[Ord. #1467; Ord. #2271, § I; Ord. #2510, § I]
This chapter shall be known as the "Personnel Policy, Practices and Regulations of the Township of Lyndhurst."
[Ord. #1467; Ord. #2271, § I; Ord. #2306, § XIV; Ord. #2510, § I; amended 11-9-2021 by Ord. No. 3090-21]
It is the policy of the Township of Lyndhurst to treat employees and prospective employees in a manner consistent with all applicable employment laws and regulations. The personnel policies and procedures of the township shall apply to all employees, volunteers, (elected or) appointed officials and independent contractors. In the event there is a conflict between these rules and any collective bargaining agreement, personnel services contract, or federal or state law, including the attorney general's guidelines with respect to police department personnel the terms and conditions of that contract or law shall prevail. In all other cases, these policies and procedures shall prevail.
The commissioner and all managerial/supervisory personnel are authorized and responsible for personnel policies and procedures. The Township of Lyndhurst has appointed the personnel administrator to assist the commissioner implement personnel practices. The commissioner and personnel administrator shall also have access to the township attorney appointed by the board of commissioners for guidance in personnel matters.
As a general principle, the township has a "no tolerance" policy towards workplace wrongdoing. Township officials, employees and independent contractors are to report anything perceived to be improper. The township believes strongly in an Open Door Policy and encourages employees to talk with their supervisor, department head, commissioner, the personnel administrator or the township attorney concerning any problem.
The Personnel Policies adopted by the Board of Commissioners is intended to provide guidelines covering public service by Township employees and is not a contract. The Township retains all rights to discharge or discipline employees. Except as otherwise provided by a collective bargaining agreement or applicable law, all employees are employees at-will. Nothing contained in the Personnel Policies constitutes a contractual right, express or implied. Any employee may voluntarily terminate employment at any time, for any reason. The Township may terminate any employee's employment at any time, with or without good cause.
The Personnel Policies is not meant to affect or to be a comprehensive description of local, state or federal statutes, rules or regulations, disciplinary procedures, employment benefits, workers' compensation, leaves from employment, employee compensation, the policies, practices and procedures of the Township, or collective negotiations. Employees' rights and responsibilities are always governed by existing law and any applicable collective negotiations agreements. Nothing in the Personnel Policies provides legal rights in addition to those, if any, provided to employees under local, state or federal statutes, rules, regulations, or collective negotiations agreements. If any part of the Personnel Policies conflicts with local, state or federal statutes, rules, regulations, executive orders, or a collective negotiations agreement, the part of the Personnel Policies which conflicts with a local, state or federal statute, rule, regulation, or collective negotiations agreement will be null and void as it applies to the affected group of employees. The provisions of the Personnel Policies may be amended and supplemented from time to time at the sole discretion of the Township.
No provision contained in this policy may be changed by oral statement but must in in writing signed by an authorized representative of the Township.
[Ord. #2920-15 §§ 1, 2]
This chapter is applicable to and establishes the salaries, benefits, and other terms and conditions of employment provided to township employees hereinafter described. However, this chapter shall only be applicable to the extent any provision of Chapter 5 of the Township of Lyndhurst Code is not included in a duly executed employment agreement, defined as a collective bargaining agreement or individual employment agreement applicable to managerial and executive employees or police superior officers. Where a conflict or inconsistent language exists between this chapter and the collective bargaining agreement or individual employment agreement the provisions of the pertinent agreement shall control and be in force unless no provision of a specific benefit, term or condition of employment is included in the subject agreement whereupon this chapter shall control and be in force. Should a provision of an executed employment agreement provide a benefit, term or condition of employment which is less than, or more restrictive than, a similar provision included in this chapter then in that event the agreement shall also control.
[Ord. #1467; Ord. #1842; Ord. #2271, § I; Ord. #2510, § I]
All employees, officers and department heads of the township shall be appointed and promoted by the director of the department to which the office or position is assigned except where the power to appoint has been retained by the board of commissioners, or delegated to a subordinate board by the board of commissioners or by operation of law. No person shall be employed under the provisions of this chapter unless there shall exist an office or position created by statute or ordinance, and further provided that the necessary budget appropriation for the office or positions has been adopted by the board of commissioners in the municipal budget and is specified in the salary ordinance.
[Ord. #1467; Ord. #1842; Ord. #2271, § I; Ord. #2510, § I]
An applicant for employment by the township shall be approved by the board of commissioners. The application shall be filed with the personnel administrator. The personnel administrator shall retain the original application and forward the copy to the appropriate appointing authority. The application shall become a part of the personnel file of the applicant upon employment by the township. The application is a confidential document and will not be available to anyone who is not directly involved in the hiring process.
[Ord. #1467; Ord. #1483; Ord. #1842; Ord. #2271, § I; Ord. #2306, § XII; Ord. #2510, § I]
The commissioner may require applicants, prior to employment, to successfully pass a physical examination consistent with the Americans with Disabilities Act to assure that the work required by the position will not cause injury to the employee or co-employees and that the person is fit to meet the requirements of the position. The commissioner may require periodic physical examinations to determine the employee's continued ability to perform the duties of the position. All physical examinations must be performed by a physician chosen by the township at the expense of the township. All medical records of employees and prospective employees are confidential and are to be maintained by the personnel administrator title separate from the employee's official personnel file.
[Ord. #1842; Ord. #2196; Ord. #2244, § I; Ord. #2271, § I; Ord. #2306, § XV; Ord. #2510, § I; Ord. #2601, § 1]
Whenever a new position is created or whenever a vacancy occurs which necessitates the hiring of a new employee the commissioner of the department shall supply the township personnel administrator with a written job description. The township personnel administrator shall advertise the job opening at least once on the official website of the township. The personnel administrator shall also have the authority to advertise the job opening in any other periodical or media he or she believes is most likely to attract qualified applicants. The appointment shall be made to the best qualified applicant. Photocopies of all job applications shall be kept on file with the township personnel administrator.
In making decisions with respect to employment matters, the township:
a.
Shall not discriminate against an otherwise qualified individual with a disability.
b.
Shall make reasonable accommodations to allow an otherwise qualified individual to perform the essential function of the job.
c.
Shall not make improper inquiry regarding medical matters during the application process.
Applications from candidates from diverse backgrounds are encouraged and any advertisement shall prominently state that the township of Lyndhurst is an equal opportunity employer.
[Ord. #2409, § I; Ord. #2510, § I; Ord. #2843-12]
a.
For purposes of this section, a criminal history record background check means a determination of whether a person has a criminal record by cross-referencing that person's name and fingerprints with those on file with the New Jersey State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation and/or any other relevant state and/or federal agency.
b.
The township requires that, as a condition of obtaining employment with the township, as set forth below, all prospective employees, including, but not limited to, permanent, provisional, temporary and seasonal employees, shall submit to being fingerprinted in accordance with applicable state and federal laws, rules and regulations, as a condition of employment with the township.
c.
As a further condition of employment with the township, all prospective employees, including, but not limited to, permanent, provisional, temporary and seasonal employees, shall authorize the township, by its duly authorized representative, to exchange fingerprint data with and receive criminal history record information from the New Jersey State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation and/or any other federal and/or state agency.
d.
In order to obtain criminal history record information pursuant to this section and N.J.S.A. 40:48-1.4, the township shall submit the fingerprint data for prospective employees to the New Jersey State Bureau of Identification in the Division of State Police. The State Bureau shall receive all criminal history record information from the Federal Bureau of Investigation and shall disseminate that information to the township.
e.
The township shall conduct a criminal history record background check of a prospective employee only upon receipt of the written authorization and consent to the criminal history background check from the prospective employee. A form for the authorization and consent to said background check shall be provided to each prospective employee upon a conditional offer of employment. Failure to submit a fully signed and witnessed written authorization and consent form shall be grounds to rescind a conditional offer of employment.
f.
The township shall bear the costs associated with conducting criminal history record background checks.
g.
An individual shall be disqualified from serving as an employee of the township if that prospective employee's criminal history record background check reveals a record of conviction of any of the following crimes and/or offenses:
1.
In New Jersey, any crime or disorderly persons offense or petty disorderly persons offense:
(a)
Involving danger to the person, including, but not limited to those crimes, disorderly persons offenses and petty disorderly offenses set forth in N.J.S.A. 2C:11-1 et seq.; N.J.S.A. 2C:12-1 et seq.; N.J.S.A. 2C:13-1 et seq.; N.J.S.A. 2C:14-1 et seq.; and/or, N.J.S.A. 2C:15-1 et seq.;
(b)
Against the family, children or incompetents, including, but not limited to those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq.;
(c)
Involving arson, burglary or theft as set forth in N.J.S.A. 2C:17-1 et seq.; N.J.S.A. 2C:18-1 et seq., and/or N.J.S.A. 2C: 20-1 et seq.;
(d)
Involving offenses against public administration, perjury and other falsification in official matters, obstructing governmental operations, misconduct in office and/or abuse of office as set forth in N.J.S.A. 2C:27-1 et seq; N.J.S.A. 2C:28-1 et seq.; N.J.S.A. 2C:29-1 et seq.; and/or, N.J.S.A. 2C:30-1 et seq.;
(e)
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statues; and/or,
2.
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes, disorderly persons offenses and/or petty disorderly persons offenses described herein.
h.
All prospective employees, upon receiving a conditional offer of employment, shall submit their name, address, fingerprints and written consent to the township for the criminal history record background check to be performed. All conditional offers of employment shall be specifically subject to the prospective employee passing the criminal history record background check, along with any other requirements as provided by law and/or requested by the township.
i.
Access to criminal history record background information of prospective employees obtained under this section for employment purposes is restricted to authorized personnel of the township on a need to know basis, as may be authorized by federal and/or state statute, rule or regulation, executive order, administrative code, this section and/or resolution regarding obtaining and dissemination of criminal history record background information. Said employees are the township administrator, township personnel officer, police chief, mayor, applicable township commissioner, township attorney and township labor counsel and those other employees designated in writing by the mayor.
j.
Criminal history record background information shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. Use of this record shall be limited solely to the authorized purpose for which it was given and it shall not be disseminated to any unauthorized persons. Said records are not public records under the Open Public Records Act.
[Ord. #2510, § I]
The commissioner or department head will coordinate the interview process including the scheduling of applicants, development of interview questions and standards to measure candidate responses. All questions must be in accordance with the New Jersey Division of Civil Rights Guidelines for Preemployment Inquiries. Reasonable accommodations must be made for disabled applicants.
[Ord. #2510, § I]
The final decision will be made by the director of the department after all references and other information has been verified. Every effort shall be made to offer reasonable accommodations pursuant to Americans with Disabilities Act. The employment offer must be made in a letter to the candidate outlining all terms and conditions of the offer. The letter will also establish a deadline for acceptance.
[Ord. #2510, § I]
If the first offer is rejected, the director of the department will decide to hire another candidate or reopen the position. Once a candidate accepts the employment offer, all other candidates will be notified in writing that they were not accepted for the position.
[Ord. #2510, § I]
All applications, notes made during interviews and reference checks, job offers and other documents created during hiring process must be returned to the personnel administrator. Documents related to the successful candidate will be placed in the employee's official personnel file except medical records including physical examinations must be maintained in a separate file. All records documents related to other candidates must be retained for at least one year. Records and documents created during the hiring process are confidential and must be retained in a locked cabinet.
[Ord. #2510, § I; amended 7-10-2025 by Ord. No. 3232-25]
All new regular full-time and regular part-time employees will be scheduled to meet with personnel administrator and department head on their first day for a general orientation. Copies of all forms and acknowledgments must be returned to the personnel administrator for inclusion in the employee's official personnel file. The orientation will include:
a.
A tour of the appropriate facilities to acquaint the new employee with overall operations as they relate to the specific position;
b.
The completion of all pertinent personnel, payroll, insurance and pension forms;
c.
A review of the Employee Handbook and acknowledgment of receipt;
d.
A review of the Personnel Policies and Procedures Manual if the employee is a manager or supervisor and acknowledgment of receipt;
e.
The Employee Complaint Policy form and acknowledgment;
f.
A safety orientation and acknowledgment; and
g.
Arrangements for the new employee to complete required PEOSHA safety training.
[Ord. #2510, § I]
Except where state requirements direct otherwise, new employee shall be hired subject to an initial employment period of three months.
During this initial employment period, the new employee will be provided with training and guidance from the supervisor. At the end of the initial employment period, the supervisor will conduct an employee evaluation - see Performance Evaluation Procedure.[1] New employees may be discharged at any time during this period if the director of the department concludes that the employee is not progressing or performing satisfactorily. Under appropriate circumstances, the director may extend the initial employment period.
[Ord. #1467; Ord. #1843; Ord. #1988, § I; Ord. #2271, § I; Ord. #2510, § I; Ord. #2548, § 4]
Any new employee of the township (i.e., any employee hired after the adoption of Ordinance No. 2548, codified herein,[1]) shall neither be entitled to nor eligible for tenure of office or position during his or her employment unless the office or position shall have a term of office fixed by statute or ordinance. An employee currently in the service of the township shall be granted tenure only if the employee has been employed by the township for a period of two years or longer. Thereafter, no current employee who has been employed by the township for a period of two years or longer shall be removed from office or position except for cause resulting in disciplinary proceedings. This paragraph shall not apply to the township clerk, tax collector, tax assessor, and municipal court judge or to any township employee, officer and/or official whose tenure is regulated by state statute.
[1]
Editor’s Note: Ordinance No. 2548, codified herein, was adopted December 13, 2005.
[Ord. #2510, § I]
A job description including qualifications shall be maintained for each position. All job descriptions must be approved by the commissioner. The personnel administrator will make copies available upon request.
[Ord. #1467; Ord. #1843; Ord. #2271, § I; Ord. #2385, § I; Ord. #2408, § I; Ord. #2471; Ord. #2510 § I; Ord. #2655, § 1]
a.
Employees subject to the provisions of this chapter may be required to retire at age 70. Employees performing duties involving manual physical exertion or fatigue shall be required upon attaining the age of 65 to submit to semiannual physical examination by a physician to determine the employee's ability to perform duties assigned to the employee, the physician to be one of a list to be designated by the board of commissioners. An employee failing to pass the physical examination may be retired by the department director of inability to perform the duties assigned to the employee.
b.
Anyone retiring shall give written notice of said retirement to the personnel administrator in the budget year prior to said retirement. Failure to do so will mean that the retiree will not be paid for his or her compensable accumulated sick days and/or vacation days until the budget year following the retirement year.
c.
Continued Medical Benefits.
1.
Any full time employee who (a) has been employed by the township for 25 consecutive years; (b) has attained the age of 55 at the time of his or her retirement; and (c) has been receiving medical benefits during said period of employment shall continue to receive single coverage medical benefits only from the township until becoming eligible to receive Medicare benefits, and upon retirement of employees who have worked at least 25 years in the township who have reached the age of 55 or older at the time of their retirement, said employees' spouse will be entitled to receive medical benefits until such time as the employee's spouse becomes eligible for Social Security Benefits provided that the spouse is not eligible to receive health benefits from any other source (i.e., employee's future employer, spouse's employer).
2.
Any appointed stipend professional as defined in the salary ordinance who (a) has been on the salaried payroll for 20 consecutive years; (b) has attained the age of 55 at the time of his or her separation from the township; and (c) has been receiving medical benefits during said period of appointment, shall continue to receive single coverage medical benefits during said period of appointment, shall continue to receive single coverage medical benefits only from the date of his or her separation from the township until becoming eligible to receive Medicare benefits.
d.
Retired Officers Prohibited from Returning to Active Duty. Once a police officer of any rank has elected to take his or her retirement and to accept any of the benefits, including but not limited to, terminal leave, accumulated sick time or personal days, then and in that event, said officer cannot change his or her mind and seek to return to active duty nor can said officer withdraw his or her application for retirement.
e.
Positions Eligible for the Defined Contribution Retirement Program.
1.
Purpose. It is the purpose of this paragraph e to implement the provisions of Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1, et seq.), which requires the governing body of a municipality to adopt an ordinance to determine the positions that are substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the state, pursuant to guidelines or policies that shall be established by the Local Finance Board in the Department of Community Affairs, and for which officials appointed to such positions shall be eligible for and shall participate in the Defined Contribution Retirement Program (DCRP), subject to the provisions of law.
2.
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the DCRP:
(a)
Positions which are appointed under the authority of state statute or township ordinance, including the following: coordinator of general services, purchasing associate, planning and development associate, special projects associate, and environmental coordinator;
(b)
Department heads and confidential aides;
(c)
Township attorney;
(d)
Township engineer;
(e)
Municipal court judge;
(f)
Municipal prosecutor and public defender.
3.
Individuals serving the following positions are exempt from DCRP membership pursuant to N.J.S.A. 43:15C-2:
4.
This paragraph shall be implemented, construed and subject to the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1, et seq.), as amended from time to time, and any regulations or guidance documents from the Local Finance Board or the Division of Pensions and Benefits.
[Ord. #1619; Ord. #1843; Ord. #1875, § I; Ord. #1914, § I; Ord. #2271, § I; Ord. #2457, § I; Ord. #2469, § I; Ord. #2471; Ord. #2510, § I; Ord. #2889-13, § 6; Ord. #2910-14 §§ 1 — 3; amended 7-10-2025 by Ord. No. 3232-25]
a.
The board of commissioners shall determine the salary of every employee subject to the provisions of this chapter by the adoption of a salary ordinance annually. The board of commissioners shall fix the method of payment of salary in the salary ordinance to be adopted. Employees performing duties involving manual physical exertion or fatigue shall be compensated at the rate of 1 1/2 times the hourly rate of pay for services performed beyond 40 hours in the work week unless the employee performing additional hours is covered under a collective bargaining agreement which specifies a different method of payment of overtime hours which may include payment for overtime beyond the required hours of weekly employment, except that employment required on Sundays or legal federal holidays shall be compensated at two times the hourly rate of pay. Employees performing duties not involving manual physical exertion or fatigue may in the discretion of the director of the department be compensated by being granted time off from normal working hours on the basis of 1 1/2 times the overtime hours worked in excess of 40 hours in the work week, or be paid on the basis set forth above. Said compensation time must be utilized within six months of earning the compensatory time off. This section will be effective January 1, 2016.
[Ord. #2910-14 § 1]
b.
Notwithstanding paragraph a above, the township clerk, construction official, building inspector, health officer, tax collector, tax assessor, chief of police, court administrator, chemical control inspector, superintendent of DPW, DPW office manager, DPW recycling coordinator, grants administrator and Supervisor of Parks and Public Properties shall not be entitled to compensation for performing services beyond the required hours of weekly employment as holders of these offices and positions and designated as supervisors and administrators of the township.
c.
The annual salary shall be considered part of this personnel chapter.
[Ord. #2910-14 § 2]
d.
Longevity benefits will be provided as follows: 1% of base wages shall be paid after four years of completed service and an additional one-quarter of 1% shall be paid for each additional year thereafter. Longevity benefits shall be awarded on an employment anniversary basis and shall not be made until the last salary payment of the fiscal year. The maximum percentage to be received by any employee, effective January 1, 2015 shall be 6%.
[Ord. #2889-13 § 6]
e.
Health Care Benefits.
1.
Dual Coverage. Employees who have dependent family members also employed by the township will receive paid health care benefits for such employee or the dependent employee, not both. However, the employee who is not receiving paid health care benefits shall be reimbursed by the township on an annual basis for coordinated benefits, co-payments and deductible charges incurred by said employee up to $1,000. In addition, the township will pay said employee an annual amount equal to 20% of the premium savings realized for not paying health care benefits for the employee and dependent annually, not to exceed $5,000 per year. Said amount will be paid semiannually. The employee or dependent employee, as the case may be, may individually re-enroll into the township's health plan coverage if the status of dual enrollment changes and eliminates coverage for either employee.
[Amended 11-9-2021 by Ord. No. 3090-21]
2.
Optional Waiver of Health Benefits. An employee shall have the option to waive health care benefits from the township providing that proof of coverage from another carrier is submitted to the township and the employee signs a waiver form. If an employee waives health care benefits, he or she will receive an annual amount equal to 20% of the premium savings realized by the township for not paying for the coverage, not to exceed $5,000 per year. Said amount will be paid semiannually. The employee shall have the right to re-enroll into the township's health plan in January or July of any year during open enrollment.
f.
Salary Payment Withholding.
1.
New Employees. Effective July 1, 2002 any new full-time employee hired will be paid the pay period following one full week of employment.
2.
Employees as of the Date of this Paragraph. All persons employed with the township as of the effective date of this paragraph shall continue to receive salary payments as they are currently being made. However, in the event that an employee's accrued sick time and accrued vacation time together falls below ten days, the employee shall be given the following notice:
NOTICE TO EMPLOYEE: The total number of sick days and vacation days that you have accrued is less than 10 days.
PLEASE TAKE NOTICE that in the event that an employee's accrued sick time and vacation time together falls below five days, the employee's salary will be withheld for one pay period. The withheld salary shall be released to the employee upon termination of employment with the Township. The personnel administrator or payroll processor shall require such employee(s) to execute a voucher so as to be compensated for any time worked when such time balance falls below five days.
The township shall withhold one pay period in the event that an employee's accrued sick time and vacation time together falls below five days. The withheld salary shall be released to the employee upon termination of employment.
[Ord. #1467; Ord. #1842; Ord. #2271, § I; Ord. #2510, § I; Ord. #2895-13]
The board of commissioners may abolish an office or position and reduce the number of personnel employed by the township for reasons of economy or efficiency. In the event that the office or position of an employee with tenure is abolished, said employee may be reassigned to a position which said employee is qualified to perform. If an employee is not qualified to perform an available position, then said employee may be dismissed from the service of the township, but the employee shall have the right to be reinstated in the first available position that said employee shall be qualified to perform, subject to the requirements of an applicant for original employment.
The following positions have been abolished as of January 1, 2014. The positions of general services coordinator, health administrator, deputy registrar, information technology, part-time clerical in the assessor's office, garbage inspector, chemical inspector, parking enforcement officer/bailiff, special officer/maintenance, assistant DPW superintendent, youth center chaperone and purchasing agent are not re-authorized to be paid. The purchasing agent position is included in a shared services agreement, incorporating the provisions of a licensed "qualified purchasing agent" (QPA).
[Ord. #1467; Ord. #1842; Ord. #2271, § I; Ord. #2510, § I; Ord. #2600, § 1; Ord. #2902-14; Ord. #2910-14 § 5; Ord. No. 2923-15; amended 7-10-2025 by Ord. No. 3232-25]
a.
Employees of the township shall be required to work five days a week from Monday to Friday. All full-time employees of the township governed by this chapter shall work between 32 1/2 and 40 hours per week, which hours of employment shall be determined by departmental directive when not specified in the salary ordinance. The commissioner of each department shall schedule the lunch period for each regular full-time employee of the department by a written directive filed with the personnel administrator and distributed to each employee of the department. The commissioner of any department may delegate this task to a supervisor. An employee's lunch period shall not exceed one hour and shall begin no earlier than 11:00 a.m. and shall begin no later than 2:00 p.m. Regular part-time employees, as defined in § 5-10e, and all other employees who are not regular full-time employees shall not receive a paid lunch hour. Further the work schedule shall be arranged in a manner that will require every office of the township to be opened to the public continuously from 9:00 a.m. or earlier until 4:30 p.m., except the finance office and municipal court may close at 4:00 p.m. to close the daily financial records. The Department of Public Works offices hours shall also be from 8:30 a.m. to 4:00 p.m. as per the Commissioner of Department of Public Works. It is recognized that the construction code office may need to be open at 8:00 a.m., subject to the discretion of the department commissioner, notwithstanding this the construction code office must be open for business until 4:30 p.m. daily.
b.
All employees shall "punch in" when coming on duty including after lunch and when called back for overtime; and "punch out" when going off duty including before lunch and after overtime. (Lunch-time and overtime requirements will not apply to superintendents.) Employees will not be entitled to accrue "comp time" for working through lunch hour.
c.
All time cards of nonsupervisory personnel shall be approved by their supervisors and all supervisors' and administrators' cards shall be approved by the commissioner of the department. Supervisors and administrators are listed in Section 5-8, paragraph b.
d.
No employee may "punch in" or "punch out" another employee's time card.
e.
Those employees identified in subsection 5-6.1 as regular part-time employees shall work a minimum of 25 hours per week for a minimum of 12 consecutive months on the payroll. Consecutive months on the payroll shall not include time on unemployment compensation or a leave of absence for any reason greater than five work days. Upon completion of 13 consecutive months of employment regular part-time employees shall receive one hour of paid sick leave for every 30 hours worked up to a maximum of 40 hours of paid sick leave and two paid days of vacation to be taken within the respective calendar year. The amount of vacation days shall increase to five days after 60 consecutive months of employment and shall not accumulate from year to year and shall be used within the calendar year or lost. Any regular part-time employee on the payroll for less than 60 consecutive months who is absent from work for greater than three consecutive work days shall submit to their supervisor a physician's certification as to the medical necessity for the absence. Any regular part-time employee who has been on the payroll for greater than 60 consecutive months shall submit said physician's certification after six consecutive days being absent. All other part-time employees shall be considered hourly and all regular and hourly part-time employees shall not be paid more than $25 per hour.
f.
Non-exempt employees may be eligible for overtime. Overtime is scheduled and authorized by an employee's department head and/or designated representative for hours worked between 32 1/2 and 40 hours per week within a workweek. If an employee is required to work overtime, the employee may be compensated by pay or by compensatory time, in accordance with the applicable collective bargaining unit contract and applicable statutes. All scheduled overtime must be approved in advance by the employee's department head or designee. Managerial employees, administrative employees, and professional employees are not legally eligible for compensatory time and/or overtime pay.
[11-9-2021 by Ord. No. 3090-21]
g.
Regular and timely attendance of all employees is essential to ensure that each department operates at maximum efficiency. When an employee becomes aware that he/she will not be able to report to work or will be late, the employee's immediate supervisor must be advised in accordance with their department's policy and shall, in no circumstances, be less than 15 minutes prior to the scheduled starting time. Repeated or chronic absenteeism, lateness, and/or falsification of time (including misuse and/or fraudulent use of time-capturing devices) shall be grounds for disciplinary action up to and including removal from employment.
[11-9-2021 by Ord. No. 3090-21]
h.
Absent a state of emergency as declared by the Governor of the State of New Jersey, all employees are expected to report to work every day as scheduled, regardless of weather conditions. Notwithstanding, in the event of unsafe conditions, the Township of Lyndhurst may authorize department operations to close earlier than the normal working hours. Additionally, if conditions exist prior to scheduled openings the department head shall notify employees of the delayed opening. If an employee chooses not to report for work due to inclement weather conditions, he/she may utilize accumulated compensatory time, a vacation day, and/or a personal day. This provision does not apply to personnel who may be required to assist in an emergency, or otherwise designated "essential personnel." The Township does not have a policy that allows employees to work from home.
[11-9-2021 by Ord. No. 3090-21]
[Ord. #1643; Ord. #1842; Ord. #2271, § I; Ord. #2510, § I; amended 10-12-2021 by Ord. No. 3086-21; 11-9-2021 by Ord. No. 3090-21]
Employees subject to the provisions of this chapter shall be entitled to 13 paid holidays per year. The following official holidays with pay shall be observed by the township: New Year's Day, Martin Luther King Jr. Day, President's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, the Friday after Thanksgiving Day (in lieu of Lincoln's Birthday), Christmas Eve (in lieu of General Election Day) and Christmas Day.
a.
The Board of Commissioners may by resolution grant such additional holidays as deemed appropriate and may substitute any of the days in the year in place of official holidays above listed. In the event that a holiday occurs on Sunday, it shall be observed on the following Monday. In the event that a holiday occurs on a Saturday, it shall be observed on the preceding Friday except when New Year's Day occurs on a Saturday it shall be observed the following Monday. If an employee is required to perform services for the township on a holiday, the employee shall be compensated as set forth in Section 5-8. A holiday occurring during an employee's vacation shall entitle the employee to an additional vacation day. An employee on sick leave shall not have a holiday charged against the sick leave period.
[Ord. #1619; Ord. #1842; Ord. #1914, § I; Ord. #2271, § I; Ord. #2471; Ord. #2510, § I]
a.
Employees subject to the provisions of this chapter shall be entitled to an annual vacation, which annual vacation shall be determined on an anniversary basis from the commencement of the employment on the basis of the following schedule:
1.
Six months to less than one year of service - five working days.
2.
One year to less than five years of service - ten working days (inclusive of the five days received for service between six months and one year above).
3.
Five years to less than 10 years of service - 15 working days.
4.
11th year - 16 working days.
5.
12th year - 17 working days.
6.
13th year - 18 working days.
7.
14th year - 19 working days.
8.
Fifteen years to less than 20 years - 20 working days.
9.
Twenty years to less than 25 years - 25 working days.
10.
Twenty-five years or more - 30 working days.
b.
Employees, subject to the approval of the director of the department, may take vacation leave from time to time during the fiscal year in half days, provided that the director of the department shall advise the personnel administrator by written memorandum of said vacation arrangement prior to the employee taking said vacation. Employees shall be required to take the annual vacation allotted to each employee during the fiscal year; except that for extenuating circumstances a maximum of five days may be carried over with consent of the board of commissioners.
c.
The director of each department shall annually arrange a vacation schedule for each employee of the department. The director shall file vacation schedule with the personnel administrator. The director may alter the vacation schedule during the fiscal year, if necessary for the efficient operation of the department. The director shall file the altered vacation schedule with the municipal administrator. An employee, subject to the provision of this chapter, shall be entitled to credit for all full-time service in computing the years of service, if said service had been interrupted.
[Ord. #1603; Ord. #1843; Ord. #2271, § I; Ord. #2471; Ord. #2510, § I; Ord. #2796-11; Ord. #2844-12; amended 11-9-2021 by Ord. No. 3090-21; 5-10-2022 by Ord. No. 3112-22; 6-14-2022 by Ord. No. 3115-22]
Sick leave with pay may be granted to a Township employee who, because of sickness or injury, becomes disabled to a degree that makes it impossible for him or her to perform the duties of his or her position or who is quarantined by a physician because he or she has been exposed to a contagious disease or as permitted by N.J.S.A. 34-11D-3(a).
a.
(1) An employee shall be entitled to one day of paid sick leave for every month of service as a full time employee. Part time employees are entitled to appropriate sick leave (and appropriate accumulation) as per State law. Unused sick leave for full time employees shall be cumulative during an employee's period of service. Any sick leave accumulated on or after January 1, 2012 will not be compensated at retirement for any other reason whatsoever (such as but not limited to death, termination (voluntary or involuntary), resignation, layoff, etc). (2) An employee absent on sick leave for three consecutive working days shall be required to file a certificate from the employee's physician with the Township personnel administrator before being allowed to return to work. An employee absent for a period of 10 consecutive working days shall submit to an examination by a physician designated by the board of commissioners at the expense of the Township. (3) An employee shall be entitled to credit for unused sick leave time for prior service, if the employee's service to the Township has been uninterrupted. (4) Sick leave accumulated before January 1, 2012 shall be compensated at retirement only at 1/2 the daily rate of pay the employee was earning as of December 31, 2011. However, under no circumstances shall this sick leave payment referred to above to any employee be paid in an amount more than $15,000 for accumulated sick leave at the time of retirement. There shall be no payments at any time whatsoever for any accumulated sick leave time due to any other reason such as the employee's death, layoff, termination (voluntary or involuntary), resignation (voluntary or involuntary), etc.
b.
While on sick and/or injury leave from Township, no Township employee shall be employed and/or engaged in any other outside work or employment whatsoever. Violation of the provision shall result in disciplinary actions, up to and including termination, as to the applicable employee.
[Ord. #1467; Ord. #1842; Ord. #2271, § I; Ord. #2510, § I; Ord. #2796]
a.
When a full-time township employee is injured in the line of duty, the board of commissioners shall, pursuant to the R.S. 40A:9-7, pass a resolution giving the employee up to one year's leave of absence with pay. When such action is taken, the employee shall not be charged any sick time for time lost due to such particular injury.
b.
Prior to the passage of the resolution referred to in paragraph a hereof, a contract shall be executed between the employee and the township setting forth that the employee shall reimburse the township from monies he or she may receive as workman's compensation, temporary benefits, or from possible legal settlement from, or judgment against the person or persons responsible for the injury.
c.
While out on a leave of absence as a result of an injury in the line of duty, no township employee shall be employed or engaged in any outside work or employment. Violation of this provision shall result in disciplinary action up to and including termination.
[Ord. #2271, § I; Ord. #2510, § I]
a.
The Township of Lyndhurst shall provide family and medical leave in accordance with the federal Family and Medical Leave Act ("FMLA") and the New Jersey Family Leave Act ("NJFLA"). The Township of Lyndhurst will comply with requirements of the New Jersey and federal family leave laws. The laws have similar and different provisions that may provide different rights and obligations for the employee and/or the Township of Lyndhurst. The employee shall be afforded the most favorable rights if there is a conflict in the rights afforded to the employee under the laws. Additional information concerning the Family Leave Policy and eligibility requirements are available from the personnel administrator.
[Amended 11-9-2021 by Ord. No. 3090-21]
1.
FMLA Leave. The FMLA entitles eligible employees with up to 12 weeks of unpaid, job-protected leave in a defined twelve-month period for the following reasons:
(a)
The birth of a child and in order to care for such child;
(b)
The placement of a child with the employee for adoption or foster care;
(c)
In order to care for the family member of the employee who is suffering from a serious health condition;
(d)
For a serious health condition that makes the employee unable to perform the functions of his/her position; or
(e)
Because of any qualifying exigency arising out of the fact that the employee's family member is a military member on active duty or call to covered active duty status (or has been notified of an impending call or order to covered active duty).
In addition, eligible employees may take up to a combined total of 26 unpaid workweeks in a single twelve-month period to care for a covered military service member with a serious injury or illness. |
FMLA Eligibility. To be eligible for FMLA leave, an employee must have: i) worked for the Township of Lyndhurst for at least 12 months; ii) worked at least 1,250 hours in the 12 months immediately preceding commencement of the leave; and iii) be employed at a worksite where the Township of Lyndhurst has at least 50 employees within 75 miles. The 12 months the staff member must have been employed need not be consecutive months pursuant to 29 CFR § 825.110(b). The minimum 1,250 hours worked shall be determined according to the principles established under the Fair Labor Standards Act ("FLSA") for determining compensable hours of work pursuant to 29 CFR § 785. Entitlement to FMLA leave taken for the birth of a son or daughter or placement of a son or daughter with the staff member for adoption or foster care shall expire at the end of the twelve-month period beginning on the date of such birth or placement. |
Pursuant to 29 CFR § 825.201(b), married couples both employed by the Township of Lyndhurst are limited to a combined total of 12 weeks of leave during the applicable twelve-month period if the leave is taken for the birth of a child, or to care for such child after birth; for placement of a child with the staff member for adoption or foster care or in order to care for the child after placement; or to care for the staff member's parent with a serious health condition. |
2.
NJFLA Leave. The NJFLA entitles eligible employees with up to 12 weeks of unpaid, job-protected leave in a defined twenty-four-month period for the following reasons:
(a)
The birth of a child and in order to care for such child;
(b)
The placement of a child with the employee for adoption or foster care;
(c)
In order to care for the family member of the employee who is suffering from a serious health condition; or
(d)
Because of any qualifying exigency arising out of the fact that the employee's family member is a military member on active duty or call to covered active duty status (or has been notified of an impending call or order to covered active duty).
NJFLA Eligibility. To be eligible for NJFLA leave, an employee must have: i) worked for the employer for at leave months; and ii) worked at least 1,000 hours in the 12 months immediately preceding commencement of the leave. The calculation of the twelve-month period to determine eligibility shall commence with the commencement of the NJFLA leave. NJFLA leave taken for the birth or adoption of a healthy child may commence at any time within a year after the date of the birth or placement for adoption. |
The employer shall grant a family leave under the NJFLA to more than one employee from the same family at the same time, provided such employees are otherwise eligible for the leave (N.J.A.C. 13:14-1.12). |
NJFLA entitlement period. The method to determine the twenty-four-month period in which the 12 weeks of NJFLA leave entitlement occurs will be a rolling twenty-four-month period measured backward from the date an employee uses any leave. |
b.
Procedure.
1.
The employee shall be required to submit to the personnel administrator a written notice that leave will be taken, indicating the amount of leave to be taken and the reason for the leave. If the leave involves illness, a medical certification shall be submitted along with the leave notice. Said certification shall include:
[Amended 11-9-2021 by Ord. No. 3090-21]
(a)
The date on which the serious health condition commenced;
(b)
The probable duration of the condition;
(c)
The appropriate medical facts within the knowledge of the health care provider regarding the condition;
(d)
Where applicable, a statement that the employee is needed to care for a covered relation and the amount of time needed to care for said person.
The Township of Lyndhurst reserves the right to seek additional documentation necessary to initiate/continue an employees's FMLA leave, in accordance with applicable FMLA regulations.
c.
Intermittent or reduced medical leave certifications shall state:
1.
The dates on which treatment is expected to be given and the duration of such treatment;
2.
A statement of the medical necessity for the intermittent or reduced leave schedule and expected duration;
3.
Where applicable, a statement that an intermittent or reduced leave schedule is necessary to care for a covered relation or will assist in the recovery and the expected duration and schedule of the leave.
d.
Recertification. The township may require subsequent recertification on a reasonable basis. Failure to provide any certification is grounds for denial of the leave. If the township has doubt as to the validity of the certification provided, the township may require, at its expense, that the employee obtain a second opinion from a health care provider selected by the township. If the second opinion differs from the first, a third mutually agreeable health care provider shall be selected, whose opinion shall be binding.
e.
Notice of Leave. If the leave is foreseeable, the employee shall be required to provide at least 30 days' notice prior to leave beginning.
f.
Use of Accrued Time. The township has the option of requiring that an employee utilize accrued vacation, sick and personal leave time for leaves under the FMLA.
g.
Employment While on FMLA or NJFLA Leave. An employee designated for FMLA or NJFLA leave is prohibited from performing any services on a full-time basis for any person for whom the employee did not provide services immediately prior to commencement of the leave. An employee on FLMA or NJFLA leave may commence part-time employment that shall not exceed half the regularly scheduled hours worked for the Township of Lyndhurst. The employee may continue the part-time employment that commenced prior to the FMLA or NJFLA leave at the same number of hours that the staff member was regularly scheduled prior to such leave.
[11-9-2021 by Ord. No. 3090-21]
h.
During a period of unpaid leave to care for a family member with a serious health condition or a newborn or adopted child or child placed into foster care with the employee, the employee may be eligible for up to six consecutive weeks (12 weeks, effective July 2020) of Family Leave Insurance ("FLI") payments through the state in a twelve-month period. FLI is a monetary benefit paid by the state and not a separate leave entitlement, and will thus run concurrently with FMLA and/or FLA leaves.
[11-9-2021 by Ord. No. 3090-21]
i.
The employee may not be eligible to accrue seniority or benefits, including vacation and holidays, during any period of NJFLA leave. The employer will notify employees of their options to continue to participate in our group health plans during NJFLA leave.
[11-9-2021 by Ord. No. 3090-21]
[Ord. #1467; Ord. #1842; Ord. #2271, § I; Ord. #2510, § I; amended 6-12-2018 by Ord. No. 2996-18; 11-9-2021 by Ord. No. 3090-21; 7-10-2025 by Ord. No. 3232-25]
Any full-time employee who is a member of the National Guard, Naval Militia, Air National Guard, or a reserve component of any of the Armed Forces of the United States and is required to engage in field training shall be granted a military leave of absence with pay for the period of such training as is authorized by law. The paid leave of absence shall be in addition to his vacation.
a.
When an employee, after one year's service with the Township, has been called to active duty or inducted into the military or naval forces of the United States, he shall automatically be granted an indefinite leave of absence without pay for the duration of such active military service. Each employee may be reinstated without loss of privileges or seniority provided he reports for duty with the township within 60 days following his honorable discharge from military service.
b.
During the period of active military duty, the employee shall be paid the difference between military salary and the employee's regular salary for a period not to exceed one year. The employee shall be paid the employee's regular salary provided that the employee shall reimburse the Township the full amount of the employee's military salary unless the employee's military salary exceeds the employee's regular Township salary.
c.
Employees on active service shall elect to receive military health care benefits and shall not continue to receive paid health insurance coverage during the one-year period. The employee shall submit proof of military health care benefits and coverage to the Township and shall execute a waiver form. The employee will receive an annual amount equal to 20% of the premium savings realized by the Township for not paying for the coverage, not to exceed $5,000 for the year. If there is a gap in coverage between the employee being honorably discharged from military service and reporting for duty with the Township, the employee may continue coverage for themselves or their dependents under the Township of Lyndhurst group plan by taking advantage of the COBRA provision.
d.
Members of the state-administered retirement systems (PERS and PFRS) will continue accruing service and salary credit in the system during the one-year period.
[Ord. #1467; Ord. #1842; Ord. #2271, § I; Ord. #2510, § I; amended 11-9-2021 by Ord. No. 3090-21]
An employee required to render service as a juror in either state or federal courts shall be entitled to be absent from employment on the days that said employee is required to serve and shall be paid his salary for said absent days provided that monies received for said service by the employee shall be deducted from the regular salary received from the Township.
[Ord. #1467; Ord. #1842; Ord. #2271, § I; Ord. #2510, § I]
In the event of death of a spouse or children, the employee shall be entitled to seven days leave which shall commence with the day of death. In the event of death of parents, brothers or sisters of the employee or spouse, the employee shall be entitled to three days leave. In the event of a death of grandparents of the employee or spouse, the employee shall be entitled to one day leave to attend the funeral services. In the event of a death of a family member of the employee or spouse not provided for above, the employee shall be entitled to one day leave.
[Ord. #1467; Ord. #1842; Ord. #2271, § I; Ord. #2510, § I]
Leave without pay shall be granted to an employee only upon request. It shall be granted only when the employee has used his accumulated sick leave in the case of illness, or his vacation leave if leave without pay is requested for reasons other than illness. Written request for leave without pay must be initiated by the employee, favorably endorsed by the director of the department and approved by the board of commissioners before becoming effective. Such leave, except for military leave without pay, shall not be approved for a period longer than six months at one time. The board of commissioners may extend such leave for an additional six months or any portion thereof.
A request for any type of leave except sick leave or death leave, shall be made on a form prescribed by the personnel administrator. Such request, whenever possible, shall be made far enough in advance to permit approval, and, at the same time, to permit coverage for the particular employment so that municipal services shall not suffer. In the case of sick leave, the employee shall notify his department supervisor immediately if he is unable to report for work.
[Ord. #1842; Ord. #2271, § I; Ord. #2436, § I; Ord. #2510, § I]
Each employee shall be entitled to six personal days off per fiscal year with pay after one full year of employment provided that no employee shall take a personal day on the day before or the day after any vacation or any holiday as set forth in this chapter and further provided that the employee shall give 24 hours' notice prior to taking any personal day. Personal days cannot be carried over to next fiscal year.
[Ord. #2271, § I; Ord. #2510, § I]
a.
As a part of the Anti-Harassment Policy, the Township of Lyndhurst also strictly prohibits sexual harassment including, but not limited to:
1.
Making unwelcome sexual advances or requests for sexual favors a condition of employment;
2.
Making submission to or rejection of such conduct the basis for employment decisions affecting the employee;
3.
Creating an intimidating, hostile or offensive working environment by such conduct;
4.
Making unwelcome, offensive remarks or engaging in physical contact with a subordinate or fellow employee that would not have been made but for the employee's sex, or which is sexually oriented to the extent that it would not occur but for the fact of the employee's gender; or
5.
Harassment based solely on gender, which creates a hostile and offensive work environment.
b.
Sexual harassment may take different forms. One specific form is a demand for sexual favors. Other forms of harassment include, but are not limited to:
1.
Sexual innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions or threats;
2.
Suggestive objects or pictures, graphic commentaries, e-mails, suggestive or insulting sounds, leering, whistling, obscene gestures;
3.
Unwanted physical contact, including touching, pinching, brushing the body, pushing; or
4.
Nonsexual conduct such as intimidation and hostility based solely upon gender.
Part I. Introduction. |
[Ord. #2271, § I; Ord. #2510, § I]
In keeping with the township's philosophy of maintaining the highest standards of professionalism in government, the township believes that it is in the best interest of its employees and the public in general to publicly acknowledge and state its position in support of an alcohol-free and drug-free workplace environment. The use of alcohol and drugs can create serious and debilitating effects on an employee in the performance of his/her duties with direct correlation in serving the needs of the public.
[Ord. #2271, § I; Ord. #2510, § I]
The board of commissioners approves and adopts the following regulations regarding alcohol, narcotic drugs and/or other controlled dangerous substances:
a.
No alcoholic beverages, narcotic drugs and/or other controlled dangerous substances shall be brought onto, consumed, distributed, dispensed or manufactured within the confines of any of the township's municipal buildings, including its parks and recreational facilities.
b.
The consumption and/or use of alcoholic beverages, narcotic drugs or any other controlled dangerous substances by any employee of the township during either regular or overtime hours and lunch hours is strictly forbidden.
c.
No alcoholic beverages, narcotic drugs and/or other controlled dangerous substances shall be carried, transported, consumed within any vehicle, truck or on any equipment under the jurisdiction of the township.
d.
The operation and/or maintenance of any vehicles and/or equipment by any employee who may be under the influence of alcohol, narcotic drugs and/or other controlled dangerous substances to any degree whatsoever is expressly forbidden. This prohibition covers any employee who may report to work in an intoxicated fashion or is found to be under the influence of narcotic drugs and/or any other controlled dangerous substances. The operation and use of vehicles and equipment includes but shall not be limited to any automobiles, trucks of whatever size or character, snowplow and spreader equipment, chainsaws, power tools, lawn mowers, recycling equipment and any other equipment used and operated by the department of public works or parks departments.
[Ord. #2271, § I; Ord. #2510, § I]
a.
The Township of Lyndhurst plan includes the following types of drug testing: (1) Applicant testing; (2) Random testing of those employees in sensitive positions that have been designated as testing designated positions; (3) Reasonable suspicion testing; (4) Accident or unsafe practice testing; (5) Voluntary testing, and (6) Testing as part of or as a follow-up to counseling or rehabilitation.
b.
The frequency of testing, random testing, voluntary testing, and follow up testing is specified in Part XV, Part XI, subsection 5-21.47, and Part VII, subsection 5-21.26 respectively. The board of commissioners reserves the right to increase or decrease the frequency of testing based on the Township of Lyndhurst's mission, need, availability of resources, and experience in the program, consistent with the duty to achieve a drug-free workplace under the executive order.
[Ord. #2271, § I; Ord. #2510, § I; amended 11-9-2021 by Ord. No. 3090-21]
The Township of Lyndhurst will test for the following drugs: cocaine, amphetamines, opiates and phencyclidine (PCP), as well as alcohol.
[Ord. #2271, § I; Ord. #2510, § I]
This order shall be effective immediately for all Township of Lyndhurst employees.
[Ord. #2271, § I; Ord. #2510, § I]
The active participation and support of labor organizations can contribute to the success of this program. The board of commissioners will seek ways in which recognized bargaining unit representatives might assist in program implementation, such as in acquainting employees with rehabilitation facilities and by enhancing employee confidence in the program. The board of commissioners will continue to observe agreements already reached, and will include union representatives in general orientation programs.
Part II. Definitions. |
[Ord. #2271, § I; Ord. #2510, § I]
Shall mean any individual tentatively selected:
Shall mean the Township of Lyndhurst based counseling program that offers assessment, short-term counseling, and referral services to employees for a wide range of drug, alcohol, and mental health problems, and monitors the progress of employees while in treatment.
Shall mean:
Employees in positions designated by the board of commissioners as special sensitive, critical sensitive, or noncritical sensitive under Chapter 7631 of the Federal Personnel manual, or employees in positions designated by the board of commissioners as sensitive in accordance with Executive Order No. 10450, as amended;
Employees granted access to classified information or who may be granted access to classified information pursuant to a determination of trustworthiness by the board of commissioners under Section 4 of Executive Order No. 12356;
Law enforcement officers;
Other positions that the board of commissioners determines involve law enforcement, the protection of life and property, public health or safety, or other functions requiring a high degree of trust and confidence.
Shall mean the individual designated by the board of commissioners to be responsible for ensuring the development, implementation and review of the township EAP.
Shall mean a controlled substance included in Schedule I or II, as defined by section 802(6) of Title 21 of the United States Code, the possession of which is unlawful under Chapter 13 of that Title. The term "illegal drugs" does not mean the use of a controlled substance pursuant to a valid prescription or other uses authorized by law. For the purposes of this section, illegal drugs shall include alcohol.
Shall mean the individual responsible for receiving laboratory results generated from the Township of Lyndhurst drug-free workplace program who is a licensed physician with knowledge of substance abuse disorders and the appropriate medical training to interpret and evaluate all positive test results together with an individual's medical history and any other relevant biomedical information.
Shall mean a system of drug testing imposed without individualized suspicion that a particular individual is using illegal drugs, and may either be:
Shall mean an employee having authority to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline, or remove other employees, to adjust their grievances, or to effectively recommend such action, if the exercise of the authority is not merely routine or clerical in nature, but requires the consistent exercise of independent judgment. 5 U.S.C. § 7103 (a) (10).
Shall mean employment positions within the Township of Lyndhurst which have been designated for random testing under subsection 5-21.33 of this plan.
Shall mean a test result that was positive on an initial FDA-approved immunoassay test, confirmed by a gas chromatography/mass spectrometry assay (or other confirmatory tests approved by the Department of Health and Human Services), and reviewed and verified by the medical review officer in accordance with this plan and the Mandatory Guidelines for Federal Workplace Drug Testing Programs.
Part III. Employee Assistance Programs. |
[Ord. #2271, § I; Ord. #2510, § I]
The Township of Lyndhurst's EAP plays an important role in preventing and resolving employee alcohol and drug use by: demonstrating the township's commitment to eliminating alcohol and illegal drug use; providing employees an opportunity, with appropriate assistance, to discontinue their alcohol or drug use; providing educational materials to supervisors and employees on drug use issues; assisting supervisors in confronting employees who have performance and/or conduct problems and making referrals to appropriate treatment and rehabilitative facilities; and follow-up with individuals during the rehabilitation period to track their progress and encourage successful completion of the program. The EAP, however, shall not be involved in the collection of urine samples or the initial reporting of test results. Specifically, the EAP shall:
a.
Provide counseling and assistance to employees who self-refer for treatment or whose alcohol or drug tests have been verified positive, and monitor employees' progress through treatment and rehabilitation;
b.
Provide needed education and training to all levels of the township on types and effects of alcohol and drugs, symptoms of drug use and its impact on performance and conduct, relationship of the EAP to drug testing, and related treatment, rehabilitation, and confidentiality issues;
c.
Ensure that confidentiality of test results and related medical treatment and rehabilitation records is maintained in accordance with Part XIV.
[Ord. #2271, § I; Ord. #2510, § I]
Any employee found to be using alcohol or drugs shall be referred to the EAP. The EAP shall be administered separately from the testing program, and shall be available to all employees without regard to a finding of drug use. The EAP shall provide counseling or rehabilitation for all referrals, as well as education and training regarding alcohol and illegal drug use. The EAP is available not only to township employees, but, when feasible, to the families of employees with drug problems, and to employees with family members who have drug problems.
In the event that the employee is not satisfied with the program of treatment or rehabilitation, such employee may seek review of prior completion of the program. The decision of the EAP administrator shall be final and shall not be subject to further administrative review. Regardless of the treatment program chosen, the employee remains responsible for successful completion of the treatment, and assertions that the counselor failed to consider one or more of the factors in subsection 5-21.20e in making a referral shall not constitute either an excuse for continuing to use illegal drugs or a defense to disciplinary action if the employee does not complete treatment.
[Ord. #2271, § I; Ord. #2510, § I]
Employees shall be allowed up to one hour (or more as necessitated by travel time) of excused absence for each counseling session, up to a maximum of four hours, during the assessment/referral phase of rehabilitation. Absences during duty hours for rehabilitation treatment must be charged to the appropriate leave category in accordance with law and leave regulations.
[Ord. #2271, § I; Ord. #2510, § I]
All EAP operations shall be confidential in accordance with Part XIV of this plan relating to records and confidentiality.
[Ord. #2271, § I; Ord. #2510, § I]
The personnel administrator shall be responsible for oversight and implementation of the township EAP, and will provide, with the support of the board of commissioners, high level direction and promotion of the EAP.
Part IV. Supervisory Training. |
[Ord. #2271, § I; Ord. #2510, § 1]
As supervisors have a key role in establishing and monitoring an alcohol and drug-free workplace, the Township of Lyndhurst shall provide training to assist supervisors in recognizing and addressing illegal drug use by township employees. The purpose of supervisory training is to understand:
a.
Agency policies relevant to work performance problems, alcohol or drug use, and the township EAP;
b.
The responsibilities of offering EAP services;
c.
How employee performance and behavioral changes should be recognized and documented;
d.
The roles of the medical review officer, medical staff, supervisors, personnel, and EAP personnel;
e.
The ways to use the township EAP;
f.
How the EAP is linked to the performance appraisal and the disciplinary process; and
g.
The process of reintegrating employees into the workplace.
[Ord. #2271, § I; Ord. #2510, § I]
The personnel administrator shall be responsible for implementing supervisory training, and shall develop a training package to ensure that all employees and supervisors are fully informed of the township's Alcohol and Drug-Free Workplace Plan.
[Ord. #2271, § I; Ord. #2510, § I]
Supervisory training shall be required of all supervisors and may be presented as a separate course, or be included as part of an ongoing supervisory training program. Training shall be provided as soon as possible after a person assumes supervisory responsibility. Training courses should include:
a.
Overall agency policy;
b.
The prevalence of various employee problems with respect to drugs and alcohol;
c.
The EAP approach to handling problems including the supervisors role and relationship to EAP;
d.
How to recognize employees with possible problems;
e.
Documentation of employee performance or behavior;
f.
Skills in confronting employees with possible problems;
g.
Agency procedures for referring employees to EAP;
h.
Disciplinary action, and removals from sensitive positions as required by Section 5 (c) of the Executive Order;
i.
Reintegration of employees into the workforce; and
j.
Written materials which the supervisor can use at the work site.
Part V. Employee Education. |
[Ord. #2271, § I; Ord. #2510, § I]
The EAP administrator shall offer alcohol and drug education to all township employees. Drug education should include education and training to all levels of the Township of Lyndhurst on:
[Ord. #2271, § I; Ord. #2510, § I]
The Township of Lyndhurst shall have an alcohol and drug program coordinator assigned to carry out the purposes of this plan. The alcohol and drug program coordinator shall be responsible for implementing, directing, administering, and managing the alcohol and drug program within the township. The drug program coordinator shall serve as the principal contact with the laboratory and for collection activities in assuring the effective operation of the testing portion of the program. In carrying out his or her responsibilities, the alcohol and drug program coordinator shall, among other duties:
a.
Arrange for all testing authorized under this order;
b.
Ensure that all employees subject to random testing receive individual notice as described in subsection 5-21.26 of this plan, prior to implementation of the program, and that such employees return a signed acknowledgment of receipt form;
c.
Document, through written inspection reports, all results of laboratory inspections conducted;
d.
Coordinate with and report to the board of commissioners on alcohol and drug program coordinator activities and findings that may affect the reliability or accuracy of laboratory results;
e.
In coordination with the EAP administrator, publicize and disseminate drug program educational materials, and oversee training and education sessions regarding drug use and rehabilitation; and
f.
Coordinate all alcohol and drug program coordinator duties in field offices wherever possible to conserve resources and to efficiently and speedily accomplish reliable and accurate testing objectives.
[Ord. #2271, § I; Ord. #2510, § I]
The EAP coordinator shall:
a.
Implement and operate the EAP within the township component assigned to the coordinator;
b.
Provide counseling and treatment services to all employees referred to the EAP by their supervisors or on self-referral, and otherwise offer employees the opportunity for counseling and rehabilitation;
c.
Coordinate with the board of commissioners, the medical review officer and supervisors, as appropriate;
d.
Work with the drug program coordinator to provide educational materials and training to managers, supervisors, and employees on illegal drugs in the workplace;
e.
Assist supervisors with performance and/or personnel problems that may be related to illegal drug use;
f.
Monitor the progress of referred employees during and after the rehabilitation period, and provide feedback to supervisors in accordance with 42 CFR Part 2, Confidentiality of Alcohol and Drug Abuse Patient Records;
g.
Ensure that the training is provided to assist supervisors in the recognition and documentation of facts and circumstances that support a reasonable suspicion that an employee may be using illegal drugs;
h.
Maintain a list of rehabilitation or treatment organizations which provide counseling and rehabilitative programs, and include the following information on each organization:
i.
Periodically visit rehabilitative or treatment organizations to meet administrative and staff members, tour the site, and ascertain the experience, certification and educational level of staff, and the organization's policy concerning progress reports on clients and post-treatment follow-up.
[Ord. #2271, § I; Ord. #2510, § I]
The employee assistance counselors shall:
a.
Serve as the initial point of contact for employees who ask or are referred for counseling;
b.
Be familiar with all applicable law and regulation, including drug treatment and rehabilitation insurance coverage available to employees through the Federal Employee Health Benefits Program;
c.
Meet the qualifications as determined by the EAP administrator and be trained in counseling employees in the occupational setting, and in identifying drug use;
d.
Document and sign the treatment plan prescribed for all employees referred for treatment, after obtaining the employee's signature on this document; and
e.
In making referrals, consider the:
[Ord. #2271, § I; Ord. #2510, § I]
The Township of Lyndhurst shall have a medical review officer assigned to carry out the purposes of this order. The medical review officer shall, among other duties:
a.
Receive all laboratory test results;
b.
Assure that an individual who has tested positive has been afforded an opportunity to discuss the test result in accordance with subsection 5-21.52 of this plan;
c.
Consistent with confidentiality requirements, refer written determinations regarding all verified positive test results to the EAP administrator, including a positive drug test result form indicating that the positive result has been verified, together with all the relevant documentation and a summary of findings;
d.
Confirm with the appropriate personnel official whether an individual who has been tentatively selected for employment with the township has obtained a verified positive test result;
e.
Coordinate with and report to the board of commissioners on all activities and findings on a regular basis.
[Ord. #2271, § I; Ord. #2510, § I]
Supervisors will be trained to recognize and address alcohol and illegal drug use by employees, and will be provided information regarding referral of employees to the EAP, procedures and requirements for drug testing, and behavioral patterns that give rise to a reasonable suspicion that an employee may be using illegal drugs. Except as modified by the board of commissioners to suit specific program responsibilities, first-line supervisors shall:
a.
Attend training sessions on alcohol and illegal drug use in the workplace;
b.
Initiate a drug test based on reasonable suspicion as described in Part X;
c.
Refer employees to the EAP for assistance in obtaining counseling and rehabilitation, upon a finding of illegal drug use;
d.
Initiate appropriate disciplinary action upon a finding of illegal drug use; and
e.
In conjunction with personnel specialists, assist higher-level supervisors and the EAP administrator in evaluating employee performance and/or personnel problems that may be related to illegal drug use.
A higher-level supervisor shall review and concur, in advance, with all tests ordered on the basis of a reasonable suspicion in accordance with Part X.
[Ord. #2271, § I; Ord. #2510, § I]
Each department shall implement the drug-free workplace plan and ensure that the plan is efficiently and effectively accomplished in accordance with this order and all other applicable regulation.
[Ord. #2271, § I; Ord. #2510, § I]
Wherever existing facilities are inadequate to implement this order, the medical review officer shall ensure that contract laboratories chosen to perform the drug screening tests are duly certified according to subpart C of the Mandatory Guidelines for Federal Workplace Drug Testing Programs and that any other contracts to implement this order conform to the technical specifications of the Mandatory Guidelines.
Part VII. Notice. |
[Ord. #2271, § I; Ord. #2510, § I]
A general notice from the board of commissioners announcing the testing program, as required by the Executive Order Section 4(a), will be provided to all employees no later than 60 days prior to the implementation date of the plan.
a.
The purpose of the alcohol and drug-free workplace plan;
b.
That the plan will include both voluntary and mandatory testing;
c.
That those who hold positions selected for random testing will also receive an individual notice, prior to the commencement of the testing, indicating that their position has been designated a testing designated position;
d.
The availability and procedures necessary to obtain counseling and rehabilitation through the EAP;
e.
The circumstances under which testing may occur;
f.
That opportunity will be afforded to submit medical documentation of lawful use of an otherwise illegal drug;
g.
That the laboratory assessment is a series of tests which are highly accurate and reliable, and that, as an added safeguard, laboratory results are reviewed by the medical review officer;
h.
That positive test results verified by the medical review officer may only be disclosed to the employee, the appropriate EAP administrator, the appropriate management officials necessary to process an adverse action against the employee, or a court of law or administrative tribunal in any adverse personnel action;
i.
That all medical and rehabilitation records in an EAP will be deemed confidential "patient" records and may not be disclosed without the prior written consent of the patient, and authorizing court order, or otherwise as permitted by federal law implemented at 42 CFR Part 2.
[Ord. #2271, § I; Ord. #2510, § I]
In addition to the information provided in the general practice, an individual notice will be distributed to all employees in testing designated positions explaining:
a.
That the employee's position has been designated a "testing designated position";
b.
That the employee will have the opportunity to voluntarily admit to being a user of illegal drugs and to receive counseling or rehabilitation;
c.
That the employee's position will be subject to random testing no sooner that 30 days following the notice.
[Ord. #2271, § I; Ord. #2510, § I]
Each employee in a testing designated position shall be asked to acknowledge in writing that the employee has received and read the notice which states that the employee's position has been designated for random drug testing, and that refusal to submit to testing shall result in initiation of disciplinary action, up to and including dismissal. If the employee refuses to sign the acknowledgment, the employee's supervisor shall note on the acknowledgment form that the employee received the notice. This acknowledgment, which is advisory only, shall be centrally collected for easy retrieval by the supervisor. An employee's failure to sign the notice shall not preclude testing of that employee, or otherwise affect the implementation of this order since the general sixty-day notice will previously have notified all agency employees of the requirement to be drug-free.
[Ord. #2271, § I; Ord. #2510, § I]
If an employee believes his or her position has been wrongly designated a testing designated position, that employee may file an administrative appeal to the board of commissioners which has authority to remove the employee from the testing designated position list. The appeal must be submitted by the employee, in writing, to the board of commissioners within 15 days of notification, setting forth all relevant information. The board of commissioners shall review the appeal based upon the criteria applied in designating that employee's position as a testing designated position. The board of commissioner's decision is final and is not subject to further administrative review.
Part VIII. Finding of Alcohol or Drug Use and Disciplinary Consequences. |
[Ord. #2271, § I; Ord. #2510, § I]
An employee may be found to use alcohol or illegal drugs on the basis of any appropriate evidence including, but not limited to:
[Ord. #2271, § I; Ord. #2510, § I]
The Township of Lyndhurst shall refer an employee found to use alcohol or illegal drugs to the EAP, and, if the employee occupies a sensitive position, immediately remove the employee from that position without regard to whether it is a testing designated position. At the discretion of the board of commissioners, however, and as part of an EAP, an employee's return would not endanger public health or safety or national security.
[Ord. #2271, § I; Ord. #2510, § I]
a.
Disciplinary action taken against an employee found to use alcohol or illegal drugs may include the full range of disciplinary actions, including removal. The severity of the action chosen will depend on the circumstances of each case, and will be consistent with the executive order. The Township of Lyndhurst shall initiate disciplinary action against any employee found to use illegal drugs but shall not discipline an employee who voluntarily admits to illegal drug use in accordance with subsection 5-21.34 of the plan.
b.
Such disciplinary action, consistent with the requirements of any governing collective bargaining agreement and other ordinances and regulations, may include any of the following measures but some disciplinary actions must be initiated:
1.
Reprimanding the employee in writing;
2.
Placing the employee in an enforced leave status;
3.
Suspending the employee for 14 days or less;
4.
Suspending the employee for 15 days or more;
5.
Suspending the employee until the employee successfully completes the EAP or until the Township of Lyndhurst determines that action other than suspension is more appropriate;
6.
Terminating the employee from employment.
[Ord. #2271, § I; Ord. #2510, § I]
The Township of Lyndhurst shall initiate action to remove an employee for:
a.
Refusing to obtain counseling or rehabilitation through an EAP as required by the executive order after having been found to use illegal drugs.
b.
Not refraining from illegal drug use after a first finding of such use.
All letters to propose and decide on a separation action should be worked out in consultation with the personnel administrator.
[Ord. #2271, § I; Ord. #2510, § I]
An employee who refuses to be tested when so required will be subject to the full range of disciplinary action, including dismissal. No applicant who refuses to be tested shall be extended an offer of employment. Attempts to alter or substitute the specimen provided will be deemed a refusal to take the drug test when required.
[Ord. #2271, § I; Ord. #2510, § I]
Under Executive Order 12564, the township is required to initiate action to discipline any employee found to use illegal drugs in every circumstance except that such discipline is not required for an employee who (1) voluntarily admits his or her drug use; (2) completes counseling or an EAP; and (3) thereafter refrains from drug use.
a.
Because the order permits an agency to create a "safe harbor" for an employee who meets all three of these conditions, the township has decided to create such a "safe harbor" and will not initiate disciplinary action against employees who satisfy the provisions of this subsection.
b.
A fundamental purpose of the Township of Lyndhurst's drug-free workplace plan is to assist employees who themselves are seeking treatment for drug use. For this reason, the Township of Lyndhurst will not initiate disciplinary action against any employee who meets all three of these conditions:
c.
This self-referral option allows any employee to step forward and identify him/herself as an illegal drug user for the purpose of entering a drug treatment program under the EAP. In stepping forward, and consistent with Part XII, subsection 5-21.50, an employee may volunteer for a drug test as a means of identification. Although this self-identification test may yield a verified positive test result, such result shall not subject an employee to discipline assuming the three safe harbor requirements are met.
d.
Since the key to this provision's rehabilitative effectiveness is an employee's willingness to admit his or her problem, this provision is not available to an employee who requests protection under this provision after:
[Ord. #2271, § I; Ord. #2510, § I]
The Executive Order requires random testing for employees in sensitive positions, subject to township criteria. As specified in Part XV of this plan, the board of commissioners has determined that some of these sensitive positions are testing designated positions subject to random testing. The position titles designated for random drug testing are listed in Part XV, along with the criteria and procedures applied in designating such positions for drug testing, including the justification for such criteria and procedures.
[Ord. #2271, § I; Ord. #2510, § I]
a.
Among the factors the board of commissioners has considered in designating a testing designated position, are the extent to which the Township of Lyndhurst has positions which:
b.
These positions are characterized by critical safety or security responsibilities. The job functions associated with the positions protect life and property, or law enforcement. These positions are identified for random testing because they require the highest degree of trust and confidence. The board of commissioners reserves the right to add or delete positions determined to be testing designated positions pursuant to the criteria established in the Executive Order and this plan. Moreover, the board of commissioners has determined, pursuant to 42 U.S.C. § 290ee-1(b) (2) (B), that all positions which have been or will be designated as testing designated positions under this plan are "sensitive positions" and are therefore exempted from coverage under 42 U.S.C. § 290ee-1(b).
[Ord. #2271, § I; Ord. #2510, § I]
In implementing the program of random testing the drug program coordinator shall:
a.
Ensure that the means of random selection remains confidential; and
b.
Evaluate periodically whether the numbers of employees tested and the frequency with which those tests will be administered satisfy the Township of Lyndhurst's duty to achieve a drug-free work force.
The number of sensitive employees occupying testing designated positions and the frequency with which random tests will be administered are specified in Part XV.
[Ord. #2271, § I; Ord. #2510, § I]
An individual selected for random testing, and the individual's first-line supervisor, shall be notified the same day the test is scheduled, preferably within two hours of the scheduled testing. The supervisor shall explain to the employee that the employee is under no suspicion of taking drugs and that the employee's name was selected randomly.
[Ord. #2271, § I; Ord. #2510, § I]
An employee selected for random drug testing may obtain a deferral of testing if the employee's first-line and higher-level supervisors concur that a compelling need necessitates a deferral on the grounds that the employee is:
a.
In a leave status (sick, administrative or leave without pay); or
b.
In official travel status away from the test site or is about to embark on official travel scheduled prior to testing notification.
An employee whose random drug test is deferred will be subject to an unannounced test within the following 60 days.
Part X. Reasonable Suspicion Testing. |
[Ord. #2271, § I; Ord. #2510, § I]
Reasonable suspicion testing may be based upon, among other things:
a.
Observable phenomena, such as direct observation of drug use or possession and/or the physical symptoms of being under the influence of a drug;
b.
A pattern of abnormal conduct or erratic behavior;
c.
Arrest or conviction for a drug-related offense, or the identification of an employee as the focus of a criminal investigation into illegal drug possession, use, or trafficking;
d.
Information provided either by reliable and credible sources or independently corroborated; or
e.
Newly discovered evidence that the employee has tampered with a previous drug test.
Although reasonable suspicion testing does not require certainty, mere "hunches" are not sufficient to meet this standard.
[Ord. #2271, § I; Ord. #2510, § I]
If an employee is suspected of using illegal drugs, the appropriate supervisor will gather all information, facts, and circumstances leading to and supporting this suspicion and report same to that supervisor's immediate supervisor.
When higher-level concurrence of a reasonable suspicion determination has been made, the appropriate supervisor will promptly prepare a written report detailing the circumstances which formed the basis to warrant the testing. This report should include the appropriate dates and times of reported drug related incidents, reliable/credible sources of information, rationale leading to the test, and the action taken.
[Ord. #2271, § I; Ord. #2510, § I]
The employee may be asked to provide the urine sample under observation in accordance with the criteria in subsection 5-21.53.
[Ord. #2271, § I; Ord. #2510, § I]
In accordance with Part IV, supervisors will be trained to address illegal drug use by employees, to recognize facts that give rise to reasonable suspicion, and to document facts and circumstances to support a finding of reasonable suspicion. Failure to receive such training, however, shall not invalidate otherwise proper reasonable suspicion testing.
Part XI. Applicant Testing. |
[Ord. #2271, § I; Ord. #2510, § I]
To maintain the high professional standards of the Township of Lyndhurst workforce, it is imperative that individuals who use illegal drugs be screened out during the initial employment process before they are placed on the employment rolls of the township. This procedure will have a positive effect on reducing instances of illegal drug use by employees working within the Township of Lyndhurst, and will provide for a safer working environment. For these reasons, drug testing shall be required of all applicants as defined in Part II.
[Ord. #2271, § I; Ord. #2510, § I]
Every vacancy announcement for positions designated for applicant testing shall state:
"All applicants tentatively selected for this position will be required to submit to urinalysis to screen for illegal drug use prior to appointment."
In addition, each applicant will be notified that appointment to the position will be contingent upon a negative drug test result. Failure of the vacancy announcement to contain this statement notice will not preclude applicant testing if advance written notice is provided applicants in some other manner.
[Ord. #2271, § I; Ord. #2510, § I]
a.
The drug program coordinator shall direct applicants to an appropriate collection facility. The drug test must be undertaken as soon after notification as possible, and no later than 48 hours after notice to the applicant. Where appropriate, applicants may be reimbursed for reasonable travel expenses.
b.
Applicants shall be advised of the opportunity to submit medical documentation that may support a legitimate use for a specific drug and that such information will be reviewed only by the medical review officer to determine whether the individual is licitly using an otherwise illegal drug.
[Ord. #2271, § I; Ord. #2510, § I]
Upon notification that an individual has been tentatively selected for employment with the Township of Lyndhurst, the personnel administrator shall assure, after consultation with the medical review officer, that a drug test has been conducted on that individual and determine whether the test result is a verified positive result.
[Ord. #2271, § I; Ord. #2510, § I]
The Township of Lyndhurst will decline to extend a final offer of employment to any applicant with a verified positive test result, and such applicant may not reapply to the Township of Lyndhurst for a period of six months. The personnel administrator working on the applicant's certificate shall be directed to object to the applicant on the basis of failure to pass the physical, a lack of personal characteristics necessary to relate to public employment or failure to support the goals of the Township of Lyndhurst. The Township of Lyndhurst shall inform such applicant that a confirmed presence of an illegal drug in the applicant's urine precludes the Township of Lyndhurst from hiring the applicant.
Part XII. Additional Types of Drug Testing. |
[Ord. #2271, § I; Ord. #2510, § I]
The Township of Lyndhurst is committed to providing a safe and secure work environment. Employees involved in on-the-job accidents or who engage in unsafe on-duty job-related activities that pose a danger to others or the overall operation of the Township of Lyndhurst, may be subject to testing. Based on the circumstances of the accident or unsafe act, the department head may initiate testing when such circumstances involve:
[Ord. #2271, § I; Ord. #2510, § I]
In order to demonstrate their commitment to the Township of Lyndhurst's goal of a drug-free workplace and to set an example for other Federal employees, employees not in testing designated positions may volunteer for unannounced random testing by notifying the drug program coordinator. These employees will then be included in the pool of testing designated positions subject to random testing, and be subject to the same conditions and procedures, including the provisions of subsection 5-21.34. Volunteers shall remain in the testing designated positions pool until they withdraw from participation by notifying the drug program coordinator of such intent at least 48 hours prior to a scheduled test.
[Ord. #2271, § I; Ord. #2510, § I]
All employees referred through administrative channels who undergo a counseling or rehabilitation program for illegal drug use through the EAP will be subject to unannounced testing following completion of such a program for a period of one-year. Such employees shall be tested at the frequency stipulated in the abeyance contract, or, in the alternative, at an increased frequency of once a month. Such testing is distinct from testing which may be imposed as a component of the EAP.
Part XIII. Test Procedures in General. |
[Ord. #2271, § I; Ord. #2510, § I]
The Township of Lyndhurst shall adhere to the mandatory Guidelines for Federal Workplace Drug Testing Programs promulgated by the Department of Health and Human Services consistent with the authority granted by Executive Order 12564, and to the requirements of Section 503 of the Act. The Township of Lyndhurst's drug testing component shall have professionally trained collection personnel, quality assurance requirements for urinalysis procedures, and strict confidentiality requirements.
[Ord. #2271, § I; Ord. #2510, § I]
Any individual subject to testing under this plan, shall be permitted to provide urine specimens in private, and in a rest room stall or similar enclosure so that the employee is not observed while providing the sample. Collection site personnel of the same gender as the individual tested, however, may observe the individual provide the urine specimen when such personnel have reason to believe the individual may alter or substitute the specimen to be provided. Collection site personnel may have reason to believe that a particular individual may alter or substitute the specimen to be provided when:
[Ord. #2271, § I; Ord. #2510, § I]
Failure to appear for testing without deferral will be considered refusal to participate in testing, and will subject an employee to the range of disciplinary actions, including dismissal, and an applicant to the cancellation of an offer of employment. If an individual fails to appear at the collection site at the assigned time, the collector shall contact the drug program coordinator to obtain guidance on action to be taken.
[Ord. #2271, § I; Ord. #2510, § I]
a.
When a confirmed positive result has been returned by the laboratory, the medical review officer shall perform the duties set forth in the mandatory guidelines. For example, the medical review officer may choose to conduct employee medical interviews, review employee medical history, or review any other relevant biomedical factors. The medical review officer must review all medical records made available by the tested employee when a confirmed positive test could have resulted from legally prescribed medication. Evidence to justify a positive test result may include, but is not limited to:
b.
Individuals are not entitled, however, to present evidence to the medical review officer in a trial-type administrative proceeding, although the medical review officer has the discretion to accept evidence in any manner the medical review officer determines there is no justification for the positive result, such result will then be considered a verified test result. The medical review officer shall immediately contact the EAP administrator and appropriate management official upon obtaining a verified positive test result.
[Ord. #2271, § I; Ord. #2510, § I]
While participating in a counseling or rehabilitation program, and at the request of the program, the employee may be exempted from the random testing designated positions pool for a period not to exceed 60 days, or for a time period specified in an abeyance contract or rehabilitation plan approved by the board of commissioners. Upon completion of the program, the employee immediately shall be subject to follow-up testing pursuant to subsection 5-21.51.
[Ord. #2271, § I; Ord. #2510, § I]
To the extent that any of the procedures specified in this section are inconsistent with any of those specified in the Mandatory Guidelines for Federal Workplace Drug Testing Programs promulgated by the Department of Health and Human Services, or any subsequent amendment thereto, such mandatory guidelines or amendment shall supersede the procedures specified in this section, but only to the extent of the inconsistency.
Part XIV. Records and Reports. |
[Ord. #2271, § I; Ord. #2510, § I]
a.
The laboratory may disclose laboratory test results only to the medical review officer or the staff of the medical review officer. Any positive test result which the medical review officer justifies by acceptable and appropriate medical or scientific documentation to account for the result as other than the intentional ingestion of an illegal drug will be treated as a negative test result and may not be released for purposes of identifying illegal drug use. Test results will be protected under the provisions of the Privacy Act, 5 U.S.C. § 552a, et seq., and Section 503(e) of the Act, and may not be released in violation of either act. The medical review officer may maintain only those records necessary for compliance with this order. Any records of the medical review officer, including drug test results, may be released to any management official for purposes of auditing the activities of the medical review officer, except that the disclosure of the results of any audit may not include personal identifying information on any employee.
b.
In order to comply with Section 503(e) of the Act, the results of a drug test of a township employee may not be disclosed without the prior written consent of such employee, unless the disclosure would be:
1.
To the medical review officer;
2.
To the EAP administrator in which the employee is receiving counseling or treatment or is otherwise participating;
3.
To any supervisory or management official within the Township of Lyndhurst having authority to take adverse personnel action against such employee; or
4.
Pursuant to the order of a court of competent jurisdiction or where required by the United States Government to defend against any adverse personnel action.
c.
For purposes of this section, "management official" includes any management, government, security or personnel official whose duties necessitate review of the test results in order to process adverse personnel action against the employee. In addition, test results with all identifying information removed shall also be made available to the Township of Lyndhurst personnel, including the drug program coordinator, for data collection and other activities necessary to comply with Section 503(f) of the Act.
[Ord. #2271, § I; Ord. #2510, § I]
a.
All drug testing information specifically relating to individuals is confidential and should be treated as such by anyone authorized to review or compile program records. In order to efficiently implement this order and to make information readily retrievable, the drug program coordinator shall maintain all records relating to reasonable suspicion testing, suspicion of tampering with evidence, and any other authorized documentation necessary to implement this order.
b.
All records and information of the personnel actions taken on employees with verified positive test results should be forwarded to the servicing personnel office. Such shall remain confidential, locked in a combination safe, with only authorized individuals who have a "need-to-know" having access to them.
[Ord. #2271, § I; Ord. #2510, § I]
The EAP administrator shall maintain only those records necessary to comply with this order. After an employee is referred to an EAP, the EAP will maintain all records necessary to carry out its duties. All medical and/or rehabilitation records concerning the employee's drug abuse, including EAP records of the identity, diagnosis, prognosis, or treatment are confidential and may be disclosed only as authorized by 42 CFR Part 2, including the provision of written consent by the employee. With written consent, the patient may authorize the disclosure of those records to the patient's employer for verification of treatment or for a general evaluation of treatment progress. [42 CFR Subsection 2.1 et seq. (1986), revised regulations promulgated at 52 FR 21796, June 9, 1987.]
[Ord. #2271, § I; Ord. #2510, § I]
The Township of Lyndhurst shall establish or amend a record keeping system to maintain the records of the Township of Lyndhurst drug-free workplace program consistent with the Township of Lyndhurst privacy act system of records and with all applicable federal laws, rules and regulations regarding confidentiality of records including the Privacy Act (5 U.S.C. Subsection 552a). If necessary, records may be maintained as required by subsequent administrative or judicial proceedings, or at the discretion of the Township of Lyndhurst. The record keeping system should capture sufficient documents to meet the operational and statistical needs of this order, and include:
a.
Notices of verified positive test results referred by the medical review officer;
b.
Written material justifying reasonable suspicion testing or evidence that an individual may have altered or tampered with a specimen;
c.
Anonymous statistical reports; and
d.
Other documents the drug program coordinator, medical review officer, or EAP Administrator deems necessary for efficient compliance with this order.
[Ord. #2271, § I; Ord. #2510, § I]
Any contractor hired to satisfy any part of this order shall comply with the confidentiality requirements of this order, and all applicable federal laws, rules, regulations and guidelines.
[Ord. #2271, § I; Ord. #2510, § I]
The drug program coordinator shall collect and compile anonymous statistical data for reporting the number of:
a.
Random tests, reasonable suspicion tests, accident or unsafe practice tests, follow-up tests, or applicant tests administered;
b.
Verified positive tests results;
c.
Voluntary drug counseling referrals;
d.
Involuntary drug counseling referrals;
e.
Terminations or denial of employment offers resulting from refusal to submit to testing;
f.
Terminations or denial of employment offers resulting from alteration of specimens;
g.
Terminations or denial of employment offers resulting from failure to complete a drug abuse counseling program; and
h.
Employees who successfully complete EAP.
Part XV. Position Titles Designated for Random Testing. |
[Ord. #1483; Ord. #1842; Ord. #2271, § I; Ord. #2510, § I]
All employees are expected to meet the township's work performance standards. The intent of the Disciplinary Action Procedure is to formally document problems and provide the employee with a reasonable time to improve performance. The process should encourage development by providing employees with guidance in areas that need improvement such as poor work performance, attendance problems, personal conduct, general compliance with the township's policies and procedures and other disciplinary problems.
Should a supervisor believe that an employee is not conforming to the township's policies and rules or to specific instructions, or has acted improperly, the supervisor will first privately discuss the matter with the employee to obtain the employee's view. If the supervisor determines that the employee has acted improperly, the supervisor shall take one of the following actions depending upon the gravity and the employee's past record:
a.
Verbal Reprimand. Depending on the circumstances, the supervisor may verbally notify the employee that the employee's actions have been improper and warn the employee against further occurrences. The supervisor will prepare a record of the verbal reprimand including the date, time and what was discussed with the employee. This record must be forwarded to the personnel administrator for the employee's official personnel file.
b.
Commissioner Review. Should the supervisor consider the offense sufficiently serious to warrant consideration by the commissioner, the employee will be so advised and a meeting arranged with the commissioner at the earliest possible date. All facts should be detailed at this meeting and, if possible, a determination will be made at that time of disciplinary action, if any.
c.
Written Reprimand. When a supervisor determines that a written reprimand is appropriate, the situation must be discussed with the commissioner. The reprimand should clearly identify the problem and outline a course of corrective action within a specific time frame. The employee should clearly understand both the corrective action and the consequence (i.e., termination) if the problem is not corrected or reoccurs. The employee should acknowledge receipt of the warning and may include additional comments. A copy of the written reprimand with the signed acknowledgment and comments must be forwarded to the personnel administrator for the employee's official personnel file.
d.
Suspension. Whenever an employee is recommended for suspension, the commissioner will make the decision and may seek the advice of the township attorney if appropriate. Suspended employees may request a hearing under the applicable grievance procedure.
e.
Dismissal. Whenever an employee is recommended for dismissal, the commissioner will make the decision only after seeking the advice of the township attorney. There must be a complete review of the employee's personnel file and all other facts to determine if there is sufficient cause for the dismissal. Terminated employees may request a hearing under the applicable grievance procedure.
[Ord. #1483; Ord. #1842; Ord. #2271, § I; Ord. #2510, § 1; amended 11-9-2021 by Ord. No. 3090-21]
a.
The causes sufficient for disciplinary action shall include the following:
1.
Incompetence, inefficiency or failure to perform duties;
2.
Conviction of a crime;
3.
Conduct unbecoming a public employee;
4.
Violation of township policies, procedures and regulations;
5.
Falsification of public records including personnel records;
6.
Violation of federal, state or township regulations concerning drug and alcohol use and possession;
7.
Chronic or excessive absenteeism or lateness;
8.
Misuse of public property, including motor vehicles; and
9.
Insubordination.
10.
Inability to perform duties;
11.
Neglect of duty;
12.
Discrimination that affects equal employment opportunity, including sexual harassment;
13.
Violation of residence requirement, if applicable; and
14.
Other sufficient cause.
These are examples and not an exhaustive list or binding on the Township. The Township reserves the right to use any and all forms of appropriate discipline on a case-by-case basis and is not obligate to sue progressive discipline. |
All discharges will be in accordance with federal and state as well as applicable collective bargaining agreements. |
b.
An employee may be terminated depending upon the circumstances for any of the following:
1.
Incompetence, inefficiency or failure to perform duties;
2.
Conviction of a crime;
3.
Conduct unbecoming a public employee;
4.
Violation of township policies, procedures and regulations;
5.
Falsification of public records including personnel records;
6.
Violation of federal, state or township regulations concerning drug and alcohol use and possession;
7.
Chronic or excessive absenteeism or lateness;
8.
Misuse of public property, including motor vehicles; and
9.
Insubordination;
10.
Inability to perform duties;
11.
Neglect of duty.
12.
Discrimination that affects equal employment opportunity, including sexual harassment;
13.
Violation of residence requirement, if applicable; and
14.
Other sufficient cause.
These are examples and not an exhaustive list or binding on the Township. The Township reserves the right to use any and all forms of appropriate discipline on a case-by-case basis and is not obligate to sue progressive discipline. |
All discharges will be in accordance with federal and state as well as applicable collective bargaining agreements. |
[Ord. #1483; Ord. #1842; Ord. #2271, § I; Ord. #2510, § I]
a.
Informal.
1.
An employee charged with violation of any of the provisions set forth in subsection 5-22.2 in the presence of his immediate supervisor or superior may be suspended by the supervisor or superior for a period not exceeding five days. The suspension shall be a written order on a form to be provided by a supervisor or superior and given directly to the employee by the supervisor or superior. The supervisor or superior of the employee shall within 24 hours file a written memorandum with the director of the department setting forth the facts pertaining to the offense committed by the employee together with a record of the action taken by the supervisor or superior for confirmation of said period of suspension by the director of the department. The director of the department shall either confirm, modify or reverse the action of the supervisor or superior of the employee. An employee may request an informal hearing by the director of the department to review the actions of the supervisor or superior, but said hearing shall be conducted in a summary manner by the director of the department and the decision of the director of the department shall be final. The period of suspension shall not in any event exceed five days under the informal procedure.
b.
Formal.
1.
Complaint. An employee charged with any of the violations set forth in subsection 5-22.2 above shall be notified in writing of the violation within 15 days of the awareness by the supervisor or superior of the alleged violation, which charge shall state the specific facts of the violation including dates and time of the offense, and said charges shall be signed by the departmental superior preferring the charge against an employee. An employee may be suspended until disposition of the charge prepared against him in a formal complaint.
2.
Hearing. An employee shall be entitled to a full hearing on all charges, before the director of the department to which employee is assigned. The hearing shall be a formal proceeding. The employee shall receive notice by certified mail of the date, time and place of hearing. The director of the department shall fix a date, time and place of said hearing within 30 days after the filing of formal charges against said employee.
All charges shall be heard by the director of the department sitting as the authority to make a determination of said charges. Testimony of all witnesses shall be taken under oath. The township attorney shall prosecute the charges against the employee, and the employee may be represented by counsel at the hearing at his own expense. The director of the department may order that a stenographic record be made of the proceedings or the employee may request in writing that a stenographic record be made, at the employee's expense, provided he or his counsel shall inform the director in writing at least one week prior to the date set for the hearing.
3.
Determination. The director of the department shall, after completion of the hearing make a determination in writing within 30 days after the completion of the hearing. The action taken by the director of the department shall be in accordance with the provisions of subsection 5-22.1 above and the director of the department shall notify the employee in writing of said action. The director shall inform the personnel administrator of the determination and instruct the personnel administrator of the action to be taken against said employee.
[Ord. #1467; Ord. #1842; Ord. #2271, § I; Ord. #2510, § I]
A grievance is defined as any dispute concerning the interpretation, application and/or enforcement of this personnel chapter.
a.
A grievance arises on the date the employee affected becomes or is made aware of the existence of the grievance. In the event of a settlement or ruling which results in a determination of monetary liability on the part of the township such liability shall not extend for more than 30 working days prior to the date the grievance was first presented in writing.
b.
All grievance must be presented within five working days after arising and failure to report a grievance within such time shall be deemed a settlement thereof.
STEP 1 |
Any employee or anyone of a group of employees having a grievance shall submit the same orally to his immediate supervisor as designated by the township. A union employee shall elect whether to have the steward present or not at any oral presentation. Within two working days the immediate supervisor shall inform the grievant and the steward having jurisdiction of his decision.
STEP 2 |
a. | If the grievance is not adjusted satisfactorily to the employee, it shall be reduced to writing by the employee on a form supplied by the township. The facts of the grievance shall be detailed clearly and concisely, and the relief requested shall be set forth. The complete form shall be signed by the employee aggrieved. Within five working days after the Step 1 decision, the employee shall deliver the written grievance to the employee's department commissioner. Failure by the employee to deliver the written grievance within the five working days specified shall be deemed a settlement of the grievance. The commissioner handling the Step 2 grievance shall give his or her decision in writing within five working days after the grievance is presented. |
b. | A grievance not disposed of to the satisfaction of the employee in Step 2 must be taken up at the first regular Step 3 conference held after the township's Step 2 decision. The decision reached in Step 2 shall be final and binding unless the particular grievance is presented by the employee, and/or the union steward at a Step 3 conference. |
STEP 3 |
When requested, a Step 3 conference shall be held within 30 days. At such conference the township shall be represented by its labor relations designees, namely, the township attorney and at least three members of the board of commissioners, one of whom shall be the commissioner of the department where the grievance originated. The employee may be represented by legal counsel and/or the union grievance committee as officially designated. Within seven calendar days after a grievance conference the township designated labor relations committee will send its written disposition of the grievance by certified mail to the grievant.
[Ord. #1467; Ord. #1843; Ord. #2271, § I; Ord. #2510, § I]
a.
Establishment. The personnel administrator shall make, or cause to have made analysis of the duties and responsibilities of all full-time positions in the township subject to this chapter. He or she shall recommend to the board of commissioners a position-classification plan. The board of commissioners shall approve said position-classification plan, subject to their right to amend the said plan by ordinance. Within 30 days after the adoption of a position-classification plan by ordinance of the board of commissioners the personnel administrator shall assign each position to an appropriate class in accordance with the approved position-classification plan.
b.
Basis of Position Classification. Each position shall be assigned or allocated to an appropriate job classification on the basis of the kind and level of its duties and responsibilities to the end that all positions in the same classification shall be sufficiently alike to permit the use of a single descriptive title, the same tests of competence and the same salary range, thus carrying out the basic principle of classification which is equal pay for equal work. A job classification may contain one position or a number of positions. The personnel administrator shall from time to time review the job classifications and submit a report thereof to the board of commissioners.
c.
Change in Classification Plan.
1.
The classification plan may be amended from time to time by the board of commissioners. Such changes may result from the need of creating new positions, changes in organization or changes in assigned duties and responsibilities.
2.
The personnel administrator shall review all requests for creation of new positions, the abolition or consolidation of present positions, reclassification of positions to different job classes or the real location of positions to new salary ranges. In such review, he shall study the current duties and responsibilities of the position concerned and recommend to the board of commissioners appropriate action necessary to insure the correct classification and allocation of the position.
3.
Each department director shall report to the personnel administrator any changes on his organization or assignment of duties and responsibilities to given employee which result in changes in the position classification plan or in the classification of any of the positions in his department.
4.
An employee may submit a request in writing to the personnel administrator at any time for a review of the duties and responsibilities of his position. Such a request shall be submitted through his department director and shall include the employee's own description of his current duties and responsibilities. The personnel administrator shall then make an investigation of the position to determine its correct allocation. He shall report his findings in writing to the board of commissioners and furnish a copy to the employee requesting the review and to his department director.
[Ord. #1483; Ord. #1842; Ord. #2271, § I; Ord. #2306, §§ I — VII; Ord. #2510, § I]
a.
This chapter shall be administered by a personnel administrator to be appointed by the board of commissioners. On the adoption of this chapter:
1.
The personnel administrator shall prepare a personnel file for every employee of the township subject to the provisions of this chapter.
2.
The personnel administrator shall prepare an application form to be adopted by resolution of the board of commissioners.
3.
The personnel administrator shall prepare a plan for classification of positions of employment in accordance with the provision of Section 5-24.
4.
The personnel administrator shall cause an application form to be completed by every present employee of the township.
5.
It shall be the duty of the personnel administrator to file a quarterly report with the board of commissioners and the director of the department of the absences, sick leave and vacations of each employee during the month.
6.
The personnel administrator shall be responsible for promulgating the rules and regulations for maintaining attendance records in the township departments. All attendance records shall be reported to the personnel administrator as set forth by the personnel administrator.
7.
The personnel administrator shall receive from the director of each department an annual vacation schedule prior to May 1 of each year. The personnel administrator shall thereafter prepare a report to be filed with the board of commissioners showing the vacation period for every township employee during said year. The personnel administrator shall inform the director of each department of any conflict in said vacation schedule.
8.
The personnel administrator shall submit an annual report to the board of commissioners pertaining to the attendance of every employee.
9.
The personnel administrator, may from time to time, subject to the approval by resolution of the board of commissioners, promulgate rules of the proper administration of this chapter.
10.
The personnel administrator shall cause this chapter to be prepared in pamphlet form and distributed to each employee, together with any amendments or rules to be promulgated by the personnel administrator.
11.
The personnel administrator shall cause every employee to sign a statement acknowledging receipt of said chapter, together with rules promulgated by the personnel administrator.
12.
The personnel administrator shall cause a report to be submitted to the board of commissioners of any potential or actual employment liability complaint or claim.
13.
The personnel administrator along with the labor attorney and risk manager shall formally review the risk management/loss control plan yearly and present said written review to the board of commissioners each September.
14.
The personnel administrator along with the labor attorney shall review annually the Lyndhurst Personnel Ordinance and make recommendation in writing each September for changes when appropriate.
15.
The administrator shall place bulletin boards in prominent, easily accessible locations throughout all municipal buildings and work areas which shall display official township information, required regulatory and safety information and current employee/employment information.
b.
The board of commissioners shall retain the services of a labor attorney to be available to the personnel administrator to assist in the review, screening, and investigative process with regard to either informal or formal complaints which have been identified by the personnel administrator as potential or actual employment practice liability claims.
c.
Employee Evaluations. Employees are to be evaluated on their performance in the accomplishment of their assigned duties and responsibilities. This evaluation will be completed by the employee's immediate supervisor and should cover the entire evaluation period. Upon the completion of the report, there should be a discussion of its contents with the employee and an opportunity for comments on both sides. The original should be sent to the personnel administrator with a copy maintained by the employee's department head. The following terms will be evaluated: job knowledge, quality of work, quantity of work, initiative, flexibility and cooperation, judgment and common sense, public relations, leadership, absence and punctuality. After the evaluation has been completed, the employer will give the employee an opportunity to review the document and the employee shall write his/her comments on the form. The supervisor and employee shall sign the document. The employee's signature shall not be considered as agreeing to the contents, but shall only be considered as evidence of its completion.
d.
Continuing education. It is the policy of the Township of Lyndhurst that all employees shall keep themselves informed and educated on the changes in their jobs. The township encourages, and wherever feasible, shall support and provide an opportunity for the employees to attend continuing education courses. Records of said attendance shall be kept in the employees personnel file by the personnel administrator.
[Ord. #1467; Ord. #2271, § I; Ord. #2510, § I]
The board of commissioners shall adopt by resolution all matters necessary to properly administer this chapter provided that the resolution shall not be in conflict with the provisions of this chapter.
[Ord. #1467; Ord. #1842; Ord. #2271, § I; Ord. #2510, § I]
a.
Directives.
1.
The director of the department may establish, amend and supplement rules, regulations and directives for governing the internal operations of the department and the conduct and decorum of its personnel. Such departmental rules, regulations and directives shall not be inconsistent or in conflict with the provisions of any statute of this state, this chapter or any other ordinance of the township.
2.
The rules, regulations and directives shall be in writing, signed by the director of the department and shall be filed in the office of the personnel administrator. They shall be binding on all persons subject to the jurisdiction of the department. A written copy of said rules, regulations and directives shall be distributed to the personnel of the department affected thereby and shall be posted in the headquarters of the department. Copies shall also be available upon request.
[Ord. #1467; Ord. #2271, § I; Ord. #2510, § I]
The board of commissioners shall amend this chapter or any provision of this chapter as may be necessary for the proper welfare and benefit of the employees and the township as may be required.
[Ord. #2106, § I; Ord. #2137, § I; Ord. #2271, § I; Ord. #2510, § I]
As used in this section, unless the context requires otherwise:
Shall mean any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint-stock company, receivership, trust or any legal entity organized for profit.
Shall mean any business in which the person or a member of the person's immediate family is a director, officer, owner, employee or holder of stock worth $10,000 or more at fair market value or owns more than 10% of the stock issued or 10% of the total partnership interest.
Shall mean any person who has filed a declaration of candidacy or petition to appear on the ballot for election as a township official, and any person who has been nominated by a township official or governmental body for appointment to serve as a public official.
Shall mean any interest which shall yield, directly or indirectly, a monetary or other material benefit (other than the duly authorized salary or compensation for his or her services to the township) to the official, employee or appointee or to any person employing or retaining the services of the official, employee or appointee.
Shall mean a payment, subscription, advance, forbearance, rendering or deposit of money, services or anything of value. "Gift" shall not include a political contribution otherwise reported as required by law.
Shall mean a spouse, parent, child or any relation residing in your household.
Shall mean any money or thing of value received or to be received as a claim on future services, whether in the form of a fee, salary, expense, allowance, forbearance, forgiveness, interest, dividend, royalty, rent, capital gain or any other form of recompense or any combination thereof.
Shall mean an action that a person performs in a given state of facts in prescribed manner in obedience to the mandate of legal authority, without regard to, or the exercise of, the person's own judgment upon the propriety of the action being taken.
Shall mean a business, individual, corporation, union, association, firm, partnership, committee, club or other organization or group of persons.
Shall mean any advance, conveyance, deposit, distribution, transfer of funds, loan, payment, pledge, purchase of a ticket to a testimonial or similar fund-raising affair or subscription of money or anything of value, except volunteer services, in connection with a political campaign, and any contract, agreement, promise or other obligation, whether or not legally enforceable, to make a "political contribution".
Shall mean any body, board, committee, department, office or commission of the township, whose members are appointed, elected or employed by any such body, board, committee, department, office or commission of the township.
Shall mean any individual who receives compensation from the township or any political subdivision thereof.
Shall mean any elected or appointed official who shall exercise the power of the township or any of its political subdivisions, departments, boards or agencies regardless of whether he or she is paid for their services and shall include:
Board of commissioners.
Township attorney, township auditor, township engineer, township clerk, township tax collector, township tax assessor and department heads.
Members of the planning board, board of adjustment, and library board whether paid or unpaid, full-time or part-time, whether created by the governing body or appointed by any of its officials or administrators, including the attorneys and secretaries appointed to these boards.
Township inspectors, including the construction official, building inspectors, health inspectors and zoning inspectors.
[Ord. #2106, § 2; Ord. #2271, § I; Ord. #2510, § I]
In order to conform to this code of ethics, candidates for the township board of commissioners shall be informed of the contents of this section at the time the petitions are filed.
[Ord. #2106, § 3; Ord. #2137, § 2; Ord. #2271, § I; Ord. #2510, § I; amended 11-9-2021 by Ord. No. 3090-21]
a.
No township official or employee of the township shall use his or her public office or any confidential information received through his or her holding public office to obtain financial gain, other than compensation provided by law, for himself or herself, a member of his or her immediate family or a business with which he or she is associated.
b.
No township official or employee shall solicit, accept or agree to accept, whether directly or indirectly, anything of value, including a gift, loan, political contribution, reward or promise of future employment, based on any understanding that the vote, official action or judgment of the public official or public employee would be influenced thereby.
c.
No township official or employee shall solicit or accept any gift from any person doing business with the township or from any person or business regulated by the township in any way if the gift would not be offered if he or she were not an official or employee except for commemorative items of nominal value given at official functions.
d.
No township official or employee or any business entity in which the township official or township employee has a legal or beneficial ownership in excess of 10% of the total stock or total legal and beneficial ownership of such business entity shall enter into any contract with the Township of Lyndhurst.
e.
No township official or township employee shall represent a person or act as an expert witness for compensation or other consideration before any township body, provided that this shall not apply to a township official or a public employee acting in an official capacity.
f.
No township official or employee or business in which he or she has an interest shall request, use or permit the use of any consideration, treatment, advantage or favor beyond that which is the general practice to grant or make available to the public at large.
g.
No township official or employee shall request, use or permit the use of any publicly supported property, vehicle, equipment, material, labor or service for the personal convenience or the private advantage of himself or any other person. This rule shall not be deemed to prohibit an official or employee from requesting, using, or permitting the use of such publicly owned or publicly supplied property, vehicle, equipment, material, labor or service which it is the general practice to make available to the public at large or which are provided as a matter of stated policy for the use of officials and employees in the conduct of official business.
h.
No employee or member of his or her immediate family will have an interest in a business organization or engage in any business, transaction or professional activity which is in substantial conflict with the proper discharge of his or her duties in the public interest.
i.
No employee should use or attempt to use his or her official position to secure unwarranted privileges or advantages for him or herself or others.
j.
No employee should act in his or her official capacity in any matter wherein he or she, a member of his or her immediate family, or business organization in which he or she has an interest, has a direct or indirect personal or financial interest that might reasonably be expected to impair his or her objectivity or independence of judgment.
k.
No employee should undertake any employment or service, whether compensated or not, which might reasonably be expected to prejudice his or her independence of judgment in the exercise of his or her official duties.
An employee or members of his or her immediate family may represent himself or herself in proceedings concerning the employee's own interests. |
Subsections 5-29.4, 5-29.5, 5-29.6, 5-29.7, 5-29.8 and 5-29.9 containing Ordinance Nos. 2106, 2271, 2306 and 2510 are hereby repealed inasmuch as the State of New Jersey Local Finance Board has jurisdiction over such matters. (Repealed by Ordinance No. 2889-13 § 7)
[Ord. #2306, § VII; Ord. #2510, § I; Ord. #2889-13, § 2]
a.
Permanent employees who are injured on the job shall receive full pay for a period not to exceed 12 months (one-year) while certified by a physician as being hurt on the job. Such employee shall have their workers compensation pay turned over to the Township Finance Office to be credited against the salary paid to the injured employee. Should the injured employee be unable to work for a period of greater than one-year, and provided the employee has submitted a petition for permanent disability, or permanent partial disability, to the court (or similar legal filing) then the employee shall receive an additional six months of full salary (pay). However, in this event sick time shall be deducted from the employee's sick time balances to cover any difference between the workers compensation check and the regular salary of the employee. In no event shall an employee who is injured on the job and not having filed such a petition be entitled to full pay beyond 12 months from the date of injury.
[Ord. #2889-13 § 2]
b.
Should the injured employee not return to work after one-year, and not having filed such a petition, then the employee shall only receive the workers compensation pay (check) until the workers compensation is exhausted (fully paid).
[Ord. #2889-13 § 2]
c.
Any and all permanent employee(s) shall be considered unable to perform their duties (or in the alternative: permanently disabled) by the Township of Lyndhurst upon being out of work (unable or unwilling to perform full duty) for a period of 200 work days, including holidays, in any eighteen-month period or 260 days (including holidays) in any twenty-four-month period. These time periods, or days of work missed, need not be consecutively taken off. After being unable to work for the above stated number of days, the employee shall not be entitled to any salary or benefits; except the employee shall be entitled to any workers compensation or disability benefits paid by a third party (or entity). The employee shall be automatically terminated and shall be paid for any applicable sick and vacation time balances.
[Ord. #2889-13 § 2]
d.
The provisions of paragraph c hereof shall include time not worked when an employee is on sick, vacation, or other leave.
To be clear: Any employee who is out of work, for any reason, for greater than 200 days in any eighteen-month period, or 260 days in any twenty-four-month period, shall be deemed as unable to perform their duties; and their employment shall be subject to termination.
[Ord. #2889-13 § 2]
e.
An employee does not have to be sick or disabled to be subject to this section of the Revised General Ordinances. In effect any employee not capable of performing their duties within the above stated time-periods may be considered "disabled" from doing work, or "unable" to perform their duties, be it for any reason (or no reason).
[Ord. #2889-13 § 2]
f.
The Township of Lyndhurst shall continue to make reasonable accommodations in accordance with legal requirements to allow qualified employees with a severe and/or life-threatening illness to perform the essential functions of their jobs, provided they are able to meet acceptable performance standards. All medical information shall be treated confidentially. The Township of Lyndhurst will take reasonable precautions to protect such information from inappropriate disclosure.
[Ord. #2889-13 § 2]
g.
The Township of Lyndhurst may take disciplinary action against any employee who does not report to work without a valid reason for three consecutive work days, or five work days, in any twelve-month period.
[Ord. #2889-13 § 2]
The purpose of this Ordinance No. 2889-13 and the amendment to the pertinent section of the Revised General Ordinances, is to provide a firm basis and definition of the cause of disciplinary action relating to "unable to perform duties" as previously established by the Board of Commissioners and as currently indicated in Chapter 5, Subsection 5-22.2; Causes; a1, "Incompetence, inefficiency, or failure to perform duties". The same being previously included as a cause for termination of employment, Chapter 5, subsection 5-22.2b1, to wit: "failure to perform duties". [Ord. #2889-13 § 3] |
So as to be clear: Any employee shall be subject to termination of employment if he/she is unable to perform their duties for any 200 work days (including holidays) in any eighteen-month period and any 260 work days (including holidays) in any twenty-four-month period notwithstanding the reason for NOT working." [Ord. #2889-13 § 5] |
[Ord. #2306, § IX; Ord. #2510, § I; amended 11-9-2021 by Ord. No. 3090-21]
Under the New Jersey Conscientious Employee Protection Act ("CEPA"), N.J.S.A. 34:19-1, it is unlawful for an employer to discharge, suspend, demote, or take other action against an employee because they disclose a policy or practice they reasonably believe is a violation of law, rule, or regulation pursuant to law. CEPA also protects employees who provide information to a public body conducting an investigation into a violation of a law or rule, or if an employee refuses to participate in any activity that the employee believes is in violation of a law, is fraudulent or criminal, or is against public policy concerning public health, safety or welfare. Reprisals against anyone who makes a complaint under this policy will not be tolerated and violators of the policy will be subject to discipline, up to and including termination, and may be subject to any other liability authorized under applicable law.
Employees have the right to complain of anything they perceive to be improper. This right shall be communicated to all employees in a letter outlining the specific employee complaint procedure. A written acknowledgment that the employee received this letter will be included in the employee's official personnel file. All complaints will be taken seriously and promptly investigated.
The Township of Lyndhurst shall not take any retaliatory action or tolerate any reprisal against an employee for any of the following:
a.
Disclosing or threatening to disclose to a supervisor, department head, the commissioner, other official or to a public body, as defined in the Employment Protection Act (N.J.S.A. 34:19) an activity, policy or practice that the employee reasonably believes is in violation of a law, a rule or regulation promulgated pursuant to law;
b.
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
c.
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.
In accordance with the statute, the employee must bring the violation to the attention of the township. However, disclosure is not required where (1) the employee is reasonably certain that the violation is known to one or more officials; (2) where the employee reasonably fears physical harm; or (3) the situation is emergency in nature. Employees are encouraged to complain in writing using the Employee Complaint form, but may make a verbal complaint at their discretion. See Employee Complaint Policy.[1] Under the law, the employee must give the township a reasonable opportunity to correct the activity, policy or practice. The administration of whistle blower complaints is not subject to the limitations in the Grievance Policy. In accordance with the statute, a copy of this policy will be posted in all facilities.
[Ord. #2306, § X; Ord. #2510, § I; amended 11-9-2021 by Ord. No. 3090-21]
The Township of Lyndhurst is dedicated to the principle that everyone should be assured equal employment opportunity. It is our further belief that equal opportunity should be assured not only in hiring practices, but also in promotion, training and benefits.
These opportunities will be afforded everyone without regard to race, religion, color, sex, national origin, political affiliation, physical disabilities, marital status, affectional or sexual orientation, age or military service.
The Affirmative Action Policy is developed to include all phases of recruiting, selection, hiring and dismissal, transfer, promotion, training, upgrading, compensation and benefits and conditions of employment.
The Township of Lyndhurst implements its policy of providing equal employment opportunity for all through an Affirmative Action Program. To effectively insure compliance with this program, the personnel administrator serves as the affirmative action officer for the Township of Lyndhurst.
The Township expects the cooperation of all municipal employees in fulfilling these goals, which are moral, legal, social and economic obligations.
The Township of Lyndhurst is dedicated to the principle that everyone should be assured equal employment opportunity and is committed to providing equal opportunity through its employment practices and through the many activities, programs, and services it provides to the community. The Township of Lyndhurst will make all personnel decisions without regard to race, creed, color, national origin, ancestry, religion, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, familial status, genetic information, sex, gender identity or expression, disability (including perceived disability, physical, mental, and/or intellectual disabilities, AIDS or HIV infection), pregnancy, childbirth, breastfeeding, political affiliation (to the extent protected by law), atypical hereditary cellular or blood trait, or because of the liability for service in the Armed Forces of the United States, veteran status, citizenship status, or any other group status protected by law, unless required by a bona fide occupational qualification.
[11-9-2021 by Ord. No. 3090-21]
The Township of Lyndhurst will ensure that personnel decisions are made in accordance with principles of equal employment opportunity by imposing only nondiscriminatory job requirements. The Township of Lyndhurst will not discriminate with regard to any term, condition or privilege of employment, including recruiting, selection, hiring and dismissal, transfer, promotion, training, upgrading, compensation and benefits. Township of Lyndhurst sponsored training, education, tuition assistance, and social and recreation programs will be administered without discrimination. The Township of Lyndhurst has an Affirmative Action Officer ("AAO"), who is assigned overall responsibility of the Affirmative Action Program. Any employee or applicant with a question or grievance should contact the Affirmative Action Officer.
The Township of Lyndhurst expects the cooperation of all municipal employees and volunteers in fulfilling these goals.
[Ord. #2510, § 1]
The township is committed to the principle of equal employment opportunity pursuant to Title VII of the 1964 Civil Rights Act as amended by the Equal Opportunity Act of 1972. Under no circumstances will the township discriminate on the basis of sex, race, creed, color, religion, national origin, ancestry, age, marital or political status, disability, or sexual orientation. 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, commissioner, the personnel administrator or the township attorney.
[Ord. #2510, § 1]
In compliance with the Americans with Disabilities Act and the New Jersey Law Against Discrimination, the township does not discriminate based on disability. The township 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.
The commissioner shall initiate an interactive dialogue with disabled employees and prospective employees to identify reasonable accommodations that do not create a hardship. Accommodations include modifications to facilities, equipment and work procedures, auxiliary aides, services and permanent reassignment to vacant positions. Employees who are reassigned to a different position shall receive the salary of their new position. Accommodations shall not be unduly expensive, extensive and disruptive or fundamentally alter the nature of the operation. The Act does not require the township to offer permanent "light duty", relocate essential functions or provide personal use items such as eyeglasses, hearing aids, wheelchairs, etc. To be eligible for accommodations, individuals must (1) be able to perform the essential function of the position, (2) not create a real safety hazard to themselves, co-employees or the public, and (3) be otherwise qualified for the position in that they possess the prerequisites including education, experience, training, skills, licenses or certificates and other job-related requirements. All decisions with respect to accommodations shall be made by the commissioner or board of commissioners as appropriate.
[Ord. #2510, § I]
The township 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 township property, at township events or under other circumstances that may negatively affect the township's ability to conduct business.
Prohibited conduct includes:
a.
Causing physical injury to another person;
b.
Making threatening remarks;
c.
Aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress;
d.
Intentionally damaging employer property or property of another employee;
e.
Possession of a weapon while on township property or while on township business except with the authority of the police chief; and
f.
Committing acts motivated by, or related to, sexual harassment or domestic violence.
Any potentially dangerous situations must be immediately reported. The township will actively intervene in any potentially hostile or violent situation.
[Ord. #2510, § I; amended 11-9-2021 by Ord. No. 3090-21]
The Township of Lyndhurst will not tolerate harassment in the workplace. The Township of Lyndhurst is committed to a workplace free from harassment that is based on race, creed, color, religion, sex, gender identity or expression, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, familial status, genetic information, disability (including perceived disability, physical, mental, and/or intellectual disabilities, AIDS or HIV infection), pregnancy, childbirth, breastfeeding, political affiliation (to the extent protected by law), atypical hereditary cellular or blood trait, or because of the liability for service in the Armed Forces of the United States, veteran status, citizenship status or any other group status protected by law. Any such harassment is a violation of federal and state anti-discrimination laws and will not be tolerated by the Township of Lyndhurst. This policy applies to all employees, volunteers, contractors as well as to any individuals who may come in contact with employees. Reprisals against anyone who makes a complaint under this policy will not be tolerated and violators of the policy will be subject to discipline, up to and including termination, and may be subject to any other liability authorized under applicable law.
Additionally, it is a violation of this policy to engage in sexual (or gender-based) harassment of any kind, including hostile work environment harassment, quid pro quo harassment, or same-sex harassment. For the purposes of this policy, sexual harassment is defined, as in the Equal Employment Opportunity Commission Guidelines, as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when, for example:
• | Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; |
• | Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or |
• | Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. |
Examples of prohibited behaviors that may constitute sexual harassment and are therefore a violation of this policy include, but are not limited to:
a.
Generalized gender-based remarks and comments;
b.
Unwanted physical contact such as intentional touching, grabbing, pinching, brushing against another's body or impeding or blocking movement;
c.
Verbal, written or electronic sexually suggestive or obscene comments, jokes or propositions including letters, notes, e-mails, text messages, invitations, gestures or inappropriate comments about a person's clothing;
d.
Visual contact, such as leering or staring at another's body; gesturing; displaying sexually suggestive objects, cartoons, posters, magazines or pictures of scantily clad individuals; or displaying sexually suggestive material on a bulletin board, on a locker room wall, or on a screen saver;
e.
Explicit or implicit suggestions of sex by a supervisor or manager in return for a favorable employment action such as hiring, compensation, promotion, or retention;
f.
Suggesting or implying that failure to accept a request for a date or sex would result in an adverse employment consequence with respect to any employment practice such as performance evaluation or promotional opportunity; or
g.
Continuing to engage in certain behaviors of a sexual nature after an objection has been raised by the target of such inappropriate behavior.
Any employee found to have violated any portion or portions of this policy may be subject to appropriate administrative and/or disciplinary action which may include, but which shall not be limited to: referral for training, referral for counseling, written or verbal reprimand, suspension, reassignment, demotion or termination of employment. Referral to another appropriate authority for review for possible violation of federal and state statutes may also be appropriate.
Employee Responsibilities. The Township of Lyndhurst cannot address or correct harassing conduct that it is not aware of. Any employee who believes that he/she has been subjected to any form of prohibited discrimination/harassment, or who witnesses others being subjected to such discrimination/harassment, or otherwise has knowledge of others being subjected to such discrimination/harassment, is expected to promptly report the incident(s) to their supervisor, department head, commissioner, personnel administrator or the Township attorney.
All employees are expected to cooperate with investigations undertaken pursuant to this section. Failure to cooperate in an investigation may result in administrative and/or disciplinary action, up to and including termination of employment.
Supervisor Responsibilities. Supervisors shall make every effort to maintain a work environment that is free from any form of prohibited discrimination/harassment. Supervisors shall immediately refer allegations of prohibited discrimination/harassment to their department head, commissioner, personnel administrator or the Township attorney. A supervisor's failure to comply with these requirements may result in administrative and/or disciplinary action, up to and including termination of employment.
For purposes of this section, a "supervisor" is defined broadly to include any manager and/or other individual who has authority to control the work environment of any other staff member.
Investigation of Complaints. Any complaint made under this section shall be investigated by the Township of Lyndhurst in a manner consistent with the New Jersey State Model Procedures for Internal Complaints Alleging Discrimination in the Workplace. Additionally, all complaints and investigations shall be handled, to the extent possible, in a manner that will protect the privacy interests of those involved. To the extent practical and appropriate under the circumstances, confidentiality shall be maintained throughout the investigatory process. In the course of an investigation, it may be necessary to discuss the claims with the person(s) against whom the complaint was filed and other persons who may have relevant knowledge or who have a legitimate need to know about the matter. All persons interviewed, including witnesses, shall be directed not to discuss any aspect of the investigation with others in light of the important privacy interests of all concerned. Failure to comply with this confidentiality directive may result in administrative and/or disciplinary action, up to and including termination of employment.
[Ord. #2510, § I]
Employees who wish to complain of harassment or any other workplace wrongdoing are requested to immediately report the matter to their supervisor, or, if they prefer to their department head, the commissioner, the personnel administrator or the township attorney. Employees are encouraged to complain in writing using the Employee Complaint form, but may make a verbal complaint at their discretion. No retaliatory measures shall be taken against any employee who complains of workplace wrongdoing. The township will, to the maximum extent feasible, maintain the confidentiality of such complaints on a need-to-know basis. However, investigation of such complaints may require disclosure to the accused party and other witnesses in order to gather pertinent facts.
[Ord. #2510, § I]
The official personnel file for each employee shall be maintained by the personnel 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 their file in the presence of the personnel administrator upon reasonable request.
[Ord. #2510, § I; amended 11-9-2021 by Ord. No. 3090-21]
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 township time, supplies or equipment in any political activity. Any violation of this policy must be reported to the supervisor, department head, commissioner, personnel administrator or the township attorney.
Pursuant to New Jersey law governing elections, no holder of a public office or position will demand payment or contribution from another holder of a public office or position for the campaign purpose of any candidate or for the use of any political party.
No employee will directly or indirectly use or seek to use his or her position to control or affect the political action of another person or engage in political activity during working hours. No employee whose principal employment is in connection with a program financed in whole or in part by federal funds or loans, will engage in any of the following prohibited activities under the "Hatch Act":
a.
Using official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office;
b.
Directly or indirectly coercing, attempting to coerce, commanding or advising an officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes; or
c.
Being a candidate for public office in a partisan election.
The Hatch Act, 5 U.S.C. 1501 et seq., is enforced by the Special Counsel of the United States Merit System Protection Board. Department heads or supervisors can advise an employee if his/her position is federally funded. |
Nothing in this policy shall be construed as restricting employees from engaging in lawful, political activity while outside of working hours and outside of their official job duties. |
[Ord. #2510, § I]
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 acknowledgment to the commissioner. After review by the commissioner, the form(s) are to be forwarded to the personnel administrator for inclusion in the employee's official personnel file. As a part of the evaluation, employees have the right to request a conference with the commissioner or personnel administrator.
[Ord. #2510, § I]
Pursuant to N.J.A.C. 4A:8-1.1 the township may institute layoff actions for economy, efficiency or other related reasons, but will first consider voluntary alternatives.
[Ord. #2510, § I; amended 11-9-2021 by Ord. No. 3090-21]
Township computers, electrical devices, e-mail, voice mail and internet usage devices and telephones are for official business and use for nonbusiness purposes is prohibited. In order to provide a viable data and communication system for the Township of Lyndhurst that supports the needs of all departments, security and confidentiality of the information must not be compromised. Security is a major concern throughout every office of the Township of Lyndhurst and its employees. This provision shall apply to the day-to-day operations of all the Township of Lyndhurst's information and technology equipment, as well as mobile or portable units. Although this policy comprehensively addresses current security concerns, impending and future system developments may require additional security considerations.
Every employee must be cognizant of the potential for civil liability inherent in the dissemination of information obtained through the Township of Lyndhurst's information systems. The Township of Lyndhurst reserves the right to prosecute, in a civil or criminal manner, as well as discipline in accordance with the Township of Lyndhurst's rules and regulations, any employee who violates any section of this provision.
The Township of Lyndhurst shall have the express right to access any electronic information device utilizing any administrative or user password for the purpose of troubleshooting, supporting or maintaining the computer network or while investigating an incident or violation of this policy. All electronic information devices, their contents, e-mail or electronic correspondence originating from or arriving on a device owned or authorized on the Township of Lyndhurst's computer network, is the property of the Township of Lyndhurst and is subject to entry and inspection without notice. Any data or information created or stored on the Township of Lyndhurst's computer network becomes the sole property of the Township of Lyndhurst. Ownership of said data is forfeited and all rights to ownership are surrendered to the Township of Lyndhurst.
In order to ensure that the Township of Lyndhurst's electronic network is being used only for legitimate business purposes, the Township of Lyndhurst reserves the right to enter or search any computer file, the e-mail system, and/or monitor computer and e-mail use. Accordingly, no employee should have any reasonable expectation of privacy regarding their use of the Township of Lyndhurst's computer or when utilizing the Township of Lyndhurst's computer network, including, but not limited to, electronic mail. All such documents or information may be subject to the provisions of the Open Public Records Act ("OPRA"), N.J.S.A. 47:1A-1 et seq.
Further, Township of Lyndhurst business which is conducted by an employee on his or her personal computer or device is subject to this policy and may be subject to the provisions of OPRA. Employees are prohibited from using their personal communication device to copy and/or upload any, confidential information (e.g., Social Security numbers, medical and/or HIPAA protected information, dependent information or other information protected from unlawful disclosure). Violation of this policy may subject an employee to disciplinary action up to and including termination.
The township reserves the right to monitor, obtain, review and disclose all e-mail, voice mail and Internet messages for lawful and legitimate reasons. By using township e-mail, voice mail and the Internet, each user agrees that the township has unrestricted access and the right to disclose all information communicated or stored on the e-mail, voice mail and the Internet for any security, health, employment or other legitimate business reasons. Legitimate reasons also include systems maintenance, message routing, retrieval of business information, trouble-shooting hardware and software problems, preventing system misuse, protecting confidential proprietary information, insuring compliance with software license policies and complying with legal and regulatory requests for information.
[Ord. #2510, § I]
The bulletin boards located in the township administrative building and other facilities are intended for official notices regarding policies, procedures, meetings and special events. Only personnel authorized by the commissioner may post, remove, or alter any notice.
[Ord. #2510, § I]
The township will provide a safe and healthy work environment and shall comply with the Public Employees Occupational Safety and Health Act (PEOSHA). The township 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 township facilities, equipment or motor vehicles must also be immediately reported.
[Ord. #2510, § I]
The New Jersey Legislature has declared that in all governmental buildings the rights of nonsmokers to breathe clean air supersedes the rights of smokers. In accordance with state law, the township has adopted a smoke-free policy for all buildings. Township facilities shall be smoke-free and no employee or visitor will be permitted to smoke anywhere in township buildings. Employees are permitted to smoke only outside township buildings and such locations as not to allow the re-entry of smoke into building entrances. This policy shall be strictly enforced and any employee found in violation will be subject to disciplinary action.
[Ord. #2510, § I]
Discussions by the governing body or any body of the township 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 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 any body of the township 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. If the individual(s) does not request that the discussion be held in open session, the governing body or other body of the township may at its sole discretion invite the affected individual(s) to attend the applicable portion of the closed session.
[Ord. #2510, § 1]
The personnel administrator with the assistance of the township attorney shall draft an Employee Handbook for the approval of the commissioner. A separate version of the Handbook will be drafted for part-time and seasonal employees as well as for major bargaining groups if appropriate. Once approved, copies will be distributed and employees will be required to sign an acknowledgment of receipt that will be placed in the official personnel file. The Handbook will be revised and redistributed whenever there is a significant change in personnel practice or every two years.
[Ord. #2510, § I]
Periodic evaluations are critical to create a formal record of an employee's performance over time and establish a foundation for personnel actions such as promotion and termination. In addition to day-to-day feedback to the employee, a performance evaluation must be conducted for all employees at least annually. The completed appraisal becomes part of an employee's permanent record. This is a legal document that is discoverable in lawsuits.
Performance discussions must also provide employees with guidance regarding their ability to meet job standards. Extraordinary skills or abilities should be recognized in addition to areas for improvement. Supervisors or department heads should review future training needs and career planning. The reviewer should also encourage the employee to make suggestions about how the department can improve. The reviewer should ask employees for feedback regarding the employee's skills as they relate to communication, team building, delegation, and sensitivity to needs of subordinates. Open communication is the key to improvement.
a.
Setting the Stage. The reviewer must create a productive climate for the discussion. In preparing the evaluation form, prior evaluations should be reviewed to identify trends. Employees must be notified in advance of the meeting and should be given a copy of the blank evaluation form. The meeting should be private without interruptions in a comfortable environment.
b.
Confirm Expectations. The reviewer should start the discussion of each performance area by reviewing expectations. Ask the employee to confirm the employee's understanding of job requirements. Refer to the job description as appropriate.
c.
Rating. Continue the discussion by giving the employee's rating in each performance area. The supervisor should be prepared to refer to documentation. Employees should be evaluated based on set standards, not as they compare to other employees. It is rare that any person's rating in all areas is either high or low. The evaluation should consider performance during the entire period, not just the recent past. Care should be taken to avoid allowing one aspect of a person's performance to overshadow all other performance factors be it positive or negative. Ideally, each performance area should be evaluated individually based on specific behaviors exhibited.
d.
Discussing Future Plans. This is where the reviewer should turn the discussion to the future performance and development of the employee. A Counseling Action Plan form must be completed if any item is rated "Needs Improvement" or "Does Not Meet Minimum Standards." Specific performance goals must be established for the next review period along with plans for achieving those goals.
e.
Closing the Discussion. When all performance areas have been discussed, close the discussion by summarizing all of ratings in an overall rating for the review period.
1.
Outstanding means exceptional performance in all areas of responsibility. Planned objectives were achieved well above the established standards and accomplishments were made in unexpected areas.
2.
Exceeds Expectations means consistently exceeds established standards in most areas of responsibility. All requirements must be met and objectives achieved above the established standards.
3.
Meets Job Requirements means all job requirements were met and planned objectives accomplished within established standards. There were no critical areas where accomplishments were less than planned.
4.
Needs Improvement means performance in one or more critical areas does not meet expectations. Not all planned objectives were accomplished within the established standards and some responsibilities were not completely met.
5.
Does Not Meet Minimum Standards means performance is unacceptable and important objectives have not been accomplished. Needs immediate improvement.
After completing the evaluation, the reviewer will return the form(s) with the signed acknowledgment to the commissioner. After review by the commissioner, the form(s) are to be forwarded to the personnel administrator for inclusion in the employee's official personnel file. As a part of the evaluation, employees have the right to request a conference with the commissioner or personnel administrator.
[Ord. #2510, § I; amended 11-9-2021 by Ord. No. 3090-21]
The official personnel files shall be maintained by the personnel administrator and employee medical information will be maintained in a separate file. At least annually, the personnel administrator will review files to make sure they are up-to-date and will follow-up with the department heads as necessary. The contents of individual employee personnel records will be disclosed by the Township of Lyndhurst only when the information is requested as a matter of inquiry by a law enforcement agency, a representative of the Armed Forces, or as required by court order or any other law.
The official file shall include at least the following:
a.
The original application signed by the employee;
b.
Notes from any pre-employment interview and reference check;
c.
The original letter detailing an offer of employment and any additional correspondence concerning the employee's hiring;
d.
A signed acknowledgment that the employee received a copy of the Employee Complaint Policy letter;
e.
A signed acknowledgment that the employee has received the Employee Handbook;
f.
A signed acknowledgment that the employee received the safety orientation;
g.
Annual written performance evaluations including documentation that the evaluation was reviewed with the employee;
h.
Counseling Action Plans;
i.
Records relating to on-the-job accidents;
j.
Disciplinary actions including an acknowledgment that the employee was notified of the proposed disciplinary action and was given an opportunity to respond;
k.
Records relating to any other employment actions including promotions, demotions, transfers, resignations, leaves, etc.;
l.
Educational transcripts; and
m.
Any other pertinent information.
[Ord. #2510, § I]
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, personnel administrator or the township attorney must report all written or verbal complaints to the commissioner unless the complaint is against the commissioner. Upon receipt, the commissioner 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 commissioner or investigator appointed by the commissioner will interview the employee. If the employee is reluctant to sign a written complaint, the commissioner 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 commissioner 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 commissioner will discuss the conclusions with the township 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 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 commissioner will formulate with the advice of the township 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.
[Ord. #2510, § I]
Inquiries and written requests for references or employment verification regarding a current or former employee must be referred to the personnel administrator. No employee may issue a reference letter without the permission of the personnel administrator. Under no circumstances should any information be released over the phone.
In response to a request for information, the personnel administrator will only verify an employee's name, dates of employment, job title, department and final salary. No other data or information will be furnished unless (1) the township is required to release the information by law or (2) the employee or former employee authorizes the township in writing to furnish this information and releases the township from liability.
[Ord. #2510, § I]
The township, in conjunction with the township attorney will arrange for employment practices seminars at least annually to train all managerial/supervisory personnel. The township will also offer nonmandatory training to all other employees with special emphasis on employee rights and protections under various federal and state laws as well as township employment practices. Records will be maintained in the official personnel files of all employees trained under this procedure.
Managerial and supervisory personnel will also update employees periodically by department meetings and memos that should address specific problems and concerns that may arise. Every effort will be made to encourage employee suggestions about ways to avoid employer-employee disputes and violations of employment rights.
[Ord. #2510, § I]
The personnel administrator shall provide copies of all forms which shall be used by the township and its employees to implement the procedures herein. (See Employee Handbook)
[Ord. #2306, § XI; Ord. #2510, § I]
Nothing contained in this chapter shall be interpreted to mean that employees will only be terminated for just cause or that a particular job shall remain available. This chapter is a guide not a bargained for contract and every employee should be aware that it can be changed at any time without notice.
[Ord. #2510, § I]
If any sentence, section, clause or other portion of this chapter or the application thereof to any person or circumstance shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not effect, impair or repeal the remainder of this chapter.
[Ord. #2889-13 § 9]
If any part, sections, provision(s), or the total of any of the above-mentioned provisions adopted by Ordinance No. 2889-13 are held to be invalid or unenforceable in any court, the findings or judgments of which court are applicable in the State of New Jersey, the remainder of such provisions shall remain in full force and effect as an Ordinance of the Township of Lyndhurst.
[Ord. #2910-14 § 6]
If any part, sections, provision(s), or the total of any of the above-mentioned provisions of Ordinance No. 2910-14 are held to be invalid or unenforceable in any court, the findings or judgments of which court are applicable in the State of New Jersey, the remainder of such provisions shall remain in full force and effect as an Ordinance of the Township of Lyndhurst.
[Ord. #2920-15 § 3]
If any part, sections, provision(s), or the total of any of the above-mentioned provisions adopted by Ordinance No. 2920-15 are held to be invalid or unenforceable in any court, the findings or judgments of which court are applicable in the State of New Jersey, the remainder of such provisions shall remain in full force and effect as an Ordinance of the Township of Lyndhurst.
[11-9-2021 by Ord. No. 3090-21]
For purposes of this policy, a "social network" is defined as a site that uses internet services to allow individuals to construct a profile within that system, define a list of others users with whom they share some connection, and view and access their list of connections and those made by others within that system. The type of network and its design vary from site to site. Examples of the types of internet-based social networking activities include: blogging, networking, photo sharing, video sharing, microblogging, podcasting, as well as posting comments on the sites. The absence of, or lack of explicit reference to, a specific site or activity does not limit the extent of the application of this provision.
The use of the internet and social networking sites, including but not limited to Snapchat, Facebook, and Twitter, is a popular activity; however, employees must be mindful of the negative impact of inappropriate or unauthorized postings upon the Township of Lyndhurst and its relationship with the community. This provision identifies prohibited activities by employees on the internet where posted information is accessible to members of the general public, including, but not limited to, public postings on social networking sites.
Specifically, the Township of Lyndhurst reserves the right to investigate postings, private or public, that violate workplace rules, such as the prohibition of sexual harassment and other discriminatory conduct, where such postings lawfully are made available to the Township of Lyndhurst by other employees or third parties. Employees should use common sense in all communications, particularly on a website or social networking site accessible to anyone. If you would not be comfortable with your supervisor, coworkers, or the management team reading your words, you should not write them.
Be advised that employees can be disciplined for commentary, content, or images that are defamatory, pornographic, proprietary, harassing, libelous, or that can create a hostile work environment. You can also be sued by agency employees or any individual who views your commentary, content, or images as defamatory, pornographic, proprietary, harassing, libelous or creating a hostile work environment. What you say or post on your site or what is said or posted on your site by others could potentially be grounds for disciplinary action, up to and including termination. However, nothing in this social networking policy is designed to interfere with, restrain, or prevent social media communications during non-working hours by employees engaging in protected concerted activities regarding wages, hours, or other terms and conditions of employment pursuant to the New Jersey Township of Lyndhurst-Employee Relations Act or to prevent communications which are protected by the First Amendment freedom of speech clause, unless such communications are made as part of the employees' official job duties.
[11-9-2021 by Ord. No. 3090-21]
The New Jersey Security and Financial Empowerment Act, also known as the "NJ SAFE Act" provides protection for employees and their family members who have been the victim of domestic violence or sexual assault. Employees are entitled to 20 days of unpaid protected leave from work to:
• | Seek medical attention for physical or psychological injuries; |
• | Obtain services from a victim services organization, pursue psychological or other counseling; |
• | Participate in safety planning for temporary or permanent relocation; |
• | Seek legal assistance to ensure health and safety of the employee or the employee's relative; or |
• | Attend, participate in, or prepare for a criminal or civil court proceeding relating to an incident of domestic or sexual violence. |
To be eligible for the leave, an employee must meet the following criteria: | |
• | The employee or their family member must be a victim of domestic violence or a sexually violent offense; |
• | The employee must have worked for the Township of Lyndhurst for at least 12 months and for at least 1,000 hours during the twelve-month period immediately preceding the requested leave; and |
• | The twenty-day leave must be taken within one year of the qualifying event. |
Employees may take leave on an intermittent basis but such leave cannot be shorter than one full day. To the extent the leave is foreseeable, employees must provide advance notice. In addition, employees seeking leave must provide proof that they qualify for the leave. Such proof may include a restraining order, letter from a prosecutor, proof of conviction, medical documentation or a certification from an agency or professional involved in assisting the employee.
In certain circumstances, the basis for the leave may also qualify under the federal Family and Medical Leave Act ("FMLA") and/or the New Jersey Family Leave Act ("NJFLA"). If so, the Township of Lyndhurst will treat the leave concurrently with the leave under those statutes. The Township of Lyndhurst shall protect the privacy of employees who seek leave by holding the request for leave, the leave itself or the failure to return to work "in the strictest confidence."
The Township of Lyndhurst shall not retaliate, harass or discriminate against any employee exercising his/her right to take the leave provided by this policy.
Employees taking such leave may be eligible for Family Leave Insurance benefits through the state.
[11-9-2021 by Ord. No. 3090-21]
The Township of Lyndhurst hereby adopts the Statewide Domestic Violence Policy for Public Employers released by the New Jersey Civil Service Commission, which is applicable to all public employers pursuant to N.J.S.A. 11A:2-6a. Such policy requires that the Township of Lyndhurst designate a Human Resources Officer ("HRO") to assist employees who are victims of domestic violence. The HRO must receive training on responding to and assisting employees who are domestic violence victims in accordance with the policy. Employees who are victims of domestic violence are encouraged to seek immediate assistance from their HRO. The Township of Lyndhurst will develop a plan to identify, respond to, and correct employee performance issues that may be caused by a domestic violence incident.
The Township has developed the following action plan to identify, respond to, and correct employee performance issues that are caused by domestic violence, pursuant to N.J.S.A. 11A:2-6a, and in accordance with the following guidelines:
a.
Designate an HRO with responsibilities pursuant to this policy. The Township designates Cynthia Roberts as the HRO and Christine Rossi as a secondary HRO.
b.
Recognize that an employee may need an accommodation as the employee may experience temporary difficulty fulfilling job responsibilities.
c.
Provide reasonable accommodations to ensure the employee's safety. Reasonable accommodations may include, but are not limited to, the following: implementation of safety measures; transfer or reassignment; modified work schedule; change in work telephone number or work-station location; assistance in documenting the violence occurring in the workplace; an implemented safety procedure, or other accommodation approved by the employer.
d.
Advise the employee of information concerning the NJ SAFE Act; Family and Medical Leave Act (FMLA); or Family Leave Act (FLA); Temporary Disability Insurance (TDI); or Americans with Disabilities Act (ADA); or other reasonable flexible leave options when an employee, or his or her child, parent, spouse, domestic partner, civil union partner, or other relationships as defined in applicable statutes is a victim of domestic violence.
e.
Commit to adherence to the provisions of the NJ SAFE Act, including that the employer will not retaliate against, terminate, or discipline any employee for reporting information about incidents of domestic violence, as defined in this policy, if the victim provides notice to their Human Resources Officer of the status or if the Human Resources Officer has reason to believe an employee is a victim of domestic violence.
f.
Advise any employee who believes he or she has been subjected to adverse action as a result of making a report pursuant to this policy of the civil right of action under the NJ SAFE ACT. And advise any employee to contact their designated Labor Relations Officer, Conscientious Employees Protection Act (CEPA) Officer and/or Equal Employment Opportunity Officer in the event they believe the adverse action is a violation of their collective bargaining agreement, the Conscientious Employees Protection Act or the New Jersey Law Against Discrimination and corresponding policies.
[11-9-2021 by Ord. No. 3090-21]
The Township of Lyndhurst is fully committed to protecting the health, safety and welfare of minors who interact with officials, employees, and volunteers of the Township of Lyndhurst to the maximum extent possible and has adopted a policy which establishes the guidelines for officials, employees, and volunteers who set policy for the Township of Lyndhurst or may work with or interact with individuals under 18 years of age, and those who supervise employees, and volunteers who may work with or interact with individuals under 18 years of age, with the goal of promoting the safety and wellbeing of minors.
a.
All prospective employees and volunteers shall undergo a thorough and complete background check, including but not limited to a fingerprint identification check, credit check, motor vehicle record check, reference check (personal and professional), and a check of the Megan's Law directory for New Jersey and any other state where the applicant previously resided. Written documentation of the background check shall be maintained by the Township.
b.
Background checks that disclose any negative or questionable results must be reviewed and approved by the Township prior to the individual being hired and/or working with minors. Provisional hiring is not permitted.
c.
All prospective employees and volunteers must complete the training adopted by the Township prior to starting employment or volunteer service. In addition to completing the training course adopted by the Township, all volunteer coaches shall complete the Rutgers SAFETY Clinic course (Sports Awareness for Educating Today's Youth™) which is a three-hour program that meets the "Minimum Standards for Volunteer Coaches Safety Orientation and Training Skills Programs" under N.J.A.C. 5:52 and provides partial civil immunity protection to volunteer coaches under the "Little League Law" (N.J.S.A. 2A:62A-6 et seq.).
d.
The Township shall annually re-check and document the Megan's Law directory for New Jersey to make certain that current employees are not listed.
e.
Once employed, authorized adults who are employed are required to notify the appropriate Human Resources representative of an arrest (charged with a misdemeanor or felony) or conviction for an offense within 72 hours of knowledge of the arrest or conviction.
f.
Individual training courses have been designed for each of the following categories and all officials, employees, and volunteers of the Township are required to complete training (and refresher course training) adopted by the Township. All employees of the Township shall complete the training course whether they interact with children/minors or not. Although training records will be maintained, it is recommended that each Township and individual trainees also keep copies of their own training records.
g.
As a government official, employee or volunteer, you are legally required to report suspected child abuse. This requirement includes all governmental officials, employees and volunteers. It is recommended that, whenever possible, officials, employees and volunteers report the suspected abuse to both the NJ Department of Children and Families and law enforcement at the same time, which is known as "dual reporting."
[11-9-2021 by Ord. No. 3090-21]
The Township owns and maintains a fleet of vehicles ("Township vehicles") that are used in furtherance of the business of the Township. The following policy governs the use of all Township Vehicles (with the exception of vehicles utilized for law enforcement purposes), and supersedes all other vehicle policies previously in effect. Any employee violating the provisions contained herein will be subject to disciplinary action, up to and including termination, in accordance with applicable laws and regulations. Violations of this policy may also result in the denial of indemnification and/or defense by the Township to the employee in any civil or criminal matter brought in any court arising from improper use of a Township vehicle. The Township also expressly reserves its right to seek indemnification and/or contribution from employees (including their personal automobile insurance policies) found to have acted in violation of this policy to the maximum extent permitted by law.
Driving Privileges and Licensure. The use of a Township vehicle by an employee is subject to the approval and discretion of the Chief Administrative Officer. Any employee operating a Township vehicle must have, in his or her possession, a valid driver's license issued by a state regulatory body within the United States. Licenses issued by any territory or possession of the United States, the District of Columbia, or any international agency (including any province of the Dominion of Canada) must be expressly approved by the Township's insurance carrier before an employee will be permitted to operate a Township vehicle.
a.
Employees are required to file a copy of a valid driver's license with the Township prior to the use of a Township vehicle.
1.
Upon request, an employee must provide a copy of their driver's license or other required documents within 24 hours of said request.
2.
Employees shall inform the Township within 24 hours of any changes in the status of their driving privileges.
3.
Failure to comply with the requirements of this section will result in an immediate suspension of an employee's privilege to operate a Township vehicle and may also result in the denial of indemnification and/or defense by the Township to the employee in any civil or criminal matter brought in any court arising from the use of a Township vehicle while said employee's driving privileges were suspended or revoked.
b.
The Township reserves the right to obtain a driving abstract record from the New Jersey Motor Vehicle Service Commission or other regulatory and law enforcement agencies.
1.
The Township reserves the right to suspend an employee's Township driving privileges if the Township deems necessary based on the employee's driving record.
2.
The Township shall utilize information obtained pursuant to this section only for the purposes of furthering the objectives of this Policy and for no other reason, and will not reveal personal or other information contained in an employee's driving abstract record to any party except where required by applicable law.
c.
The Township occasionally offers safe driving courses and reserves the right to compel employee attendance at such courses.
d.
If requested by the Chief Administrative Officer or human resources official, the employee must agree to consent to a simulated road test to determine his/her fitness to safely operate a vehicle.
e.
In the event that the employee is under the influence of any medication (prescribed or over-the-counter) that might impair his/her ability to safely operate a vehicle, he/she must refrain from driving until he/she notifies the Township and await clearance to resume driving.
f.
Official use only. The use of Township vehicles is restricted to official Township business only. Employees shall not be permitted to use Township vehicles for travel or activity unrelated to Township business. Likewise, no supervisor may authorize such use or any use of a Township vehicle for other than Township business or use which is otherwise inconsistent with this policy. Township vehicles assigned to employees under this policy are to be operated only by the employee while acting within the scope of their employment. No employee shall authorize or permit any other non-Township employee, including but not limited to family members of the employee, to operate or ride as a passenger in an assigned Township vehicle, unless said passengers are assisting in the official business of the Township.
g.
Location of vehicles. Employees who are assigned the regular use of a Township vehicle for official business may, with written permission of his/her Department Head, take the Township vehicle home at night and keep said vehicle at home while off duty. If the employee will be absent from duty for more than two working days, or more than five consecutive days, including weekends and holidays, he/she must surrender the Township vehicle to his/her direct supervisor unless directed otherwise. An employee storing the vehicle at his residence must provide safe parking for the vehicle at all times.
h.
Commuting. The use of a Township vehicle for driving to and from work is voluntary and does not entitle the employee to compensation or pay while engaged in that activity.
i.
Accidents and incidents. Prior to operation of any Township vehicle, employees must consult their department head as to the appropriate steps to take if they become involved in an accident (filling out accident reports, obtaining witness names, etc.).
1.
In the event of an incident or accident involving the use of a Township vehicle, employees must immediately contact their supervisor and/or department head. All required reports and documentation must be submitted to the Chief Administrative Officer within two business days of receipt.
2.
An employee may be required to submit to an alcohol or drug screening test following an accident or incident if there is a reasonable suspicion to believe that the employee's use of drugs or alcohol may have contributed to the cause of the accident or as otherwise required by law or other policy of the Township.
j.
Citations and violations. Operators of Township vehicles are expected to follow all laws, regulations and rules proscribed by the Motor Vehicle Commission. Drivers are responsible for paying any moving violation tickets and must notify the Township of said violations within 48 hours of receipt of said ticket (regardless of the employee's decision to contest such ticket in municipal court). Drivers are responsible for paying all parking tickets incurred. The Township should be notified of the receipt of a parking ticket within 48 hours of receipt of said ticket.
k.
Drivers are responsible for all "Notice of Delinquent Toll Payment Violations" (including but not limited to EZ-Pass). Upon having been notified of said violation, either by direct mail or notice from the Township, an employee shall, within 10 business days of such notice, provide acceptable proof to the Township that the outstanding toll and any related fees have been paid.
l.
General policies and procedures. Employees authorized to use a Township vehicle for official business must adhere to the policies and procedures set forth in this Policy. Failure to comply with the provisions below will result in a loss of privileges:
1.
Drivers must ensure that all required documents (driver's license, LD, badge/card, registration, insurance card) are in their possession while operating the vehicle. Vehicle registration and insurance cards should be kept in a locked compartment of the vehicle when not in use.
2.
Employees assigned exclusive use of a Township vehicle are responsible for scheduling all repairs and manufacturer recommended maintenance with the Township, in order to maintain all manufacturers' warranties (including routine oil changes).
3.
Vehicles are to be kept clean at all times, and should be washed and vacuumed regularly (unless prohibited by the New Jersey Department of Environmental Protection or other similar regulatory body).
4.
No smoking is allowed in Township vehicles at any time.
5.
In accordance with N.J.S.A. 39:4-97.3 and any other applicable statutes and regulations, the use of hand-held phones or electronic devices (BlackBerry®, navigation systems, etc.) while driving Township vehicles is prohibited. This prohibition includes the sending or reading of e-mails, text messages and other similar communications.
6.
All occupants must wear seat belts at all times when the vehicle is in use and observe all road safe rules and regulations, such as "Wipers On, Lights On."
7.
Employees are expected to operate vehicles in a safe and courteous manner at all times and are expressly reminded to avoid tailgating or other unsafe practices.
8.
Employees are reminded of the risks inherent from driving while drowsy. In the event that a driver becomes tired while operating a vehicle, they should pull off the road and seek appropriate assistance.
m.
Violation of this policy may result in disciplinary action up to and including the suspension of the employee's privilege to operate a Township Vehicle and/or termination.