Borough of Bound Brook, NJ
Somerset County
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Table of Contents
Table of Contents
[Editor's Note: The power of a Borough to establish personnel policies is derived from N.J.S.A. 40:11-1 et seq., Officers and Employees.]
[1967 Code § 3-1.1]
There is hereby established a Personnel Office under the general supervision of the Borough Clerk who shall be responsible to the Mayor and Council to establish and maintain all personnel records and administer such other phases of the Borough's personnel program as the Mayor and Council shall determine.
[1967 Code § 3-2.1]
The Personnel Office, subject to the approval of the Borough Council, shall conduct the recruitment of all necessary personnel.
[1967 Code § 3-2.2]
Applicants seeking employment shall complete a standard application form as provided by the Borough and shall pass a complete physical examination to be given by the Borough's Physician before starting work. A report of the Physician's findings shall be on a standard form to be provided by the Borough.
[1967 Code § 3-2.3]
It shall be the Personnel Office responsibility to determine by the Borough Physician's report, the applicant's history and other tests prepared by the Personnel Office whether the applicant has the necessary qualifications for performing the duties required before approving employment of the job applicant.
[1967 Code § 3-2.4]
The Personnel Office shall refer to the Borough Council a complete list of the tentatively selected applicants, together with their respective application forms, medical examination forms and other appropriate papers, for the Council's final review and approval. The Council may then select the necessary personnel from the list referred to them by the Personnel Office.
[1967 Code § 3-2.5]
The Borough Council shall determine such age and residency requirements as are deemed appropriate for the particular job to be filled.
[1967 Code § 3-2.6]
The Personnel Office shall be authorized to conduct and order criminal history background checks for any and all applicants for employment or volunteers applying to the Borough. This will include the authority to conduct criminal history name search identification checks and/or fingerprint identification checks as authorized by N.J.S.A. 53:1-20.6 and N.J.A.C. 13:59-1.2. Any and all information obtained will be utilized only for the purposes of evaluating applicants and their abilities to quality for employment or volunteer service.
[1967 Code § 3-3]
Each new employee shall serve a probationary period of six months. At the completion of the third and sixth months of service, the probationary employee's Department Head or supervisor shall prepare a written evaluation of the employee's performance in which the Department Head or supervisor shall recommend retention or dismissal of the probationary employee. These reports shall be submitted to the personnel committee for their review. If at the end of six months the probationary employee shall have been deemed to have successfully completed his probationary period by the Personnel Office, the employee shall be granted status as a regular employee. If, however, at the conclusion of the probationary period, the employee shall not have been deemed to have successfully completed the probationary period, the employee shall be dismissed. Nothing contained in this section shall be construed so as to prohibit the dismissal of a probationary employee at any time during the probationary period if, in the judgment of the Personnel Office, such action would be in the best interest of the Borough.
[1967 Code § 3-4.1]
Unless a Department, or certain jobs within a Department, are regularly assigned a greater or lesser number of hours per work week, the normal week of the Borough is a five day, forty-hour week, except in case of an emergency as determined by the Department or office supervisor or Mayor. The regular work week is considered to start on Monday and end on Friday.
[1967 Code § 3-4.2]
Department of office supervisors shall, subject to the approval of the Borough Council, establish a normal work day specifically designating the starting time, the quitting time and the lunch period, which times shall be strictly adhered to by Borough employees.
[1967 Code § 3-4.3]
Accurate and complete daily attendance records shall be maintained by each department and office, and each shall file a daily absentee or termination report with the Personnel Office. Each Department Head or office supervisor shall report on such matters in the manner and at such time as the Borough Council may prescribe. In any case, all information on attendance shall be transmitted to the Personnel Office on forms as may be prescribed by that office.
[1967 Code § 3-5.1]
Overtime work shall be kept to a minimum and, except in cases of emergency, must be authorized in advance by the Department Head or office supervisory. The reason for the overtime shall be noted and certified by the Department Head or office supervisor and forwarded to the Personnel Office.
[1967 Code § 3-5.2]
Overtime pay shall be at the rate of 1 1/2 times the normal hourly rate, and shall be paid to all full-time Borough employees for all work performed in excess of 40 hours in any work week; unless an employee's regular assigned work week is in excess of 40 hours, in which case overtime pay shall be based on hours worked over the regular assigned work week. However, when an employee works a prescribed work week in less than 40 hours, overtime pay shall be computed at the normal hourly rate for that position up to 40 hours, after which the 1 1/2 provision shall take effect. In computing overtime compensation, the nearest one-half hour shall be the smallest fraction of an hour to be reported.
[1967 Code § 3-5.3]
A monthly report of all overtime work shall be rendered to the Borough Council by the Personnel Office.
[1967 Code § 3-5.4; Ord. No. 02-14 § 1; Ord. No. 2008-15]
Any officer assigned to traffic control or special functions under the various sections of the Borough Ordinances or performing work on any and all other outside assignments will be compensated directly from the Borough at their regular overtime rate. The Borough shall be paid directly from the individual, corporation or entity requesting such special services and will, from such funds, compensate the officers for the time expended in this service. The Borough shall also be entitled to collect an administrative fee of 20% of any total bill for the processing of these payments. Additionally, if police vehicles are utilized in providing such services a fee of $9 per vehicle per hour shall be paid to the Borough by the individual, corporation or entity requesting such services.
[1967 Code § 3-6.1]
Holidays to be observed without loss of pay are New Year's Day, Martin Luther King Day, Presidents' Day, Good Friday, Memorial Day, Independence Day, Labor Day, General Election Day, Columbus Day, Veterans' Day, Thanksgiving Day, day after Thanksgiving, Christmas Day and one-half day New Year's Eve.
[1967 Code § 3-6.2]
Each employee who is required to work on a holiday shall be eligible for a commensurate amount of time off at such time as his department or office head may determine, provided that such time off is taken during the current year. If compensatory time off is not practicable, the employee shall be compensated by straight time payment for the holiday in addition to his regular payment for working.
[1967 Code § 3-6.3]
When an official holiday falls on Sunday, the following Monday shall be observed as an official holiday for that year. When an official holiday falls on Saturday, the preceding Friday shall be observed as an official holiday for that year.
[1967 Code § 3-6.4]
Temporary, part-time or seasonal employees shall not receive compensatory time or pay for holidays.
[1967 Code § 3-7.1]
Full-time employees paid on an annual salary basis or on an hourly basis shall be granted vacation leave with pay each year in accordance with the following schedule:
a. 
For full-time service of at least six months, but less than one year: one work week.
b. 
For full-time service of at least one year, but less than 10 years: two work weeks.
c. 
For full-time service of at least 10 years, but less than 20 years: three work weeks.
d. 
For full-time service of at least 20 years, and over: four work weeks.
[1967 Code § 3-7.2]
Supervisors shall schedule vacations, giving due consideration to the services and staff required to perform the necessary duties of the Department. A vacation schedule shall be posted on or before May 15th of each year. The supervisors shall submit a copy of the vacation schedule to the Borough Council for their review and approval prior to May 1st of each year. Insofar as possible, the employees with the longest continuous service shall have preference in the assignment of vacation periods.
Vacation leave shall not be cumulative and must be used in the current year or deemed waived. (1967 Code § 3-7.3)
[1967 Code § 3-8.1]
All full-time salary or hourly employees with 120 or more days of service in each municipal year shall be entitled to receive pay during unavoidable absence from duty due to sickness or accident as follows:
Length of Service
Full Pay
One-half Pay
4 months and less than 1 year
1 week
1 year and less than 3 years
2 weeks
3 years and less than 6 years
2 weeks
2 weeks
6 years and less than 10 years
3 weeks
1 week
10 years of more
4 weeks
[1967 Code § 3-8.2]
The Borough shall make available to each full-time Borough employee a disability plan which shall establish a maximum amount of compensation for each participating employee. Every employee shall have the option of participating in the disability plan, and the cost of the plan shall be equally divided between the Borough and the participating employee. Any payments received by an employee under the Workman's Compensation Act or under the disability plan shall be deducted from allowed sick pay under Subsection 9-8.1, the employee shall retain any payments received under the Workman's Compensation Act or under the disability plan up to an amount equal to 1/2 of the employee's pay. Any payments received by an employee under the Workman's Compensation Act or under the disability plan shall be retained in full following the expiration of allowed sick leave. There shall be no extension of sick leave beyond the maximum allowed in Subsection 9-8.1 Any employee not participating in the disability plan shall not be entitled to any extension of sick leave nor any additional sick pay beyond the maximum allowed in Subsection 9-8.1.
[1967 Code § 3-8.3]
Sick leave pay shall not be allowed under the following conditions:
a. 
If the employee, when under medical care, fails to carry out the orders of the attending physician.
b. 
If, in the opinion of the Borough Physician, the employee is ill or disabled as a result of his own misconduct or negligence.
c. 
If, in the opinion of the Borough Physician, the disability or illness is not of sufficient severity to justify the employee's absence from work.
d. 
If, in the opinion of the Borough Physician, the employee on sick leave can be assigned to other temporary work of a dissimilar nature than his regular job and the employee refuses to perform the same.
e. 
If the employee is not cooperative with the Borough Physician and permit examination at the Borough's convenience relative to his return to work.
[1967 Code § 3-8.4]
In all cases of illness or disability, the Borough reserves the right to send the Borough Physician to examine and report on the condition of the employee.
[1967 Code § 3-8.5]
Every absence on account of illness or disability in excess of three work days must be certified by a written statement of the attending physician using the form provided by the Borough for that purpose. During protracted periods of illness or disability, the Borough may require interim reports on the condition of the employee, at weekly or biweekly periods, from the attending physician.
[1967 Code § 3-8.6]
Nothing contained in this section shall be considered to be in derogation or restrictive of any statute now in effect limiting the period during which Borough employees may be compensated for leave on account of disability or illness, but these provisions are to be construed and administered in conjunction therewith.
[1967 Code § 3-9.1]
Whenever an employee has a complaint or grievance relating to his employment, he shall first present it verbally to his supervisor. It shall be the responsibility of the supervisor to arrange a mutually satisfactory settlement of the grievance within the authority permitted him. The supervisor must conclude a mutually satisfactory solution to the grievance within 48 hours of the time it was first presented to him or, failing in that, he must prior to the end of that time advise the employee of his inability to do so.
[1967 Code § 3-9.2]
When an employee is informed by his supervisor that the supervisor cannot arrange a satisfactory solution to the grievance, the employee may, if he wishes, present the grievance to a higher authority. The employee shall prepare a statement of his grievance in writing in duplicate. The statement shall set forth the grievance and the grounds upon which it is based as completely and as clearly as possible. One copy of the statement shall be immediately transmitted by the employee to the Personnel Office, and the other copy shall be filed with the head of the employee's department. The Department Head shall, within 24 hours after receipt of the statement, make a report in writing to the Personnel Office setting forth the facts and events which led up to the filing of the statement of grievance, including any answer he may previously have given to the employee concerning the grievance.
[1967 Code § 3-9.3]
The Personnel Committee shall consider and formally act on the grievance subject to final review by the Borough Council. No grievance shall be heard or considered by the Council which has not passed through the above described steps.
[1967 Code § 3-9.4]
If the employee is dissatisfied with the decision of the Personnel Office, the employee may file a notice of appeal with the Borough Clerk within 48 hours of the decision, requesting that the Borough Council consider and formally act on his grievance-complaint.
[1967 Code § 3-9.5]
This section shall not apply to grievances arising out of the suspension of an employee. Such grievances shall be reported directly to the Borough Council and shall be heard by the Council without first being acted upon by the Personnel Office.
[1967 Code § 3-10.1]
An employee who has acquired permanent status may be disciplined by any of the following actions which are stated in order of severity for the causes stated in this section by a Department Head or the Borough Council, except that no employee shall be dismissed without the approval of the Council.
a. 
Informal, verbal reproof.
b. 
Written reproof.
c. 
Suspension from duty.
d. 
Dismissal.
[1967 Code § 3-10.2]
The causes for which disciplinary action may be invoked are the following:
a. 
Neglect of duty.
b. 
Incompetency, inefficiency or incapacity due to mental or physical disability.
c. 
Insubordination or serious breach of discipline.
d. 
Intoxication while on duty.
e. 
Commission of a criminal act.
f. 
Disobedience of a rule or regulation of the Borough.
g. 
Conduct unbecoming a public employee.
[1967 Code § 3-10.3]
Prior to disciplining any employee under the provisions of this section, the Head of the employee's Office or Department shall notify the employee that disciplinary action is about to be taken against him, and shall indicate the nature of the action and the reasons for it. Upon receipt of the notice, any employee, other than a probationary employee, shall have the right to request a hearing before the Mayor and Council. The request shall be made in writing and shall be filed with the Borough Clerk within seven days after the employee receives notice of the proposed disciplinary action. As far as possible, hearings shall be held before any disciplinary action is actually taken, but this shall not prevent the suspension of any employee without a hearing if it is determined that circumstances warrant it. The Mayor and Council, after a hearing, may either affirm, reverse or modify the proposed disciplinary action. In cases where an employee has been suspended prior to a hearing, the Mayor and Council may, if they find the suspension was not justified, order that the employee be reinstated with pay. Failure to request a hearing within the time specified in this subsection shall result in the disciplinary action becoming final, with no further right of appeal by the affected employee.
[1967 Code § 3-11.1]
Any employee who wishes to resign shall give the Borough Clerk at least two weeks' prior written notice of his resignation, unless the Borough Council agrees to a shorter notice. The two weeks' notice shall not include earned annual vacation time. An employee failing to give notice shall forfeit his accrued vacation time. No resignation shall become effective until it is recommended for approval by the Personnel Office and approved by the Borough Council.
[1967 Code § 3-11.2]
Any employee who does not submit his resignation in compliance with the provisions of this section, or whose resignation is not approved by the Personnel Office, or who is absent from work for a period of three days or more without notifying his Department Head of the reason for his absence and of his intention to return to work, may be considered as having resigned without notice and not in good standing. Any employee who fails to return to his work within three days after the expiration date of an authorized leave of absence period without notifying his office or Department Head shall be considered as having resigned without notice and not in good standing, provided the failure to give notice was not caused by unavoidable circumstances.
[1967 Code § 3-11.3]
The Personnel Office is authorized to determine whether or not an employee has resigned without notice and not in good standing.
[1967 Code § 3-11.4]
When an employee resigns without notice and not in good standing, the Borough may refuse to permit the employee to apply for re-employment by the Borough at a future date, and may refuse to give the employee a satisfactory reference. Where an employee resigns in good standing and with a satisfactory work record, it shall be the policy of the Borough to consider with favor his application for re-employment.
[1967 Code § 3-12.1]
A leave of absence without pay may be requested by employee, who shall submit in writing all facts bearing on the request to his supervisor with a copy to the Personnel Office. They will append their recommendation and forward the request to the Borough Council. The Borough Council shall consider each case on its merits.
[1967 Code § 3-12.2]
A leave of absence with pay and not to exceed three working days shall be granted by the supervisor or Mayor in the event of death in the immediate family; however, upon recommendation of the supervisor or the Mayor, a reasonable extension of time beyond three days may be allowed when circumstances justify such action. The term immediate family shall include only the father or mother, wife, husband, brother or sister, son or daughter, mother-in-law or father-in-law, or other member of the employee's immediate household.
[1967 Code § 3-12.3]
It shall be the policy of the Borough to grant reasonable leaves of absence without pay to permit employees to deal with urgent personal business requiring their attention. Such leave may, at the employee's option, be deducted from his vacation time.
[1967 Code § 3-12.4]
No employee may absent himself from duty without permission from his supervisor. All unauthorized and unreported absences shall be considered absence without leave and deduction of pay shall be made for such period of absences.
[1967 Code § 3-12.5]
Any employee absent for three or more days without sufficient reason may be considered as having resigned without notice and not in good standing.
[1967 Code § 3-13.1]
All Borough employees enrolled in the New Jersey Public Employees Retirement System are subject to the requirements and provisions of that system.
[1967 Code § 3-13.2]
Employees of the Borough having completed the required number of years of service and having attained the specified age may apply for retirement as provided by the retirement system.
[1967 Code § 3-13.3]
All employees shall retire at age 65 and the day of such retirement shall be the end of the municipal fiscal year in which their 65th birthday is attained. This period may be extended in yearly intervals by the Borough Council for a maximum of 10 years, provided that the following conditions exist:
a. 
The Borough Physician makes a determination that an employee is physically able to perform his normal duties for each extended year.
b. 
Such extension is for the best interests of the Borough.
[1967 Code § 3-14]
It is hereby declared to be the policy of the Borough to recognize and encourage meritorious actions on the part of its officers and employees. To this end, letters of commendation concerning Borough employees from their superiors and from members of the public with whom they deal shall be directed to the attention of the Mayor and Borough Council, and then recorded in the employee's personnel file. In addition, the Mayor and Council may, of its own motion, commend the work of particular officers and employees, and cause such commendation to be inserted in their personnel files.
[1967 Code § 3-15]
Every officer or employee of the Borough who by virtue of his office or position is entrusted with the receipt, custody or expenditure of public moneys or funds, and any other officer or employee who may be required so to do by the Mayor and Council shall, before entering upon the duties of this office or position, execute and deliver a surety bond in such amount as may be fixed by the Mayor and Council binding him to the Borough in its corporate name and conditioned upon the true and faithful performance of his duty. Each officer or employee required by law to give bond shall execute the bond with sufficient surety and deliver it to the Borough Clerk, except that the Clerk shall deliver his bond to the Borough Treasurer before he enters upon the discharge of his duties of the office or employment.
If any officer or employee shall neglect to execute and deliver his bond as herein required with 30 days after due notification of his election or appointment, his office or position may be declared vacant.
In every case in which any person is required by the laws of the State or by any ordinance of the Borough to give a bond for the faithful performance of his duties, such bond shall be secured by a corporate surety authorized to do business in this State and the premium therefor shall be paid by the Borough. Each such bond shall be approved by the Borough Attorney as to form and sufficiency, and nothing in this sections hall be construed to prevent the use of one or more blanket bonds when so approved.
[1967 Code § 3-16.1]
All full-time employees shall be enrolled in the Hospital Service Plan of New Jersey.
[1967 Code § 3-16.2]
Any employee serving on jury duty shall receive the difference between his jury fee and his regular earnings.
[1967 Code § 3-16.3]
Subject to the approval of the Borough Council, the Personnel Office may establish written regulations affecting the duties, privileges, conduct and working conditions of the personnel of the various Borough Departments.
[1967 Code § 3-16.4]
Any employee involved in, or having any knowledge of, any accident whereby any person employed by the Borough or any property or equipment owned or operated by the Borough is involved, shall immediately report the accident and pertinent information to his Department Head or supervisor who shall forward such information to the Borough Clerk's Office forthwith.
[1967 Code § 3-16.5; Ord. No. 2008-15]
Employees, including police officers, shall not be permitted to accept outside employment without the prior approval of the Borough Administrator and, in the case of police officers, the Chief of Police. Applications for permission to accept outside employment shall be made in writing to the Borough Administrator and, in the case of police officers, the Chief of Police. No application for permission to accept outside employment shall be approved by the Borough Administrator and, in the case of police officers, the Chief of Police, if in its judgment, there is any possibility that such outside employment will interfere with an employee's performance or compromise an employee's position with the Borough through a conflict of interest.
[1967 Code § 3-16.6]
Any full-time employee may enroll in the Borough's program of life, accident, sickness and medical catastrophe benefit insurance, provided he complies with the provisions and terms of the policy.
[1967 Code § 3-16.7]
This chapter shall not apply to the personnel of the Bound Brook Police Department or to the personnel of the Bound Brook public library.
[Ord. No. 03-17 § 3-17.1]
The Borough of Bound Brook recognizes the importance of a safe, healthy, and drug-free work environment. Further, the Borough desires to encourage and assist employees exhibiting signs of impaired performance to participate in treatment and recovery programs. This policy is implemented to assist in keeping the workplace fee of employees whose job performance is impaired for any reason including the abuse of drugs and/or alcohol.
[Ord. No. 03-17 § 3-17.2]
All departments, offices and agencies. With the exception of paragraph 9-17.13, the Police Department shall be exempt from the provisions of this section.
[Ord. No. 03-17 § 3-17.3]
As used in this section:
ALCOHOLIC BEVERAGE
Beer, wine, liquor, or any beverage containing beer, wine, or liquor.
ALCOHOLISM
A disease characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, is use is reduced or discontinued, and impairment of health or disruption of social or economic function.
CHEMICAL DEPENDENCY
Alcoholism or drug addiction, or dependence on alcohol and one or more other psychoactive chemicals.
CONTROLLED SUBSTANCE
Any substance whose dissemination is controlled by regulation or statute, including, but not limited to, narcotics, depressants, stimulants, hallucinogens, and cannabis (marijuana).
DRUG ADDITION
A disease characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.
IMPAIRED
Regardless of cause, a condition which may limit an employee's ability to perform his or her job duties or which poses a threat to the safety of the employee or others.
LIQUOR
Alcohol, spirits, wine and beer, or any other similar substance.
PROPER MEDICAL AUTHORIZATION
A prescription or other written approval from a licensed medical practitioner/physician or dentist for the use of a drug in the course of medical treatment, and which contains the name of the substance, and the period of authorization (also applies to refills of prescribed drugs).
[Ord. No. 03-17 § 3-17.4]
Common indications of impairment include, but are not limited to:
a. 
Physical appearance.
1. 
Impaired coordination, unsteady gait, staggering, poor balance;
2. 
Tremors, shakiness, dizziness, seizures;
3. 
Impaired muscular control, poor performance of motor skills;
4. 
Bloodshot eyes, watery eyes, constricted pupils;
5. 
Excessive sweat, chills, nausea;
6. 
Abnormal drowsiness, excessive fatigue;
7. 
Blank expression, unresponsiveness;
8. 
Apparent odor of alcohol on breath;
9. 
Inappropriate or bizarre dress, neglect of personal appearance or hygiene.
b. 
Unusual/abnormal.
1. 
Markedly poor judgment, impulsiveness;
2. 
Carelessness, neglect of safety procedures;
3. 
Market anxiety, agitation, panic;
4. 
Mood swings, erratic behavior;
5. 
Apathy, lethargy, depression, despondency, suicidal thinking;
6. 
Excessively talkative, active, appearance of being elated or euphoric;
7. 
Slurred speech;
8. 
Over reactive (verbally or physically), overly boisterous, irritable, argumentative, quarrelsome, belligerent, threatening, combative, assaultive.
c. 
Cognitive (mental factors).
1. 
Distracted, inability to focus or concentrate;
2. 
Memory deficits, lapses, forcefulness;
3. 
Excessive daydreaming, brooding, preoccupied;
4. 
Incoherent, disoriented, confused;
5. 
Diminished level of consciousness;
6. 
Impaired communications;
7. 
Hallucinations;
8. 
Marked suspiciousness, feeling of persecution.
[Ord. No. 03-17 § 3-17.5]
It shall be the policy of the Borough of Bound Brook that the following activities are strictly prohibited:
a. 
Operation of equipment or Borough vehicles when an employee's ability to do so has been impaired regardless of cause and including impairment arising from the use of prescribed medications;
b. 
Reporting to work under the influence of liquor or under the influence of controlled substances without proper medical authorization and notification of the immediate supervisor of such authorization;
c. 
The use, manufacture, possession, or transfer of controlled substances without proper medical authorization in any amount or in any manner on Borough premises or in Borough vehicles at any time, whether or not performing Borough business, except as required in the performance of normally assigned duties;
d. 
The use in any way of Borough property or the employer's position with the Borough to make or traffic liquor, or controlled substances;
e. 
Any other unlawful use, possession, or trafficking of liquor or controlled substances in a manner that is detrimental to the Borough of Bound Brook.
[Ord. No. 03-17 § 3-17.6]
a. 
Any employee who is convicted of a criminal, disorderly persons, or motor vehicle violation occurring in the work place involving a controlled substance must notify his or her immediate supervisor within five days of the conviction. The supervisor will immediately inform the Business Administrator who shall promptly notify the Personnel Office and Finance committee.
b. 
If the employee performs duties associated with the provisions of a contract or grant received directly from a Federal agency, including block grants or entitlement grants, the Business Administrator is required to notify the appropriate Federal agency of the conviction within 10 days of the employee's notification.
[Ord. No. 03-17 § 3-17.7]
The Borough affirms the right of its employees to privacy and to be free from unreasonable inquiry and investigation into off-duty conduct and activities. However, disciplinary action against an employee for off-duty conduct may be taken if such conduct impairs the employee's on-the-job performance or conflicts with is or her responsibility as a Borough employee to maintain the public faith and trust.
[Ord. No. 03-17 § 3-17.8]
It shall be the responsibility of any employee who observes or has knowledge of another employee in a condition which impairs his or her ability to perform job duties or poses a hazard to the safety and welfare of others to promptly report the incident to his or her immediate supervisor.
[Ord. No. 03-17 § 3-17.9]
The responsibility to improve substandard job performance or to correct unacceptable work behavior, regardless of cause, rests with the individual employee. Failure to correct unsatisfactory job performance or behavior may result in appropriate disciplinary action up to and including dismissal.
[Ord. No. 03-17 § 3-17.10]
Any treatment for chemical dependency by a licensed/state certified treatment program is subject to normal medical leave policy. Leave without pay may be granted to those employees who have insufficient sick or annual lave accrued.
[Ord. No. 03-17 § 3-17.11]
Employees who are concerned about any impairment to their job performance are strongly encouraged to seek voluntary assistance through the Employee Assistance Program.
[Ord. No. 03-17 § 3-17.12]
No employee shall be subject to disciplinary action or other adverse action, overtly or covertly, solely because of a request by the employee for chemical dependency screening or treatment. An employee's promotional opportunities will not be jeopardized by utilization of treatment services.
[Ord. No. 03-17 § 3-17.13]
Confidentiality is an essential element of the Employee Assistance Program. Any employee violating this confidentiality will be subject to disciplinary action up to and including dismissal.
[Ord. No. 03-17 § 3-17.14]
The confidential nature of the medical records of employees will be preserved in accordance with Federal and State regulations governing the disclosure of records.
[Ord. No. 03-17 § 3-17.15]
To facilitate the understanding and management of performance problems, education and training will be made available through the Employee Assistance Program. Information detailing how an employee can contact the Employee Assistance Program provider shall be posed in all Borough facilities.
[Ord. No. 03-17 § 3-17.16]
Annually, the Borough Administrator shall publish to all employees the Borough policy on impaired performance and a summary of services available through the Employee Assistance Program.
[Ord. No. 03-17 § 3-17.17]
a. 
Any employee who violates any aspect of this policy will be subject to disciplinary action for insubordinate behavior, up to and including termination.
b. 
When the Borough has reason to believe the employee is violating this policy, the employee may be suspended immediately, without pay, pending investing.
c. 
Any employee convicted of an offense involving the use of liquor, or the use, possession or sale of controlled substances, while on duty on or off Borough property, will be subject to disciplinary action, including immediate dismissal.
[Ord. No. 03-17 § 3-17.18]
Application of the provisions of this policy to union represented employees will be subject to collective bargaining.
[Ord. No. 03-17 § 3-17.19]
a. 
Employees are responsible for:
1. 
Improving substandard work performance and correcting unacceptable work behavior caused by chemical dependency or other impairments.
2. 
Reporting to their immediate supervisor observations or knowledge of other employees whose ability to perform job duties safely is impaired.
3. 
Observing all other provisions of this policy.
b. 
Supervisors are responsible for:
1. 
Taking appropriate disciplinary action when an employee has violated any of the terms of this policy.
2. 
Approving a medical leave of absence as necessary for an employee who has been or is being admitted to a licensed/State certified treatment program for any impairment.
3. 
Observing all other provisions of this policy.
[Ord. No. 03-17 § 3-17.20]
An "occurrence" shall consist of an employee referral to and a case closeout by the Employee Assistance Program after completion of treatment. More than two occurrences, arising from the same cause, shall be considered adequate justification for termination of employment. A referral that does not result in subsequent treatment shall not be considered an occurrence.
[Ord. No. 03-17 § 3-17.21]
Nothing in this section shall be interpreted to supersede, replace, or change any requirements or obligations imposed on the holder of a CDL by other jurisdictions or authorities.