[Amended 12-16-2020 by Ord. No. 1173-20]
A. Any individual considered for any appointment or reappointment to the Zoning Board of Adjustment, Planning Board, Library Board, recreation or any other volunteer board or body as well as any individual considered for any volunteer position within the municipality must consent to a criminal background check in accordance with the provisions of Chapter
27 of the Township Code.
B. No person shall be eligible to serve as a member of the aforementioned
Boards or serve in any volunteer position for the municipality if
it is determined that such person has been:
(1) Convicted under the laws of the state of an offense involving dishonesty
or a crime of the third degree or above or under the laws of another
state or of the United States of an offense or crime which, if committed
in this state, would be such an offense or crime; or
(2) Such person is convicted of an offense involving or touching said
office, position or employment.
C. Background check procedure.
(1) The Township Administrator will perform or initiate the criminal
background check procedure which must be completed and reviewed prior
to the applicant being approved, appointed or reappointed to any of
the positions described herein.
(2) The process will be initiated by the Township Administrator providing,
via email, an invitation for the individual to initiate the background
check process. The individual shall be required to respond within
five days of said email. If the invitation is not accepted within
five days, the Township Administrator shall place a phone call to
the individual reminding him or her as to their obligation to comply.
(3) In the event that the Township Administrator is unable to reach the
individual by phone, he shall arrange for the service of a written
notice, via certified and regular mail, to the individual reminding
him or her of their obligations to comply with the provisions of this
section.
(4) In the event that the individual being considered for appointment
fails to respond to the email, telephone and written notice within
five days from the date of the written notice, then that individual
will be deemed disqualified from service and will not be considered.
D. Background checks for existing volunteers.
(1) All persons serving in a volunteer position as of the effective date
of this section who would otherwise be required to comply with the
terms of this section prior to appointment shall be required to submit
to the background check described in this article upon receipt of
a request to do so from the Township Administrator. Failure to respond
to such request pursuant to the procedure outlined herein shall render
the individual disqualified from service and shall mandate the immediate
removal from the position.
(2) All such existing volunteers and members of any municipal board or
body must successfully complete the criminal background check described
herein within 30 days of the date of adoption of this section.
E. Notice to applicant. In the event that it is determined, by the Township
Administrator, that the applicant is ineligible for appointment based
upon the results of the background check, the Township Administrator
shall notify the applicant of such disqualification prior to any formal
denial of the applicant's application. The applicant shall, thereafter,
be provided with a period of five days from the date of such notice
in order to withdraw the application.
F. Confidentiality of information. All information received and results
of the background check shall remain confidential. Upon receipt of
the background check, the Township Administrator shall notify the
Township Committee that the person is disqualified without further
detail.
G. Emergency services applicability. Notwithstanding the provisions of this section, all members of the Fire Department and Ambulance Corps shall be subject to the provisions of Chapter
27, Article
I, entitled "Background Checks." Therefore, volunteers within the Fire Department and Ambulance Corps will be subject to the same background investigation as those individuals who applied for employment with the Township.
All new regular full-time and regular part-time employees will
be scheduled to meet with the Administrator and department head on
their first day for a general orientation. Copies of all forms and
acknowledgements must be returned to the Administrator for inclusion
in the employee's official personnel file. The orientation will include:
A. A tour of the appropriate facilities to acquaint the new employee
with overall operations as they relate to the specific position;
B. The completion of all pertinent personnel, payroll, insurance and
pension forms;
C. A review of the Employee Handbook and acknowledgement of receipt;
D. A review of the Personnel Policies and Procedures Manual if the employee
is a manager or supervisor and acknowledgement of receipt;
E. A safety orientation and acknowledgement; and
F. Arrangements for the new employee to complete required PEOSHA safety
training.
The Administrator, with the assistance of the municipal attorney,
shall draft an Employee Handbook for the approval of the Administrator.
A separate version of the handbook will be drafted for part-time and
seasonal employees, as well as for major bargaining groups, if appropriate.
Once approved, copies will be distributed and employees will be required
to sign an acknowledgement of receipt that will be placed in the official
personnel file. The handbook will be revised and redistributed whenever
there is a significant change in personnel practice or every two years.
Employees have the right to formally or informally report any
statement, act, or behavior by a co-employee, supervisor, elected
official or visitor that they believe to be improper.
A. Reporting. Employees should be asked to report complaints in writing
utilizing the employee complaint form, but are not compelled to do
so.
B. Identification/screening. The supervisor, department head, Administrator
or municipal attorney must report all written or verbal complaints
to the Administrator unless the complaint is against the Administrator.
Upon receipt, the Administrator will determine if the complaint was
made pursuant to the general antiharassment policy, the antisexual
harassment policy, the whistle blower policy, a grievance procedure
or is another form of complaint. A file will be established including
the written complaint, the investigation procedure followed and the
response action plan. As soon as possible, but no later than 10 days
after receiving the complaint, the Administrator or investigator appointed
by the Administrator will interview the employee. If the employee
is reluctant to sign a written complaint, the Administrator or investigator
will prepare written notes of the date, time and place of the complaint
and the specific allegations. These notes will be read back to the
employee who will be asked to affirm, preferably in writing, the information's
accuracy.
C. Investigation. The Administrator will seek the advice of the municipal
attorney when planning the investigation. The investigation should
be conducted by the municipal attorney or county prosecutor if it
involves potential criminal charges. The investigation should establish
the frequency and nature of the alleged conduct and whether the complaint
coincides with other employment events, such as a poor performance
evaluation. The investigation should also determine if other employees
were subjected to similar misconduct. It is important to protect the
rights of both the person making the complaint and the alleged wrongdoer.
D. Response plan: no corrective action required. The Administrator will
discuss the conclusions with the municipal attorney and render a decision
within 14 days after the investigation is complete. If the validity
of a complaint cannot be determined or the complaint is groundless,
the complaining employee should be notified in writing. Care should
be taken to avoid being too specific, confrontational or accusatory,
and to avoid any language that might be construed as defamatory. A
general statement is usually more appropriate that the claim was thoroughly
investigated, but could not be sufficiently documented or confirmed
to justify taking formal action. The employee should be assured that
future complaints will be investigated and that the Township of Rochelle
Park is committed to eliminating wrongful employment practices when
they are found to exist. If the investigation reveals that the complainant
intentionally and maliciously levied false charges against the alleged
wrongdoer, the complainant must be notified of the seriousness of
filing a false complaint, and the appropriate disciplinary penalty
under the circumstances, up to and including termination.
E. Response plan: corrective action required. If the investigation reveals
that the complaint is justified and substantiated, the Administrator
will formulate, with the advice of the municipal attorney, a corrective
action plan as well as possible disciplinary action. The complaining
employee will be notified, in writing that it appears that the complaint
was justified and an appropriate response plan has been formulated.
A copy of the response plan should be attached to the letter. The
response plan should provide for appropriate remedial action to prevent
a recurrence of the wrongful act or behavior.