The Township is committed to the principle of equal employment opportunity pursuant to Title VII of the 1964 Civil Rights Act as amended by the Equal Opportunity Act of 1972. Under no circumstances will the Township discriminate on the basis of sex, race, creed, color, religion, national origin, ancestry, age, marital or political status, disability, or sexual orientation. 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, Business Administrator or Mayor.
A. 
In compliance with the Americans with Disabilities Act and the New Jersey Law Against Discrimination, the Township does not discriminate based on disability. The Township will endeavor to make every work environment handicap assessable 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.
B. 
The Business Administrator shall initiate an interactive dialogue with disabled employees and prospective employees to identify reasonable accommodations that do not create a hardship. Accommodations include modifications to facilities, equipment and work procedures, auxiliary aides, services and permanent reassignment to vacant positions. Employees who are reassigned to a different position shall receive the salary of their new position. Accommodations shall not be unduly expensive, extensive and disruptive or fundamentally alter the nature of the operation. The Act does not require the Township to offer permanent light duty, relocate essential functions or provide personal use items such as eyeglasses, hearing aids, wheelchairs, etc. To be eligible for accommodations, individuals must (1) be able to perform the essential function of the position, (2) not create a real safety hazard to themselves, co-employees or the public, and (3) be otherwise qualified for the position in that they possess the prerequisites including education, experience, training, skills, licenses or certificates and other job-related requirements. All decisions with respect to accommodations shall be made by the Mayor.
A. 
The Township encourages employees with contagious diseases or life-threatening illnesses such as cancer, heart disease, Hepatitis C and HIV/AIDS to continue their normal pursuits, including work, to the extent allowed by their condition. As in the case of other disabilities, the Township shall make reasonable accommodations in accordance with legal requirements to allow qualified employees with contagious or life-threatening illnesses to perform the essential functions of their jobs as long as they are able to meet acceptable performance standards.
B. 
Medical information shall be treated confidentially. The Township will take reasonable precautions to protect such information from inappropriate disclosure. Managers and other employees have a responsibility to maintain the confidentially of employee medical information. Anyone inappropriately disclosing such information shall be subject to disciplinary action.
C. 
Employees with questions or concerns about contagious or life-threatening illnesses are encouraged to contact the Business Administrator.
The Township will provide a safe and healthy work environment and shall comply with the Public Employees Occupational Safety and Health Act (PEOSHA). The Township is equally concerned about the safety of the public. 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. Any occupational or public unsafe condition, practice, procedure or act must be immediately reported to the supervisor or department head. Any on-the-job accident or accident involving Township facilities, equipment or motor vehicles must also be immediately reported.
A. 
The Township will endeavor to bring employees with temporary disabilities back on the job as soon as possible and may assign transitional duty to employees who temporarily cannot perform the essential functions of their positions because of injury or illness. Transitional duty is not guaranteed and will not exceed 45 workdays. If a department already has one employee on transitional duty, it is unlikely that another employee from that department will be assigned transitional duty.
B. 
An employee requesting transitional duty or the workers' compensation physician shall notify the Business Administrator as soon as the temporarily disabled employee is able to return to work with restrictions. Transitional duty will only be assigned if the employee will probably be able to perform the essential functions of the position after the transitional duty period. The Business Administrator will consult with the department head to determine if there is any meaningful work that can be performed consistent with the restrictions. Transitional duty assignments may be in any department and not just the employee's normal department. The Business Administrator will decide if it is in the best interest of the Township to approve a transitional duty request and will notify the employee of the decision. The Township reserves the right to terminate the transitional duty assignment at any time without cause.
C. 
Employees may not refuse transitional duty assignments that are recommended by the workers' compensation physician. In such cases, failure to report to work as directed shall constitute immediate grounds for dismissal. If the employee believes that the transitional duty assignment is beyond the employee's abilities, the employee may request a meeting with the Business Administrator who will render a written response within 24 hours.
D. 
Employees on transitional duty will receive their regular salaries and are prohibited from engaging in any outside employment of any kind unless they receive prior written approval from the Business Administrator. If transitional duty is approved, the employee or workers' compensation physician must keep the Business Administrator informed of the medical progress. If at the end of transitional duty period the employee is not able to return to work without restrictions, the Township reserves the right at its sole discretion to extend the transitional duty or place the employee back on workers' compensation or disability. This policy does not affect an employee's rights under the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the contagious or life threatening illnesses policy[1] or other federal or state law.
[1]
Editor's Note: See § A251-9 of this chapter.
A. 
The Township recognizes that the use of unlawful drugs and the abuse of alcohol pose a threat to the health and safety of all employees. Any employee who is intoxicated or under the influence of alcohol or drugs during working hours shall be immediately suspended and subject to termination. The supervisor or department head will immediately report any suspensions to the Business Administrator.
B. 
Employees using prescription drugs that may affect job performance or safety must notify their supervisor or department head who is required to maintain the confidentiality of any information regarding an employee's medical condition. Township personnel who hold a commercial driver's license (CDL) are subject to the provisions of the commercial driver's licenses drug and alcohol testing policy.
A. 
The Township will not tolerate workplace violence. Violent acts or threats made by an employee against another person or property are cause for immediate dismissal and will be fully prosecuted. This includes any violence or threats made on Township property, at Township events or under other circumstances that may negatively affect the Township's ability to conduct business.
B. 
Prohibited conduct includes:
(1) 
Causing physical injury to another person;
(2) 
Making threatening remarks;
(3) 
Aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress;
(4) 
Intentionally damaging employer property or property of another employee;
(5) 
Possession of a weapon while on Township property or while on Township business except with the authority of the Police Chief; and
(6) 
Committing acts motivated by, or related to, sexual harassment or domestic violence.
C. 
Any potentially dangerous situations must be immediately reported. The Township will actively intervene in any potentially hostile or violent situation.
The Township will not tolerate harassment in the work place including harassment motivated by sex, race, creed, color, religion, national origin, ancestry, age, nationality, marital or political status, disability or sexual orientation. Township officials, appointees, managers, supervisors, employees, volunteers and outside contractors alike must comply with this policy and take appropriate measures to insure that such conduct does not occur. Violations of this policy will result in disciplinary action up to and including discharge or, in the event nonemployees are found to be at fault, other appropriate action. Employees who feel they have been subject to harassment must report the harassment to their supervisor or, if they prefer, to the department head, Business Administrator or the Mayor. See employee complaint policy (§ A251-17).
A. 
As a part of the anti-harassment policy, the Township also strictly prohibits sexual harassment including, but not limited to:
(1) 
Making unwelcome sexual advances or requests for sexual favors a condition of employment;
(2) 
Making submission to or rejection of such conduct the basis for employment decisions affecting the employee;
(3) 
Creating an intimidating, hostile or offensive working environment by such conduct;
(4) 
Making unwelcome, offensive remarks or engaging in physical contact with a subordinate or fellow employee that would not have been made but for the employee's sex, or which is sexually oriented to the extent that it would not occur but for the fact of the employee's gender; or
(5) 
Harassment based solely on gender, which creates a hostile and offensive work environment.
B. 
Sexual harassment may take different forms. One specific form is a demand for sexual favors. Other forms of harassment include but are not limited to:
(1) 
Sexual innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions or threats;
(2) 
Suggestive objects or pictures, graphic commentaries, E-mails, suggestive or insulting sounds, leering, whistling, obscene gestures;
(3) 
Unwanted physical contact, including touching, pinching, brushing the body, pushing; or
(4) 
Nonsexual conduct such as intimidation and hostility based solely upon gender.
C. 
Employees who feel they have been subject to sexual harassment must report the harassment to their supervisor or, if they prefer, to the department head, Business Administrator or Mayor. See employee complaint policy (§ A251-17).
A. 
Employees have the right to complain of anything they perceive to be improper. This right shall be communicated to all employees in a letter outlining the specific employee complaint procedure. A written acknowledgement that the employee received this letter will be included in the employee's official personnel file. This right will also be communicated in the Employee Handbook. All complaints will be taken seriously and promptly investigated.
B. 
The Township shall not take any retaliatory action or tolerate any reprisal against an employee for any of the following:
(1) 
Disclosing or threatening to disclose to a supervisor, department head, the Business Administrator, other official or to a public body, as defined in the Employment Protection Act (N.J.S.A. 34:19) an activity, policy or practice that the employee reasonably believes is in violation of a law, a rule or regulation promulgated pursuant to law;
(2) 
Providing information to, or testifying before any public body conducting an investigation, hearing, an inquiry into any violation of law, or a rule or regulation promulgated pursuant to law; or
(3) 
Objecting to or refusing to participate in any activity, policy, or practice that the employee reasonably believes is a violation of a law, rule or regulation promulgated pursuant to law; is fraudulent or criminal, or is incompatible with a clear public policy mandate concerning the public health, safety, or welfare.
C. 
In accordance with the statute, the employee must bring the violation to the attention of the Township. However, disclosure 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. Employees are encouraged to complain in writing using the Employee Complaint Form,[1] but may make a verbal complaint at their discretion. See employee complaint policy (§ A251-17). Under the law, the employee must give the Township a reasonable opportunity to correct the activity, policy or practice. The administration of whistle-blower complaints is not subject to the limitations in the grievance policy (§ A251-18). In accordance with the statute, a copy of this policy will be posted in all facilities.
[1]
Editor's Note: The following forms are on file in the Township offices: Notice of Personnel Discussion; Employee Letter Concerning Employee Complaint Procedure; Employee Complaint Form; Application for Employment; New Jersey Division of Civil Rights Guide on Pre-Employment Inquiries; Performance Appraisal; Counseling Action Plan; Employee Evaluation Checklist.
Employees who wish to complain of harassment or any other workplace wrongdoing are requested to immediately report the matter to their supervisor or, if they prefer, to their department head, Business Administrator or Mayor. Employees are encouraged to complain in writing using the Employee Complaint Form, but may make a verbal complaint at their discretion. No retaliatory measures shall be taken against any employee who complains of workplace wrongdoing. The Township will, to the maximum extent feasible, maintain the confidentiality of such complaints on a need-to-know basis. However, investigation of such complaints may require disclosure to the accused party and other witnesses in order to gather pertinent facts.
A. 
A grievance is any formal dispute concerning the interpretation, application and enforcement of any personnel policy or procedure of the Township. Grievances from union employees will be handled pursuant to the terms of the applicable bargaining unit agreement. All grievances from nonunion employees must be presented within five working dates after arising, and failure to report a grievance within such time shall be deemed as a waiver of the grievance. In the event of a settlement or ruling that results in a determination of monetary liability, such liability shall not exceed more than 30 working days prior to the date the grievance was first presented in writing.
(1) 
Step One. Any employee or group of employees with a grievance shall verbally communicate the grievance to the supervisor or department head who will discuss the matter with the Business Administrator. The supervisor or department head will communicate the decision to the employee within two working days.
(2) 
Step Two. If the employee is not satisfied with the decision, the employee must submit a written grievance to the Business Administrator detailing the facts and the relief requested. The decision in Step One will be deemed final if the employee fails to submit a written grievance within five days working days of the Step One decision. After consulting the Township Attorney, the Business Administrator will render a written decision to the employee within five working days after receipt of the written grievance.
(3) 
Step Three. If the employee is not satisfied with the decision rendered in Step Two, the employee may request its review by the Mayor within a three-day period of the decision of the Business Administrator.
B. 
These limitations do not apply to employee complaints made under the general anti-harassment policy (§ A251-14), the anti-sexual-harassment policy (§ A251-15) or the whistle-blower policy (§ A251-16).
The official personnel file for each employee shall be maintained by the Business Administrator. Personnel files are confidential records that must be secured in a locked cabinet and will only be available to authorized managerial and supervisory personnel on a need-to-know basis. Records relating to any medical condition will be maintained in a separate file. Electronic personnel and medical records must be protected from unauthorized access. Any employee may review his or her file in the presence of the Business Administrator upon reasonable request.
A. 
Employees including Township 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 Township. Violations of this policy will result in appropriate discipline including termination.
B. 
The Township recognizes the right of employees to engage in outside activities that are private in nature and unrelated to Township business. However, business dealings that appear to create a conflict between the employee and the Township's interests are unlawful under the New Jersey Local Government Ethics Act (N.J.S.A. 40A:9-22.1 et seq.). Under the Act, certain employees and officials are required to annually file with the Township Clerk a state mandated disclosure form. The Township Clerk will notify employees and Township officials subject to the filing requirements of the Act.
C. 
A potential or actual conflict of interest occurs whenever an employee including a Township official is in a position to influence a Township 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 Township 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 Township Clerk or Business Administrator to obtain clarification.
D. 
Employees are allowed to hold outside employment as long as it does not interfere with their Township responsibilities. Employees are prohibited from engaging in outside employment activities while on the job or using Township time, supplies or equipment in the outside employment activities. The Business Administrator may request employees to restrict outside employment if the quality of Township work diminishes. Any employees who holds an interest in, or is employed by, any business doing business with the Township must submit a written notice of these outside interests to the Business Administrator.
E. 
Employees may not accept donations, gratuities, contributions or gifts that could be interpreted to affect their Township duties. Under no circumstances shall employees accept donations, gratuities, contributions or gifts from a vendor doing business with or seeking to do business with the Township or any person or firm seeking to influence Township decisions. Meals and other entertainment valued in excess of $150 are also prohibited. Employees are required to report to the Business Administrator any offer of a donation, gratuity, contribution or gift including meals and entertainment that is in violation of this policy.
Employees have exactly the same right as any other citizen to join political organizations and participate in political activities, as long as they maintain a clear separation between their official responsibilities and their political affiliations. Employees are prohibited from engaging in political activities while performing their public duties and from using Township time, supplies or equipment in any political activity. Any violation of this policy must be reported to the supervisor, department head, or Business Administrator.
The department head will complete a written evaluation and appraisal form for every employee to measure progress and to encourage self-improvement at least twice a year. The evaluation will also record additional duties performed, educational courses completed as well as a plan to correct any weak points using the Employee Counseling Form. After completing the evaluation, the supervisor or department head will review the results with the employee and return the form(s) with the signed acknowledgement to the Business Administrator. After review by the Business Administrator, the form(s) are to be included in the employee's official personnel file. As a part of the evaluation, employees have the right to request a conference with the Business Administrator and submit written comments directly on the evaluation form.
A. 
An employee may be subject to discipline for all of the following reasons:
(1) 
Incompetence, inefficiency or failure to perform duties;
(2) 
Conviction of a crime;
(3) 
Conduct unbecoming a public employee;
(4) 
Violation of Township policies, procedures and regulations;
(5) 
Falsification of public records including personnel records;
(6) 
Violation of federal, state or Township regulations concerning drug and alcohol use and possession;
(7) 
Chronic or excessive absenteeism or lateness;
(8) 
Misuse of public property, including motor vehicles; and
(9) 
Other sufficient cause.
B. 
Major disciplinary action includes termination, disciplinary demotion or suspension or fine exceeding five working days. Minor discipline includes a formal, written reprimand or a suspension or fine of five working days or less. Employees who object to the terms or conditions of the discipline are entitled to a hearing under the applicable grievance procedure.
A. 
An employee may be terminated depending upon the circumstances for any of the following:
(1) 
Incompetence, inefficiency or failure to perform duties;
(2) 
Conviction of a crime;
(3) 
Conduct unbecoming a public employee;
(4) 
Violation of Township policies, procedures and regulations;
(5) 
Falsification of public records including personnel records;
(6) 
Violation of federal, state or Township regulations concerning drug and alcohol use and possession;
(7) 
Chronic or excessive absenteeism or lateness;
(8) 
Misuse of public property, including motor vehicles; and
(9) 
Other sufficient cause.
B. 
All discharges will be in accordance with federal and state laws as well as applicable collective bargaining agreements.
An employee who intends to resign must notify the department head in writing at least two weeks in advance. After giving notice of resignation, employees are expected to assist their supervisor and co-employees by providing information concerning their current projects and help in the training of a replacement. During the last two weeks, the employee may not use paid time off except paid holidays. The department head will prepare an Employee Action Form showing any pay or other money owed the employee. The Business Administrator will conduct a confidential exit interview to discuss benefits including COBRA options, appropriate retirement issues and pay due. A COBRA notification letter will be sent to the employee's home address. The exit interview will also include an open discussion with the employee. On the last day of work, and prior to receiving the final paycheck, the employee must return the employee identification card, all keys and equipment. At this time, the employee will sign the termination memo designating all money owed and this memo will be retained in the official personnel file.
Pursuant to N.J.A.C. 4A: 8-1.1, the Township may institute layoff actions for economy, efficiency or other related reasons, but will first consider voluntary alternatives.