City of Woodbury, NJ
Gloucester County
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Table of Contents
Table of Contents
[Amended 9-27-2016 by Ord. No. 2253-16; 6-27-2017 by Ord. No. 2261-17]
A. 
The City is committed to the principle of equal employment opportunity and antidiscrimination pursuant to Title VII of the 1964 Civil Rights Act as amended by the Equal Opportunity Act of 1972 and the New Jersey Law Against Discrimination (LAD). Under no circumstances will the City discriminate, or tolerate discrimination, on the basis of sex, gender identity or expression, race, creed, color, religion, national origin, ancestry, age, marital or political status, affectional or sexual orientation, domestic partnership status, atypical heredity, cellular or blood trait, genetic information, disability (including AIDS or HIV infection), liability for service in the United States armed forces, and/or any other characteristic protected by law. 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, City Administrator, the Deputy Administrator or the Labor Counsel.
B. 
No official, employee, appointee or volunteer of the City of Woodbury by whatever title known, or any entity that is in any way a part of the City of Woodbury shall engage, either directly or indirectly in any act, including the failure to act, that constitutes discrimination, harassment or a violation of any person's constitutional rights while such official, employee, appointee volunteer, or entity is engaged in or acting on behalf of the City of Woodbury's business or using the facilities or property of the City of Woodbury.
A. 
Personnel Officer.
(1) 
The City has designated the City Administrator as its Personnel Officer. In the event that the City Administrator is unavailable to perform the responsibilities of this position as required pursuant to the terms of the municipality's employee manual either due to absence or a conflict of interest, then the Deputy Administrator shall be designated as the alternate Personnel Officer. If neither individual is able to perform the responsibilities, then employees are to be instructed that any member of the governing body is to be advised of a potential complaint of a suspected violation of municipal policy or procedure. The member of the governing body shall then contact the municipality's labor consultant, labor attorney or municipal attorney for the purpose of investigating the complaint and formulating the appropriate response plan.
(2) 
The Personnel Officer and alternate Personnel Officer shall be required to attend seminars and/or other instructional training dedicated to employment practice liability not less than annually and proof of attendance shall be maintained in the Personnel Officer's and alternate Personnel Officer's personnel file. In addition to the responsibilities set forth above and as otherwise identified in this manual, the Personnel Officer shall also be responsible for the following functions:
(a) 
Maintenance and security of all personnel files in accordance with the requirements of this manual.
(b) 
Maintenance and annual review of the municipality's employee manual.
(c) 
Distribution and posting of all employment related notices including, but not limited to, available employment, antidiscrimination and antisexual harassment notices distributed by the U.S. Department of Labor, New Jersey Department of Labor, New Jersey Division on Civil Rights, the Equal Employment Opportunity Commission and any other applicable New Jersey or federal agencies.
B. 
Labor Consultant. The municipality has also retained the services of the Labor Counsel to assist the Personnel Officer in the review, screening and investigative process for employee complaints of violations of the municipality's employment policies and procedures as established in the municipality's employee manual.
[Amended 5-29-2012 by Ord. No. 2162-12; 9-27-2016 by Ord. No. 2253-16]
A. 
In compliance with the Americans with Disabilities Act, the ADA Amendments Act and the New Jersey Law Against Discrimination, as amended by the New Jersey Pregnant Worker's Fairness Act (LAD), the City does not discriminate based on disability, pregnancy, pregnancy-related medical condition or childbirth. The City will endeavor to make every work environment handicap accessible, 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, as well as the ADA Amendments Act.
B. 
It is the policy of the City to comply with all relevant and applicable provisions of the Americans with Disabilities Act, the ADA Amendments Act and the LAD. We will not discriminate against any employee or job applicant with respect to any terms, conditions, or privileges of employment on the basis of a known or perceived disability, pregnancy, childbirth or pregnancy-related medical condition. We will also make reasonable accommodations to known physical or mental limitations of all employees and applicants with disabilities or who are pregnant, provided that the individual is otherwise qualified to safely perform the essential functions of the job and also provided that the accommodation does not impose undue hardship on the City.
C. 
The City Administrator shall engage in an interactive dialogue with disabled/pregnant employees and prospective disabled/pregnant employees, or with their respective physicians, to identify reasonable accommodations. All decisions with regard to reasonable accommodation shall be made by the City Administrator. Employees who are assigned to a new position as a reasonable accommodation will receive the salary for their new position.
D. 
The Americans with Disabilities Act does not require the City to offer permanent "light duty," relocate essential job functions, or provide personal-use items such as eyeglasses, hearing aids, wheelchairs, etc.
E. 
Employees should also offer assistance, to the extent possible, to any member of the public who requests or needs an accommodation when visiting City facilities. Any questions concerning proper assistance should be directed to City Administrator.
A. 
The City encourages employees with contagious diseases or life-threatening illnesses to continue their normal pursuits, including work, to the extent allowed by their condition. The City shall make reasonable accommodations to known physical and mental limitations of all employees, provided that the individual is otherwise qualified to safely perform the essential functions of the job and also provided that the accommodation does not impose an unreasonable hardship on the City.
B. 
The City will take reasonable precautions to protect such information from inappropriate disclosure, including the following:
(1) 
Medical information may be disclosed with the prior written informed consent of the person who is the subject of the information.
(2) 
Information may be disclosed without the prior written consent to qualified individuals for the purpose of conducting management audits, financial audits, and program evaluations, but these individuals shall not identify, either directly or indirectly, the person who is the subject of the record in a report or evaluation, or otherwise disclose the person's identity in any manner. Information shall not be released to these individuals unless it is vital to the audit or evaluation.
(3) 
Information may be disclosed to the Department of Health as required by state or federal law.
C. 
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.
D. 
The City has an obligation to provide a safe and healthy work environment for all employees. In an effort to balance the needs of the City, the public and the employees, the City hereby establishes the following policy regarding contagious or life threatening illnesses.
E. 
City employees who have been diagnosed with any illness which may pose a health hazard to other employees or to the public at large must disclose this information to the City Personnel Officer at the earliest possible time. The Personnel Officer or City Administrator shall consult with a physician, contracted by the City, in order to make a determination and assess the risks to any other employees and the public at large. The City may direct the employee to pursue one of the following options:
(1) 
Family leave.
(2) 
Sick leave.
(3) 
Vacation leave.
(4) 
Short-term disability, if the illness is anticipated to last a brief period of time.
(5) 
Unpaid leave of absence, if the employee has expended all other accrued time.
(6) 
Permanent disability, if the illness is permanent in nature and the employee qualifies under the appropriate state pension plan.
(7) 
Resignation, if the illness is of such a nature that the employee will be unable to return to work, has exhausted all other accumulated time and fails to qualify for disability benefits under any state pension plan.
F. 
Any employee who fails to make the required disclosure to the City Personnel Officer may be subject to disciplinary action including termination of employment.
A. 
The City will provide a safe and healthy work environment and shall comply with the Public Employees Occupational Safety and Health Act (PEOSHA). The City 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 City facilities, equipment or motor vehicles must also be immediately reported to the supervisor or department head.
B. 
The City has appointed a Safety Committee that meets on a regular basis to discuss and recommend solutions to safety problems. Employees are encouraged to discuss safety concerns with their Safety Committee Representative.
A. 
The City 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 City 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 City 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 City Administrator will decide if it is in the best interest of the City to approve a transitional duty request and will notify the employee of the decision. The City 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 City 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 City Administrator. If transitional duty is approved, the employee or workers' compensation physician must keep the City Administrator informed of the medical progress. (Employees assigned to transitional duty will be allotted time off to attend medical or physical therapy appointments but must request leave time for any other reason.) If at the end of transitional duty period the employee is not able to return to work without restrictions, the City 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 or other federal or state law.
A. 
The City recognizes that the possession or use of unlawful drugs and the abuse of alcohol pose a threat to the health and safety of all employees. Any employee who is observed by a supervisor or department head to be intoxicated or under the influence of alcohol or drugs during working hours or is under reasonable suspicion of same shall be immediately tested and is subject to discipline up to and including termination. The supervisor or department head will immediately report any reasonable suspicions to the City Administrator.
B. 
An employee will be required to submit to alcohol, drug or controlled substance testing when the employee's work performance causes a reasonable suspicion that that employee is impaired due to current intoxication, drug or controlled substance use, or in cases where employment has been conditioned upon remaining alcohol, drug, or controlled dangerous substance free following treatment. Refusal to submit to testing when requested may result in immediate disciplinary action, including termination. Supervisors or department heads that observe behavior constituting reasonable suspicion are required to institute testing and do not have the option of sending the employee home as an alternative.
C. 
The manufacturing, distribution, dispensation, possession, and use of alcohol or unlawful drugs on City premises or during work hours by employees are strictly prohibited.
D. 
Employees must notify their supervisor within five days of conviction for a drug- or alcohol-related violation, whether or not the violation occurred in the workplace.
E. 
Employees who are required to maintain a commercial driver's license (CDL) are subject to random drug testing as required by the federal government.
F. 
Employees using prescription drugs that may affect job performance or safety must notify the City Administrator who is required to maintain the confidentiality of any information regarding an employee's medical condition in accordance with the Health Insurance Portability and Protection Act. City 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 program to assist employees who may have a drug/alcohol problem is provided through the City's Employee Assistance Program.
G. 
No prescription drug should be used by any person other than the individual to whom it is prescribed. Such substances or nonprescription (over-the-counter) drugs should be used only as prescribed or indicated. Employees are prohibited from consuming prescription drugs that are not prescribed in their name on City property or while performing City business. Soliciting or distributing prescription drugs for or to other employees is also strictly prohibited.
A. 
The City 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 City property, at City events or under other circumstances that may negatively affect the City's ability to conduct business.
B. 
Prohibited conduct includes:
(1) 
Causing physical injury to another person;
(2) 
Making threatening remarks;
(3) 
Aggressive, hostile, or bullying 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 City property or while on City 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 City will actively intervene in any potentially hostile or violent situation.
A. 
It is the City's policy to prohibit harassment of an employee by another employee, management representative, supplier, volunteer, or business invitee on the basis of actual or perceived sex, race, creed, color, religion, national origin, ancestry, age, marital or political status, affectional or sexual orientation, gender identity or expression, domestic partnership status, atypical heredity, cellular or blood trait, genetic information, disability (including AIDS or HIV infection), liability for service in the United States Armed Forces, and/or any other characteristic protected by law. While it is not easy to define precisely what harassment is, it includes slurs, epithets, threats, derogatory comments, unwelcome jokes, teasing, and other similar verbal or physical conduct.
[Amended 6-27-2017 by Ord. No. 2261-17]
B. 
If an employee is witness to or believes to have experienced harassment, immediate notification of the supervisor or other appropriate person should take place. See the employee complaint policy.[1]
[1]
Editor's Note: See § A237-14.
C. 
Harassment of any employees, in connection with their work, by nonemployees may also be a violation of this policy. Any employee who experiences harassment by a nonemployee, or who observes harassment of an employee by a nonemployee, should report such harassment to the supervisor. Appropriate action will be taken against any nonemployee.
D. 
Notification of appropriate personnel of any harassment problem is essential to the success of this policy and the City generally. The City cannot resolve a harassment problem unless it knows about it. Therefore, it is the responsibility of all employees to bring those kinds of problems to attention of the appropriate officials so that steps are taken to correct them.
E. 
Violation of this harassment policy will subject employees to disciplinary action, up to and including immediate discharge.
[Amended 5-29-2012 by Ord. No. 2162-12]
A. 
It is the City's policy to prohibit sexual harassment of an employee by another employee, management representative, supplier, volunteer, or business invitee. The City prohibits sexual harassment from occurring in the workplace or at any other location at which City-sponsored activity takes place. Sexual harassment of nonemployees by our employees is also prohibited. The purpose of this policy is not to regulate personal morality or to encroach upon one's personal life, but to demonstrate a strong commitment to maintaining a workplace free of sexual harassment.
[Amended 4-22-2014 by Ord. No. 2202-14]
B. 
Unwelcome sexual advances, requests for sexual favors and other verbal, physical or visual conduct of a sexual nature constitute harassment when:
(1) 
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
(2) 
Submission to or rejection of such conduct by an individual is used as the basis for an employment decision affecting the individual; or
[Amended 4-22-2014 by Ord. No. 2202-14]
(3) 
Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment.
C. 
Regarding unwelcome sexual advances toward nonemployees, requests for sexual favors and other verbal, physical or visual conduct of a sexual nature constitute harassment when:
(1) 
Submission to such conduct is made either explicitly or implicitly in exchange for a benefit;
(2) 
Submission to or rejection of such conduct by an individual is used as the basis for a decision affecting the individual; or
(3) 
Such conduct has the purpose or effect of unreasonably interfering with an individual's activities or creating an intimidating, hostile or offensive environment.
D. 
Sexual harassment may include unwanted sexual advances; offering employment benefits in exchange for sexual favors; visual conduct (leering, making sexual gestures, displaying of sexually suggestive objects or pictures, cartoons or posters); verbal sexual advances, propositions or requests; verbal abuse of a sexual nature; graphic verbal commentaries about an individual's body; sexually degrading words used to describe an individual; suggestive or obscene letters, caricatures or representations of persons using electronically or physically altered photos, drawings, or images; notes or invitations; and/or physical conduct (touching, assault, impeding or blocking movements).
E. 
If an employee is witness to or believes that the employee has experienced sexual harassment, he/she must immediately notify his/her supervisor or other appropriate person. See the Employee Complaint Policy.[1]
[1]
Editor's Note: See § A237-14.
F. 
Harassment of City employees, in connection with their work, by nonemployees may also be a violation of this policy. Any employee who experiences harassment by a nonemployee, or who observes harassment of an employee by a nonemployee, should report such harassment to his/her supervisor. Appropriate action will be taken against any nonemployee.
G. 
Notification by employee to appropriate personnel of any harassment problem is essential to the success of this policy and the City generally. The City cannot resolve a harassment problem unless it is reported. Therefore, it is the responsibility of all employees to bring those kinds of problems to the attention of management so that steps are necessary to correct them.
H. 
Violation of this sexual harassment policy will subject employees to disciplinary action, up to and including immediate discharge.
A. 
Employees have the right under the Conscientious Employee Protection Act (CEPA) to complain about any activity, policy or practice that the employees reasonably believe is in violation of a law, rule, or regulation promulgated pursuant to law without fear of retaliation or reprisal. This right shall be communicated to all employees in an annual letter outlining the specific employee complaint procedure and in a posted notice. A written acknowledgement that the employee received, read, and understood this letter will be included in the employee's official personnel file. The annual notice shall be in English and Spanish and must contain the name of the person who is designated to receive written notification of policies or practices that might violate CEPA. This right will also be communicated in the Employee Handbook. All complaints will be taken seriously and promptly investigated.
[Amended 4-22-2014 by Ord. No. 2202-14]
B. 
The City 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 City Administrator, other official or to a public body, as defined in the Conscientious Employee Protection Act (N.J.S.A. 34:19-1 et seq.) 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 City Administrator. However, disclosure is not required where the employee is reasonably certain that the violation is known to one or more officials; where the employee reasonably fears physical harm; or the situation is emergency in nature. Employees are encouraged to complain in writing using the Employee Complaint Form. See employee complaint policy.[1] Under the law, the employee must give the City a reasonable opportunity to correct the activity, policy or practice. The administration of whistleblower complaints is not subject to the limitations in the grievance policy.
[1]
Editor's Note: See § A237-14.
A. 
Employees who observe actions they believe to constitute harassment, sexual harassment, or any other workplace wrongdoing should immediately report the matter to their supervisor, or, if they prefer, or do not think that the matter can be discussed with their supervisor, they should contact the department head, the City Administrator, the Deputy Clerk or the Labor Counsel. Reporting of such incidents is encouraged both when an employee feels that he or she is subject to such incidents, or observes such incidents in reference to other employees. Employees should report incidents in writing using the Employee Complaint Form, but may make a verbal complaint at their discretion. If the employee has any questions about what constitutes harassment, sexual harassment, or any other workplace wrongdoing, they may ask their supervisor or one of the individuals listed above. All reports of harassment, sexual harassment, or other wrongdoing will be promptly investigated by a person who is not involved in the alleged harassment or wrongdoing.
B. 
No employee will be penalized in any way for reporting a complaint. There will be no discrimination or retaliation against any individual who files a good faith harassment complaint, even if the investigation produces insufficient evidence to support the complaint, and even if the charges cannot be proven. There will be no discrimination or retaliation against any other individual who participates in the investigation of a complaint.
C. 
If the investigation substantiates the complaint, appropriate corrective and/or disciplinary action will be swiftly pursued. Disciplinary action up to and including discharge will also be taken against individuals who make false or frivolous accusations, such as those made maliciously or recklessly. Actions taken internally to investigate and resolve harassment complaints will be conducted confidentially to the extent practicable and appropriate in order to protect the privacy of persons involved. Any investigation may include interviews with the parties involved in the incident, and if necessary, with individuals who may have observed the incident or conduct or who have other relevant knowledge. The complaining employee will be notified of a decision at the conclusion of the investigation within a reasonable time from the date of the report an incident.
D. 
The conduct or actions of supervisors intended to provide employee discipline, such as deficiency notices, performance evaluations, oral warnings, reprimands or other supervisory actions intended to promote positive performance, by themselves, do not constitute harassment.
A. 
A grievance is any formal dispute concerning the interpretation, application and enforcement of any personnel policy or procedure of the City. 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 1: Any employee or group of employees with a grievance shall in writing communicate the grievance to the supervisor or department head who will discuss the matter with the City Administrator and the City Administrator. The supervisor or department head will communicate in writing the decision to the employee within two working days.
[Amended 4-22-2014 by Ord. No. 2202-14]
(2) 
Step 2: If the employee is not satisfied with the decision, the employee must submit a written grievance to the City Administrator detailing the facts and the relief requested. The decision in Step 1 will be deemed final if the employee fails to submit a written grievance within five days working days of the Step 1 decision. After consulting the City Administrator and the Labor Counsel as appropriate, the City Administrator will render a written decision to the employee within five working days after receipt of the written grievance.
B. 
These limitations do not apply to employee complaints made under the general antiharassment policy, the anti-sexual harassment policy or the whistleblower policy.
The official personnel file for each employee shall be maintained by the City 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 City Administrator upon reasonable notice.
A. 
Employees, including City 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 City. Violations of this policy will result in appropriate discipline, including termination.
B. 
The City recognizes the right of employees to engage in outside activities that are private in nature and unrelated to City business. However, business dealings that appear to create a conflict between the employee and the City's interests are unlawful under the New Jersey Local Government Ethics Act.[1] Under the Act, certain employees and officials are required to annually file with the City Clerk a state-mandated disclosure form. The City Clerk will notify employees and City officials subject to the filing requirements of the Act.
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.
C. 
A potential or actual conflict of interest occurs whenever an employee, including a City official, is in a position to influence a City 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 City 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 City Administrator or the City Solicitor to obtain clarification.
D. 
Employees are allowed to hold outside employment as long as it does not interfere with their City responsibilities. Employees are prohibited from engaging in outside employment activities while on the job or using City time, supplies or equipment in the outside employment activities. The City Administrator may request employees to restrict outside employment if the quality of City work diminishes. Any employees who holds an interest in, or is employed by, any business doing business with the City must submit a written notice of these outside interests to the City Administrator.
E. 
Employees may not accept donations, gratuities, contributions or gifts that could be interpreted to affect their City duties. Under no circumstances may an employee accept donations, gratuities, contributions or gifts from a vendor doing business with or seeking to do business with the City or any person or firm seeking to influence City decisions. Meals and other entertainment valued in excess of $25 are also prohibited. Employees are required to report to the City Administrator any offer of a donation, gratuity, contribution or gift including meals and entertainment that is in violation of this policy.
F. 
Contributions and honorariums.
(1) 
Speeches and presentations which are related to City services delivered by City employees to community and professional organizations are made without charge. If an organization wishes to give an honorarium or contribution for such a presentation, the remuneration must be made to the City, not to the individual employee.
(2) 
An honorarium or contribution for a speech or other presentation made by a City employee to a group outside the City, either during working time or for which the City provided travel expenses, will also be made to the City.
(3) 
Such contributions and honorariums shall be turned over to the Chief Financial Officer for disposition.
G. 
Solicitations.
(1) 
With the exception of United Way (GCPECC) and other City-approved activities, peddling or soliciting for sale or donation of any kind on City premises during normal working hours is not allowed.
(2) 
Working hours include the working time of both the employee doing the soliciting or distributing, and the employee to whom such activity is directed.
(3) 
Employees are free to discuss these matters before or after normal working hours, and during lunch or rest periods in non-work areas.
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 City time, supplies or equipment in any political activity. Any violation of this policy must be reported to the supervisor, department head, City Administrator, Deputy Clerk or the City Solicitor.
A. 
Prohibited activities during working hours. An employee shall be subject to discipline up to and including immediate dismissal for violation of these provisions:
(1) 
No officer or employee shall, while on duty during an assigned work shift as an employee of the City:
(a) 
Request or solicit contributions or anything of value for any political candidate or cause.
(b) 
Participate in any political campaign by:
[1] 
Speaking in favor of any candidate or cause.
[2] 
Distributing literature.
[3] 
Picketing or demonstrating on behalf of or in opposition to any political candidate or cause.
[4] 
Organizing, planning or in any other way participating in the administration of any political campaign.
(2) 
No officer, employee or volunteer shall, while on duty and/or in the uniform of the City, or while in or operating any City vehicle, display any badge, button, sign or sticker promoting or opposing any political cause or candidate.
(3) 
No officer or employee of the City shall use public funds, property, or any other instrumentality or thing of value belonging to the City to promote or oppose any political cause or candidate.
(4) 
Nothing in this policy shall be interpreted to prohibit an employee:
(a) 
From stating any opinion regarding any political issue in ordinary conversation during working hours providing that such a conversation does not interfere with the employee's assigned job duties.
(b) 
Who does not have direct citizen contact from wearing a pin or button promoting or opposing any cause or candidate.
B. 
Coercion or intimidation of public employees. No officer or employee of the City shall use his/her public office or employment for the purpose, or with the effect of:
(1) 
Coercing or intimidating any City employee or employees with respect to contributing to, opposing or promoting, or refraining from contributing to, opposing or promoting any political cause or candidate.
(2) 
Obtaining a benefit as a result of any political activity by:
(a) 
Intentionally committing an unauthorized act under color of law.
(b) 
Intentionally refraining from performing a duty imposed upon him by law.
The department head will complete a written evaluation and appraisal form for every employee to measure progress and to encourage self-improvement at least once 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 City Administrator. After review by the City 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 City Administrator.
A. 
An employee may be subject to discipline for any of the following reasons:
(1) 
Falsification of public records, including attendance and other personnel records.
(2) 
Failure to report absence.
(3) 
Harassment of coworkers and/or volunteers and/or visitors.
(4) 
Theft or attempted theft of property belonging to the City, fellow employees, volunteers or visitors.
(5) 
Failure to report to work day or days prior to or following a vacation, holiday and/or leave, and/or any other unauthorized day of absence.
(6) 
Fighting on City property at any time.
(7) 
Being under the influence of intoxicants (e.g., liquor) or illegal drugs (e.g., cocaine or marijuana) on City property and at any time during work hours.
(8) 
Possession, sale, transfer or use of intoxicants or illegal drugs on City property and at any time during work hours.
(9) 
Insubordination.
(10) 
Entering the building without permission during nonscheduled work hours.
(11) 
Soliciting on City premises during work time. This includes but is not limited to distribution of literature or products or soliciting membership in fraternal, religious, social or political organizations, and/or sales of products, such as those from Avon, Amway, etc.
(12) 
Careless waste of materials or abuse of tools, equipment or supplies.
(13) 
Deliberate destruction or damage to City or suppliers' property.
(14) 
Sleeping on the job.
(15) 
Carrying weapons of any kind on City premises and/or during work hours, unless carrying a weapon is a function of your job duties.
(16) 
Violation of established safety and fire regulations.
(17) 
Unscheduled absence, and chronic or excessive absence.
(18) 
Chronic tardiness.
(19) 
Unauthorized absence from work area, and/or roaming or loitering on the premises, during scheduled work hours.
(20) 
Defacing walls, bulletin boards or any other City or supplier property.
(21) 
Failure to perform duties, inefficiency or substandard performance.
(22) 
Unauthorized disclosure of confidential information.
(23) 
Gambling on City premises.
(24) 
Horseplay, disorderly conduct and use of abusive and/or obscene language on City premises.
(25) 
Deliberate delay or restriction of your work effort, and/or incitement of others to delay or restrict their work effort.
(26) 
Conviction of a crime or disorderly persons offense.
(27) 
Violating any City rules or policies.
(28) 
Conduct unbecoming a public employee.
(29) 
Violation of City policies, procedures and regulations.
(30) 
Violation of federal, state or City laws, rules, or regulations concerning drug and alcohol use and possession.
(31) 
Misuse of public property, including motor vehicles.
(32) 
Unauthorized use of computers, Internet, and e-mail.
(33) 
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. In every case involving employee discipline, employees will be provided with an opportunity to respond to charges either verbally or in writing.
C. 
In cases of employee misconduct, the City believes in corrective action for the purpose of correcting undesirable behavior and preventing a recurrence of that behavior. The corrective action taken will be related to the gravity of the situation, the number and kind of previous infractions and other circumstances. In every case, employees will be given an opportunity to state the situation from their point of view.
D. 
In order to correct undesirable behavior, supervisors and managers may utilize the following corrective tools: verbal reprimand; City Administrator review; written reprimand; suspension; fines, and, dismissal. At the discretion of City, action may begin at any step, and/or certain steps may be repeated or bypassed, depending on the severity and nature of the infraction and the employee's work/disciplinary record.
E. 
Neither this manual nor any other City guidelines, policies or practices create an employment contract. Employment with City may be terminated at any time with or without cause or reason by the employee or City.
A. 
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 City 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.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DISABILITY RETIREMENT
Termination necessitated by an injury or illness which renders the employee incapable of performing his/her usual job. The termination is preceded by a ruling by the appropriate Board of Pensions (PERS or PFRS) verifying the disability and approving the retirement.
DISCHARGE
Termination of an employee by the City. Refer to the policy on disciplinary action.
EMPLOYEE-INITIATED RESIGNATION
Voluntary termination for any reason other than formal retirement. An employee wanting to leave the City in good standing shall provide a written resignation to his/her immediate supervisor at least 14 calendar days prior to the effective date of resignation. The resignation letter should include the reason for leaving as well as the proposed effective date. Two weeks notice is understood to mean that the resigning employee will be available for work during this time so as to aid in the training of a replacement. Failure to provide two weeks' advance notice may result in a forfeit of accumulated vacation or personal leave time. Exceptions to the time limit requirement may be granted by the Personnel Officer.
LAYOFF
Termination of an employee by the City for lack of work, lack of funds, or other changes that have taken place. A reduction in force is accomplished in accordance with labor contracts; however, work schedules should be planned to keep periodic or recurring layoffs to a minimum. In layoff, recall and filling regular job vacancies, the City shall give equal consideration to an employee's ability and performance of the duties required in the job and consideration to an employee's length of continuous service with the City in the classification. In applying this provision, where qualifications, experience and performance are equal, seniority shall govern.
PROBATIONARY TERMINATION
Discharge of an employee during the established probationary (introductory employment) period, usually for the inability to meet position/department requirements. A probationary termination occurs only after the supervisor's consultation with the Personnel Officer.
SERVICE RETIREMENT
Voluntary termination after having satisfied the age and length of employment requirements of the State of New Jersey Public Employees Retirement System or Police and Fire Retirement System.
SUPERVISOR-INITIATED RESIGNATION
Termination requested by the supervisor which permits the employee to resign in lieu of being discharged. A termination of this type occurs only after the supervisor's consultation with the Personnel Officer. An evaluation of the circumstances is conducted, including reasons for the request, supporting documentation, and alternatives. Guidelines are similar to those for discharge.
The City may institute layoff actions for economy, efficiency or other related reasons, but will first consider voluntary alternatives. Seniority, lateral or other re-employment rights for employees will be determined by the City Administrator.
A. 
Any employee whose work requires that the operation of City vehicles must hold a valid New Jersey State Driver's License.
B. 
All new employees who will be assigned work entailing the operating of a City vehicle will be required to submit to a Department of Motor Vehicles driving records check as a condition of employment. A report indicating a suspended or revoked license status may be cause to deny or terminate employment.
C. 
Periodic checks of employee's drivers' licenses through visual and formal Department of Motor Vehicles review checks shall be made by department heads or Division Supervisors. Any employee who does not hold a valid driver's license will not be allowed to operate a City vehicle until such time as a valid license is obtained.
D. 
Any employee performing work which requires the operation of a City vehicle must notify the immediate supervisor in those cases where a license is expired, suspended or revoked and/or who is unable to obtain an occupational permit from the State Department of Licensing. An employee that fails to report such an instance is subject to disciplinary action, including demotion or termination. An employee who fails to immediately report such revocation or suspension to their supervisor and continues to operate a City vehicle shall be subject to possible termination.
E. 
Any information obtained by the City in accordance with this section shall be used by the City only for carrying out its lawful functions and for other lawful purposes in accordance with the Driver's Privacy Protection Act (18 U.S.C. § 2721 et seq.)
A. 
The City currently recognizes the following unions as the exclusive bargaining representative for the designated employees of the following bargaining units:
(1) 
Public Works: Local No. 1360 United Food and Commercial Workers Union.
(2) 
Police: PBA Local 122.
(3) 
Fire: FMBA Local 62.
B. 
All City employees have a right to belong to an appropriate bargaining unit unless they are exempt as defined by law, or exclusion by union contracts. Additional conditions of membership are described in each labor contract.
C. 
Each bargaining unit separately negotiates contracts for its employees with the City. Wages, benefits and conditions of employment of union employees will be provided as specified in the respective labor agreement. Employees are not granted time off with pay to perform union activities unless specifically provided for in the labor agreement. City equipment and facilities are not to be used for union activity unless specifically provided for in the labor agreement or unless approved by the City Council on a one-time basis.