[Ord. #58-0-302; 1967 Code Appendix, Part III]
Whereas, the election held on November 5, 1957, there was submitted
to the voters of the Borough the question of whether or not the Borough
should adopt the provisions of the Civil Service Act of the State
of New Jersey, and the adoption was duly approved and authorized by
a majority of the voters of the Borough at the election; and
Whereas, immediately thereafter the New Jersey Civil Service
Commission made a survey of all positions in the Borough covering
the duties of the positions of the Borough; and
Whereas, following such a survey the New Jersey Civil Service
Commission submitted to the governing body of the Borough two separate
and distinct schedules, as follows:
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Schedule 1
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A list of employees in the Borough with their dates of appointment,
salary and title; and their proposed status, title and divisional
classification.
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Schedule 2
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Class specifications in alphabetical order including definitions,
examples of work, educational and experience requirements, and knowledge
and abilities.
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Whereas, the governing body of the Borough is desirous of cooperating
with the New Jersey Civil Service Commission; and
Whereas, the governing body of the Borough is aware of the necessity
of establishing a businesslike personnel policy, for the Borough;
and
Whereas, the governing body of the Borough is also aware of
the lack of legal sufficiency for some positions in the Borough; and
Whereas, the governing body of the Borough feels that the legal
creation of positions held by employees of the Borough will provide
the security necessary for proper working relations between the governing
body and the employees of the Borough, resulting in a more efficient
administration of the Borough's affairs and the providing of better
services for the community at large.
[Ord. #58-0-302; 1967 Code Appendix, Part III, § 1]
The classes of positions set forth in Schedule 1 of the survey
made by the New Jersey Civil Service Commission dated November 1,
1958, now on file with the Borough Clerk, are hereby created. The
classes of positions set forth in the survey are hereby made a part
of this section as if more fully set forth herein.
[Ord. #58-0-302; 1967 Code Appendix, Part III, § 2]
The duties of the classes of the positions are those more particularly
set forth in Schedule 2 of the survey.
[Ord. #58-0-302; 1967 Code Appendix, Part III, § 3]
Nothing herein shall be construed as to deny the Mayor and Council
the right to increase the classes of positions, abolish the same,
if required, and to change the duties thereof.
[Ord. #104, § 1; Ord. #87-100, § 1; Ord.
#03-Code-461, § I; amended 4-27-2022 by Ord. No. 22-Code-884]
a.
All applicants for appointment to the Police Department shall be
qualified for appointment as required by law, ordinance and Civil
Service rules and regulations. Pursuant to N.J.S.A. 40A:14-123.1a,
before any person shall be appointed as a member of the police department
and force, the Borough of Oakland shall classify all duly qualified
applicants for the position or positions to be filled in the following
classes:
b.
Within each such classification duly qualified applicants who are
veterans shall be accorded all such veterans' preferences as
are provided by law. Persons discharged from the service within 6
months prior to making application to such municipality who fulfill
the requirements of N.J.S.A. 40A:14-123.1 and who, thereby, are entitled
to appointment not withstanding their failure to meet the New Jersey
Residency Requirement at the time of their initial application shall
be placed in Class III.
c.
All appointments shall be made in the order of preference established
hereinabove.
d.
These classifications shall only apply to initial appointments and
not to promotional appointments of a person(s) who are already employed
by the Borough of Oakland.
e.
This preference shall in no way diminish, reduce or affect the preferences
and/or requirements pursuant to any other provisions of the law.
[Ord. #96 Code 323, § 1]
The Borough of Oakland hereby adopts a formal Policy on Sexual
Harassment which shall be distributed to every employee of the Borough
of Oakland and which shall be strictly enforced.
[Ord. #96 Code 323, § 1]
Sexual Harassment is defined as unwelcome sexual advances, requests
for sexual favors and other verbal or physical conduct based on gender
when:
a.
Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment; or
b.
Submission to or rejection of such conduct by an individual is used
as the basis for employment decisions affecting such individual; or
c.
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 including, but not limited
to:
1.
Gender harassment: Generalized gender-based remarks and behavior.
2.
Seductive behavior: Inappropriate, unwanted, offensive physical or
verbal sexual advances.
3.
Sexual bribery: Solicitation of sexual activity or other sex-linked
behavior by or for a promise of reward.
4.
Sexual coercion: Coercion of sexual activity by threat of punishment.
5.
Sexual assault: Gross sexual imposition such as touching, fondling,
grabbing or assault.
[Ord. #96 Code 323, § 1]
All employees, female or male, shall be permitted to work in
an environment free from all forms of unlawful discrimination and
conduct which can be considered harassing, coercive or disruptive,
including sexual harassment. Sexual harassment is a form of employee
misconduct which undermines the integrity of the employment relationship.
Sexual harassment debilitates morale and interferes with work productivity
and, therefore, will not be tolerated.
[Ord. #96 Code 323, § 1]
a.
Supervisory. In order to ensure the integrity of the work environment,
supervisory personnel are required to ensure adherence to and compliance
with this policy; and, upon being informed of possible sexual harassment,
are required to take appropriate immediate action in response, including
informing employees of their right to file a discrimination complaint
with the Administrator.
b.
Employee. Employees are encouraged, whether directly or through a
third party, to notify the alleged harasser that the behavior in question
is offensive and unwelcome. Employees are encouraged to promptly report
all alleged incidents of sexual harassment to the Administrator. However,
failure to do so does not preclude filing a complaint.
c.
Contents of Filing. The complaint filed must include the following
information:
1.
The name and department of the complainant;
2.
The name and department of the charged party;
3.
The nature and circumstances, in detail, of the alleged sexual harassment,
including but not limited to, the injuries or consequences suffered
by the complainant, the names of any witnesses to such actions and
the duration of the actions questioned; and
4.
Whether such harassment has been previously reported to a supervisor
or other person, and if so, when and to whom.
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Nothing in this section shall prevent the complainant from providing
other information or documents they believe are essential to the fair
adjudication of their case.
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The initial complaint may be made orally or in writing. If the
complaint is made orally, the Administrator shall reduce same to a
written document, which shall, if it is deemed accurate, be signed
by the complainant.
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The Borough Administrator is hereby designated as the sexual
harassment officer. The Chief Financial Officer of the borough is
hereby designated as the alternate officer. Persons who, by reason
of the circumstances, are uncomfortable directing a complaint to the
Administrator may report same to the alternate officer.
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d.
Investigation of Filed Complaints. A complaint of sexual harassment
shall be investigated by the Borough Administrator or his alternate
in a timely manner and shall include, but not be limited to:
1.
Interviewing the complainant in detail;
2.
Interviewing all potential witnesses, including those persons who
may have knowledge of similar incidents;
3.
Interviewing the charged party in detail;
4.
Reviewing municipal files for similar incidents involving the complainant
and the charged party;
5.
Assessing the presence or absence of corroborative evidence for either
party.
e.
Confidentiality. To the extent possible, the sexual harassment investigative
proceedings will be conducted in manner to protect the confidentiality
of the complainant, the alleged harasser and all witnesses. All parties
involved in the proceedings will be advised to maintain strict confidentiality,
from the initial meeting to the final decision, to safeguard the privacy
and reputation of all involved.
f.
Retaliation. It shall be a violation of this policy for any employee
to take reprisals against any person because she/he has filed a complaint,
testified or assisted in any proceeding under this policy. Threats,
other forms of intimidation, and/or retaliation against the complainant
or any other party based on involvement in the complaint process may
be cause for disciplinary action.
g.
Protection of All Parties. All complaints will be addressed by the
Borough Administrator. The alleged harasser will be notified once
a formal complaint is filed with the Administrator. A finding of no
probable cause as a result of an investigation does not necessarily
establish that an accusation is false. However, this policy shall
not be used to intentionally bring frivolous or malicious charges
against an employee.
[Ord. #96 Code 323, § 1]
Employees of the Borough shall be provided with training, by
a person trained to lead or implement such training, which shall include
a detailed discussion of the following:
a.
A detailed explanation of what constitutes sexual harassment;
b.
The procedures for filing a sexual harassment charge;
c.
The procedures to be followed in the investigation of a sexual harassment
charge;
d.
Management's obligation regarding incidents of sexual harassment;
e.
Record keeping requirements.
[Ord. #96 Code 323, § 1]
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 the Administrator shall also be guilty of having made
false accusations.
[Ord. #08-Code-566, § I]
The purpose of this policy is to set forth the guidelines under
which Borough of Oakland ("Borough") vehicles will be authorized to
Borough personnel, and the guidelines under which Borough vehicles
may be used.
[Ord. #08-Code-566, § II]
Employees whose employment is regulated by a collective bargaining
agreement ("CBA") are subject only to those provisions of this policy
not specifically regulated by a CBA.
[Ord. #08-Code-566, § III]
Shall mean those automobiles, trucks, vans or other self-propelled
equipment owned, rented, or leased by the Borough and licensed for
travel on a public way.
[Ord. #08-Code-566, § IV]
a.
Borough Vehicles. It is the policy of the Borough that certain positions
require or are entitled to employee access to Borough vehicles. Said
vehicles are not personal vehicles and are not for personal use. Borough
vehicles should be viewed as belonging to the citizens of Oakland
and are assigned solely for purposes consistent with providing services
to those citizens.
[Ord. #08-Code-566, § V]
a.
Assignment of Borough Vehicles. The assignment of Borough vehicles
is based upon job description. Borough vehicles available for this
purpose may be assigned in a manner consistent with Borough workload
and employee function. The assignment of vehicles may be rescinded
by the Borough Administrator at any time.
b.
General Rules Governing Borough Vehicle Use.
1.
Borough vehicles may only be used for legitimate Borough business.
Vehicles may be taken home only upon the advance approval of the Administrator,
except that department heads may also grant temporary approval to
facilitate responses to after-hours emergency calls. When an employee
takes home a Borough vehicle, it is to be utilized only for Borough
business. The above provision shall not apply to those personnel who
are required to be first responders to Borough emergencies, including
but not limited to, the Police Chief and Fire Chiefs.
2.
Borough vehicles shall not be used to transport any individual who
is not directly or indirectly related to Borough business. Passengers
shall be limited to Borough employees and individual who are directly
associated with Borough work activity (Borough members, consultants,
contractors, etc.). Family members shall not be transported in Borough
vehicles. An Oakland employee who is also employed by another governmental
entity may utilize a Borough vehicle for that employment, only if
the employment is pursuant to an interlocal agreement between the
Borough and the other governmental entity. The above provision shall
not apply to those personnel who are required to be first responders
to Borough emergencies, including but not limited to, the Police Chief
and Fire Chiefs.
3.
Vehicles should contain only those items for which the vehicle is
designed. The Borough shall not be liable for the loss or damage of
any personal property transported in the vehicle.
4.
Employees are expected to keep Borough vehicles clean, and to report
any malfunction or damage to their supervisor immediately.
5.
Employees may not operate Borough vehicles under the influence of
alcohol, illegal drugs, or prescription drugs or medications which
may interfere with effective and safe operation.
6.
Employees who operate Borough vehicles must have a valid motor vehicle
license issued by the state of their current residence and may be
required to provide proof of valid motor vehicle license issued by
the state of their current residence and may be required to provide
proof of valid motor vehicle license once every six months.
7.
Employees driving Borough vehicles shall obey all applicable traffic
and parking regulations, ordinances, and laws, including, but not
limited to, laws regarding cellular telephone usage.
(a)
Employees who incur parking or other fines in Borough vehicles
will generally be personally responsible for a payment of such fines
unless the payment of such fines is approved by the Borough Administrator.
(b)
Employees who are issued citations for any offense while using a Borough vehicle must notify their supervisor immediately when practicable, but in no case later than 24 hours. Failure to provide such notice will be grounds for disciplinary action in accordance with subsection 17-3.7 of this policy.
8.
Vehicles are to be used within a 15 mile radius of the Borough of
Oakland. No employee may use a Borough vehicle for out of the State
use, or in a location outside the 15 mile radius, without advance
approval of the Borough Administrator. The 15 mile use limitation
shall not apply to those personnel who are required, as part of their
job description, to be first responders to Borough emergencies, such
as the Police Chief, Fire Chiefs or Superintendent of Department of
Public Works.
[Ord. #08-Code-566, § VI]
This policy is intended to provide a basic framework governing
the use of Borough vehicles, and, as such, cannot contain procedures
governing every situation that might arise. Employees seeking clarification
of or exemption from the provisions of this policy should contact
the Borough Administrator who will provide such clarification and
may authorize exceptions to the policy under mitigating circumstances.
Such preapproval is required in order to avoid discipline for a violation
of terms hereof.
[Ord. #08-Code-566, § VII]
Failure to comply with any of the provisions of this policy
may result in disciplinary action up to and including removal of Borough
vehicle privileges, suspension, and/or termination from Borough service.
