[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.
a.
Employment in the Township government shall be based on merit and
fitness, free of personal and political considerations.
b.
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.
c.
Positions with similar duties and responsibilities shall be classified
and compensated on a uniform basis.
d.
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.
e.
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.
f.
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; 4-8-2021 by Ord. No. 2021-22]
The Township hereby adopts the amended Personnel Policies and
Procedures Manual dated March 18, 2021, which is applicable to and
binding on the Township of Lakewood and all civilian non-police personnel.[1]
[1]
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:
|
Class a
|
Other residents of Ocean County.
|
|
Class b
|
Other residents of counties contiguous to Ocean County.
|
|
Class c
|
Other residents of the State.
|
|
Class d
|
All other applicants.
|
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:
a.
All elected officials and members of citizen boards and committees.
b.
Municipal Manager, Municipal Clerk, Township Engineer, Assistant
Township Engineer, department directors, Township Attorney and legal
assistants.
c.
Volunteer personnel and personnel appointed to service without compensation.
d.
Consultants and counsel rendering temporary professional service.
e.
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]
a.
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.
b.
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.
c.
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.
d.
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]
a.
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.
b.
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]
a.
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.
b.
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.
c.
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:
Shall mean an advancement in classification having:
[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]
a.
Vacancies shall be filled by utilizing competitive promotional examinations
in accordance with the New Jersey Department of Personnel.
b.
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.
c.
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]
a.
Employees enrolled in the Public Employees Retirement System of the
State of New Jersey are subject to the requirements and provisions
of that plan.
b.
Employees are eligible to retire with full benefits and with reduced
benefits as set forth by PERS.
c.
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.
d.
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.
e.
Members
of the Township Committee who retire after 20 or more years of service
in the state retirement system, with 20 or more years of service with
the Township of Lakewood, shall be entitled to remain enrolled in
any health insurance to Township employees at the date of their retirement
upon the completion of the requisite application forms.
[Added 1-13-2022 by Ord. No. 2022-2[1]
[1]
Editor's Note: This ordinance also redesignated former Subsection
e as Subsection f.
f.
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]
a.
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.
b.
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]
a.
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.
b.
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.
a.
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.
b.
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.
c.
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.
d.
The waiver must be in writing on a form to be prescribed by the municipality
and filed with the Finance Department.
e.
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:
|
Administration
|
35 hours
|
|
Clerical
|
35 hours
|
|
Police Department
|
40 hours
|
|
Clerical
|
35 hours
|
|
Public Works Department
|
40 hours
|
|
Clerical
|
35 hours
|
|
Inspection and Health Departments
|
37 1/2 hours
|
|
Clerical
|
35 hours
|
|
Engineering Department
|
35 hours
|
|
Construction Inspector
|
37 1/2 hours
|
|
Clerical
|
35 hours
|
|
Library, 35 hours except for nine weeks in the summer when they
have a 30 hour work week. At the direction of the Township Committee,
the Municipal Manager shall set forth the hours of work for each department,
including the amount of time that shall be allowed for lunch. In specialized
departments, such as the Fire Department, hours of work may be scheduled
on an extended basis.
| |
[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.
Lincoln's Birthday.
President's Day.
Good Friday.
Memorial Day.
Independence Day.
Labor Day.
Columbus Day.
General Election Day.
Veteran's Day.
Thanksgiving Day.
Post-Thanksgiving Day (Friday).
Christmas Day.
[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:
|
Length of Employment
|
Vacation Time
|
|---|---|
|
1 year to 10 years
|
12 working days
|
|
10 years and one day to 15 years
|
18 working days
|
|
15 years and one day and greater
|
24 working days
|
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]
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
1.
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.
2.
Employees may also make a direct donation to a fellow employee.
3.
Time can be donated at any time during the year by notifying the
Manager's office or the Personnel Office.
4.
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.
5.
Requests for donated time shall be made through the Manager's office
and shall not be unreasonably withheld.
6.
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]
a.
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.
b.
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]
a.
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]
a.
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.
b.
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]
a.
Municipal employees shall not engage in any political activity during
paid municipal hours.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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:
a.
Neglect of duty.
b.
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.
c.
Incompetency, inefficiency or incapacity due to mental or physical
disability.
d.
Insubordination or serious breach of discipline.
e.
Intoxication while on duty.
f.
Commission of a criminal act.
g.
Participating in any political activity prohibited by this chapter.
h.
Disobedience of the departmental rules and regulations established
pursuant to this Code.
i.
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.
a.
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.
b.
Grievance. Grievance is defined as a complaint by a citizen or employee
that said person's rights under said policy have been violated.
c.
In order for a grievance to be considered, it must be submitted in
writing and comply with the following criteria:
1.
It shall set forth the name, address and telephone number of the
grievant, the party allegedly aggrieved.
2.
It shall set forth the date of the occurrence or event giving rise
to the grievance.
3.
It shall state the specific provision(s) of any ordinance, statute
or administrative code or administrative order which forms the basis
of the grievance.
4.
It shall set forth the specific relief sought.
5.
Alternative means of filing complaints will be made available to
persons with disabilities.
[1971 Code § 5-18.2; Ord. No. 98-57]
a.
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:
1.
For ADA compliance issues:
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Director of Public Works
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Township of Lakewood
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231 Third Street
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Lakewood, New Jersey 08701
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Telephone: (732) 364-2500
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FAX: (732) 367-5401
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2.
For alleged discrimination:
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Aide to the Mayor
|
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Township of Lakewood
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121 Second Street
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Lakewood, New Jersey 08701
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Telephone: (732) 364-2500
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FAX: (732) 905-5991
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3.
Regarding specific department:
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Department Head of
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Department of
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231 Third Street
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Lakewood, New Jersey 08701
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Telephone: (732) 364-2500
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FAX: (732) 905-5991
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4.
All other concerns:
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Municipal Manager
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231 Third Street
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Lakewood, New Jersey 08701
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Telephone: (732) 364-2500
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FAX: (732) 905-5991
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Said appropriate party shall, upon receipt of the grievance,
designate a time within 15 calendar days for discussion of the grievance
with the aggrieved party.
|
b.
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.
a.
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.
b.
Definitions. As used in this subsection, the following words and
phrases shall have these accompanying specific definitions:
1.
CHARGED PARTY - Shall mean any person, including a Township employee,
against whom a charge of sexual harassment is filed.
2.
COMPLAINANT - Shall mean any Township employee who brings or files
a charge of sexual harassment.
3.
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.
4.
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.
5.
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.
6.
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.
7.
SEXUAL HARASSMENT - Shall include the following:
(a)
Any unwelcome sexual advances, requests for sexual favors and
other verbal and physical conduct of a sexual nature when:
(1)
Submission to such conduct is made either explicitly or implicitly
a term or condition of a person's employment; or
(2)
Submission to or rejection of such conduct by a person is used
as a basis for employment decisions affecting that person; or
(3)
Such conduct has the purpose or effect of unreasonably interfering
with a person's work performance; or
(4)
Such conduct creates an intimidating, unpleasant or offensive
work environment.
(b)
Hostile work environment sexual harassment; and
(c)
Quid pro quo sexual harassment.
c.
Complaint Procedure.
1.
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.
2.
Informal Complaints
(a)
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.
(b)
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.
(c)
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.
3.
Formal Complaints.
(a)
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.
d.
Contents of Filing. The filed complaint must include the following
information:
1.
The name, department and position or title of the complainant;
2.
The name, department and position or title of the charged party;
3.
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;
4.
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.
5.
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.
6.
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.
e.
Investigation of Filed Formal Complaint. A formal complaint of sexual
harassment shall be investigated pursuant to the following regulations:
1.
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.
2.
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.
3.
It shall be the duty of the individual responsible for the investigation
to:
(a)
Interview the complainant in detail;
(b)
Interview all potential witnesses, including those who may have
knowledge of similar incidents;
(c)
Interview the charged party in detail;
(d)
Review municipal files for similar incidents involving the complainant
and the charged party; and
(e)
Assess the presence or absence of corroborative evidence for
either party.
(f)
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.
f.
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:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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.
10.
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.
g.
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:
h.
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:
1.
Discharge or demotion;
2.
Suspension or written reprimand which shall become a permanent part
of the guilty employee' s employment file;
3.
Transfer of the guilty party;
4.
Require the guilty employee to undergo psychological therapy at his/her
expense; and
5.
Re-issue to the guilty employee the policy statement of the Township
of Lakewood against sexual harassment.
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The Township of Lakewood hereby expressly makes it the official
Township policy to encourage all of its employees to utilize the procedures
detailed herein when they witness conduct directed towards other Township
employees which might constitute the offense of sexual harassment.
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i.
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:
1.
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";
2.
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;
3.
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;
4.
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;
5.
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.
j.
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:
1.
The procedures for the filing of a sexual harassment charge or charges
as outlined in this subsection;
2.
The specifics of "quid pro quo" sexual harassment and "hostile work
environment" sexual harassment and the differences between the two
types;
3.
The components of "unwelcome" conduct;
4.
The proper method of insuring a complete and prompt investigation
of sexual harassment charges and/or complaints;
5.
Management's obligations regarding harassment of which it is aware,
or, alternatively, of which it should be aware;
6.
Procedures to be implemented to insure the confidential nature of
information gathered during an investigation;
7.
The manner in which the interests of both the charged party and the
complainant can be balanced;
8.
Record-keeping requirements;
9.
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;
10.
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.
k.
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.
l.
Retaliation.
1.
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.
2.
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.
m.
Monitoring and Evaluation of Subsection/Policy Provisions.
1.
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.
2.
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:
(a)
The permanent prohibition of any form of sexual harassment in
the workplace;
(b)
That each division/department head and all supervisory personnel
have discharged their responsibilities in creating an atmosphere free
of sexual harassment;
(c)
That all informal and formal complaints of sexual harassment
are promptly and thoroughly investigated;
(d)
That hearing procedures are scrupulously adhered to;
(e)
That standards determining guilt are stringently enforced;
(f)
That remedial action is imposed immediately upon a finding of
guilt;
(h)
That the follow-up memorandum from the Municipal Manager or appointed designee is properly and promptly distributed pursuant to Subsection 10-19.4i4 hereof;
(i)
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;
(j)
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;
(k)
That non-employees of the Township of Lakewood adhere to the
Township's policy prohibiting sexual harassment;
(l)
That there will be no retaliation against employees for reporting
sexual harassment or assisting in the investigation of a complaint
alleging sexual harassment.
n.
Policy Prohibiting Sexual Harassment in the Workplace for the Township
of Lakewood.
1.
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.
2.
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.
3.
Unwelcome sexual advances, such as offensive sexual flirtations,
repeated requests for dates or love letters after rejection of overtures;
4.
Discussing sexual activity;
5.
Repeated remarks to a person with sexual or demeaning implications;
6.
Unwelcomed intentional touching, such as patting, pinching, fondling
or brushing against another's body;
7.
Requests for sexual acts or favors with or without accompanying promises
or threats or reciprocal favors or actions relating to employment;
8.
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;
9.
Any verbal or physical conduct which has the purpose or effect of
substantially interfering with another employee's ability to perform
their job;
10.
Any verbal or physical conduct that has the purpose or effect of
creating an intimidating, hostile or abusive work environment;
11.
Any verbal or physical conduct which would not have occurred but
for the sex of the individual to whom it is directed;
12.
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;
13.
The use of offensive words directed at a specific gender, group or
race;
14.
Practical jokes about gender-specific traits.
o.
Such Conduct May Result in a Disciplinary Action and Subject the
Offending Party to Dismissal.
1.
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.
2.
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.
3.
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.
4.
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.
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.
Shall mean the consumption of any beverage, mixture, or preparation,
including any medication, containing alcohol.
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.
Shall mean a motor vehicle or combination of motor vehicles
used in commerce to transport passengers or property if the motor
vehicle:
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
Has a gross vehicle weight rating of 26,000 or more pounds;
or
Is designed to transport 16 or more passengers, including the
driver, or transports hazardous materials.
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.
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.
Shall mean illegal drugs and/or the misuse of prescription
or non-prescription drugs.
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.
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.
Shall mean a person, independent contractor or person hired
by an independent contractor who applies to become an employee of
the Township.
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.
Shall mean any vehicle with "municipal" license plates or
registered to the Township.
Shall mean the Township of Lakewood.
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.
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.
Shall mean controlled and noncontrolled substances for which
possession and use are legal when prescribed by licensed medical personnel.
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.
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.
Shall mean that an employee:
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
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
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.
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.
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:
a.
Prior to Employment. Drug screening shall be required of all persons
who receive pre-employment physicals.
b.
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.
c.
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:
1.
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;
2.
Direct observation of drug and/or alcohol possession or use;
3.
Observation of symptoms of drug and/or alcohol use, including possession
of drug paraphernalia;
4.
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.
d.
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.
e.
Random Testing.
1.
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.
2.
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.
3.
All random alcohol and drug tests shall be unannounced.
4.
If a driver or other employee is selected for a random alcohol and/or
drug test, he shall proceed to the test site immediately.
5.
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]
a.
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.
b.
In addition to the USDOT rules, these additional procedures are established
for post-accident and reasonable-suspicion testing:
1.
Post-Accident Testing Procedures. As soon as practicable following
an accident, all employees involved shall be tested if:
(a)
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
(b)
The employee receives a police-issued citation (summons) under
State law or Township ordinance for a moving traffic violation arising
from the accident.
2.
Alcohol and Drug Tests.
(a)
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.
(1)
A test for drugs required by this policy shall in all possible
instances be administered within the 32 hours immediately following
the accident.
(2)
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.
3.
Reasonable Suspicion Testing Procedures.
(a)
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.
(b)
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.
(c)
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:
(1)
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
(2)
In the case of drugs, a drug test is administered and the results
are negative.
[1971 Code § 5-23.6]
a.
It is a violation of this section for any employee to:
1.
Refuse to submit to any drug and/or alcohol test required pursuant
to and in accordance with these regulations;
b.
Alcohol Regulations.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
c.
Drug Regulations.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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]
a.
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.
1.
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.)
2.
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:
(a)
The employee is evaluated by a DTS.
(b)
The employee complies with and completes all recommendations
made by the DTS and be able to document same.
(c)
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.)
3.
Employees who test positive during alcohol breath testing (second
offense) in the range of .04% or higher will be terminated.
b.
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.
c.
Other Conditions.
1.
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.
2.
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.
3.
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.
d.
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.
e.
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.
f.
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.
g.
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:
a.
Municipal Manager.
b.
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.
c.
Township Attorney.
d.
Municipal Engineer.
e.
Municipal Prosecutor.
f.
Municipal Court Judge.
g.
Public Defender.
h.
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:
a.
Was an active participant in the Public Employee Retirement System
on July 1, 2007 and continuously since that time; or
b.
Has been appointed pursuant to a valid promotional process; or
c.
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
d.
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:
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.
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.
Shall mean an employee or volunteer who has completed a criminal
history background check revealing no disqualifying information.
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.
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.
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.
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.
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:
a.
|
2C:11
|
HOMICIDE
All offenses
|
|
2C:12
|
ASSAULT; ENDANGERING; THREATS
All offenses
|
|
2C:13
|
KIDNAPPING
All offenses
|
|
2C:14
|
SEXUAL OFFENSES
All offenses
|
|
2C:15
|
ROBBERY
All offenses
|
|
2C:20
|
THEFT
All offenses
|
|
2C:24
|
OFFENSES AGAINST THE FAMILY, CHILDREN AND INCOMPETENTS
All offenses
|
|
2C:35
|
CONTROLLED DANGEROUS SUBSTANCES
All offenses except Paragraph (4) of Subsection a of N.J.S.A. 2C:35-10
|
b.
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.
c.
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]
a.
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.
b.
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.
c.
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.
d.
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.
[1]
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]
a.
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.
b.
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.
c.
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.
d.
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.
e.
Scope of services provided by the Lakewood Police Department:
1.
Process all employees, volunteers and vendors to ensure complete
and accurate submission of required information.
2.
Photograph all volunteers, employees and vendors subject to this
section.
3.
Receive the results of the criminal history background checks and,
if appropriate, approve each individual status.
4.
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.
5.
Maintain current lists of all employees and volunteers of youth organizations
and vendors subject to this section and verify compliance on a continual
basis.
6.
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]
a.
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.
b.
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.
c.
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]
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
The Appeal Panel may establish such procedures as it deems appropriate
for the processing and hearing of appeals.
