[HISTORY: Adopted by the Mayor and Council
of the Borough of Highland Park as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 57.
[Adopted by Ord. No. 1056 (§ 2-29 of the 1987 Code)]
The Mayor and Council of the Borough find and
declare that the Borough recognizes that equal employment opportunities
should be afforded to all its employees and applicants for employment
regardless of their race, religion, color, national origin, ancestry,
age, sex, sexual orientation, physical or mental handicap, marital,
military, or veteran's status and that the Borough should use as a
basis for selection in employment only those characteristics which
are demonstrably related to job performance or requirements which
serve to increase the effectiveness of Borough government and that
fair and nondiscriminatory treatment for all its employees promotes
the merit principle, and that these principles apply to the administration
within each employment category of personnel actions such as recruitment,
hiring, promotion, training, compensation, transfers, layoffs, return
from layoffs, terminations and benefits. The Mayor and Council further
find that:
A.
Discrimination in employment opportunities because
of race, color, age, national origin, political or religious affiliation,
marital status, sex, ancestry, sexual orientation, handicap, veteran's
service or liability for service in the Armed Forces of the United
States constitutes a violation under Title VII of the Civil Rights
Act of 1964, as amended; and
B.
That there shall be and is hereby established a Borough
goal of eliminating all possibilities of discrimination in Borough
employment and personnel practices, including but not limited to the
following areas: recruitment, selection, hiring, placement, promotion,
demotion, transfer, termination, training, rates of pay, fringe benefits,
and use of all facilities, through the implementation of an Affirmative
Action Plan, hereinafter called "the Plan"; and
C.
That the Plan shall apply to all employees within
the municipal government of the Borough, and that this article shall
constitute the Affirmative Action Plan of the Borough.
It is the public policy of the Borough to provide
equal employment and business opportunities for all persons, partnerships,
companies and corporations and to prohibit discrimination in employment
and business practices because of race, color, religion, sex, ancestry
or national origin, and to promote the full realization of equal employment
and business opportunity through a positive and continuing program
within each department, division, board, commission, agency or component
of the Borough. This policy of equal employment and business opportunity
shall apply to every contractor, subcontractor or bidder holding or
seeking a public contract with the Borough, and is intended to provide
minority businesses equal opportunity to participate in the filling
of the Borough's nonbid purchase orders up to legal nonbid limit.
This policy of equal employment opportunity applies to every aspect
of municipal employment policy and practice.
Implementation of this policy shall be with
the Borough's Affirmative Action Officer. The Affirmative Action Officer
shall be the Borough Administrator or his or her designee. In the
absence of anyone holding the position of Borough Administrator, the
Chairperson of the Human Rights Commission will be the Affirmative
Action Officer until the Borough Administrator is named. The Affirmative
Action Officer shall administer and enforce the Borough's Plan and
establish procedures to effectuate such policy; hold and conduct hearings
relative to violations of this article, make all determinations as
to compliance with this article; use the resources of the Borough's
personnel and records and shall have access to other agencies which
may be under contract with the Borough. The Affirmative Action Officer
shall report directly to the Mayor and Council, and shall submit to
the Mayor and Council for their review an annual report which shall
include Borough employment statistics and an analysis of the statistics
in relation to both short-term and long-range goals. The Affirmative
Action Officer shall monitor all hiring and training practices through
the use of an Affirmative Action File and preparation of annual reports
as to its status. In addition, the Officer will complete all EEO-4
reports in accordance with federal government requirements. Any complaints
regarding an action or failure to take action by the Borough Administrator
which is alleged to be in violation of this article shall be heard
by the Community Affairs Committee of the Borough Council. Additionally,
the Affirmative Action Officer shall perform the following duties:
A.
Advise and counsel all employees upon request;
B.
Maintain a skill bank to identify those employees
who may qualify for training and/or promotions;
C.
Review the Employee Grievance Procedure and, when
necessary, recommend improvements therein;
D.
Review all promotional procedures and requirements
to eliminate all possible discriminatory practices over which the
Borough has control;
E.
Ensure that all fringe benefits continue to be made
available on a nondiscriminatory basis;
F.
Review all transfer applications to ascertain whether
discriminatory factors were involved in such transfers;
G.
Interview all employees who shall leave the Borough's
employment to ascertain whether discrimination was a factor in the
termination of such employment;
H.
Make an annual review to determine if any pattern
of discrimination exists;
I.
Conduct seminars to ensure that all department heads
and supervisors have knowledge of the Plan; and
J.
Review selection procedures to eliminate non-job related
factors over which the Borough has control.
This statement and Plan shall be distributed
to all current employees, both full- and part-time. It shall be given
to all employees at the time of hire. The Plan will be posted in all
areas where applications for employment in the Borough are received.
Also, it shall be distributed to all Borough departments and divisions
to be posted permanently.
A recruitment program shall be designed to effectuate
the Plan. The program shall include recruitment and outreach procedures
to attract those segments of the population which have been underrepresented
heretofore. The recruitment procedures shall include, but not be limited
to the following:
A.
Open posting of all employment opportunities on bulletin
boards within the municipal government buildings;
B.
Mailing all employment opportunities to minority and
women's organizations and all other interested groups;
C.
The Affirmative Action Officer or the Officer's designee,
shall speak before any interested group and provide information on
existing employment opportunities;
D.
Establishment of a continuous line of communication
with minority and women's organizations to inform them of the progress
of the Affirmative Action Plan;
E.
Utilization where possible of minority and women's
organizations as employments recruiters;
F.
Advertisement of employment opportunities in local
newspapers; and
G.
Inclusion of the statement, "An Equal Opportunity/Affirmative
Action Employer", in all newspaper advertisements and notices of employment
opportunities.
All persons desirous of employment with the
Borough shall be given the opportunity to submit applications. After
completion of such application, all applicants will receive a confirmation
of the application received, the time period for which it will be
held, the availability of the position currently, and shall be notified
by the department when their applications are under present consideration
and the disposition of the same. All applications shall remain active
for a period of six months and shall remain on file for a period of
two years.
The Borough shall make every reasonable effort
to make training and educational experiences which are necessary for
promotion to higher-level positions available to all interested and
qualified employees. The review and implementation of all training
procedures shall be conducted by the Affirmative Action Officer. The
scope of the Officer's authority shall include, but not be limited
to:
A.
Any employees who believe that they have been the
subject of discrimination, for any reason whatsoever, may present
grievances in the manner prescribed in the Borough's personnel manual.
B.
If the employee complies with this procedure and the
employee is dissatisfied with the outcome of the matter, the employee
may notify the State of New Jersey, Division of Civil Rights at one
of the following locations:
|
1100 Raymond Boulevard
Newark, New Jersey 07102
201-648-2700
| |
|
436 State Street
Trenton, New Jersey 08625
609-92-4605
|
C.
The procedures outlined are available to employees
on a voluntary basis. A claim of discrimination may be filed with
the State of New Jersey, Division of Civil Rights, at any time.
If the Borough determines that any agreement
entered into between the Borough and its employees contains any provision
contrary to the provisions of the Civil Rights Act of 1964, as amended
by the Equal Employment Opportunity Act of 1972, and the New Jersey
Law Against Discrimination as set forth in Title 10:5-1 et seq. of
New Jersey Statutes Annotated, the Borough will undertake appropriate
legal or administrative action to seek a determination by the appropriate
authority to declare the portion of the contract null and void after
first seeking to redress the provision by negotiation. Nothing in
this article shall be construed as denying or limiting the right of
any employee to file and vigorously pursue a grievance under a labor
agreement covering such employee.
The objectives of the Affirmative Action Plan
shall be as follows:
A.
Communication of the Plan. Upon adoption of this Plan,
the Affirmative Action Officer shall transmit copies of the Plan to
all employees of the Borough, department heads, and to other parties
who may be interested.
B.
Review of employment procedures. The Affirmative Action
Officer and each department head shall review the employment structure
of their departments to eliminate any vestiges of discrimination.
The first of the reviews shall be made within 90 days of the adoption
of the Plan and then annually thereafter.
C.
Ensuring equal consideration of all qualified applicants.
The Affirmative Action Officer shall review all interview and recruitment
procedures to ensure that all provisions outlined in the Plan are
strictly complied with and that all employment advertisements contain
the statement "Equal Opportunity/Affirmative Action Employer." To
this end, a form shall be developed by the Affirmative Action Officer
which shall be completed when any application is received, but employment
not offered at that time. Copies of the form shall be kept on file
in the office of the Borough Clerk.
D.
Maintaining discrimination-free selection, appointment
and promotion procedures. All procedures outlined herein shall be
strictly complied with; in addition, all new employees as of January
1, 1986, not previously interviewed by the Borough Administrator shall
be interviewed.
E.
Offering of training and education programs on a nondiscriminatory
basis. In addition to compliance with all procedures outlined herein,
the Affirmative Action Officer shall conduct workshops and seminars
for supervisory personnel to familiarize them with all phases of the
Plan. Seminars and workshops shall also be made available whenever
possible for all interested employees.
[Adopted by Ord. No. 1363 (§ 2-38 of the 1987 Code);
amended 3-17-2009 by Ord. No. 09-1756]
B.
All requests to travel outside the Borough with a municipal vehicle
for a nonemergency shall be reviewed by the Department Head or Borough
Administrator and/or their designees. In evaluating the request, the
reviewing party shall evaluate the necessity for the request, the
destination, expected time the vehicle will be returned, and the need
for the vehicle within the Borough.
C.
In the event of an emergency, where prior approval cannot be obtained,
the municipal vehicle may be driven outside the Borough, provided
that within the following 24 hours, a written report as to the reason
the vehicle was driven outside the Borough, the destination, and the
length of time that vehicle was outside the Borough is provided to
the Department Head or Borough Administrator and/or their designees.
D.
An employee who is also employed by another governmental entity may
use a Borough vehicle for that employment only if the employment is
pursuant to an interlocal services agreement between the Borough and
the other jurisdiction.
A.
All drivers of municipal vehicles must possess a current driver's
license from the State of New Jersey or from their state of residence,
for the type of municipal vehicle which will be driven. A copy of
this license shall be submitted yearly to the Borough Clerk, Administrator,
and Department Head and shall be placed in the employee's official
personnel file. Semiyearly DMV checks will be made to insure validity
of driver's license by the Highland Park Police Department.
B.
All employees who drive a municipal vehicle or their personal vehicle
for official Borough business are subject to all New Jersey laws,
motor vehicle requirements and the ordinances of the Borough of Highland
Park governing the operation of motor vehicles.
C.
All accidents involving a municipal vehicle or an employee whose
job duties require him to drive for the Borough, whether or not said
accident occurred during the course of Borough business, must be reported
to the Department Head in writing within the following 24 hours. The
Department Head will forward the report of the accident to the Borough
Administrator, Borough Clerk, and Chief of Police.
D.
Any summons, ticket, or warning received by any Borough employee
whose job duties require him to drive for the Borough, received during
the course of Borough business, are to be reported in writing to the
Department Head within the following 24 hours. Any summons, ticket
or warning received for a moving violation by a Borough employee whose
job duties require him to drive for the Borough, whether or not received
during the course of Borough business, are to be reported in writing
to the Department Head within the following 24 hours. The Department
Head will forward a copy of that report to the Borough Administrator,
Borough Clerk and Chief of Police. Within 24 hours following the disposition
of any summons or ticket, the employee shall provide a written report
to the Department Head. The Department Head will forward that report
to the Borough Administrator, Borough Clerk and Chief of Police.
E.
Annually, not later than March 1 of each year, said Department Head
shall provide to the Borough Administrator a list of all employees
who drive vehicles for the Borough along with a copy of their current
driver's license. It is the Department Head's obligation
and responsibility to continually update and revise that list when
necessary.
With the approval of the Borough Administrator and/or his/her
designee, an employee may, on occasion, use his/her personal vehicle
for official Borough business. No request can be approved unless the
employee requesting to use his/her vehicle has done so in writing
and has presented a valid insurance card and valid registration for
the private vehicle being used.
A.
Subject to Subsection E of this section, no municipal vehicle may
be taken home. With the prior approval of the Borough Administrator
and/or his/her designee, a municipal vehicle may be taken home by
a Borough employee to be used for emergency calls. "Emergency calls,"
for purposes of this section, shall be defined as calls for assistance
initiated by a Department Head, Borough Administrator, or from the
Highland Park Police Department.
B.
If authorized, the vehicle, except when responding to emergency calls,
shall be driven directly to the employee's home and then back
to work.
C.
Monthly reports for the use of municipal vehicles taken home by Borough
employees must be submitted to the Department Head with copies to
the Borough Administrator.
D.
Use of police vehicles, under this section, shall be subject to a
policy promulgated by the Chief of Police of the Highland Park Police
Department.
It shall be the obligation of the employee to satisfy and fulfill
the requirements of this article. Failure to do so may result in disciplinary
action being taken against the offending employee.
