policy and/or a potential privacy breach has the responsibility to ensure that Borough Administrator is immediately informed of such breach.

§ 52-79.7 Employee dating policy.

[Added 7-12-2016 by Ord. No. 15-16; amended 9-13-2016 by Ord. No. 17-16]

The Borough recognizes the right of employees to engage in social relationships with each other, including relationships of a romantic or intimate nature. However, the municipality also recognizes that such relationships can be a problem in the workplace. They may result in favoritism, discrimination, unfair treatment, friction among coworkers, or the perception that they generate such problems. To try to achieve a balance between employee rights and workplace needs, the Borough has adopted the following policy on the subject of supervisor/subordinate dating. If such a relationship exists or develops, both parties involved shall report the fact to A) their immediate supervisor, or B) human resources.

A. For the purposes of this policy, a supervisor/subordinate status means a situation where one employee, irrespective of job title [or civil-service classification], makes or has the authority to make decisions or to take action concerning another employee’s compensation, promotion, demotion, discipline, daily tasks, or any other terms, conditions or privileges of employment with the municipality.

B. If the employees involved in the relationship are also in a supervisor/subordinate status, management may take any action which it deems appropriate, up to and including transferring one of the parties so that there is no longer a supervisor/subordinate relationship between them.

C. In addition, management reserves the right to address any workplace issues that may result from that relationship in the manner it deems appropriate.

D. Any employee who violates this policy will be subject to disciplinary action, up to and including discharge. The municipality regards a violation of this policy as particularly serious because such workplace relationships can cause favoritism, discrimination, unfair treatment for other interference with municipal operations.

E. Nothing in this policy alters an employee’s at-will status.

§ 52-79.8 Ethical conduct.

[Added 3-27-2024 by Ord. No. 4-24]

Pursuant to the provisions of the Local Government Ethics Law:[1]

A. No employee or member of his or her immediate family will have an interest in a business organization or engage in any business, transaction or professional activity which is in substantial conflict with the proper discharge of his or her duties in the public interest.

B. No employee should use or attempt to use his or her official position to secure unwarranted privileges or advantages for him or herself or others.

C. No employee should act in his or her official capacity in any matter wherein he or she, a member of his or her immediate family, or a business organization in which he or she has an interest has a direct or indirect personal or financial interest that might reasonably be expected to impair his or her objectivity or independence of judgment.

D. No employee should undertake any employment or service, whether compensated or not, which might reasonably be expected to prejudice his or her independence of judgment in the exercise of his or her official duties.

E. No employee, member of his or her immediate family, or business organization in which he or she has an interest, should solicit or accept any gift, favor, loan, political contribution, service, promise of future employment, or other thing of value based upon an understanding that the gift, favor, loan contribution, service, promise or other thing of value was given or offered for the purpose of influencing him or her directly or indirectly in the discharge of his or her official duties.

F. No employee will use, or allow to be used, his or her public employment, or any information, not generally available to members of the public, which he or she receives or acquires in the course of and by reason of his or her employment, for the purpose of securing financial gain for himself or herself, any member of his or her immediate family, or any business organization with which he or she is associated.

G. No employee or business organization in which he or she has an interest will represent any person or party other than the Borough in connection with any cause, proceeding, application or other matter pending before any agency in the local government in which he or she serves. An employee or members of his or her immediate family may represent himself or herself in proceedings concerning the employee's own interests.

[1] Editor's Note: See N.J.S.A. 40A:9-22.1 et. seq.