[Ord. No. 96-15 § 1]
a.
It is the policy of the Township to maintain a working environment
that is free from all forms of discrimination, including sexual harassment.
b.
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.
c.
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.
d.
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.
e.
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]
a.
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:
1.
Submission to sexual harassment is made either explicitly or implicitly
a term or condition of an individual's employment;
2.
Submission to or rejection of sexual harassment by an individual
is used as the basis for employment decisions affecting that individual;
or
3.
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.
b.
Sexual harassment may include but is not limited to the following:
1.
Unwelcome sexual advances, such as offensive sexual flirtations,
repeated requests for dates or love letters after rejection of overtures.
2.
Discussing sexual activities.
3.
Pressure or coercion for sexual activity.
4.
Repeated remarks to a person, with sexual or demeaning implications.
5.
Unwelcomed, intentional touching, such as patting, pinching or brushing
against another's body.
6.
Suggesting or demanding sexual involvement accompanied by implied
or explicit threats concerning one's evaluation, raise, promotion,
etc.
7.
Display of nude or pornographic pictures, lewd or vulgar cartoons,
etc.
8.
Practical jokes about gender-specific traits.
c.
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.
d.
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]
a.
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.
b.
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]
a.
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.
b.
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:
Shall mean any employee or volunteer of any Township organization
whose work may require the operation of Township vehicles.
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.
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:
a.
All operators must be at least 18 years of age and have a current
valid driver's license.
b.
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.
c.
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.
d.
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.
|
MVR Table
| ||||
|---|---|---|---|---|
|
Number of Violations
(Last three Years)
|
Number of At-Fault Accidents (Last three Years)
| |||
|
0
|
1
|
2
|
3
| |
|
0
|
Clear
|
Acceptable
|
Borderline
|
Poor
|
|
1
|
Acceptable
|
Acceptable
|
Borderline
|
Poor
|
|
2
|
Acceptable
|
Borderline
|
Poor
|
Poor
|
|
3
|
Borderline
|
Poor
|
Poor
|
Poor
|
|
4
|
Poor
|
Poor
|
Poor
|
Poor
|
|
Any Major Violation
|
Poor
|
Poor
|
Poor
|
Poor
|
|
Major Violations:
|
|
a. Driving under the influence of alcohol/drugs
|
|
b. Failure to stop/report an accident
|
|
c. Reckless driving/speeding contest
|
|
d. Homicide, manslaughter or assault arising out
of the use of a vehicle
|
|
e. Making a false accident report
|
|
f. Driving with a suspended/revoked license
|
|
g. Attempting to elude a police officer
|
|
Minor Violations: Any moving violation other than a major
violation including:
|
|
a. Speeding
|
|
b. Failure to obey a traffic control device
|
|
c. Driving with a suspended/revoked registration
|
|
d. Driving an unregistered vehicle
|
|
The following will not count against the driver as a violation:
|
|
a. Motor vehicle equipment, load or size requirements
|
|
b. Improper failure to display license plates
|
|
c. Failure to sign or display registration
|
|
d. Failure to have driver's license in possession
(if valid license exists)
|
|
e. A minor violation in which the driver has been
charged with an accident
|
[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.
