[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]
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 letter 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]
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 superintendent of parks and public property 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 $3,000 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]
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. 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 paid sick day per month up to a maximum accumulation of 24 paid sick days and three 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 $20 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."
[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.
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|
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.
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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]
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 $3,000 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.
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Part I. Introduction.
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[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.
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Part II. Definitions.
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[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.
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Part III. Employee Assistance Programs.
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[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]
Drug education activities may include:
[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.
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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.
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[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]
[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.
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Part XV. Position Titles Designated for Random Testing.
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[Ord. #2271, § I; Ord. #2510, § I]
[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.
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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.
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All discharges will be in accordance with federal and state
as well as applicable collective bargaining agreements.
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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.
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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.
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All discharges will be in accordance with federal and state
as well as applicable collective bargaining agreements.
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[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.
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STEP 1
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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.
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STEP 2
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a.
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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.
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b.
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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.
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STEP 3
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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.
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An employee or members of his or her immediate family may represent
himself or herself in proceedings concerning the employee's own interests.
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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]
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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] |
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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:
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•
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Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment;
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•
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Submission to or rejection of such conduct by an individual
is used as the basis for employment decisions affecting such individual;
or
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•
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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.
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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.
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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.
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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.
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[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:
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Seek medical attention for physical or psychological injuries;
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•
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Obtain services from a victim services organization, pursue
psychological or other counseling;
|
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•
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Participate in safety planning for temporary or permanent relocation;
|
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•
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Seek legal assistance to ensure health and safety of the employee
or the employee's relative; or
|
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Attend, participate in, or prepare for a criminal or civil court
proceeding relating to an incident of domestic or sexual violence.
|
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To be eligible for the leave, an employee must meet the following
criteria:
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The employee or their family member must be a victim of domestic
violence or a sexually violent offense;
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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
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•
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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.
