Borough of North Haledon, NJ Article VI Dismissal

§ 102-33 Causes for dismissal.

A. Dismissal is the removal of an employee from service for cause.

B. An employee may be dismissed from service for any of the following causes, but dismissal of an employee shall not be limited to causes enumerated:

(1) The employee is incompetent or inefficient in the performance of his/her duties.

(2) The employee has been wantonly careless or wantonly negligent in the performance of duty.

(3) The employee has been offensive in his/her treatment of public charges, fellow employees or other persons.

(4) The employee has some permanent or chronic physical or mental ailment or defect of such a nature and severity that it incapacitates him/her for the proper performance of his/her duties.

(5) The employee has violated any lawful official regulation or order or failed to obey any lawful or reasonable directions given him/her by his/her superiors when such violation or failure to obey amounts to insubordination or serious breach of discipline.

(6) The employee has taken a fee, gift or other valuable thing in the course of his/her work or in connection with it when such a fee, gift or other valuable thing is given him/her by any person or organization for receiving a favor or better treatment than accorded other persons.

(7) The employee has been convicted of a criminal offense.

(8) The employee, through willful conduct, has caused damage to public property or waste of public supplies.

(9) The employee is habitually tardy, absent without notice, drunk, dishonest or loses his/her driver's license when necessary for the performance of duty.

§ 102-34 Recommendation by department head.

A department head may recommend to the Borough Council that an employee be dismissed when such action is deemed to be in the best interest of the Borough. Such dismissal recommendation shall be in writing, signed by the department head, and shall state the reasons therefor. The Borough Council, on its own motion, may direct any employee to show cause before it why he/she should not be dismissed for reasons set forth in such a motion.

§ 102-35 Procedure.

Disciplinary charges shall commence with the filing of written charges against the employee in the office of the Borough Clerk and the service of a copy of the written charges upon the employee, either personally or by certified mail, return receipt requested. The charges shall be accompanied by a notice of a hearing which shall be held at least 10 days after the filing of the charges. A hearing shall be conducted by the Mayor and Council. Evidence shall be presented. The employee shall be permitted to present witnesses and documentary evidence. At the conclusion of the hearing, the governing body shall make findings of fact and conclusions, and, if the employee is found guilty, the governing body shall determine the appropriate penalty. The procedures provided for in this section shall be subordinate to any procedures mandated by state statute.