Discussions by the governing body or anybody of the Township
of Ocean concerning appointment, termination, terms and conditions
of employment, performance evaluation, promotion or discipline of
any current or prospective officer or employee shall be in closed
session, with the right of the employee to be present, unless the
individual requests in writing that the discussion be held in open
session. Such request must be granted. Prior to the discussion by
the governing body or anybody of the Township of Ocean concerning
such matters, the Clerk shall notify the affected person(s) of the
meeting date, time and place, the matters to be discussed and the
person's right to request that the discussion occur in open session.
In the event more than one person is affected by the discussion and
one of the affected persons does not request that the discussion be
in open session, then the discussion shall be in closed session.
All new regular full-time and regular part-time employees will
be scheduled to meet with the Administrator/Municipal Clerk, and department
head on their first day for a general orientation. Copies of all forms
and acknowledgements must be returned to the Municipal Clerk 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. The Employee Complaint Policy letter and acknowledgement;
F. A safety orientation and acknowledgement; and
G. Arrangements for the new employee to complete required PEOSHA safety
training.
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/Municipal
Clerk, Township Attorney, or Labor Attorney must report all written
or verbal complaints to the Administrator/Municipal Clerk unless the
complaint is against the Administrator/Municipal Clerk. Upon receipt,
the Administrator/Municipal Clerk will determine if the complaint
was made pursuant to the General Anti-Harassment Policy, the Anti-Sexual
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/Municipal Clerk or
investigator appointed by the Township of Ocean Committee will interview
the employee. If the employee is reluctant to sign a written complaint,
the Administrator/Municipal Clerk 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/Municipal Clerk will seek the advice
of the Township Attorney when planning the investigation. The investigation
should be conducted by the Township 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/Municipal
Clerk will discuss the conclusions with the Township Attorney, or
Labor 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 Ocean 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/Municipal
Clerk will formulate with the advice of the Township Attorney, or
Labor 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.
[Added 2-9-2017 by Ord.
No. 2017-1]
A. As a small municipality, the Township at times employs more than
one member of an individual family in different capacities within
the municipality. The Township Committee wishes to ensure that conflicts
of interest do not arise as a result of such family relationships
with respect to disciplinary or administrative responsibilities. The
purpose of this section is to ensure that individual family members
do not have any supervisory control over an immediate family member
or other relative.
B. Definition. "Immediate family member" shall include a spouse, sibling,
child, stepchild, niece, nephew, parent or grandparent of the Township
employee, whether residing in the employee's home or not.
C. Prohibition. Any employee of the Township of Ocean shall not exercise
any supervisory control concerning complaints involving disciplinary
proceedings which may arise with respect to an immediate family member
as defined herein. In any situation where a potential conflict of
interest could exist with respect to day-to-day job duties, or with
respect to complaints and/or disciplinary proceedings relating to
an immediate family member, the employee holding a supervisory position
shall recuse themselves from any involvement with respect to such
complaint or disciplinary proceeding. In such situations, the next
highest ranking supervisor shall address the complaint or disciplinary
proceeding, and if no such senior supervisory position exists, then
the Committee member who is designated as the liaison to the department
in question shall serve in that capacity.