[HISTORY: Adopted by the Mayor and Council of the Borough of Wanaque 9-8-1971 by Ord. No. 13-0-71. Amendments noted where applicable.]
[Added 12-11-2017 by Ord. No. 12-0-17[1]]
A. 
The Borough of Wanaque hereby adopts by reference the Borough of Wanaque's Employee Manual, which sets forth the personnel policies and procedures for all of its employees.
B. 
The Business Administrator shall file with the Municipal Clerk the Borough's Employee Manual.
C. 
The Business Administrator shall cause the Borough's Employee Manual to be distributed to all Borough employees, who are required to acknowledge receipt of the Borough's Employee Manual.
D. 
Any amendments, modifications or additions to the Borough's Employee Manual shall be adopted and promulgated in the same manner hereunder.
[1]
Editor's Note: This ordinance also repealed former § 29-1, General rules and policies.
The Borough Clerk, Assessor, Attorney, Treasurer and all department directors shall be appointed by the Mayor, with the advice and consent of the Council, as authorized by the charter and administrative code. All other appointments of officers and employees shall be made by the Mayor pursuant to the charter.
[1]
Editor's Note: Former §§ 29-3, Classified and unclassified service; 29-4, Scope of regulations; 29-5, Classification plan; abolition of position; and 29-6, Pay plan, were repealed 12-11-2017 by Ord. No. 12-0-17.
[Amended 4-27-1977 by Ord. No. 9-0-77; 12-11-2017 by Ord. No. 12-0-17]
A. 
Basis for original appointments.
(1) 
Original appointments to vacancies in the Borough service shall be based upon merit, fitness and ability, which shall be determined by competitive examinations, insofar as practicable, and shall be in accordance with the Civil Service Rules of the State of New Jersey, and the qualified applicant for the position or positions shall be filled in the following classes:
(a) 
Class 1: residents of the Borough.
(b) 
Class 2: other residents of the county in which the Borough is situate.
(c) 
Class 3: other residents of the state.
(d) 
Class 4: all other qualified applicants.
(2) 
The Borough shall first appoint all those in Class 1 and then those in each succeeding class in the order above listed and shall appoint a person or persons in any such class only to a vacancy or vacancies remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment.
A. 
Pay periods. The Borough normally shall pay its employees on a biweekly payroll schedule, that is, once in every two weeks, or a total of 26 times annually. In order to avoid the possibility of a year in which 27 pay days could occur, adjustment may be made as to the particular day of the week in which pay is received.
B. 
Computation of daily and hourly rates. Each payroll period normally shall consist of 10 working days, so that the daily rate of pay of each employee normally shall be 1/260 of his annual salary. The hourly rate shall be computed by dividing the yearly rate by the number of hours in the employee's prescribed workweek, unless the salary is carried on a hourly rate schedule per the Salary Ordinance.[1]
[1]
Editor's Note: See Ch. 43, Salaries and Compensation.
C. 
Deductions for leave without pay. Deductions in salary for leave without pay shall be computed on the basis of hourly rate.
D. 
Compensation for overtime. Compensation for overtime shall be in accordance with the union contract.
E. 
Salary increments.
(1) 
Salary increments will be granted effective January 1 of each year, as negotiated for in accordance with the current union contract.
(2) 
In the case of employees who have served less than one full year as of January 1, the salary increase, if any, to be effective at that time shall be as negotiated with the union in concurrence with the current contract.
F. 
Direct deposit. In accordance with N.J.S.A. 52:14-15a et seq. (PL 2013, c. 28), all employees of the Borough of Wanaque, with the exception of temporary or seasonal employees, shall have their net pay directly deposited in a specific banking institution based on information provided by the employee.
[Added 6-9-2014 by Ord. No. 8-0-14]
G. 
Internet access. Information concerning net pay deposited in accordance with § 20-10F shall be made available to the employee through a secured Internet site provided by the Borough's payroll provider. W-2 and other payroll information will also be provided through the secured Internet site.
[Added 6-9-2014 by Ord. No. 8-0-14]
[1]
Editor's Note: Former §§ 29-11, Hours of work; 29-12, Holidays; 29-13, Vacations; 29-14, Leaves of absence; 29-15, Political activity; 29-16, Conflicts of interest; 29-17, Outside employment; 29-18, Disciplinary actions; 29-19, Personnel Records; 29-20, Medical examinations; and 29-21, Training programs, were repealed 12-11-2017 by Ord. No. 12-0-17.
[Added 5-12-2003 by Ord. No. 13-0-03]
The Borough of Wanaque (hereinafter referred to as the "Borough") has a strong commitment to provide a work environment free from unlawful harassment based on sex, affectional or sexual orientation, race, color, religion, national origin, age, disability, ancestry, atypical hereditary cellular or blood trait (AHCBT), liability for service in the Armed Forces of the United States, creed, handicap, marital status, familial status, genetic information, refusal to submit to genetic testing, refusal to provide genetic information, or nationality of that person or that person's spouse, partners, members, officers, managers, superintendents, agents, employees, business associates, suppliers, or customers (collectively the "protected classifications"). The Borough will not tolerate unlawful harassment. Acts or incidents of unlawful harassment should be promptly reported in accordance with the procedures outlined below. The Borough will promptly investigate all reports of unlawful harassment. Employees who violate this policy will be subject to disciplinary action up to and including termination from employment. Employees who violate this policy also risk personal legal liability.
The purpose of this article is to ensure all employees of the Borough of Wanaque a work environment free of any type of unlawful discrimination, including freedom from harassment on the basis of any protected classification.
A. 
Improper conduct. Instances that may violate the Borough's policy against harassment and which may result in disciplinary action include the following:
(1) 
Unwelcome remarks and actions based on the protected classifications. This may include, but is not limited to, inappropriate jokes, comments or posted materials.
(2) 
Threats or suggestions that an employee's employment work status will be adversely affected based upon the protected classifications.
(3) 
Affecting or denying employment opportunities or benefits to an employee based upon the protected classifications.
(4) 
Engaging in a negative tangible employment action based upon the protected classifications.
(5) 
Retaliation against an employee who has reported any alleged violation of this policy or participated in an investigation related to this policy.
B. 
Sexual harassment.
(1) 
An important note must be made with respect to sexual harassment. Sexual harassment is defined as any unwelcome advance or request for sexual favors or any conduct of a sexual nature where:
(a) 
Submission is made explicitly or implicitly a term or condition of employment;
(b) 
Submission to or rejection of the harassing conduct is threatened to be used, as the basis of employment decisions; or
(c) 
Such conduct has the purpose or effect of substantially interfering with an individual's work or creates an intimidating, hostile, or offensive working environment.
(2) 
Sexual harassment is different from sexual attraction or flirtation. Sexual harassment is unwelcome sexual attention which is demeaning and causes the recipient distress. Sexual harassment does not refer to occasional inoffensive compliments. However, comments or behavior which may be intended to be complimentary may be viewed by the recipient as unwelcome and a form of sexual harassment.
C. 
Supervisory personnel. Every supervisor is responsible for preventing and reporting unlawful harassment. Failure to take action to stop unlawful harassment may be grounds for disciplinary action. Special care must be exercised by supervisors and managers whose actions or remarks may be mistakenly perceived as unlawful harassment. The subordinate may feel inhibited and may not disclose the unwelcome actions or remarks by the supervisor or person of higher rank. Unlawful harassment is not limited, however, to employees of different rank.
D. 
Complaint procedure. Any employee who feels he or she has been subject to harassment or has knowledge of a violation of this policy should report the incident directly to the Borough Administrator or his/her designee. The Administrator or his/her designee is hereby designated as the harassment officer. If circumstances prevent reporting the incident directly to the Administrator or his/her designee, the employee should report the incident to the employee's department head. The Administrator or his/her designee must be promptly advised of such complaint. If the complaint involves a direct supervisor, the employee is not required to complain to that direct supervisor. The complaint should then be made to any of the other above-mentioned individuals. A complaint of harassment shall be investigated by the Administrator or his/her designee in a timely manner.
(1) 
The complaint filed must include the following information:
(a) 
The name and department of the complainant;
(b) 
The name and department of the charged party;
(c) 
The nature and circumstances, in detail, of the alleged harassment, including but not limited to the injuries or consequences suffered by the complainant, the names of any witnesses to such actions and the duration of the actions questioned; and
(d) 
Whether such harassment has been previously reported to a supervisor or other person, and if so, when and to whom.
(2) 
Nothing in this section shall prevent the complainant from providing other information or documents he/she believes are essential to the fair adjudication of their case.
(3) 
The initial complaint may be made orally or in writing. If the complaint is made orally, the Administrator or his/her designee shall reduce same to a written document, which shall, if it is deemed accurate, be signed by the complainant. If an individual is uncomfortable in making a written complaint, the Borough may proceed with its investigation without a formal, written complaint.
E. 
Investigation procedure.
(1) 
Once a complaint has been registered or a harassment situation has become known to the Borough, a prompt, fair and thorough investigation will be conducted to determine the meritorious character of the complaint.
(2) 
If the Borough determines that unlawful harassment has occurred in violation of this policy, the individual who engaged in such harassing conduct shall face immediate and appropriate disciplinary action based upon the severity of the complaint and any prior history of past charges made against the individual and disciplinary action involving the individual. Disciplinary action may include being suspended without pay pending the hearing, a written warning, suspension, demotion, and/or termination of employment.
F. 
Privacy.
(1) 
The Borough of Wanaque encourages victims of harassment to bring their complaints to management by ensuring that no reprisals or retaliation will result against such complaining individual as a result of the good-faith reporting of harassment. In addition, anyone who assists in the filing of a complaint or in the investigation of a claim of harassment will be protected from reprisals and retaliation. Reprisal or retaliation may be the basis of a separate complaint, even if the complaint of harassment may be found to be without merit.
(2) 
To the fullest extent possible, and so long as it does not inhibit the conducting of an investigation, all persons involved with a harassment complaint will be given the utmost protection of privacy.
G. 
Borough liability.
(1) 
Because the Borough of Wanaque prohibits harassment of its employees in any form, any individual charged with harassment in a civil action or by way of an administrative complaint shall be solely responsible for paying all costs of defense and/or any damages resulting therefrom which are awarded by any proper court of law or after an administrative hearing.
(2) 
Any employee with questions regarding the Borough's Harassment Policy may contact the Administrator or his/her designee.
H. 
False accusations. Since a charge of harassment is a grave and serious one, false accusations of harassment are, and will be treated as, a disciplinary offense and will result in a level of punishment appropriate for a person engaging in such behavior.