[Ord. No. 96-15 § 1]
It is the policy of the Township to maintain a working environment that is free from all forms of discrimination, including sexual harassment.
Sexual harassment is a form of misconduct that undermines the integrity of the employment relationship. No employee, either male or female, should be subject to unsolicited and unwelcomed sexual overtures or conduct, either verbal or physical. No employee should be subjected to a hostile or offensive working environment created by sexual harassment.
Sexual harassment does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is not welcome, that is personally offensive, that lowers morale and that, therefore, interferes with work effectiveness.
Each supervisor has a responsibility to maintain the work place free of sexual harassment. This duty includes discussing this policy with all employees and assuring them that they are not to endure insulting, degrading or exploitive sexual treatment.
It shall be a violation of this policy for any employee of the Township to harass another employee through conduct or communications of a sexual nature or because of that employee's gender. It shall also be a violation of this policy for any supervisor who is aware that sexual harassment is taking place to fail to promptly report the matter to the Mayor or other member of the Township Committee.
[Ord. No. 96-15 § 2]
Sexual harassment shall consist of unwelcomed sexual advances, requests for sexual favors and other inappropriate verbal or physical conduct of a sexual nature made by any employee when:
Submission to sexual harassment is made either explicitly or implicitly a term or condition of an individual's employment;
Submission to or rejection of sexual harassment by an individual is used as the basis for employment decisions affecting that individual; or
Sexual harassment has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
Sexual harassment may include but is not limited to the following:
Unwelcome sexual advances, such as offensive sexual flirtations, repeated requests for dates or love letters after rejection of overtures.
Discussing sexual activities.
Pressure or coercion for sexual activity.
Repeated remarks to a person, with sexual or demeaning implications.
Unwelcomed, intentional touching, such as patting, pinching or brushing against another's body.
Suggesting or demanding sexual involvement accompanied by implied or explicit threats concerning one's evaluation, raise, promotion, etc.
Display of nude or pornographic pictures, lewd or vulgar cartoons, etc.
Practical jokes about gender-specific traits.
Sexual harassment may also consist of intimidating, abusive or hostile behavior of a non-sexual nature toward an employee because of his/her gender. Verbal abuse and hostility that is not sexual in character but is directed solely at females because they are female or males because they are male, for example, is likewise a violation of this policy on the same level as harassment of a sexual nature.
Sexual harassment can also take the form of offensive conduct by non-employees, such as vendors, outside contractors, etc., against employees in the work place.
[Ord. No. 96-15 § 3]
Because of the nature and seriousness of sexual harassment in the work place, the receipt of complaints, investigation and recommendation for disciplinary action, if necessary, shall be the responsibility of the Mayor and Township Committee.
[Ord. No. 96-15 § 4]
Any person who feels he/she is the victim of sexual harassment as defined herein may file a complaint directly with the Mayor or designated member of the Township Committee. If any department head or other supervisory personnel receives a complaint regarding sexual harassment or becomes aware of instances of sexual harassment, then the department head or supervisor shall promptly report the incident to the Mayor or designated member of the Township Committee. Although employees are encouraged to try to resolve disputes with the help of their immediate supervisor, there is no requirement that the employee exhaust the chain of command in relation to sexual harassment complaints. Rather, an employee can go directly to the Mayor or designated member of the Township Committee at any time during the complaint process. The filing of a bona fide complaint or otherwise reporting sexual harassment will not adversely affect the individual's employment status or future terms and conditions of employment.
[Ord. No. 96-15 § 5]
The Mayor or designated member of the Township Committee shall promptly commence an investigation of the allegations of sexual harassment, which may include interviews and written statements from the victim, the alleged harasser and any witnesses. The Mayor or designated member of the Township Committee may request the assistance of the Township Attorney, other supervisory personnel or outside sources in conducting the investigation. Confidentiality shall be maintained throughout the investigation process.
A written report of the investigation shall be prepared by the Mayor or designated member of the Township Committee within seven days of the conclusion of the investigation, with copies sent to the victim and alleged harasser. The Mayor or designated member of the Township Committee may initiate any remedial or disciplinary action deemed necessary.
[Ord. No. 96-15 § 6]
If the allegations of sexual harassment are found to be meritorious, the Mayor or designated member of the Township Committee shall immediately institute remedial and/or corrective action, which may include counseling, change in work assignments or disciplinary action up to and including termination. Any disciplinary action shall be consistent with applicable collective bargaining agreements, if any, and the procedural provisions of the personnel policies of the Township of Union. The victim of sexual harassment shall be informed of the nature of any disciplinary action taken.
The Mayor or designated member of the Township Committee or their designees may monitor future conduct of the parties involved in order to reasonably ensure the remedial action taken has been effective in stopping the harassment and that no retaliation has occurred.
[Ord. No. 96-15 § 7]
If any individual is aggrieved with the investigation, findings and/or remedies pursuant to this policy, he/she may assert any right of appeal contained in the applicable collective bargaining agreements or personnel policies, rules and regulations by filing an administrative appeal with the full Township Committee, which shall promptly hold a hearing on the appeal and render findings of fact, conclusions and a decision, including disciplinary action if warranted.
[Ord. No. 96-15 § 8]
This policy will be distributed to all employees and department heads of the Township and incorporated in employee handbooks. This policy shall also be included in any standard operating procedures manual of any department. Every employee shall be required to certify that he or she has received a copy of this policy. This certification shall be maintained in each employee's personnel file. This policy shall also be permanently placed on all employee bulletin boards in every department. It shall be a violation of this policy to remove the policy from any bulletin board or deface this policy in any manner. Mandatory training sessions on this policy and the prevention of sexual harassment shall be held for all personnel during appropriate in-service training programs or orientation sessions.
[Ord. No. 96-15 § 9]
It is the duty of all employees, including supervisory personnel, to be familiar with this policy. More importantly, each employee has a stake in preventing sexual harassment and thus shares responsibility with the Mayor or designated member of the Township Committee in eliminating sexual harassment in the work place. Employees who feel victimized by sexual harassment are encouraged to come forward with complaints. Employees should also inform their co-workers or supervisor in no uncertain terms that conduct is offensive and unwelcome. Often, disputes arise only because of misconceptions and insensitivity, which can be corrected simply through communication. If self-help remedies do not resolve the dispute, report the matter promptly to the Mayor or designated member of the Township Committee. Also, all employees have a responsibility to cooperate fully with the investigation of sexual harassment. Although the extent of each investigation will vary, confidentiality and cooperation are crucial at all levels. Finally, any retaliatory conduct or recurrence of the offensive behavior should be reported immediately to the Mayor or any member of the Township Committee.
[Ord. No. 96-15 § 10]
The Township shall not take any retaliation against any employee who files a complaint or assists in the investigation of such a complaint.
Any act of any Township official taken to punish, discourage or intimidate any person who has or may either become a complainant or assist in the investigation of a legitimate sexual harassment complaint, shall be punishable as an additional act of sexual harassment requiring appropriate disciplinary action.
[Ord. No. 96-15 § 11]
Since a charge of sexual harassment is a grave and serious one, false accusations of sexual harassment are, and will be treated as, a disciplinary offense and will result in a level of punishment appropriate for a person actually engaging in such behavior.
A person who knowingly and/or recklessly fails to give truthful testimony to an investigator or Township official, as same are established by this section, shall also be guilty of having made false accusations.
[Ord. No. 96-15 § 12]
To the extent this section repeals, alters or amends any portion of the existing Township Ordinances, Resolution or Policies of the Township of Union, the terms of this Ordinance shall be controlling.
[Ord. No. 2012-8]
It is widely known in the risk management industry that motor vehicle reports (MVR), which detail a driver's past performance, provide a useful means of predicting future driving performance. Many industries check the driving record of their drivers. While not required by law to perform this review, studies have shown that this is a valid source of determining driving behavior and performance.
In addition, if a Township vehicle is involved in an accident and the driver has a poor record, legal defense becomes difficult, no matter who is actually at fault, and the resulting publicity will reflect poorly upon Union Township and any other organization involved.
It therefore shall be the policy of Union Township that every Township employee who may drive Township vehicles in the course of their duties, maintain a motor vehicle record (MVR) meeting the requirements set forth in the table below.
[Ord. No. 2012-8]
The following Motor Vehicle Record (MVR) Policy is hereby established.
[Ord. No. 2012-8]
As used in this section, the following definitions shall apply:
- TOWNSHIP EMPLOYEE
- Shall mean any employee or volunteer of any Township organization whose work may require the operation of Township vehicles.
- TOWNSHIP ORGANIZATION
- Shall mean the Township of Union, Hunterdon County, New Jersey, or any of its departments, authorities, subdivisions, or volunteer organizations affiliated with the Township of Union, the Union Township Department of Roads and Facilities, the Union Township Fire Department and the Union Township Rescue Squad.
- TOWNSHIP VEHICLE
- Shall mean any vehicle owned, leased or controlled by the Township of Union or any Township organization.
[Ord. No. 2012-8]
It shall be the duty of all Township employees whose work may require the operation of Township vehicles to notify their superiors of any of the following changes in their MVR status:
[Ord. No. 2012-8]
The standards for MVR's are as follows:
All operators must be at least 18 years of age and have a current valid driver's license.
No Township employee may be added to the driver's list with a "Borderline" or "Poor" MVR graded by the table below as minimum requirements.
Any driver whose grading falls into the "borderline" category must have their driving record reviewed by a Township officer or board set up for such reviews, and mandatory driver training may be required of "borderline" drivers by the reviewing authority in its discretion.
No one whose MVR grading is "Poor" may drive a Township vehicle.
Any exceptions to these guidelines must be referred to the Township Committee for approval.
[Ord. No. 2012-8]
Since breach of this policy could place Township employees and civilian motorists in danger, any employee or volunteer in violation of these procedures shall be subject to departmental action which could result in temporary or permanent loss of department vehicle driving privileges, suspension, or termination.
[Ord. No. 2012-8]
Periodic checks of Township employee's driver's licenses through visual and formal Motor Vehicle Commission review checks shall be made by supervisors, in accordance with the current Union Township Personnel Policies and Procedures Manual. Any Township employee who does not hold a valid driver's license will not be allowed to operate a Township vehicle until such time as a valid license is obtained.
[Ord. No. 2012-8]
No Township employee whose work may require the operation of Township vehicles shall be hired or accepted as a member or participant of a volunteer organization, unless and until such prospective employee has undergone a Motor Vehicle Record (MVR) check which conforms to the standards set forth in this section. All applicants for employment or membership in a volunteer organization which may require operation of a Township vehicle shall sign a MVR authorization permitting the Township to conduct a review of the applicant's motor vehicle records at the time of such application, and periodically thereafter.