[Ord. No. 12-97, § 1]
Unless otherwise provided by statute, ordinance, individual
contract or collective bargaining agreement, officers and employees
of the Borough are at will employees and may be terminated at any
time for cause or no cause. When cause is cited as a reason for disciplinary
action, such officer or employee shall be subject to several forms
of discipline, including but not limited to oral reprimand, written
reprimand, suspension from work, demotion, withholding of salary increases
and/or termination. All forms of discipline, with the exception of
oral reprimands, will be memorialized in writing, and a copy of this
writing will be placed in the officer's or employee's personnel
file. Although the Borough will normally engage in a system of progressive
discipline, officers and employees should be aware that they can be
terminated at any time.
[Ord. No. 12-97, § 1; No. 7-2011, § 22; Ord. No. 30-2018,
§§ 4, 5]
(a)
The following is an illustrative but not exhaustive list of actions
which could result in discipline, if a cause is in fact provided:
(1)
Being under the influence of alcohol or illegal drugs while
at work.
(2)
Insubordination (willful disobedience of an order).
(3)
Indecent, profane or harsh language.
(4)
Disrespect to a superior officer/employee.
(5)
Absence without authorized leave.
(6)
Lewdness or immoral or indecent conduct.
(7)
Excessive absenteeism, tardiness or absence without leave.
(8)
Inability to perform assigned duties.
(9)
Conviction of any criminal act or disorderly persons offense
that reflects adversely on the employee's ability to perform
the job for which he or she was hired, or a conviction as set forth
in N.J.S.A. 2C:51-2.
(10)
Conduct subversive of good order and discipline of the Borough.
(11)
Failure to report for assigned shifts or emergency duty.
(12)
Negligent or willful mishandling or destruction of Borough property
or equipment.
(13)
Use of Borough property or equipment without the appropriate
licensing requirements.
(14)
Conduct in violation of the Borough's antiharassment policy.
(15)
Use of Borough property for personal use, including but not
limited to the use of computers for instant messaging or other personal
business.
(16)
Violating the Borough policies and procedures governing the
use of procurement cards.
(17)
Falsification of public records, including attendance and other
personnel records.
(18)
Theft or attempted theft of property belonging to the Borough,
fellow employees, volunteers or visitors.
(19)
Unauthorized disclosure of confidential Borough information.
(20)
Violating any Borough rules or policies.
(21)
Other sufficient cause.
(b)
The Borough shall not be limited to the above causes for imposition
of disciplinary action.
[Ord. No. 12-97, § 1; No. 15-97, § 1]
The Borough Council believes that all employees should have
the right to direct access to the Borough Council in the resolution
of any complaint arising out of discipline received by an officer
or employee. Accordingly, upon receipt of a proposed disciplinary
action, the officer or employee may file an appeal thereto as outlined
herein.
(a)
Any officer or employee who is disciplined pursuant hereto shall
have the right to appeal the action directly to the Borough Council.
The appeal shall be in writing and shall be submitted to the Personnel
Director within five working days after the officer or employee receives
notice of the proposed disciplinary action. Failure to submit a written
appeal to the Personnel Director within five working days shall act
as a waiver of the appeal process, and the disciplinary action will
be final and binding.
(b)
The Borough Council may provide an officer or employee the opportunity
for a hearing before the Borough Council, or its designee, prior to
the imposition of "major discipline" which shall be defined as a fine
or suspension in excess of five days. If the employee seeks a public
hearing, he or she must submit a written request to the Personnel
Director no later than 72 hours in advance of the scheduled hearing.
(c)
The Borough Council, in its discretion, may designate one of its
standing committees or an independent person as hearing officer for
the purpose of conducting the disciplinary hearing. The hearing officer
shall, if appointed, submit a report and recommendation to the Borough
Council as an initial decision. The Borough Council may accept, reject
or modify the initial decision of the hearing officer.
(d)
The Borough Council's decision shall be final and binding on
all parties.
(e)
The provisions of this article shall not supersede any statutory
provisions, Borough rules and regulations or other ordinances governing
any of its departments as to disciplinary procedures. This article
shall not apply to employees of the Police Department, whether sworn
regular or special police officers or civilian employees.
