[Note: See also Code Appendix B, Personnel Policies and Procedures Manual.]
[The general power of a municipality to establish personnel policies is derived from N.J.S.A. 40:48-1, subject to limitations contained in N.J.S.A. 40:11-1, et seq., Officers and Employees.]
[1971 Code § 5-1]
The New Jersey Department of Personnel, N.J.S.A. 11A:1 et seq., and the Administrative Code, N.J.A.C. 4A:1 et seq., applicable to municipalities provide the basic framework for employment in the Township government. This chapter and all its provisions shall at all times be subject to this statute and this code, which prescribe basic minimum standards. To the extent that this chapter may in any respect provide minimum standards which are less than those embodied in this statute and this code, the latter rules shall be deemed applicable; however, to the extent that the provisions of this chapter contain benefits or provisions which are in excess of the minimum requirements of these rules, the provision of this chapter shall be deemed to be controlling.
[1971 Code § 5-1.2]
The following principles shall constitute the personnel policies of the Township of Lakewood.
Employment in the Township government shall be based on merit and fitness, free of personal and political considerations.
Just and equitable incentives and conditions shall be established and maintained in order to promote efficiency and economy in the operation of the Township government.
Positions with similar duties and responsibilities shall be classified and compensated on a uniform basis.
Appointments, promotions and other personnel actions requiring the application of the merit principle shall be based on systematic tests and evaluations of knowledge and performance, and where appropriate these shall be carried out through the Township's participation in the New Jersey State Department of Personnel.
Every effort shall be made to stimulate high morals by fair administration of this chapter, and by consideration of the rights and interests of employees, consistent with the best interest of the public and the Township.
Continuation of employment shall be subject to good behavior, satisfactory performance of work, necessity for the performance of work, and availability of funds.
[Ord. No. 2017-1 adopted February 15, 2017; Ord. No. 2017-36 adopted September 14, 2017; amended by Ord. No. 2019-7]
The Township hereby adopts the amended Personnel Policies and Procedures Manual dated August 31, 2017 which is applicable to and binding on the Township of Lakewood and all civilian non-police personnel.
Editor's Note: The Personnel Policies and Procedures Manual may be found on file at the Office of the Township Clerk and online with the Lakewood Township Code in Appendix B.
[1971 Code § 5-1A.1]
Except as is otherwise provided by law or provided herein, all officers and employees appointed to positions of employment for the Township after the effective date of this section, shall be bona fide residents of the Township of Lakewood. A bona fide resident for the purpose of this section is a person having a permanent domicile within the Township and one which has not been adopted with the intention of again taking up or claiming a previous residence acquired outside of the Township.
[1971 Code § 5-1A.2]
The Township Committee hereby limits the eligibility of applicants for positions and employment in the classified service of the Township to bona fide residents except as otherwise provided herein or by law.
[1971 Code § 5-1A.3]
Whenever the Township Committee shall by resolution determine that there cannot be recruited a sufficient number of qualified residents for available specific positions of employment, the Township officials or the Civil Service Commission, as the case may be, shall advertise for other qualified applicants who shall be classified as follows:
The Township shall first appoint all those in Class a, and then those in each succeeding class in the order above listed after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment.
It shall be specified at the time of employment that all nonresidents subsequently appointed to positions of employment for the Township of Lakewood, after the effective date of this section, shall become bona fide residents of the Township within one year of their appointment.
[1971 Code § 5-1A.5]
Whenever the Township Committee shall determine by resolution that there are certain specific positions or employment requiring special talents or skills which are necessary for the operations of the Township and which are not likely to be found among the residents of the Township, such positions or employment so determined shall be filled without reference to residency.
Any such resolution shall set forth in detail the reasons upon which such a determination is made.
[1971 Code § 5-1A.6]
When promotions are based on merit as determined by suitable promotion tests or other objective criteria, officers and employees who are bona fide residents shall be given preference over a nonresident in any instance when all measurable criteria are equal. The preference over a nonresident granted by this section shall in no way diminish, reduce, or affect the preference granted pursuant to any other provision of law.
[1971 Code § 5-1A.7]
Any requirements concerning eligibility, appointment or promotion contained in this section shall be subject to any order issued by any Court, or by any State or Federal agency pursuant to law, with respect to a requirement of action to eliminate discrimination in employment based upon race, creed, color, national origin, ancestry, marital status or sex, except that any such nonresident appointees shall become bona fide residents of the Township within one year of appointment.
[1971 Code § 5-2.1]
The unclassified service shall include the following:
All elected officials and members of citizen boards and committees.
Municipal Manager, Municipal Clerk, Township Engineer, Assistant Township Engineer, department directors, Township Attorney and legal assistants.
Volunteer personnel and personnel appointed to service without compensation.
Consultants and counsel rendering temporary professional service.
All other offices or positions that are so classified by N.J.S.A. 11:22-2.
[1971 Code § 5-2.2]
The classified service shall include all other positions in the Township government that are not specifically placed in the unclassified service by the above provisions of this chapter, or which are not excluded from the classified service pursuant to N.J.S.A. 11:22-2.
[1971 Code § 5-3]
The provisions of this chapter apply only to the classified service unless otherwise specifically provided.
[1971 Code § 5-4.1]
The Municipal Manager shall make or cause to have made an analysis of the duties and responsibilities of all full-time positions in the Township, except the Municipal Manager's own position. Such analysis shall be made upon recommendation of the New Jersey Department of Personnel or at the direction of the Township Committee. The Municipal Manager shall recommend to the Township Committee a position-classification plan based upon the analysis of positions. Within 30 days after the adoption of a position-classification plan by resolution of the Township Committee, the Municipal Manager shall assign each position to an appropriate class in accordance with the position-classification plan and with the approval of the New Jersey Department of Personnel.
[1971 Code § 5-4.2]
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 so 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 Municipal Manager shall from time to time review the job classifications and submit a report thereof to the Township Committee.
[1971 Code § 5-4.3]
The classification plan may be amended from time to time with the approval of the New Jersey Department of Personnel. Such changes may result from the need for creating new positions, changes in organization or changes in assigned duties and responsibilities.
The Municipal Manager 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 reallocation of positions to new salary ranges. In such review, he shall study the current duties and responsibilities of the position concerned and with the approval of the New Jersey Department of Personnel take appropriate action necessary to insure the correct classification and allocation of the position.
Each department director shall report to the Municipal Manager any changes in the department head's organization or assignment of duties and responsibilities to a given employee which would result in changes in the position-classification plan or the classification of any of the positions in said department.
An employee may submit a written request to the Municipal Manager at any time for a review of the duties and responsibilities of his position. Such a request shall be submitted through the employee's department director and shall include the employee's own description of his current duties and responsibilities. The Municipal Manager shall then make an investigation of the position to determine its correct allocation. The Municipal Manager shall report any findings in writing to the Township Committee and shall furnish a copy to the employee requesting the review and to his department director.
[1971 Code § 5-4.4]
A position may be abolished or the number of personnel reduced by the Township Committee for reasons of economy or for reasons of a reorganization within a department or departments. A permanent employee must receive written notice of such action 45 days prior to its effective date. In the Police Department such events shall be governed by the provisions of N.J.S.A. 40:11-10, et seq. Every effort shall be made by the Township, in cooperation with the New Jersey Department of Personnel, to reassign any such permanent employee to another position in the Township service for which the employee may be qualified. If no such position is available immediately, the name of the such employee shall be kept on file and he must be offered employment should a vacancy occur in a position for which he is qualified, prior to taking applications for the vacancy. If an employee is demoted because of economy or departmental reorganization, said employee shall be placed in the new salary range no lower than the same step the employee held in said employee's prior position before demotion.
[1971 Code § 5-5.1]
After each class of position has been assigned to a salary range and the pay plan and rules for its administration have been adopted by the Township Committee, each employee shall be advised of his rate of pay and the salary range to which his position title has been assigned.
[1971 Code § 5-5.2]
When an employee attains the maximum rate of the salary range for his position, he shall not receive further salary increases, unless:
[1971 Code § 5-5.3]
A new employee shall be paid at the minimum of the approved salary range for the position for which the employee is appointed. In exceptional cases, the Municipal Manager may appoint at a rate above the minimum, but not in excess of one step below the maximum.
[1971 Code § 5-5.4]
An employee demoted for disciplinary reasons to a classification having a lower salary range shall receive such salary as the Municipal Manager specifies, which salary shall not exceed the maximum step of the new range. If the employee resigned in good standing, said employee's service shall be considered continuous for the purpose of vacation. The employee's service shall not be considered continuous for purposes of promotion.
[1971 Code § 5-5.5]
When a vacancy is filled by a temporary appointment, the employee shall be paid at the minimum of the approved salary range for the position. In exceptional cases the Municipal Manager may appoint at a rate above the minimum, but not in excess of one step below the maximum.
[1971 Code § 5-5.7]
When an employee is re-employed following a resignation in good standing or a dismissal, to a position in the same classification, the employee shall enter the position at a salary step determined by the appointing authority within the appropriate range. If the employee resigned in good standing, said employee's service shall be considered continuous for the purpose of vacation. The employee's service shall not be considered continuous for purposes of promotion.
In the case of re-employment, within two years of a resignation in good standing, an employee may be rehired without processing by the New Jersey Department of Personnel.
[1971 Code § 5-5.8]
If an employee is transferred or reassigned into another department or division within the Township service, said employee shall not lose any vacation or sick leave credits.
[1971 Code § 5-6.1]
Original appointments to vacancies in the Township service shall be based upon merit, fitness and ability, which shall be determined by competitive examinations insofar as practicable, and shall be in accordance with the New Jersey Department of Personnel.
[1971 Code § 5-6.2]
In the absence of an appropriate list or for the filling of temporary or seasonal positions, or temporarily in the case of emergencies, vacancies may be filled by temporary appointments by the appointing authority. Such temporary appointments shall have a maximum duration of six months.
[1971 Code § 5-6.3]
Pending the establishment of an appropriate eligible list, vacancies in permanent positions may be filled by provisional appointments. Such appointments shall continue only until an appropriate eligible list is established. Such provisional employees shall possess minimum qualifications established for the vacant position.
[1971 Code § 5-6.4]
All employees appointed permanently to the classified service shall serve a probationary period of 90 days. At the expiration of the probationary period, the appointing authority, in consultation with the Municipal Manager, may discontinue the service of any such employee if in the appointing authority's opinion, the employee is unwilling or unable to perform the duties of his position in a satisfactory manner, or if the employee is of such reputation and habits as not to merit continuance in the service of the Township. In every case the Municipal Manager shall notify the employee in writing of the discontinuance and of the reasons for the same, and shall forward a copy of the notice to the New Jersey Department of Personnel.
A 90 day probationary period shall also apply to an employee promoted to a higher classification. Such probationary status will in no way affect the rights and status in the original or lower classification.
Each new Police Officer shall be required to satisfactorily complete a basic police training program recognized by the New Jersey Police Training Commission during the first year and prior to receiving a permanent appointment. The probationary period shall not commence for a Police Officer until said Police Officer has completed such a recognized Police training program and shall expire at the end of the first full year after said Police Officer's appointment.
[1971 Code § 5-6.5]
Classified employees who satisfactorily complete their probationary period shall have permanent employment status conditioned upon good behavior and satisfactory job performance. They shall be subject to removal by the appointing authority only for cause or for reason of economy, after proper notice and the opportunity to be heard, as set forth by the New Jersey Department of Personnel.
[1971 Code § 5-7.1]
As used in this chapter:
[1971 Code § 5-7.2]
When there is a major change in the duties or responsibilities of a position resulting in its reallocation to a higher classification, the position shall be considered vacant and subject to filling under promotional procedures. The incumbent in the reclassified position may be permitted to serve pending promotional procedures.
[1971 Code § 5-7.3]
Vacancies shall be filled by utilizing competitive promotional examinations in accordance with the New Jersey Department of Personnel.
Where the appointing authority, after consultation with the New Jersey Department of Personnel, finds that no employee is qualified for promotion to the vacancy, he may order an open competitive examination, open to candidates outside the Township's employ. In post-examination selection, the appointing authority shall give appropriate consideration to the applicant's qualifications, record of past performance, and the length and quality of said employee's service.
Selection shall be made from the top three interested candidates as determined by the examination process of the New Jersey Department of Personnel.
[1971 Code § 5-7.4]
Pending the availability of a suitable eligibility list, the appointing authority may fill vacancies by a provisional promotion. Such provisional promotion shall have a maximum duration of six months.
[1971 Code § 5-8.1]
Classified employees who have acquired permanent employment status may be temporarily suspended from the Township's employ by layoff or suspension, or permanently separated by resignation or dismissal, subject at all times to the rules and regulations of the New Jersey Department of Personnel.
[1971 Code § 5-8.2]
Whenever there is a lack of work or a lack of funds requiring a reduction in the number of employees in a department of the Township government, the required reductions shall be made in such job classification or classifications as the Township Committee may designate. As determined by the appointing authority, employees shall be laid off in the inverse order of their length of service within each affected job class in a particular department or division. All provisional employees shall be laid off before probationary employees, and all probationary employees shall be laid off before any permanent employee. Permanent (including probationary) employees so affected shall be given a minimum of 45 days notice. Provisional employees so affected shall be given a minimum of two weeks' notice or two weeks pay in lieu thereof.
[1971 Code § 5-8.3]
Employees enrolled in the Public Employees Retirement System of the State of New Jersey are subject to the requirements and provisions of that plan.
Employees are eligible to retire with full benefits and with reduced benefits as set forth by PERS.
Employees who retire after 15 years or more of service with the Township of Lakewood, or 15 years of combined service with the Lakewood Board of Education and Township of Lakewood, provided the last nine years of employment are served with the Township of Lakewood, except in the case of an employee reaching the retirement age of 65 for men and women and having been in the employ of the Township for a minimum of 10 years, employees who are in full disability after five years or more of service, and members of the Township Committee of the Township of Lakewood who serve three complete terms of office, shall be entitled to remain enrolled in any health insurance program available to Township employees at the date of their retirement, by prepaying the estimated annual premium thereon as determined by the Township Treasurer within 30 days of the date of retirement for Township employees and within 30 days of the date of termination of term of office for members of the Township Committee and after entering into an individual contract with the Township which shall be approved by resolution. In any event, the Township shall comply with provisions of COBRA.
Employees who retire after 25 or more years of service with the Township of Lakewood shall be entitled to remain enrolled in any health insurance program available to Township employees at the date of their retirement, upon the completion of the requisite application forms.
Notwithstanding anything contained herein to the contrary, the Township of Lakewood shall assume financial responsibility only for the payment of that amount which would constitute the employee's contribution to the health benefits package. The employee shall assume financial responsibility for the payment of that amount attributable to the enrollment of any family members in said health benefits plan.
[1971 Code § 5-8.4]
An employee may resign from his position by tendering a written resignation to his department director, who in turn shall forward it to the Municipal Manager. Unless there are disciplinary charges pending against the employee, the Municipal Manager shall notify the employee in writing of acceptance of his resignation in good standing. An employee shall give a minimum of two weeks written notice before the effective date of his resignation, and failure to do so may result in loss of vacation and sick credits. Oral resignation shall be considered as binding but not as being a resignation in good standing.
[1971 Code § 5-8.5]
In the event of the involuntary separation of a full-time unclassified employee, the employee shall receive 60 days notice (including accumulated vacation leave), or be compensated at the rate of one day's wages for each day less than the 60 for which notice is required to be given, except in cases of disciplinary dismissal for cause.
[1971 Code § 5-8.6]
Dependent family members of a deceased Township employee with a minimum of one year of continuous service to the Township, shall be entitled to remain enrolled in any health insurance program available to said Township employee on the date of said employee's death by prepaying the estimated annual premium thereon, as determined by the Township Treasurer, within 30 days of the date of death and after entering into an individual contract with the Township which shall be approved by resolution.
Dependent family member is defined as a surviving spouse and any minor child of the deceased Township employee who would be entitled to remain enrolled in said insurance programs, had the employee lived beyond November 1, 1981.
Notwithstanding anything contained herein to the contrary, nothing in this subsection shall be construed to extend benefits to families of Township employees who died prior to November 1, 1981.
[1971 Code § 5-9.1]
The Township normally shall pay its employees on a payroll schedule that is once every week or a total of 52 times annually.
[1971 Code § 5-9.2]
Each payroll period normally shall consist of five working days, so that the daily rate of pay of each employee normally shall be l/260th of said employee's annual salary. The hourly rate shall be computed by dividing the daily rate by the number of hours in the employee's prescribed workday.
[1971 Code § 5-9.3]
Deductions in salary for leave without pay shall be computed on the basis of hourly rate.
[1971 Code § 5-9.4]
Overtime employment and extra work in excess of the established regular hours shall be compensated by compensatory leave to be granted by the department head which shall be taken within six months of the time the extra work was performed; provided that with the recommendation of the Municipal Manager and approval of the Township Committee this period may be extended to one year.
In the event the work of the department does not permit the allowance of compensatory time off, and in the case of an emergency, the Municipal Manager shall recommend to the Township Committee and the appointing authority, payment for such overtime work at the regular hourly rate. Such overtime payment cannot be made in any year for the overtime worked in a previous year, except November and December which may be carried over to January and February of the year following.
[1971 Code § 5-9.5]
Salary increments may be granted to each employee effective January 1 of each year until the employee's salary has reached the maximum salary provided for said employee's position title. No employee, however, shall be granted an annual salary increment until said employee's department director has certified in writing to the Municipal Manager that during the past year the employee's performance and service were such as to make him deserving of an increase, setting forth the basis for such conclusion. In the case of employees who will have served less than one full year as of January 1, the salary increase, if any, to be effective at that time shall be specified by the appointing authority at the time of employment.
[1971 Code § 5-9.6]
Longevity increases shall not be granted to any employee, whether part-time or full-time, hired on or after May 1, 1991.
[1971 Code § 5-9.7]
Longevity rights existing for all Township employees hired prior to May 1, 1991 are not affected by the limitations set forth in Subsection 10-10.6 hereof.
[1971 Code § 5-9A.1; Ord. No. 2004-9 § 1]
All full-time permanent Township employees and members of their immediate family, shall be entitled to hospital, medical and dental benefits in accordance with the terms and provisions of the plans currently in effect.
Effective July 1, 2003, all employees who receive accidental disability pension from the State of New Jersey as the result of an on the job injury as an employee of the Township of Lakewood shall receive medical benefits from the Township to the extent received while employed with the Township as a full-time permanent employee in accordance with the terms and provisions of the medical benefit plans currently in effect.
[Ord. No. 2016-13]
The purpose of this subsection is to permit the waiver of eligible employees healthcare coverage and establish a consideration for the same.
N.J.S.A. 40A:10-17.1 permits a municipality which enters into a contract providing group healthcare benefits to allow employees who are eligible for healthcare coverage to waive that coverage.
All full-time employees who are eligible for other healthcare coverage may waive the municipal healthcare coverage. The compensation for waiving such coverage shall not exceed 25% or $5,000, whichever is less, of the amount saved by the municipality as a result of the employee's waiver of coverage.
The amount so established shall be paid in two installments. The first installment to be paid on June 30th of each year and the second installment to be paid on December 31st of each year. The employee waiving the coverage and seeking the reimbursement or refund will be compensated as set forth above or on a pro rata basis should the employee not be employed for the full six month period.
The waiver must be in writing on a form to be prescribed by the municipality and filed with the Finance Department.
The decision of the Township of Lakewood as set forth herein and the amount of consideration to be paid therefor shall not be subject to the collective bargaining process pursuant to and as set forth in N.J.S.A. 40A:10-17.1
[1971 Code § 5-10.1]
The normal work week of the Township shall be a five day period as follows:
[1971 Code § 5-10.2]
The Municipal Manager or a department head may require any officer or employee to be in attendance for work on any day or days whenever either determines that a public exigency or emergency so requires.
[1971 Code § 5-11.1]
The following official holidays with pay shall be observed by the Township:
New Year's Day.
Martin Luther King's Birthday.
General Election Day.
Post-Thanksgiving Day (Friday).
[1971 Code § 5-11.2]
Each employee shall be entitled to three paid personal days per year in addition to the holidays authorized pursuant to this chapter. These personal days shall be approved by the employee's department head.
[1971 Code § 5-11.3]
Where it is necessary in order to maintain regular service to require an employee to work on an official holiday, such employee, except department heads, shall be compensated by receiving pay at his hourly rate or by being permitted to take compensatory time with pay on a regular working day at a time approved by the appointing authority for each hour worked on the holiday.
[1971 Code § 5-11.4]
In the event that an official holiday is observed during an employee's vacation, said employee shall be entitled to an additional vacation day, and should an official holiday occur while an employee is on sick leave, the employee shall not have that holiday charged against his sick leave.
[1971 Code § 5-11.5]
To be eligible to receive holiday pay an employee shall work the regularly scheduled work day before the holiday and the regularly scheduled work day after the holiday, unless the employee has been excused by said employee's supervisor or unless his supervisor is satisfied that the employee's absence was justified.
[1971 Code § 5-12.1]
All permanent, full-time employees of the Township, whether in the classified or unclassified service, except members of the Police Department, shall be granted annual leave with pay for vacation purposes during each calendar year in accordance with the following schedule, based on length of employment as of date of employment:
All cumulative vacation permitted by New Jersey Department of Personnel regulations shall be counted in satisfaction of the vacations provided for herein and shall not be in addition thereto.
In determining length of service for this purpose, the total years of service of each employee in all capacities shall be added together.
[1971 Code § 5-12.3]
Permanent part-time employees are eligible for vacation leave on a prorated basis. Temporary or seasonal employees shall not be eligible for vacation leave. New probationary and provisional employees shall be entitled to one working day of vacation leave for each month of service.
[1971 Code § 5-12.4; Ord. No. 2013-25]
Township employees, whether part-time or full-time, hired on or after May 1, 1991, should not be permitted to carry over vacation leave beyond that which has been earned in the one year period immediately preceding the date of termination of employment. This is applicable to all employees hired on or after May 1, 1991 regardless of the reason for their termination of employment with the Township. At the time of separation from service for the Township, the employee shall be entitled to be paid for any full days' vacation leave accumulated and not previously used at the rate of the employee's pay at the time of the termination of employment.
[1971 Code § 5-12.5]
Vacations shall be scheduled by the Municipal Manager and department heads so as to cause the least interference with the efficient conduct of Township business. So far as possible, the preference of employees shall be accepted, with the preferences of those employees having seniority given first recognition. Subject to the approval of the appointing authority, vacation leave may be taken from time to time in units of full days.
[1971 Code § 5-13.1; Ord. No. 2012-39; Ord. No. 2016-38]
As used in this subsection, "sick leave" means paid leave that may be granted to each full-time classified and full-time unclassified employee who through sickness or injury becomes incapacitated to a degree that makes it impossible for the employee to perform the duties of his position or who is quarantined by a physician because the employee has been exposed to a contagious disease. Part-time permanent employees are eligible for sick leave on a prorated basis. Part-time and full-time temporary employees are not eligible for sick leave.
Full-time employees shall accumulate sick leave on the basis of 15 days of sick leave per year. In the first year of employment, employees shall be entitled to one day of sick leave for each month of employment.
Sick leave can be accumulated without limit during each employee's length of service. At the time of separation from service, the employee shall be entitled to pay on the basis of 1/2 day per full day of verifiable sick leave accumulated and not previously used. However, in no event shall this amount exceed the sum of $15,000 per employee hired after January 1, 1996.
Accumulated sick leave may be used by an employee for personal illness, illness in the employee's immediate family, (not to exceed five working days in one calendar year without the approval of the Municipal Manager), quarantine restrictions, pregnancy or disabling injuries. The term "immediate family" shall mean and refer only to the employee's spouse, child, parent or brother or sister or any member of the immediate household.
When an employee is absent from work because of illness for more than one day, the employee's supervisor may require the employee to submit a certificate from the employee's physician or the Township Physician relating to the employee's illness. In the case of illness of a chronic or recurring nature causing an employee's periodic or repeated absence for one day or less, the employee's department director may require one medical certificate for every six month period.
Supplemental Sick Leave. The purpose of this subsection is to permit Lakewood Township employees to assist other employees during time of injury of serious illness in cases when all accrued leave time has been exhausted.
Employees shall be permitted to donate their own accrued sick, vacation and/or personal days into a pool of days to be used by other Township employees.
Employees may also make a direct donation to a fellow employee.
Time can be donated at any time during the year by notifying the Manager's office or the Personnel Office.
The donated time shall go into the sick leave bank of each individual collective bargaining unit to be used by bargaining unit employees who are sick or injured.
Requests for donated time shall be made through the Manager's office and shall not be unreasonably withheld.
Applications for use of supplemental leave should include a physician's recommendation that the employee is unable to work and should be submitted to the employee's Department Head. The Department Head will submit the request to the Township Manager who will recommend approval or denial. The approval shall not be unreasonably withheld.
[1971 Code § 5-13.2]
In the event of a death in the immediate family of the employee, the employee shall be entitled to three days leave with pay, or five continuous days if such death occurs outside the State of New Jersey. Such leave shall not be charged against accumulated vacation leave or sick leave. Immediate family shall be defined as: spouse, children, parents, brothers, sisters, brothers-in-law, sisters-in-law, spouse's parents, and grandparents of employee or spouse or the death of a relative who resides with the employee or spouse or with whom the employee resides.
[1971 Code § 15-3.3]
In the event that an employee is unable to report to work due to a weather emergency or civil emergency, the employee may charge the time off to accumulated vacation leave or personal day, provided that the employee provides proper notification to his supervisor.
In the event that an employee wishes to observe a religious or national holiday for which no regular holiday has been declared, the employee may charge the time off to accumulated vacation time, provided that the employee gives proper notification to his supervisor.
[1971 Code § 5-13.4]
When a full-time employee is injured in the line of duty, the employee shall receive those benefits provided by N.J.S.A. 34:15-12.
[1971 Code § 5-13.5]
Maternity leave may be granted for a period of six months provided that the request for such leave is made in writing to the appointed authority no later than the fourth month of pregnancy. This leave may be extended for an additional six months with the approval of the Municipal Manager and the appointing authority. Requests for maternity leave must be favorably endorsed by the Municipal Manager and approved by the appointing authority before becoming effective. If granted, such leave shall be without pay. Under no circumstances shall an employee work beyond the eighth month of pregnancy.
[1971 Code § 5-13.6]
Any permanent employee, part-time or full-time, 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 regular pay for the period of such training as is authorized by law. The paid leave of absence shall be in addition to the employee's vacation. Permanent part-time employees shall receive pay for such leave on a prorated basis.
When a full-time or part-time permanent employee has been called to active duty or inducted into the military or naval forces of the United States, the employee shall be granted an indefinite leave of absence without pay for the duration of the active military service, provided that the employee does not voluntarily extend such service. Each employee shall be reinstated without loss of privileges or seniority provided that the employee reports for duty with the Township within 60 days following his honorable discharge from military service. The employee shall notify the Township of his intent to report for duty 30 days prior to his discharge from military service.
[1971 Code § 5-13.7; Ord. No. 2019-29; amended 10-3-2019 by Ord. No. 2019-44]
Leave without pay may be granted to full-time and part-time permanent employees and to full-time unclassified employees. It shall be granted only when the employee has used his accumulated sick and/or vacation leave in the case of illness, or his vacation leave if leave without pay is requested for reasons other than illness. Requests for leave without pay shall be initiated in writing by the employee. The request shall go the Municipal Manager who may or may not permit it. The Municipal Manager shall give his decision to the employee within 10 days of the employee requesting the leave without pay. Such leave, except for military leave without pay, shall not be approved for a period greater than six months at any one time.
[1971 Code § 5-13.8]
A request for any type of leave shall be made on a form prescribed by the Municipal Manager. 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 service shall not suffer. In the case of sick leave, the employee shall notify his supervisor immediately if he is unable to report to work.
[1971 Code § 5-14.1]
It shall be the policy of the Township to appoint all employees, either classified or unclassified, without regard to political considerations. For the purpose of this section, Township employees are defined to include full-time, temporary, probationary, seasonal or part-time personnel appointed by the Township receiving an annual or hourly reimbursement for their services from the Township.
[1971 Code § 5-14.2]
Municipal employees shall not engage in any political activity during paid municipal hours.
Nothing in this section shall be construed as a prohibition or prevention of any municipal employee from seeking any public office, whether municipal, County, State or Federal.
Any employee running for public office or political position of any kind shall refrain from electioneering from his office or by using his office or any of the personnel thereof. No electioneering shall be done on paid municipal time, nor shall such employee use any municipal grounds or facilities for campaigning, other than in the same manner and to the same degree as used by other candidates for the same office. For example, the municipal employee shall have the freedom to communicate with the other municipal employees or the general public by making speeches on municipal property as shall any other candidate.
No person or group of persons seeking political office or speaking on behalf of persons seeking political office shall be permitted to address groups of municipal workers during the working hours of such municipal workers for the purpose of furthering the campaign or party doctrines of any candidate for public office or political party.
Should any municipal employee be elected to a municipal, County or State or Federal office, said employee shall comply with New Jersey Department of Personnel rules and regulations regarding employees elected to office, and, if not at the time of election subject to New Jersey Department of Personnel, shall take a leave of absence upon taking the oath of office to which said employee is elected, such leave of absence to continue during the terms of the elected office, but in any event no longer than six years. At the end of six years, such leave of absence shall be considered retirement from such position in preference of the elected office.
Employees of the Township shall not directly or indirectly use or seek to use their authority, influence or position to control or modify the political action of another person, except as otherwise provided by law.
No person shall demand or require payment of a contribution to a political party from any Township employee, nor for any candidate in any election or political campaign whatsoever. This, however, shall not be construed to prohibit any municipal employee from making a completely voluntary contribution to any person or political party within the limits otherwise prescribed by law.
[1971 Code § 5-14.3]
Nothing in this section shall be construed to prevent Township employees from becoming or continuing to be members of any political party, club or organization, provided that they do not serve as officers of such party, club or organization. Township employees may attend meetings, express views on political matters during non-working hours and off Township property; circulate petitions on public questions or vote with complete freedom in any election.
[1971 Code § 5-16]
Full-time employees in either the classified or unclassified service shall not accept outside employment or engage in outside business activities without the prior approval of the Municipal Manager. Applications for permission to accept outside employment shall be made in writing to the Municipal Manager. The application shall set forth pertinent information concerning the type of activity to be engaged in, the name and address of the prospective employer, and the hours of such employment.
No application for permission to accept outside employment shall be approved by the Municipal Manager if in the Municipal Manager's judgment there is any reasonable probability that such outside employment will interfere with the employee's performance or compromise the employee's position with the Township through a conflict of interest or if such employment shall exceed 20 hours per week.
[1971 Code § 5-17.1]
A permanent employee may be dismissed from the service or demoted for cause. The causes sufficient for removal from the service shall include, but not be limited to the following:
Neglect of duty.
Absence without leave or failure to report after authorized leave has expired or after such leave has been disapproved or revoked; provided, however, that any regular member or officer of the Police Department or Fire Department who is absent from duty without a just cause for a term of five days continuously and without leave of absence shall at the expiration of such five days cease to be a member of the Police Department as provided by N.J.S.A. 40:47-3, as amended.
Incompetency, inefficiency or incapacity due to mental or physical disability.
Insubordination or serious breach of discipline.
Intoxication while on duty.
Commission of a criminal act.
Participating in any political activity prohibited by this chapter.
Disobedience of the departmental rules and regulations established pursuant to this Code.
Conduct unbecoming a public employee.
[1971 Code § 5-17.2]
When in the opinion of the Municipal Manager after consultation with the appointing authority, an employee's performance or conduct justifies disciplinary action short of dismissal, the appointing authority may suspend, fine or furlough the employee without pay or with reduced pay.
An employee who is suspended, fined or demoted more than three times in any one year, or more than five days at any one time, or for a period of more than 15 days in the aggregate in any calendar year shall have the right of appeal to NJDOP which shall have the power to revoke or modify the action of the appointing authority. In unusual circumstances where the safety or welfare of the employee or others is threatened, the Municipal Manager or appointing authority may temporarily suspend the employee pending formal action by the appointing authority.
[1971 Code § 5-18.1]
It is the policy of the Township of Lakewood that the Township or its agents shall not discriminate regarding race, creed, color, gender, religion, national origin or disability in admission to, access to or operations of its programs, services and activities including hiring and employment practices. It is the Township's policy that every citizen and employee be treated fairly, courteously and with respect at all times. Conversely, citizens are expected to treat each other and employees in the same fashion. Likewise, each employee is expected to accord the same treatment to associates, supervisors and citizens.
Introduction. The grievance is established to provide a forum for any employee, lacking an alternative forum, and any citizen to seek redress for alleged discrimination or violation of any other element of the policy set forth above.
Grievance. Grievance is defined as a complaint by a citizen or employee that said person's rights under said policy have been violated.
In order for a grievance to be considered, it must be submitted in writing and comply with the following criteria:
It shall set forth the name, address and telephone number of the grievant, the party allegedly aggrieved.
It shall set forth the date of the occurrence or event giving rise to the grievance.
It shall state the specific provision(s) of any ordinance, statute or administrative code or administrative order which forms the basis of the grievance.
It shall set forth the specific relief sought.
Alternative means of filing complaints will be made available to persons with disabilities.
[1971 Code § 5-18.2; Ord. No. 98-57]
The grievant shall submit the grievance to the appropriate party no later than 30 calendar days following the event which gave rise to the grievance. The appropriate party shall be one of the following:
If the grievance is not satisfactorily adjusted, within five calendar days following a decision in a., the grievance shall be presented in writing to the Municipal Manager or his designee by the aggrieved party. The Municipal Manager or his designee shall, upon receipt of the grievance, designate a time within 15 calendar days for discussion or a hearing of the grievance with any affected party. The decision rendered shall be final and binding upon the parties.
[1971 Code § 5-18.5]
If any section, subsection, part, clause or phrase of this section shall be declared invalid by judgment of any Court of competent jurisdiction, such section, subsection, part, clause or phrase shall be deemed to be severable from the remainder of this section.
[1971 Code § 5-18]
The Township of Lakewood expressly prohibits any form of sexual harassment in the workplace. Improper interference with the ability of employees to perform their designated duties will not be tolerated. All employees have a right to work in an environment free of discrimination which includes freedom from sexual harassment, in any form, and states that all employees at all levels of the Township of Lakewood must refrain from offensive or inappropriate sexual and/or sexually harassing behavior in the workplace. All employees at all levels of the Township of Lakewood will be held responsible for insuring that the workplace is free from sexual harassment.
Supervisory Responsibility. Each department head/supervisor is responsible for creating an atmosphere free of sexual harassment and to promptly investigate complaints and take corrective action on any such complaints, as warranted. Township employees must bear the responsibility for respecting the rights of their co-workers.
Definitions. As used in this subsection, the following words and phrases shall have these accompanying specific definitions:
CHARGED PARTY - Shall mean any person, including a Township employee, against whom a charge of sexual harassment is filed.
COMPLAINANT - Shall mean any Township employee who brings or files a charge of sexual harassment.
HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENT - Shall mean a factual finding by the Municipal Manager or his appointed designee that a charged party has committed an offense or offenses rising to the level of sexual harassment, to wit: Whereby (1) the complained of conduct would not have occurred but for the complainant's gender; and (2) it was severe or pervasive enough to make any reasonable woman (if the complainant is female, or a reasonable man, if the complainant is male) believe that (3) the conditions of employment are altered and the working environment is hostile or abusive.
INVESTIGATOR - Shall mean the person supervising or administering the investigation regarding a sexual harassment complaint or complaints. The respective department head of each complainant is herewith designated the investigator of that particular complainant's informal complaint. The Municipal Manager or his appointed designee is herewith designated as the investigator of all formal complaints.
QUID PRO QUO SEXUAL HARASSMENT - Shall mean a factual finding by the Municipal Manager or his appointed designee that a charged party has committed an offense or offenses arising to the level of quid pro quo sexual harassment, which shall be deemed to occur when an employer attempts to make an employee's submission to sexual demands a condition of his or her employment. Quid pro quo sexual harassment involves an implicit or explicit threat that if the employee does not accede to the sexual demands of the employer, the employee, be it male or female, will lose his or her job, receive unfavorable performance reviews, be passed over for promotions, or suffer other adverse employment consequences.
RETALIATION - Shall mean any act of any Township official, department or division head or employee taken to punish, discourage or intimidate those persons who have or may either become a complainant or those persons who have or may assist in the investigation of any sexual harassment complaint.
SEXUAL HARASSMENT - Shall include the following:
Any unwelcome sexual advances, requests for sexual favors and other verbal and physical conduct of a sexual nature when:
Submission to such conduct is made either explicitly or implicitly a term or condition of a person's employment; or
Submission to or rejection of such conduct by a person is used as a basis for employment decisions affecting that person; or
Such conduct has the purpose or effect of unreasonably interfering with a person's work performance; or
Such conduct creates an intimidating, unpleasant or offensive work environment.
Hostile work environment sexual harassment; and
Quid pro quo sexual harassment.
Who May File. Any Township employee who believes that they have been a victim of sexual harassment or who has witnessed an act or acts of sexual harassment against a fellow employee with the Township may file a complaint alleging sexual harassment.
A complaint alleging sexual harassment must first be made verbally to an employee's department head, regardless of the work assignment/department of the charged party. The complainant's department head is responsible for investigating informal charges and arranging a mutually satisfactory disposition of the complaint within five days of its presentation, or at a mutually agreed upon time.
If the complainant is informed by his department head that the department head is unable, within the confines of the discretion permitted said department head to arrange a mutually satisfactory disposition of the complaint, the complainant may file a formal written complaint. If the complaint of sexual harassment involves the complainant's division/department head, the formal complaint procedures as set forth hereinbelow may be immediately instituted by the complainant.
Any filing of a complaint to a person other than the complainant's division/department head or the Municipal Manager or the Municipal Manager's appointed designee must be accompanied by the sworn statement of the complainant that the persons to whom the complaint should otherwise have been directed cannot, in the mind of the complainant, be objective about the sexual harassment charge or charges the complainant desires to file.
A formal complaint of sexual harassment must first be filed by the above-referenced individuals with the Municipal Manager or said official's appointed designee. If, pursuant to Subsection 10-19.4c2(c) hereof, the complaint cannot be filed with the Municipal Manager or said official's appointed designee, said complaint shall next be filed with the Mayor of the Township. If the complainant cannot file his complaint with any Township official as set forth hereinabove, the complaint must then be filed with the Office of the Attorney General, representing the New Jersey Division on Civil Rights.
Contents of Filing. The filed complaint must include the following information:
The name, department and position or title of the complainant;
The name, department and position or title of the charged party;
The nature and circumstances, set forth 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 alleged;
Whether such harassment has been previously reported to a supervisor or other persons, and if so, the dates of reporting and identity of the party or parties to whom such harassment has previously been reported.
Nothing in this section shall prevent the complainant from providing other information or documentation they believe is essential to the fair adjudication of their case.
The filing of an informal complaint may be made orally. A formal complaint must be in writing deemed accurate and signed by the complainant prior to its submission to the Municipal Manager or said official's appointed designee.
Investigation of Filed Formal Complaint. A formal complaint of sexual harassment shall be investigated pursuant to the following regulations:
The Municipal Manager or said official's appointed designee (if the claim involves the Municipal Manager, or if the complainant has declared the apparent non-objectivity of the Municipal Manager), shall be responsible for the prompt and thorough investigation of each filed formal complaint.
The investigation shall commence and be completed within 20 business days of the receipt of the complaint by the Municipal Manager or said official's appointed designee.
It shall be the duty of the individual responsible for the investigation to:
Interview the complainant in detail;
Interview all potential witnesses, including those who may have knowledge of similar incidents;
Interview the charged party in detail;
Review municipal files for similar incidents involving the complainant and the charged party; and
Assess the presence or absence of corroborative evidence for either party.
Nothing in this section shall be deemed to limit or prevent the Municipal Manager or said official's appointed designee from pursuing other unspecified avenues of investigation which the investigator believes is/are essential to a comprehensive investigation of the filed formal complaint.
Hearing Procedures Upon Formal Written Charges. There shall be a disciplinary hearing upon the filing of formal written charges by the municipality, pursuant to the following rules:
Within 35 business days of the completion of the investigation by the Municipal Manager or said official's appointed designee, the Municipal Manager or said official's appointed designee shall convene and preside at a disciplinary hearing in order to determine the merits of the allegation(s) of sexual harassment.
The hearing shall be tape recorded. A transcript of the proceedings may be requested by the charged party or by the complainant. The party requesting the transcript must bear the expense for transcription and/or reproduction of the proceedings.
The charged party shall be notified in writing of the hearing date at least 30 days before the hearing and provided with a copy of the complaint and appropriate disciplinary forms pursuant to Civil Service Regulations.
The charged party shall be entitled to request one postponement in order to obtain legal counsel. In no event, however, shall the hearing on the charge(s) occur more than 35 days after the completion of the investigation as described hereinabove.
The hearing shall be deemed informal in nature although the charged party shall be entitled to state all defenses, present relevant evidence, call witnesses on their behalf, and confront all witnesses against them, including the complainant. Should the complainant fail to appear at the hearing, the charged party shall be entitled to have the complaint dismissed.
The hearing shall occur only in the presence of the Township Attorney or other designated legal counsel who shall participate in such hearings in order to assure confidentiality, resolve disputes concerning the introduction of evidence and prepare a complete and accurate record.
The Municipal Manager or said official's appointed designee shall render a written determination as to the guilt or innocence of the charged party within 10 business days of the hearing. If the Municipal Manager or said official's appointed designee determines that the charged party is guilty, the Municipal Manager or said official's appointed designee shall recommend appropriate remedial action to be imposed on the charged party.
Where the charged party is found not guilty of the alleged sexual harassment, or the evidence is so inconclusive as to make a determination as to whether acts of sexual harassment occurred impossible, the Municipal Manager or said official's appointed designee shall notify all parties that it has reached such a decision.
The Municipal Manager shall maintain a complete file of all documents received in reference to any complaint for a period of not less than five years from the date of the final decision.
If filed informal or formal charges of sexual harassment involve the Municipal Manager, the Mayor and/or Municipal Attorney shall investigate said charges and preside at the disciplinary hearing therefor if applicable.
Standards for Determination of Guilt. The Municipal Manager or said official's appointed designee shall determine that the charged party is not guilty of the offense of sexual harassment unless, based upon the testimony elicited and/or documentation provided at the time of hearing, substantial, credible evidence supports the conclusion that:
Remedial Action. The Municipal Manager or said official's appointed designee shall be permitted to impose the following penalties or conditions of employment upon a Township employee found to have committed the offense of sexual harassment. These remedies, as listed, are not to be cumulative in any manner:
Discharge or demotion;
Suspension or written reprimand which shall become a permanent part of the guilty employee' s employment file;
Transfer of the guilty party;
Require the guilty employee to undergo psychological therapy at his/her expense; and
Re-issue to the guilty employee the policy statement of the Township of Lakewood against sexual harassment.
Prevention of Sexual Harassment in the Workplace; Dissemination of the Township Policy Prohibiting Sexual Harassment. The Municipal Manager shall be obligated to perform the following tasks:
Post in at least two or more prominent locations within the municipal building and all other municipal facilities the document entitled "Policy Prohibiting Sexual Harassment in the Workplace for the Township of Lakewood";
Provide to all current employees of the Township of Lakewood a true and complete copy of this subsection and policy within 30 days of its effective date; obtain from all Township employees a written certification that each employee has received a copy of the subsection and policy; and permanently maintain this certification in each employee' s personnel file;
Provide to all persons hired as employees of the Township of Lakewood subsequent to the effective date of this subsection and policy a true and complete copy of same at the time of their appointment/hire date; maintain the integrity of the certification process for the aforesaid new hires as detailed in Subsection 10-19.4i2 hereinabove;
Issue a memorandum to all Township employees on or about January 1 of the calendar year following the adoption of this subsection and each January 1 thereafter concerning the policy of the Township prohibiting sexual harassment in the workplace;
Discuss the policy prohibiting sexual harassment in the workplace during any new employee orientation meetings, seminars or training sessions held subsequent to the effective adoption date of this subsection and policy.
Periodic Training of Township Employees Regarding Sexual Harassment. All department/division heads and supervisory employees of the Township of Lakewood shall undergo training, in one or more sessions, with a person trained to lead or implement such training, said training to include a detailed discussion of the following:
The procedures for the filing of a sexual harassment charge or charges as outlined in this subsection;
The specifics of "quid pro quo" sexual harassment and "hostile work environment" sexual harassment and the differences between the two types;
The components of "unwelcome" conduct;
The proper method of insuring a complete and prompt investigation of sexual harassment charges and/or complaints;
Management's obligations regarding harassment of which it is aware, or, alternatively, of which it should be aware;
Procedures to be implemented to insure the confidential nature of information gathered during an investigation;
The manner in which the interests of both the charged party and the complainant can be balanced;
The above-described personnel shall be required to undergo this training on or before January 1 of the calendar year subsequent to the adoption of this subsection and policy and every three years thereafter;
All other employees of the Township of Lakewood shall be offered the opportunity to voluntarily undergo training led by persons trained to lead such sessions, to raise their awareness and understanding of the consequences of their behavior and reduce confusion about which actions or conduct is/are acceptable and which is/are not. These employees shall be offered this opportunity to undergo this voluntary training on or before January 1 of the calendar year following the adoption of this subsection and every five year(s) thereafter.
Applicability of this Subsection to Non-Employees of the Township of Lakewood. Non-employees of the Township of Lakewood, including but not limited to, those interacting with Township employees as vendors of goods and services, independent contractors, substitute or temporary workers or fill-ins, shall also be subject to each and every term of this subsection should it be alleged by a complainant that they committed an act or conducted themselves in such a way as to commit the offense of sexual harassment.
There will be no retaliation against employees for reporting sexual harassment or assisting the Township of Lakewood in the investigation of a complaint alleging sexual harassment. However, if after investigating any complaint of harassment or unlawful discrimination, the Township of Lakewood discovers that the complaint is not bona fide or that an employee has provided false information regarding the complaint, disciplinary action may be taken against the individual who provided false information. Because 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 result in a level of punishment appropriate for persons actually engaging in such behavior.
A person who knowingly and/or recklessly fails to give truthful statements and/or testimony during the course of the investigation and/or at the time of any hearing, shall also be guilty of having made false accusations.
Monitoring and Evaluation of Subsection/Policy Provisions.
The Municipal Manager or said official's appointed designee shall monitor the efficacy of the Township's ordinance and policy prohibiting sexual harassment on a constant basis subsequent to the adoption date thereof.
On or before January 1 of the calendar year following the adoption of said ordinance and policy, and every two years thereafter, the Municipal Manager or said official's appointed designee shall supply a written evaluation of the procedures and policies implemented by the aforesaid ordinance and policy to the governing body (and shall, if necessary, propose appropriate modifications thereto) in order to ensure:
The permanent prohibition of any form of sexual harassment in the workplace;
That each division/department head and all supervisory personnel have discharged their responsibilities in creating an atmosphere free of sexual harassment;
That all informal and formal complaints of sexual harassment are promptly and thoroughly investigated;
That hearing procedures are scrupulously adhered to;
That standards determining guilt are stringently enforced;
That remedial action is imposed immediately upon a finding of guilt;
That the policy prohibiting sexual harassment is distributed to Township employees, and that all Township employees complete a certification pursuant to Subsections 10-19.4i2 and i3 hereof;
That the follow-up memorandum from the Municipal Manager or appointed designee is properly and promptly distributed pursuant to Subsection 10-19.4i4 hereof;
That discussion of the Township's policy prohibiting sexual harassment is the subject of any employee forum, in-service training session, seminar or orientation program pursuant to Subsection 10-19.4i5 hereof;
That all division/department heads and supervisory employees satisfy the mandatory training provisions of Subsection 10-19.4j hereof, and that all other employees have the opportunity to undergo such training pursuant to Subsection 10-19.4j10 hereof;
That non-employees of the Township of Lakewood adhere to the Township's policy prohibiting sexual harassment;
That there will be no retaliation against employees for reporting sexual harassment or assisting in the investigation of a complaint alleging sexual harassment.
Policy Prohibiting Sexual Harassment in the Workplace for the Township of Lakewood.
It is the policy of the Township of Lakewood that all of its employees have a right to a workplace free of all discrimination, including sexual discrimination. The Township Committee and the Township Administration strongly disapprove of sexual harassment of its employees in any form and states that all employees at all levels of the Township will be held responsible for insuring that this workplace is free of such harassment.
Sexual harassment may include, but is not limited to, the following activities and/or behavior, which are specifically and strictly prohibited in the Township of Lakewood.
Unwelcome sexual advances, such as offensive sexual flirtations, repeated requests for dates or love letters after rejection of overtures;
Discussing sexual activity;
Repeated remarks to a person with sexual or demeaning implications;
Unwelcomed intentional touching, such as patting, pinching, fondling or brushing against another's body;
Requests for sexual acts or favors with or without accompanying promises or threats or reciprocal favors or actions relating to employment;
Other verbal or physical conduct of a sexual nature made to any employee which states or suggests a connection between the response of the recipient of that conduct and that person's terms of employment with the Township;
Any verbal or physical conduct which has the purpose or effect of substantially interfering with another employee's ability to perform their job;
Any verbal or physical conduct that has the purpose or effect of creating an intimidating, hostile or abusive work environment;
Any verbal or physical conduct which would not have occurred but for the sex of the individual to whom it is directed;
Posting or circulation of offensive or suggestive books, photos, cartoons or pictures, or remarks about another' s body, whether or not the individual about whom the comments have been made is an employee of the Township;
The use of offensive words directed at a specific gender, group or race;
Practical jokes about gender-specific traits.
Such Conduct May Result in a Disciplinary Action and Subject the Offending Party to Dismissal.
Employees who have complaints of sexual harassment against anyone at work, including any supervisors, co-employees, nonemployees pursuant to Subsection 10-19.4k hereof, or visitors, or who witness acts of sexual harassment committed against other Township employees are urged to immediately report such conduct pursuant to the Ordinance Prohibiting Sexual Harassment annexed hereto and made a part hereof, in order to ensure a prompt investigation.
Employees should normally bring the complaint to the attention of their direct supervisor pursuant to the above-referenced ordinance. However, if doing so would, for whatever reason, make them uncomfortable, the employee should bring the complaint to the attention of the Municipal Manager or the Mayor, as the circumstances of the complaint dictate.
The Township shall investigate all complaints in a complete, impartial and prompt manner. All investigations will be supervised by the Township Attorney or other legal counsel where circumstances so dictate.
The Township shall make every effort to maintain the confidentiality of the information gathered during the course of a sexual harassment investigation. However, because an allegation of sexual harassment is a very serious matter for all concerned, and will not be taken lightly by this Township, should the Township learn that a complaint is not bona fide or that an employee provided false information, that employee will be subject to disciplinary action.
[1971 Code § 5-19]
The Municipal Manager shall provide that adequate personnel records are maintained for each employee of the Township. Such records shall include dates of appointments and promotions, job titles, salaries, commendations, disciplinary actions, leave of any type taken and accumulated, merit ratings, and any appropriate additional information.
[1971 Code § 5-20]
The Municipal Manager may schedule medical examinations for any and all Township employees annually, or more frequently if required.
[1971 Code § 5-21.1]
The responsibility for the development of training programs shall be assumed jointly by the Municipal Manager and the department heads subject to the approval of the Township Committee. Such training programs shall include lectures, demonstrations, assignment of reading matter, or other methods as those responsible may deem to be desirable.
[Code § 5-21.2]
The Township may assume tuition cost of training courses taken by the employees of the Township which, on recommendation of the Municipal Manager and with the approval of the Township Committee, are deemed to be of benefit to the employee and the Township. Such training programs shall be taken on the employee's own time, unless otherwise recommended by the Township Manager and approved by the Township Committee.
[Code § 5-21.3]
Successful completion of special training courses shall be filed with the employee's personnel record and may be considered toward said employee's advancement or promotions in the future.
[1971 Code § 5-22.1]
Every officer or employee of the Township who by virtue of his office or position is entrusted with the receipt, custody or expenditure of public moneys or funds, and any other officer or employee who may be required to do so by the Township Committee shall, before entering upon the duties of his office or position, execute and deliver a surety bond in such amount as may be fixed by the Township Committee, binding him to the Township in its corporate name and conditioned upon the true and faithful performance of the employee's duty. Each officer or employee required by law to give bond shall execute such bond with sufficient surety and deliver the same to the Municipal Clerk, except that the Municipal Clerk shall deliver his own bond to the Township Treasurer, before the Municipal Clerk enters upon the discharge of his duties of the office or employment.
[1971 Code § 5-22.2]
If any officer or employee shall neglect to execute and deliver his bond as herein required within 30 days after due notification of his election or appointment, said officer's or employee's office or position may be declared vacant by the Township Committee.
[1971 Code § 5-22.3]
In every case in which any person is required by the laws of the State or by any ordinance of the Township to give a bond for the faithful performance of his duties, such bond shall be secured by a corporate surety authorized to do business in this State and the premium therefor shall be paid by the Township. Each such bond shall be approved by the Township Attorney as to form and sufficiency, and nothing in this section shall be construed to prevent the use of one or more blanket bonds when so approved.
[1971 Code § 5-23.1]
The Township of Lakewood has a legal obligation and vital interest in maintaining a safe and efficient workplace for its employees and a safe community for its citizens. Employees using, or under the influence of alcohol or illegal drugs while on duty cannot satisfactorily perform their duties. Such employees threaten the safety and well-being of their coworkers and the public. Additionally, the Drug Free Workplace Act of 1988 (41 U.S.C. § 702 et seq.) and U.S. Department of Transportation (hereinafter referred to as "the USDOT") Regulations (49 CFR Part 40) require the Township to maintain a drug and alcohol-free workplace and to conduct alcohol and drug testing in certain circumstances.
The purpose of this section is to establish uniform standards for pre-employment and employment drug and alcohol testing and to ensure confidentiality, reliability, and fairness in drug and alcohol testing.
The Township recognizes that a healthy and productive workforce, safe working conditions free from the effects of drugs and alcohol, and maintenance of the quality of services rendered in this Township is important to the Township, its employees, and the general public. The Township further recognizes that the abuse of drugs and alcohol creates a variety of workplace problems, including increased injuries on the job, increased absenteeism, an increased financial burden on health and benefit programs, increased workplace theft, decreased employee morale, decreased productivity, and a decline in the quality of services.
Additionally, certain drug and alcohol testing procedures are necessary to protect persons participating in workplace drug and alcohol testing programs.
Therefore, in balancing the interests of the Township, its employees and the welfare of the general public, the Township Committee concludes that fair and accurate testing for drugs and alcohol in the workplace is in the best interests of all. Accordingly, the following regulations are intended to establish and govern a drug-free workplace and regulate the possession and use of alcoholic beverages and drugs, and shall include pre-employment, random, post-accident, return-to-duty and follow-up testing for drugs and alcohol.
[1971 Code § 5-23.2]
As used in this section:
- Shall mean any fluid having an alcohol content of more than five-tenths (0.05%) percent including, but not limited to, beer, ale, wine and distilled liquors. "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol, hydrated oxide of ethyl or other low-molecular weight alcohols including methyl and isopropyl alcohol from whatever source or by whatever process produced.
- ALCOHOL CONCENTRATION (OR CONTENT)
- Shall mean the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test.
- ALCOHOL USE
- Shall mean the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol.
- ALCOHOLIC BEVERAGE
- Shall mean any fluid or solid capable of being converted into a fluid, suitable for human consumption, and having an alcohol content of more than one-half of one percent by volume.
- COMMERCIAL MOTOR VEHICLE
- Shall mean a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
- a. Has a gross combination weight rating of 26,000 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or
- b. Has a gross vehicle weight rating of 26,000 or more pounds; or
- c. Is designed to transport 16 or more passengers, including the driver, or transports hazardous materials.
- CONFIRMATION TEST.
- For alcohol testing, Shall mean a second test, following a screening test with a result of 0.02 or greater, that provides quantitative date of alcohol concentration. For drug testing, "confirmation test" shall mean a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screening test and which uses a different technique and chemical principle from that of the screening test in order to ensure reliability and accuracy. Gas chromatography/mass spectrometry (GC/MS) shall be the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine.
- DIAGNOSIS/TREATMENT SPECIALIST (HEREINAFTER REFERRED TO AS "DTS")
- Shall mean a licensed physician or a licensed certified psychologist, social worker, employee assistance professional, or addiction counselor with knowledge of, and clinical experience in, the diagnosis and treatment of alcohol and drug-abuse and related disorders.
- Shall mean any Township employee who is required to hold a commercial driver's license (hereinafter referred to as "CDL") in the State of New Jersey or any Township employee who operates a commercial or municipal motor vehicle while on duty. This includes, but is not limited to: full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed by, or under lease to, an employer, or who operate a commercial or municipal motor vehicle at the direction, or with the consent of, an employer. For the purposes of pre-employment/pre-duty testing only, the term "driver" includes a person applying to an employer to drive a commercial or municipal motor vehicle.
- DRUG ABUSE
- Shall mean illegal drugs and/or the misuse of prescription or non-prescription drugs.
- DRUG PARAPHERNALIA
- Shall mean any material or equipment used or designed for the testing, packaging, storing or use of a CDS.
- Shall mean mind and behavior altering substances as defined by the Controlled Dangerous Substance Act, 21 U.S.C. § 812 (schedule I-V) and N.J.S.A. 24:21-1, et seq. and analogous substances designed to produce an effect substantially similar to that of a controlled dangerous substance (hereinafter referred to as "CDS").
- Shall mean a person, independent contractor or person hired by an independent contractor who performs services for the Township. The term "employee" shall also include the term "driver".
- Shall mean the Township of Lakewood and includes its agents, officers and representatives.
- ILLEGAL DRUGS
- Shall mean any substance for which the possession, sale, distribution, manufacture, or use by unlicensed persons is prohibited by law, but not when used pursuant to a valid prescription or when used as otherwise authorized by law.
- JOB APPLICANT
- Shall mean a person, independent contractor or person hired by an independent contractor who applies to become an employee of the Township.
- MEDICAL REVIEW OFFICER (HEREINAFTER REFERRED TO AS "MRO")
- Shall mean a licensed physician responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance-abuse disorders and has appropriate medical training to interpret and evaluate an individual's positive test result together with his medical history and any other relevant biomedical information.
- MUNICIPAL VEHICLE
- Shall mean any vehicle with "municipal" license plates or registered to the Township.
- Shall mean the Township of Lakewood.
- NON-PRESCRIPTION DRUG
- Shall mean substances that are not legally controlled and are available without a medical prescription, but which, when improperly or inappropriately used, may hamper the ability to perform assigned duties or impair judgment, alertness, or any other physical, emotional, and mental capacities.
- Shall mean, for the purposes of this section, an employee, unless absent, is on-duty during their scheduled shift and during such additional times when the employee is working at the direction of the Township.
- PERFORMING A SAFETY-SENSITIVE FUNCTION
- Shall mean an employee is considered to be performing a safety-sensitive function during any period in which the employee is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions, specifically including driving a commercial or municipal motor vehicle.
- Shall mean and include having a specified item, substance or article on one's person, in a locker assigned to an individual, or in a personal or municipal vehicle used by an individual.
- PRESCRIPTION DRUGS
- Shall mean controlled and noncontrolled substances for which possession and use are legal when prescribed by licensed medical personnel.
- PRESCRIPTION/NON-PRESCRIPTION DRUG MISUSE
- Shall mean the overuse or inappropriate use of any prescription or non-prescription medication, and includes the ingestion of substances specifically prescribed for another individual.
- REASONABLE SUSPICION
- Shall mean an articulable belief based on specific objective facts and reasonable inferences drawn from those facts. Reasonable suspicion of alcohol and/or drug abuse or misuse is based upon behavioral and performance factors which include, but are not limited to, decrease in work performance level, willful misconduct, excessive absenteeism and tardiness, citizen complaints, excessive use of sick leave, acts of negligence causing injuries or accidents, poor traffic safety record, and other documented and supportable reasons.
- REFUSAL TO SUBMIT TO AN ALCOHOL OR BLOOD TEST
- Shall mean that an employee:
- a. Fails to provide adequate breath for testing without a valid medical explanation after the employee has received notice of the requirement for breath testing in accordance with the provision of this policy; and/or
- b. Fails to provide adequate urine for controlled substances testing without a valid medical explanation after the employee has received notice of the requirement for urine testing in accordance with the provisions of this policy; and/or
- c. Engages in conduct that obstructs any stage of the testing process, which conduct includes, but is not limited to, tampering with, contaminating, altering and/or substituting, any test sample.
- SCREENING TEST (ALSO KNOWN AS INITIAL TEST).
- In alcohol testing, "screening test" shall mean an analytical procedure to determine whether a driver may have prohibited concentration of alcohol in his system. In drug testing, "screening test" shall mean an immunoassay screen to eliminate "negative" urine specimens from further consideration.
- For department heads, "supervisor" shall mean the Municipal Manager or his appointed designee. For all other employees, "supervisor" means their respective department head (and/or the department head's appointed designee) as defined in the Revised General Ordinances of the Township of Lakewood.
- UNDER THE INFLUENCE
- Shall mean the detected presence of a drug or alcohol in an individual's system at or above the level of a positive test result. An employee shall be deemed to be "under the influence" of alcohol if that employee's blood alcohol concentration (hereinafter referred to as "BAC") is found to be 0.04% or more by weight of alcohol in the employee's blood as measured by a Breathalyzer test. Any employee whose urine is found to have any detectable level of drugs shall be deemed to be "under the influence" of drugs.
- Shall mean any site where work is being performed by an on-duty Township employee on behalf of the Township, including, but not limited to, Township facilities, commercial or municipal vehicles and any job site.
[1971 Code § 5-23.3]
All employees who hold or are required to hold a CDL in the State of New Jersey and who may be required to drive a commercial or municipal vehicle during the course of their employment with the Township are subject to pre-employment, reasonable suspicion, post-accident, return-to-work and random testing pursuant to this policy and pursuant to 49 CFR 382 et seq.
All sworn Police Officers are subject to alcohol and drug testing as required by the New Jersey Attorney General's Drug Testing Guidelines. Said guidelines also provide for testing circumstances/occasions and procedures for sworn Police personnel.
All other Township employees are subject to pre-employment, post-accident, reasonable suspicion, and return-to-work testing pursuant to this policy.
Job applicants are subject to pre-employment testing.
[1971 Code § 5-23.4]
The Township may conduct the specified drug/alcohol tests on employees in the various groups defined in Subsection 10-24.3 hereinabove under the following circumstances:
Prior to Employment. Drug screening shall be required of all persons who receive pre-employment physicals.
After an Accident or Injury. Drug/alcohol testing shall be required where the circumstances indicate an impairment may have contributed to the accident. When in doubt, supervisors shall require post-accident testing of the employee(s) involved.
Upon Reasonable Suspicion that an Individual Is Under the Influence of Drugs and/or Alcohol. Supervisors who have been trained in the recognition of the signs and symptoms of drug and alcohol use shall require drug and/or alcohol testing when said supervisor has individualized reasonable suspicion that an employee is under the influence of drugs and/or alcohol. The supervisor(s) shall document the circumstances which constitute the basis for their determination of the existence of reasonable suspicion, including, but not limited to:
A pattern of abnormal or erratic behavior including, but not limited to, fighting, confrontational behavior, insubordination, poor or declining work performance, excessive use of sick leave or a pattern of sick leave use, tardiness;
Direct observation of drug and/or alcohol possession or use;
Observation of symptoms of drug and/or alcohol use, including possession of drug paraphernalia;
Information obtained from another person whom the supervisor believes to have personal knowledge about the individual's drug and/or alcohol use and whom the supervisor believes to be reliable.
Upon Return-to-Work after Previous Infractions. Employees who have been convicted of a criminal offense involving drugs and/or alcohol, who have been disciplined for matters involving drugs and/or alcohol, or who voluntarily admit to an alcohol and/or drug-abuse problem, and who have been permitted to return to work in any job title, shall submit to unannounced drug and/or alcohol tests for up to 60 months following their return to duty. All return to work drug testing is done at the employee's expense.
Random tests shall occur at unpredictable dates and times during the year. The selection of the individuals to be tested shall be random from among employees who have a CDL or who drive commercial or municipal vehicles while on duty.
The Municipal Manager or his appointed designee may employ such methods and procedures as he deems necessary to insure that the random selection process is maintained.
All random alcohol and drug tests shall be unannounced.
If a driver or other employee is selected for a random alcohol and/or drug test, he shall proceed to the test site immediately.
Upon notification of selection, the employee will report to the designated collection center within one hour of notification. Failure to report will be viewed as an attempt to elude the test or alter its results and could result in disciplinary action up to and including termination.
[1971 Code § 5-23.5]
Drug and alcohol test specimens shall be collected, analyzed and the results thereof shall be reported to the Township in accordance with the rules established by the USDOT which provide for the method of specimen collection, chain of custody, analysis and confirmatory tests by a U.S. Department of Health and Human Services (hereinafter referred to as "DHHS") certified laboratory, the interpretation of the results by a MRO, and referral to a DTS, if appropriate.
In addition to the USDOT rules, these additional procedures are established for post-accident and reasonable-suspicion testing:
Post-Accident Testing Procedures. As soon as practicable following an accident, all employees involved shall be tested if:
The employee was performing a safety-sensitive function with respect to the vehicle, equipment or tool, and a supervisor believes the actions of the employee may have contributed to the accident; or
The employee receives a police-issued citation (summons) under State law or Township ordinance for a moving traffic violation arising from the accident.
Alcohol and Drug Tests.
An alcohol test required by this policy shall in all possible instances be administered within the two hours immediately following the accident. If an alcohol test cannot be administered within the two hours immediately following the accident, the alcohol test shall be administered within the eight hours immediately following the accident or as soon as practicable after the accident.
A test for drugs required by this policy shall in all possible instances be administered within the 32 hours immediately following the accident.
A driver or other employee who is subject to post-accident testing shall remain available for such testing or may be deemed by the employer or supervisor to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver or other employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.
Reasonable Suspicion Testing Procedures.
An employee shall submit to alcohol and/or drug testing when the employer or supervisor has reasonable suspicion to believe that the employee is under the influence of alcohol and/or drugs or has otherwise violated this policy. The supervisor's determination that there is reasonable suspicion to require the employee to undergo an alcohol and/or drug test shall be based on the standard detailed in Subsection 10-24.3 of this policy.
The required observations for alcohol and/or drug reasonable suspicion testing shall be made by a supervisor. The person who makes the determination that reasonable suspicion exists to conduct a test shall not conduct the alcohol and/or drug test.
The employee will report to the designated collection center within one hour of notification. Until such time as alcohol and/or drug tests can be performed, no employee shall report for duty or remain on duty while the employee is, or is reasonably suspected to be, either under the influence of, or impaired by, alcohol, drugs, or drug misuse, nor shall an employee be permitted to perform or continue to perform safety-sensitive functions until:
In the case of alcohol, an alcohol test is administered and the employee's BAC measures less than 0.02%; or 24 hours have elapsed following the determination that there is reasonable suspicion to believe that the employee has violated the prohibitions of this policy concerning the use of alcohol and/or drugs: and/or
In the case of drugs, a drug test is administered and the results are negative.
[1971 Code § 5-23.6]
It is a violation of this section for any employee to:
Refuse to submit to any drug and/or alcohol test required pursuant to and in accordance with these regulations;
No employee shall report for duty or remain on duty while having a BAC of 0.04% or greater. No supervisor, having knowledge that an employee has both consumed alcohol in a sufficient quantity and within seven hours prior to reporting for work such that one may reasonably conclude that the person has a BAC of 0.0.4% or greater, shall permit the employee to remain on duty.
No employee shall consume alcohol within seven hours prior to their scheduled shift. No supervisor having knowledge that an employee has consumed alcohol within seven hours of their shift shall permit the employee to remain on duty.
No employee shall report for or remain on duty while possessing alcohol, nor shall any employee consume alcohol while on duty or during lunch or other breaks. No supervisor having knowledge that an employee either possesses alcohol or has consumed alcohol while on duty or during lunch or other breaks shall permit the employee to remain on duty.
No driver or other employee required to take a post-accident alcohol test pursuant to this policy shall use alcohol for eight hours immediately following the accident, or until he undergoes a post-accident alcohol test, whichever occurs first.
Any supervisor who allows any employee under their supervision to remain on duty when said supervisor has knowledge of any of the conditions set forth in Subsection a2 hereinabove, shall be subject to the same disciplinary action as any employee found to be in violation of any of the provisions of this subsection, including termination.
No employee shall report for duty or remain on duty when he uses any drug, except when the use thereof is pursuant to the instructions of a physician, providing that the physician has advised the employee that the substance does not adversely affect said employee's ability to safely work at their usual occupation.
No supervisor having knowledge that an employee has used a drug shall permit the employee to remain on duty, except as specified in Subsections c3 and c4 herein. Any supervisor who allows any employee under his supervision to remain on duty when said supervisor has knowledge that the employee has taken any drug (except as provided in Subsections c3 and c4 herein) shall be subject to the same disciplinary action as any employee found to be in violation of any of the provisions of this section, including termination.
The use and possession of prescription drugs in accordance with the prescribed directions therefor shall not be a violation of this section. The use and possession of a reasonable amount of over-the-counter medications in accordance with the manufacturer's directions shall not be a violation of this section.
Employees who are using prescription or over-the-counter drugs which may impair the performance of their duties or otherwise adversely affect the employees' ability to safely work at his usual occupation shall report this information to their supervisor at the beginning of their shift and produce the original container in which the medication was dispensed at the time of purchase.
Employees who are called in for unscheduled duty and who are under the influence of alcohol and/or drugs, or who are using prescription or over-the-counter drugs, which may impair the performance of their duties or otherwise adversely affect the employees' ability to safely work at their usual occupation shall immediately report their condition to the person calling the employee in for such unscheduled duty or to a supervisor. Any employee reporting such a condition shall be excused from unscheduled duty by his supervisor.
Any employee or supervisor who calls another employee in his department in for unscheduled duty after being informed by said employee that he is under the influence of alcohol and/or drugs or is using prescription or over-the-counter drugs which may impair the performance of his duties or otherwise adversely affect the employee's ability to safely work at his usual occupation, and who then allows said employee to actually assume on-duty status, or orders same, shall be subject to the same disciplinary action as any employee found to be in violation of any of the provisions of this section, including termination.
Employees convicted of any criminal drug and/or alcohol offenses shall report said conviction to their department head on the next business day immediately following said conviction. The department head shall immediately notify the Municipal Manager of the employee's conviction of any such offense(s). The Municipal Manager or his appointed designee shall take appropriate action based on the foregoing, pursuant to this section.
[1971 Code § 5-23.7]
Due to the impact of drug and/or alcohol use on the safety of the employee, his co-workers, the general public, and the economic impact of accidents on those persons as well as the Township, any person found to have violated this section shall be considered to have committed a gross violation and may be subject to major disciplinary action, including termination, for the first offense. For the purposes of this section, the employee's refusal to submit to drug and/or alcohol testing, or tampering with, contamination, alteration or substitution of, any sample, or any such conduct which may alter test results, shall be construed to be the same as a failed drug and/or alcohol test. Disciplinary action may include termination.
Employees who test positive during alcohol breath testing (first offense) in the range of .02 to .039 will be suspended from work for a minimum of 24 hours and will be required to pass a return-to-duty breath alcohol test before returning to work. In addition, said employee will be subject to disciplinary action. (All return-to-duty testing is done at the employee's expense.)
Employees who test positive during alcohol breath testing (first offense) in the range of .04 or higher will be suspended from work and subject to disciplinary action up to and including termination. At a minimum the employee must remain suspended until:
The employee is evaluated by a DTS.
The employee complies with and completes all recommendations made by the DTS and be able to document same.
The employee submits to a return-to-work drug test and proof of a negative test result must be received by the Township. (All return-to-work testing is done at the employee's expense.)
Employees who test positive during alcohol breath testing (second offense) in the range of .04% or higher will be terminated.
No supervisor shall permit an employee who has tested positive for drug and/or alcohol use to report for, or remain on, duty. Any supervisor who permits any employee who has tested positive for drug and/or alcohol use to report for, or remain on, duty, shall be subject to the same disciplinary action as any employee found to be in violation of any of the provisions of this section, including termination.
Post-Accident Testing. Receipt by the Township of a negative alcohol and drug test result is required prior to return to duty. A positive test result will disqualify an employee from further employment or reinstatement at that time or any time in the future. Refusal to comply with the testing process will be considered insubordination and will carry the same disciplinary action as a positive test result.
Return-to-Duty Testing. (All return-to-duty testing is done at the employee's expense.) When the employee is cleared to return to work after a positive random or reasonable suspicion test, he will be required to pass an alcohol and drug test. Upon receipt of a negative finding, the Township will review the employee's employment record and will then determine whether or not the employee will be allowed to return to work. If an employee is allowed to return to work, he will be subject to follow-up testing, as determined by the Township.
Follow-up Testing. (All follow-up testing is done at the employee's expense.) Any employee returning to work with the Township after being suspended for a positive alcohol or drug test or returning to work after a leave of absence for voluntary substance abuse treatment will be subject to random follow-up testing. The employee will be tested at least six times in the first 12 months after returning to duty, and may be subject to follow-up testing for up to 60 months.
Any employee who tests positive for drugs or alcohol during the follow-up testing process will be terminated.
All employees who have an alcohol abuse problem and who wish to obtain treatment are encouraged to contact their health-care provider and their supervisor to report their condition and obtain treatment. Employees suffering from this illness will be provided with the treatment available through their chosen health-benefit program. Employees voluntarily receiving treatment shall be treated as any other employee with an ordinary illness would be treated, except for follow-up testing. Employees who voluntarily report their alcohol abuse, enroll and participate in, and successfully complete the course of treatment prescribed by a DTS and maintain an alcohol-free condition, shall not be disciplined for their historical alcohol abuse.
All employees are reminded that the illegal use of drugs is a criminal violation and that all employees are prohibited from engaging in criminal behavior at all times.
Non-law enforcement employees who are rehabilitated drug users shall not be disciplined for their historical drug use if they maintain a drug-free condition.
Past or present drug use by Police Officers constitutes gross misconduct in office and would serve to undermine public confidence in the entire Police Department. Accordingly, Police Officers who have used drugs illegally shall be terminated.
[1971 Code § 5-23.8]
All other sections of Chapter 10 of the Revised General Ordinances of the Township of Lakewood shall remain in full force and effect except to the extent modified hereby. If any subsection or paragraph of § 10-24 hereof is declared to be unconstitutional, invalid or inoperative, in whole or in part, by a Court of competent jurisdiction, such subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect and no such determination shall be deemed to invalidate the remaining subsections or paragraphs of this section, which shall be liberally construed for the protection of the health, safety and welfare of Township employees and citizens of the Township of Lakewood.
[Ord. No. 2008-33 Preamble]
The State Legislature recently adopted Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1 et seq.) to create the Defined Contribution Retirement Program to provide retirement benefits to various County and municipal officials.
N.J.S. 43:15C-2 requires the Governing Body of each County, municipality, and other local entity to adopt as appropriate, either a resolution or ordinance to determine the positions that are substantially similar in nature to the advise and consent of the Senate for appointments by the Governor of the State, pursuant to guidelines or policy 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, subject to the provisions of law.
The Township Committee of the Township of Lakewood has considered the guidelines issues by Local Finance Board.
[Ord. No. 2008-33 § 1]
Pursuant to N.J.S. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Program:
Director of Economic Development, Director of Code Enforcement and Zoning, Community Center Director, Director of Senior and Social Services, Director of Community Development Block Grants, Director of Public Works.
Municipal Court Judge.
Appointment members of the Lakewood Township Municipal Utilities Authority.
[Ord. No. 2008-33 § 2]
Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S. 43:15C-2:
[Ord. No. 2008-33 § 3]
If an individual is appointed to one of the positions listed in Subsection 10-25.2 and the individual is not serving in positions as described in Subsection 10-25.3 above, the Pension Certifying Officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual:
Was an active participant in the Public Employee Retirement System on July 1, 2007 and continuously since that time; or
Has been appointed pursuant to a valid promotional process; or
Is appointed on a temporary, interim, or "acting" basis to a position requiring State Certification as set forth in Subsection 10-25.3 herein, and is in pursuit of the required certification; or
Meets such other exceptions that may be approved by the Local Finance Board or Division of Pensions and Benefits.
[Ord. No. 2008-33 § 4]
This section shall be implemented, construed and subject to the aforesaid Chapter 92, of the Laws of 2007 (N.J.S. 43:15C-1 et seq.) as amended from time to time, and any regulations or guidance documents from the Local Finance Board or Division of Pensions and Benefits.
[Ord. No. 2015-58; Ord. No. 2017-39]
As used in this section:
- CRIMINAL HISTORY BACKGROUND CHECK
- Shall mean a determination of whether a person has a criminal record by cross-referencing that person's name, fingerprints, social security number and date of birth, with those on file with the Federal Bureau of Investigation, Identification (SBI) Division and the State Bureau of Identification in the New Jersey State Police.
- CRIMINAL HISTORY RECORD INFORMATION OR CHRI
- Shall mean information collected by criminal justice agencies concerning persons and stored in the computerized databases of the New Jersey State Police SBI Criminal History Information System, the National Law Enforcement Telecommunications Systems or other State computerized repositories containing criminal history record information consisting of identifiable descriptions and notations of arrests, indictments, or other formal criminal charges, and any dispositions, arising there from, including convictions, dismissals, correctional supervision and release.
- Shall mean the Township of Lakewood Police Department.
- Shall mean the Chief of Police or his/her designee.
- Shall mean an individual 16 years of age or older who receives compensation from the Township or a youth program to perform services for a youth program and has the potential for unsupervised direct access to youth.
- Shall mean the response provided by the Department of Law and Public Safety, Division of the State Police, to the request for a criminal history background check pursuant to N.J.S.A. 15A:3a-1 et seq.
- QUALIFIED PARTICIPANT
- Shall mean an employee or volunteer who has completed a criminal history background check revealing no disqualifying information.
- SPONSORED PROGRAM
- Shall mean any program which receives benefits, either directly or indirectly, including but not limited to the provision of funding or equipment from the Township.
- SPONSORED PROGRAMS
- Shall mean any program which, while not directly sponsored by the Township with funding, the providing of equipment or other benefits, uses Township facilities, including but not limited to sports fields and Township buildings.
- UNSUPERVISED DIRECT ACCESS TO MINORS
- Shall mean the ability to have interaction with a person who is younger than 18 years of age without the constant and uninterrupted observation of a parent or guardian of the youth or without the constant and uninterrupted observation of a representative of law enforcement or a supervising qualified participant.
- Shall mean any individual, compensated or uncompensated, who manages, works or runs a revenue generating operation at Township facilities and has the potential for unsupervised direct access to youth.
- Shall mean any individual 16 years of age or older who on an uncompensated basis performs services for a youth program and has the potential for unsupervised direct access to youth.
- VOLUNTEER REVIEW OPERATION OR VRO
- Shall mean the unit located within the State Bureau of Investigation in New Jersey State Police that is responsible for administering criminal background checks for volunteers and employees for youth programs as specified in this section.
- Shall mean any individual under 18 years of age.
- YOUTH PROGRAMS
- Shall mean any program which allows for participation in activities or services by persons under 18 years of age, including but not limited to, sporting activities, passive recreation groups, clubs, camps, field trips, cultural organizations, social groups and other activities or services. Specifically included are such organizations as paid/volunteer fire companies, emergency management, medical organizations, and paid/volunteer ambulance squads. Specifically excluded are public and non-public schools.
[Ord. No. 2015-58; Ord. No. 2017-39]
The cost of the background checks are to be borne by the volunteer, employee, vendor or by the youth organization. The cost is the current program fee determined by the Volunteer Review Operation. Township employees who require such a criminal background check as a part of the employee's employment duties shall be reimbursed by the Township for the cost of the background check from a fund established by the Township. Only a qualified, approved participant may serve as an employee or volunteer of a Township sponsored or Township supported youth program or act as a vendor at Township facilities.
[Ord. No. 2015-58; Ord. No. 2017-39]
A person shall be disqualified from serving as an employee or volunteer of a youth program or vendor if that person's criminal history background check reveals a record of conviction of any of the following crimes or offenses:
Conduct in any other state or jurisdiction which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in Subsection a of this subsection.
Nothing herein shall be construed to authorize an excluded sex offender as defined in N.J.S.A. 2C:7-22 to serve as an employee, volunteer in a youth organization, vendor or any other entity from which the excluded sex offender is otherwise statutorily disqualified.
[Ord. No. 2015-58; Ord. No. 2017-39]
The Township requires that all employees and volunteers of youth programs and vendors as described herein, either sponsored by the Township or supported by the Township, get a background check by applying to the Lakewood Township Police Department for an identification number that is required for live scan finger printing required by the State of New Jersey. No person shall be permitted to act as an employee or volunteer of a youth program, nor as a vendor of either Township sponsored or supported programs or facilities, until the results of the criminal history background check has been received and approved by the Chief of Police or his/her designee.
Any person who through prior compliance with the background check requirements of this section or who by virtue of such person's occupation has been required by statute or otherwise to undergo a criminal history background check that is as comprehensive as the check required by this section may, in the discretion of the Chief of Police or his/her designee, be exempt from the requirements of this section. However, such prior criminal history background check must have been completed within the preceding year in order to be exempt.
Notwithstanding prior compliance with the requirements of this section, no individual shall be permitted to continue as an employee or volunteer of a Township sponsored or Township supported youth program or vendor unless the latest criminal history background check provided to the Police Department was performed within the preceding 12 month period.
Current members of a paid/volunteer fire company, emergency management, emergency medical organization or ambulance squad subject to this section who have not complied with the requirement for a criminal history background check shall have 60 days from the effective date of these amendments to obtain the required criminal history background check. The Chief of Police or his/her designee may extend such deadline for good cause shown.
Editor's Note: This section was adopted October 8, 2015 by Ord. No. 2015-58 and amended November 8, 2017 by Ord. No. 2017-39.
[Ord. No. 2015-58; Ord. No. 2017-39]
All Township sponsored or Township supported youth organizations and vendors shall submit a complete list of names and addresses for all employees or volunteers subject to this section. In addition, each such organization shall provide such additional information as may be required by the Chief of Police or his/her designee. Each individual shall, through the organization, submit an executed consent form authorizing the required criminal history background check.
The Chief of Police or his/her designee shall coordinate the required background checks, including the fingerprinting through the State's approved live scan electronic fingerprinting vendor and the taking of photographs for identification cards for qualified participants.
It is the responsibility of each youth organization and its management, including officers, directors and coaches, to ensure that all individuals who serve as employees or volunteers of such youth program submit and obtain a criminal history background check and the refusal or failure of any Township's supported youth program shall result in immediate dismissal from any Township sponsored youth program and the refusal or failure of any Township's supported youth program to comply with the requirements of this section shall result in a denial of the use of Township facilities.
It is the responsibility of each vendor that has the potential for unsupervised direct access to youth to ensure that all individuals who serve as employees or volunteers submit and obtain a criminal history background check and the refusal or failure of any vendor shall result in immediate dismissal and the refusal or failure of any vendor to comply with the requirements of this section shall result in a denial of the use of Township facilities.
Scope of services provided by the Lakewood Police Department:
Process all employees, volunteers and vendors to ensure complete and accurate submission of required information.
Photograph all volunteers, employees and vendors subject to this section.
Receive the results of the criminal history background checks and, if appropriate, approve each individual status.
Issue photograph identification cards to qualified participants, which identification cards shall be valid for one year from issuance unless otherwise revoked by the Township. In the event of a revocation of an issued identification card, the individual shall immediately return such card to the Department and the failure to do so shall be a violation of this section.
Maintain current lists of all employees and volunteers of youth organizations and vendors subject to this section and verify compliance on a continual basis.
The Chief of Police or his/her designee shall be responsible for the maintenance of all records generated as a result of this section. All such information shall be deemed confidential and maintained in a secure location. Such records shall be only retained for such period of time as is necessary to ensure compliance with this section.
[Ord. No. 2015-58; Ord. No. 2017-39]
The individual applying for the criminal history background check shall authorize the Chief of Police or his/her designee to be the recipient of the affirmative or negative response from the State Police Bureau of Investigation. If appropriate, the Chief of Police or his/her designee shall then proceed to process the individual's identification card. If the individual wishes to obtain a copy of the criminal history record itself, a request must be submitted to the New Jersey State Police.
If the individual believes that the result of the criminal history background check is factually inaccurate or that the individual's criminal history record is in some way factually inaccurate, the individual must contact the New Jersey State Police directly.
Neither the Chief of Police or his/her designee nor other individuals in the Township government are privy to the special contents of the applicant's criminal history background check. However, the individual employee or volunteer may obtain a copy of the actual criminal history background check from the New Jersey State Police and may confidentially provide it to the Chief of Police or his/her designee for the purposes of an appeal pursuant to Subsection 10-26.7.
[Ord. No. 2015-58; Ord. No. 2017-39]
If a disqualification notice from the State of New Jersey is received, the volunteer or employee may obtain from the State Police a full criminal history record and any dispute regarding the accuracy of completeness of such record shall be directed to the State Police. If, however, the individual disputes the appropriateness of the disqualification notice on grounds other than the accuracy or completeness of the individual's criminal history record, the individual may appeal the determination by filing a written notice of appeal with the Chief of Police or his/her designee no later than 20 days after receiving the determination. Once an appeal notice is received by the Chief of Police or his/her designee, a meeting with the Appeal Panel shall be scheduled.
There is hereby established pursuant to this section an Appeal Panel consisting of the Township Manager, the Township Chief of Police and the Township Director of Public Works. Each individual will serve without compensation. The Township Manager, the Chief of Police and the Director of Public Works may select a designee to serve in their place on the Appeal Panel. A meeting of the Appeal Panel shall require at least two of its members or designees to be present. Any decision of the Appeal Panel shall require agreement by at least two members or their designees.
The Appeal Panel shall meet with the individual who has filed an appeal and review such information and documentation as may be submitted for consideration. The Appeal Panel may, in its discretion, consider evidence of rehabilitation if documented to the Appeal Panel by clear and convincing evidence.
The Township Manager shall preside at the appeal and, if deemed appropriate, may take testimony under oath. Technical rules of evidence shall not be applicable and a verbatim recording is not required.
The determination of the Appeal Panel shall be final and not subject to any further appeal. The Appeal Panel may, however, if deemed appropriate by the Township Manager agree to reconsider a denied appeal if the individual produces new or additional information.
The Appeal Panel may establish such procedures as it deems appropriate for the processing and hearing of appeals.