[HISTORY: Adopted by the Township Council of the Township
of Monroe 6-11-96 by Ord. No. O-6-019; amended in its entirety 3-27-06 by Ord. No. O-3-2006-013.[1] Subsequent amendments noted where applicable.]
The Township of Monroe (the "Township") is committed to providing
a high level of service to its residents while maintaining morale
among its employees. To further this goal, the Township has developed
this Personnel Policy Manual.
It is important that you, our employees, understand, adhere
to and support the policies and procedures outlined in this Manual.
With your assistance and professionalism, we will attain the consistently
high level of service necessary to make the Township a positive place
to live and work.
Residents are our most valuable asset. Our residents judge the
Township based upon how they are treated by its employees. As a result,
nothing is more important than assisting the public in a courteous,
friendly, helpful and prompt manner.
This Personnel Policy Manual is designed to acquaint you with
the Township of Monroe and provide you with information about working
conditions, employee benefits and other policies affecting your employment.
You must read, understand and comply with all provisions of
this Manual. It describes many of your responsibilities as an employee
and outlines the programs developed by the Township for your benefit.
This Manual applies to all Township employees and must be followed.
It is not intended to abrogate, supersede or conflict with any federal,
state, or local law, regulations, employment agreements or contracts
negotiated with recognized labor unions. If a conflict exists, the
Manual shall be superseded by the other authorities, agreements or
contracts set forth in this paragraph.
The Township hereby retains and reserves unto itself, all powers,
rights, authority, duties and responsibilities conferred upon and
vested in it by the laws of the State of New Jersey and of the United
States, including, but not limited to the following rights: to manage,
control and operate the affairs of the Township including its properties
and facilities, its departments and the work and scheduling of its
employees; to hire employees, determine their qualifications, standards
of performance, and conditions for continued employment or assignment,
promotion and transfer; to lay off, suspend, demote, dismiss, discharge
or take other disciplinary action all in accordance with the law;
and to establish rules, regulations, policies and procedures to effect
the orderly and efficient administration of the Township.
The failure of the Township to exercise any of the foregoing
rights, or any other rights, shall not be construed as a waiver of
those rights.
All references made to employees, department heads, Business
Administrator, individuals or other similar terms which identify one
or more persons, the use of masculine or feminine pronouns and any
particular gender or masculine or feminine suffixes to any word shall
be construed to include both the masculine and feminine gender.
A healthcare practitioner/ provider with a background in
health and safety education, human resources management and occupational
and behavioral therapy and substance abuse management, with whom the
Business Administrator may consult from time to time regarding employee
health issues.
Any director of a department as defined in Section 3-1 of the Code of the Township of Monroe.
Handicapped as defined under N.J.S.A. 10:5-5(q) or having
one or more disabilities as defined by the Americans with Disabilities
Act, 42 U.S.C. 12101.
Division head as that term is used in the Table of Organization
attached hereto as Exhibit A.[1]
That part of the Division of Administration which oversees
the administration of the Township Personnel Program.
An approved management approach and/or attitude toward the
general handling of matters relating to personnel administration.
The method for implementation of a policy.
The employee was absent from work for five consecutive days
or more due to illness or personal reasons. Significant absence shall
not include authorized vacation or furlough time.
Department head, Director or such other individual who shall
have supervisory authority over an employee under departmental guidelines.
The employer, the Township of Monroe.
Any premises, building, vehicle, or property where Township
operations are carried on, whether it be on property owned by the
Township or not, or any location where an employee is authorized to
perform or does perform the duties of his or her employment.
[1]
Editor's Note: Exhibit A, referred to herein, may be
found as an attachment to this chapter.
Unless otherwise specified in a written contract signed by the employee and a department head, all employment with the Township shall be considered at will. This means that any employee is free to resign at any time, with or without cause, subject to the notice provisions set forth under Section 78-64 of this Manual. Similarly, the Township may terminate the employment relationship at any time with or without cause subject to the provisions set forth under Section 78-64 of this Manual.
The Township believes that the work conditions, wages, and benefits
that it offers to its employees are competitive with those offered
by other municipal governments and governmental agencies in New Jersey.
If an employee has concerns about work conditions or compensation,
he is strongly encouraged to voice those concerns, in writing, openly
and directly to his supervisors. If the employee's concerns remain
unaddressed, they should be brought to the department head or Business
Administrator.
Our experience has shown that when employees deal openly and
directly with supervisors, the work environment benefits, communications
are clearer and attitudes are more positive. We believe that the Township
demonstrates its commitment to employees by responding effectively
to employee concerns.
The Township recognizes that public employees have the right
to organize and be represented by a collective bargaining agent. The
Township will respect the choice of any employee choosing to exercise
this right.
The Township is an equal opportunity employer. Employment decisions
will be based upon merit, qualifications and ability without regard
to an applicant's or employee's race, creed, color, national
origin, ancestry, age, marital status, sex, or sexual orientation,
genetic information, atypical cellular or blood trait, veteran status,
eligibility for service in the Armed Forces of the United States,
religion or disability, except where a particular bonafide occupational
qualification or other exception is specifically permitted by law.
The Township seeks to maintain a bias-free work environment and expects
its employees to conduct themselves accordingly.
The employment decisions subject to this provision include,
but are not limited to, recruitment, selection, hiring, job assignment,
training, access to training, promotion, transfer, work environment,
drafting or implementation of policies and procedures, layoff, return
from layoff, disciplinary action, dismissal or termination, reinstatement,
compensation, access to benefits, benefits and retirement.
Any applicant or employee who has questions or concerns about
any type of discrimination in the workplace or who is aware of circumstances
which he believes violate this policy is encouraged to notify his
immediate supervisor. If the employee believes that discussing the
matter with an immediate supervisor would be inappropriate or futile,
the department head or Township Business Administrator should be notified.
No applicant or employee will suffer any retaliation, intimidation
or adverse employment action as a result of utilizing the complaint
procedure in good faith to report perceived violations of this anti-discrimination
policy. Any employee found to be engaging in any type of unlawful
discrimination will be subject to disciplinary action, which may include
suspension or dismissal.
The Township is committed to employing only United States citizens
and aliens who are authorized to work in the United States. The Township
does not discriminate on the basis of citizenship or national origin.
In compliance with the Immigration Reform and Control Act of
1986, each new employee, as a condition of employment, must complete
the Employment Eligibility Verification Form I-9 and present documentation
establishing identity and employment eligibility. Former employees
who are rehired must also complete Form I-9 and present the required
documentation if they have not completed a Form I-9 for the Township
within the past three years or if their prior Form I-9 has not been
retained or is no longer valid.
Employees may raise questions or complaints about immigration
law compliance without fear of reprisal.
A.
Hiring/appointments.
(1)
The Mayor and Council have adopted a policy of hiring and appointing
personnel based solely on need and merit. When a vacancy occurs, whether
through resignation, dismissal or creation of a newly authorized position,
the head of the department in which the vacancy occurs shall contact
the Business Administrator.
(2)
The department head must file a written recruitment request with
the Business Administrator which shall include (a) title of the vacancy;
(b) any unique qualifications or job responsibilities not reflected
on the official job description; (c) the official job description;
(d) the beginning salary he or she wishes to pay; and, (e) when the
position should be filled.
(3)
No recruitment is to be done by anyone other than the Business Administrator,
and no recruitment can begin until the required information is filed
in the office of the Business Administrator.
(4)
Once a recruitment request has been filed, the Business Administrator
will commence recruiting. Recruitment shall consist of, but not be
limited to, the following steps, not necessarily in this sequence:
(5)
This procedure is to be followed to fill all vacant full-time permanent
positions except positions held by Township personnel to whom this
Manual does not apply.
(6)
All appointments are to be made solely on the basis of merit.
(8)
All applicants for employment shall submit to fingerprinting and
a criminal history background check, if requested by the Business
Administrator or his designee. (See Exhibit 2)[2]
[2]
Editor's Note: Exhibit 2, pertaining to criminal history
background checks and referred to herein, may be found in the office
of the Township Clerk.
(9)
Except as set forth in Paragraph 10, it is the policy of the Mayor
and Council that all appointments, whether at entry level or promotion
level, shall be open to anyone.
Therefore, the Business Administrator shall conduct as wide
a recruiting effort as possible. In cases of equal qualification between
two applicants, one of which is a non-Township resident, the other
a Township resident, the Township resident shall be preferred.
(10)
No person who is related to a Township elected office holder, department
head as defined in N.J.S.A. 40:69A-43, the Township Clerk, Tax Assessor,
Chief Financial Officer, Tax Collector or a person employed on a full-time
basis shall be employed by the Township, except for employment in
a part-time seasonal or per-diem position. A relation for the purpose
of this section is defined as brother, sister, husband, wife, life
partner, son, daughter, ward, son-in-law, daughter-in-law, brother-in-law,
sister-in-law, father, mother, father-in-law, mother-in-law, grandmother,
grandfather, grandson and granddaughter.
[Amended 4-4-07 by Ord. No. O-4-2007-014]
(11)
After the recruiting process outlined here has been completed, administrative
department heads may recommend the hire of an employee or employees
within their own department to the Business Administrator. If the
Business Administrator is satisfied with the recommendation, he shall
seek the approval of the Mayor.
(12)
After the recruiting process outlined here has been completed, the
Township Clerk may recommend the hire of an employee or employees
within her office to the Township Council for approval.
(13)
Salary steps for all new hires shall coincide with the anniversary
date of hire.
B.
Promotions. The filling of higher level positions will follow the
same procedure as the filling of entry level positions. The only exception
is for positions which use examinations for promotional opportunities
and limit those eligible to take the examination.
Under all circumstances, promotions are to be made on the basis
of merit.
Appointments to higher level positions can be made on the basis
of promotion of current employees or the appointment of non-employees
directly into these higher level positions, in cases where current
employees do not meet the qualifications.
All promotions with salary steps shall coincide with the anniversary
date of promotion.
C.
Demotions. Upon the recommendation of a department head and with
the approval of the Business Administrator, the Mayor can demote an
employee for reasons of efficiency or economy. An employee must be
given five days written notice of demotion. A copy of this notice
must be filed with the Personnel Office.
D.
Division head vacancies. A director of a department may serve as
a division head without additional compensation. Whenever a division
head vacancy exists by reason of resignation, dismissal, disability
or otherwise, the director of the department, with the recommendation
of the Business Administrator and the approval of the Mayor, may fill
such vacancy temporarily by appointing an acting division head who
shall have and perform all the functions, powers and duties of such
division head until the office shall be filled permanently.
The Township does not discriminate against disabled individuals
in employment or the provision of services. The Township expects its
employees to create an environment which provides disabled individuals
with equal opportunity to participate in or enjoy the benefits of
Township services, programs, and activities and permits disabled employees
to enjoy a bias-free workplace. The Township, upon request, will make
reasonable accommodations in compliance with the Americans with Disabilities
Act (ADA).
The Township will attempt to make reasonable accommodations
for individuals with known disabilities not otherwise entitled to
accommodation under the ADA, unless doing so would result in an undue
hardship to the Township. This policy governs all aspects of employment,
including selection, job assignment, compensation, discipline, dismissal,
and access to benefits and training.
The Township is also committed to ensuring that disabled individuals
have equal opportunity to participate on Boards and Commissions. In
furtherance of this commitment, all Board and Commission meetings
will be held in accessible locations and auxiliary aids will be provided
if requested in advance. Future construction and renovation of Township-owned
buildings and facilities will be consistent with applicable barrier-free
federal and state regulations and the ADA Accessibility Guidelines.
It is the intention of the Township to clarify the definitions
of employment classifications so that employees understand their employment
status and benefit eligibility.
Each employee is designated as either NONEXEMPT or EXEMPT from
federal and state wage and hour laws. NONEXEMPT employees are entitled
to overtime pay under the specific provisions of federal and state
laws. EXEMPT employees are excluded from specific provisions of federal
and state wage and hour laws, including but not limited to overtime
pay.
In addition to the above categories, employees belong to other
employment categories:
FULL-TIME employees are those who work for the Township year
round, for a full business day and business week.
PART-TIME employees are those working year round, but less than
a full business day or business week.
SEASONAL employees are those employees who work for the Township
for a specified period or season during the year, normally the summer
season. Seasonal employees work either full-time (a full business
day and business week) or part-time (less than a full business day
or business week); most seasonal employees work full-time.
PER DIEM employees are part-time employees hired to work on
an hourly, on-call basis (e.g. per diem EMTs).
PERMANENT employees are those full-time or part-time employees
who have acquired permanent status, which is the attainment of a formal
letter assigning that status following a 180 day probationary period
and the completion of any necessary examinations.
PROVISIONAL employees are those who are appointed to permanent
positions pending an examination and working test period.
TEMPORARY employees are those appointed to a temporary position
for less than six months or appointed in an emergency, for the duration
of the emergency, but in no event longer than six months.
Only full-time and part-time employees hired to 30 hours or
more per week, year round, receive the full benefits package provided
by the Township. Professionals under contract with the municipality
shall have such benefits and privileges as are included in their respective
contracts.
The Township relies upon the accuracy of information contained
in the employment application, a copy of which is annexed to this
Manual (see Exhibit 1 which may be found on file in the office of
the Township Clerk), as well as the accuracy of other data presented
throughout the hiring process and employment. Any misrepresentations,
falsifications, or material omissions in any of this information or
data may result in the exclusion of the individual from further consideration
for employment or, if the person has been hired, dismissal.
[Amended 7-2-12 by Ord. No. O-7-2012-018]
To ensure that individuals who are employed by the Township
are well qualified and have a strong potential to be productive and
successful, it is the policy of the Township to check the employment
references and investigate the background of all applicants. Applicants
are required to authorize release of this information. (See Exhibit
2 which may be found on file in the office of the Township Clerk.)
Reference checks requested by others must be submitted in writing
to the Business Administrator or the Township will not respond. In
its response to such inquiries, the Township will only confirm the
dates of employment, wage rates, and position(s) held by the referenced
employee or former employee.
Applicants shall submit to being fingerprinted in accordance
with applicable state and federal laws, rules and regulations. The
authorized municipal official or officer requesting the criminal history
record background check of an employee is authorized to exchange fingerprint
data with and receive criminal history record information from the
State Bureau of Identification in the Division of State Police and
the Federal Bureau of Investigation.
[Amended 7-2-12 by Ord. No. O-7-2012-018]
The Township has an interest in maintaining the health, safety
and welfare of its citizens and the members of its workforce. For
this reason the Township requires that its employees be healthy enough
to perform their duties without endangering the health, safety and
welfare of themselves or others.
Medical examinations may be required as a condition of employment
for any applicant who has received an offer of employment from the
Township. The offer of employment and assignment to duties is contingent
upon completion of an examination and a medical determination that
the individual is capable of performing the responsibilities of the
offered position. The medical examination will be performed at the
Township's expense by a physician selected by the Township. The
applicant will be required to sign a release authorizing the health
professional to provide the Township with any information obtained
during the examination.
The Business Administrator, alone or in consultation with the
Clinical Coordinator, may direct full-time and part-time employees
to submit to a medical examination under the following circumstances:
A.
When a co-employee or department head forms a good faith belief,
detailed in writing, that another employee may need medical attention
based upon observed changes in conduct or the occurrence of one or
more events which have a negative impact upon that employee's
ability to safely and adequately perform his or her duties; or,
B.
When an employee has been absent from work due to illness or injury
for such a period of time that a re-entry examination is deemed prudent
or is required by law or other Township policy.
When the need for a medical examination is indicated based on
the foregoing, the following procedures shall be followed:
(1)
The department head shall submit a written request for the employee's
medical examination, along with any supporting documentation, to the
Business Administrator. If the examination is for re-entry, the employee
shall provide any required documentation to his or her department
head. The written request shall detail the reasons supporting the
request for a medical examination.
(2)
Upon receipt of the request, the Business Administrator shall determine
whether a medical examination is appropriate. The Business Administrator
may request all such additional information as is deemed necessary
to make this determination. The Business Administrator may share the
provided information with one or more appropriate healthcare professionals,
including but not limited to the Clinical Coordinator, if additional
guidance is needed to determine the appropriate course of action.
(3)
If the Business Administrator determines that the employee should
be given a medical examination, the employee will be asked to execute
a release of information form and an appointment will be scheduled
with a physician selected by the Township.
(4)
After the physician has examined the employee, a final report shall
be submitted which contains specific conclusions relating to the employee's
ability to safely continue in the performance of his or her job. If
the physician requires further tests or specialized examinations to
make such conclusions, then the physician should instead issue a report
specifying the additional medical information needed. The Business
Administrator will inform the employee if additional medical examinations
are requested.
(5)
The employee shall be directed to undergo the additional tests or
examinations and to release the results to the initial examining physician.
Upon completion, the physician will provide a final report to the
Business Administrator. If the report indicates that the employee
cannot safely and adequately perform his or her duties, the report
shall contain recommendations which will, if possible, permit the
employee to safely resume his or her position in the future. A copy
of any final report will be provided to the employee.
(6)
The Business Administrator may make compliance with the physician's
recommendations a condition of continued employment or take such other
employment action including suspension pending the examination as
is necessary to ensure the safety of the employee and the public.
However, no employment action taken under these circumstances shall
be inconsistent with the anti-discrimination and equal opportunity
provisions of this Manual, including those which require reasonable
accommodation for individuals with a known disability.
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Any required examinations or testing will be at the Township's
expense. Every effort should be made to conduct these examinations
promptly and with minimal or no interruption of the employee's
non-working hours, if the employee is continuing to work. Any re-entry
exams should be handled expeditiously to facilitate the employee's
return to Township service as promptly as possible. These procedures
may not be used to address situations involving possible pregnancy,
an employee's HIV status or to obtain genetic information. They
do not apply to emergency situations, workers' compensation examinations
or any other employment-related, medical examinations specifically
addressed by law.
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For all positions which require a Commercial Driver's License,
the employee must maintain a valid and current Medical Examiner's
Certificate or medical card which certifies that the employee is physically
qualified to drive a commercial motor vehicle.
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Information on an employee's or applicant's medical
condition or history will be kept separate from other employee information
and maintained confidentially. All such information shall only be
retained by the Township for any period necessary to make a determination
regarding an applicant's or employee's fitness for performing
a certain position.
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The provisional period is intended to give new employees the
opportunity to demonstrate their ability to achieve a satisfactory
level of performance and to determine whether the new position meets
their expectations. The Township uses this period to evaluate employee
capabilities, work habits, and overall performance.
All new and rehired employees work on a provisional basis for
the first six months after their date of hire. Employees who are promoted
or transferred within the Township must complete a second probationary
period of the same length with each reassignment to a new position.
Any significant absence will automatically extend a provisional period
by the length of the absence. Upon satisfactory completion of the
initial provisional period, an employee is eligible to become permanent.
The designation of the time frame for the provisional period
does not obligate the Township to retain the employee until the end
of the specified period. At the end of the six months, the employee's
supervisor or department head may extend the period for a specified
period at his or her discretion. If the provisional period is extended,
the employee is to be advised of the reasons for the extension.
In cases of promotions or transfers within the Township, an
employee who, in the sole judgment of management, is not successful
in the new position can be removed from that position at any time
during the second probationary period. If this occurs, the employee
may be allowed to return to his or her former job or to a comparable
job for which the employee is qualified, depending on the availability
of such positions and the Township's needs.
During the initial provisional period, new employees are eligible
for those benefits that are required by law, such as worker's
compensation insurance and Social Security. Eligibility for medical
and dental benefits shall begin the first (1st) of the month in which
the ninetieth (90th) calendar day of employment occurs. Employees
should read the details on eligibility requirements for each specific
benefits program.
Benefits eligibility and employment status are not changed during
the second provisional period that results from a promotion or transfer
within the Township.
Township employees have an obligation to conduct business within
guidelines that prohibit actual or potential conflicts of interest.
This policy establishes a framework which the Township hopes will
preserve the integrity of its government and ensure that quality services
are provided to its residents. The purpose of these guidelines is
to provide general direction. Employees are encouraged to seek further
clarification on issues related to acceptable standards of ethics.
All potential conflicts of interest should be brought to the attention
of an employee's immediate supervisor, and if necessary, an opinion
should be sought from the Business Administrator regarding the proper
handling of a potential conflict situation. These provisions apply
to any employee of the Township, whether elected, appointed or employed
by contract or at-will.
A.
No employee shall:
(1)
Directly or indirectly use or attempt to use his office, position
or employment to secure or obtain any unwarranted, preferential, favorite,
discriminatory or unlawful right, benefit, advantage or privilege
for himself or others;
(2)
Vote or lobby for the adoption or defeat of any legislation or for
the payment or nonpayment of any indebtedness owed by the Township
in which he or she maintains any direct or indirect personal, pecuniary
or other private interest;
(3)
Recommend or lobby for the adoption or defeat of any legislation
or the institution or defense of any legal or quasi-legal action relating
to any direct or indirect personal, pecuniary or other private interest;
(4)
Approve, disapprove or in any way recommend the payment or nonpayment
of any bill, voucher or indebtedness owed or allegedly owed by the
Township in which he or she maintains a direct or indirect personal,
pecuniary or other private interest;
(5)
Accept other employment or professional retainers, or the promise
thereof, that might reasonably conflict with the performance of his
official Township duties or that might reasonably tend to impair his
independent or impartial judgment or action in the performance of
his official duties;
(6)
Maintain a direct or indirect interest, in any contract with the
Township;
(7)
Participate in or benefit from any profits received by a contractor
or other person who has a contractual relationship with the Township;
or
(8)
The Mayor, Council members, Board members, Commission members, agents,
salaried officers, employees and members of their immediate families
shall not accept any gift(s), whether in the form of cash, loans,
services, commissions, tips, rewards, discounts, entertainment, meals,
trips, transportation, lodging, honoraria, reimbursement of expenses,
full or partial forgiveness of indebtedness, or any other thing of
economic value in any form, or the promise of a gift or other grant
of privilege, from any person, firm, corporation, or lobbyist, having
an interest, directly or indirectly, in any Township contract, service,
work, business, permit, application, legislative or administrative
action, litigation, or any other business arrangement.
Any violation of Section 78-16 may result in dismissal or other appropriate sanctions as determined by the appointing authority of the unelected individual committing such violation and shall result in a fine payable to the Township of three times the value of the gift, the value of which to be determined at the Township's sole discretion.
Any violation of Section 78-16 by an elected public official shall result in a fine payable to the Township of three times the value of the gift, the value of which to be determined at the Township's sole discretion.
Violations shall be fully and publicly disclosed by the Township
no later than 30 days after discovery.
Where a public official participates in an event which bears
a relationship to the public official's office and when appearing
in an official capacity, where prior approval has been given, if applicable,
the Township shall pay all reasonable incurred expenses, which shall
be fully and publicly disclosed no later than 30 days after incurred.
[Amended 10-5-09 by Ord. No. O-10-2009-031]
(9)
No employee shall make a monetary campaign contribution to a candidate
for or the holder of a Township elective office or to the political
action committee of a candidate for or the holder of a Township elective
office.
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While the existence of a relationship with outside firms does
not create a presumption that these provisions are being violated,
it does obligate the officer or employee to report any possible appearance
of or actual conflict or interest in a transaction involving Township
purchases, contracts or leases to his or her superior so that safeguards
can be established for the protection of all parties.
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Any employee who violates this section or any statute or ordinance
relating to conflicts of interest shall be deemed guilty of misconduct
in office and may be removed from his office or position. Any employee
who knowingly permits a subordinate to violate this section or any
statute or ordinance relating to conflicts of interest shall also
be guilty of misconduct and subject to dismissal.
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These provisions shall not be deemed to apply to any noncontrolling
interest held in the form of common stock or shares of a mutual fund
where such stock or mutual fund is publicly traded.
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Employees of the Township are prohibited from engaging in political
fund-raising activities while using Township equipment or on Township
property. No Township employee may solicit, commit to pay, or knowingly
solicit or receive any contribution to any candidate for election
to public office of the federal, state, county or municipal government,
school district or political organization while using Township equipment
or while in or on the property of the Township.
Prohibited forms of employee fund-raising include, but are not
limited to: 1) soliciting or accepting contributions using Township
telephone and computer systems and facsimile or copy machines; or
2) using Township letterhead to solicit or accept contributions; or
3) sending correspondence from any Township building or using any
Township services, equipment or postage; or 4) soliciting from an
individual or an owner or representative of a business entity while
on Township property; or 5) using vehicles owned or leased by the
Township to accept or solicit contributions. Any employee engaging
in prohibited fund-raising activity may be subject to disciplinary
action, up to and including dismissal.
Any employee who observes a co-employee engaging in prohibited
fund-raising activities has an obligation to report his observations
to his supervisor or department head. Any employee reporting such
activity shall not be dismissed, reprimanded, retaliated against or
otherwise intimidated for complying with these reporting requirements.
Any employee who observes a violation of this section and fails to
report it may be subject to disciplinary action.
Nothing herein shall prohibit an employee from voting as he
chooses or from expressing his opinions on political subjects and
candidates.
All full-time employees of the Township must consider the Township
their primary employer. All full-time employees of the Township shall
report for work with the physical and mental capability necessary
to perform the duties of their position. Full-time employees should
also be prepared to render extra services to the Township in the event
of an emergency until the emergency is resolved. Payment for overtime
services rendered during an emergency will be made in accordance with
any union contract or relevant federal or state laws.
An employee may hold a job with another organization as long
as he or she satisfactorily performs his or her job responsibilities
for the Township. Any such outside employment must be reported on
the Township's Outside Employment Form which can be obtained
from the department head. (See Exhibit 3.)[1] All employees will be judged by the same performance standards
and will be subject to the Township's scheduling demands regardless
of any outside work requirements. Therefore, employees should consider
the impact that outside employment may have upon their mental and
physical condition and endurance.
Any outside employment held by a full-time Township employee
may not be maintained if it interferes with an employee's performance
or compromises his Township position by creating a conflict of interest,
or if it has an actual or potential adverse impact upon the Township.
The Township shall collect and maintain records detailing all
its employees' outside employment to facilitate the summoning
of its employees in an emergency situation and to ensure compliance
with New Jersey law. All presently employed, full-time employees shall
supply the Township with a written description of the place and nature
of their outside employment within 30 days of receiving this Manual.
Any outside employment which is accepted in the future, or any change
in a Township employee's existing outside employment, will be
immediately reported, in writing, to the department head.
If the Township determines that an employee's outside employment
interferes with his performance or ability to fulfill the duties of
his position, which may be periodically modified, the employee may
be asked to terminate the outside employment.
[1]
Editor's Note: Exhibit 3, Township's Outside Employment
Form, referred to herein, may be found on file in the office of the
Township Clerk.
Although much of the information relating to Township operations
is deemed public, there remains certain information which is protected
as confidential. Confidential information includes, but is not limited
to:
A.
Medical information (records of which are to be maintained by the
Clinical Coordinator);
B.
Criminal investigatory records;
C.
Victim's records (except that a victim of a crime shall have
access to his own records);
D.
Trade secrets and proprietary commercial or financial information
obtained from any source;
E.
Any record within the attorney-client privilege;
F.
Administrative or technical information regarding computer hardware,
software and networks which, if disclosed, would jeopardize computer
security;
G.
Emergency or security information or procedures for any building
or facility which, if disclosed, would jeopardize security of the
building, facility or persons therein;
H.
Security measures and surveillance techniques which, if disclosed,
would create a risk to the safety of persons, property, electronic
data or software;
I.
Information which, if disclosed, would give an advantage to competitors
or bidders;
J.
Information generated by or on behalf of the Township or Township
employees in connection with any sexual harassment complaint filed
with the Township or with any grievance filed by or against an individual
or in connection with collective negotiations, including documents
and statements of strategy or negotiating position;
K.
Information which is a communication between the Township and its
insurance carrier, administrative service organization or risk management
office;
L.
Information to be kept confidential pursuant to court order; and
M.
That portion of any document which discloses the social security
number, credit card number, unlisted telephone number or driver's
license number of any person.
|
The protection of confidential information is vital to the Township's
interest in maintaining the public trust and effectuating the proper
administration of government. Employees who improperly use or disclose
confidential information will be subject to disciplinary action, which
may include dismissal and other legal action.
|
|
The public is entitled to certain information and pursuant to
the Open Public Records Act, a Government Records Request Form must
be completed. (See Exhibit 6)[1]
|
[1]
Editor's Note: Exhibit 6, Government Records Request
Form, referred to herein, may be found on file in the office of the
Township Clerk.
No press release or statement to any newspaper, radio or television
reporter or other media representative shall be made or issued by
any Township employee about Township business without prior authorization
from the Business Administrator, or in his absence, from the Township
Clerk. This shall not apply to the Chief of Police who may issue press
releases and make statements to media representatives concerning police
business without prior authorization.
The Township maintains a personnel file on each employee. The
personnel file includes such information as the employee's job
application, resume, records of training, documentation of performance
appraisals and salary increases, and other employment records.
Personnel files are the property of the Township, and access
to the information they contain is restricted. Generally, only supervisors
and management personnel of the Township who have a legitimate reason
to review information in a file are allowed to do so. The Township
considers misuse of personnel information a serious offense which
may result in disciplinary action up to and including dismissal.
An employee who wishes to review his own file should contact
his immediate supervisor who shall notify the Business Administrator,
or in the case of Police Department personnel, the Chief of Police.
With reasonable advance notice, employees may review their personnel
files at Township offices and in the presence of an individual appointed
by the Township to maintain the files. If an employee believes that
any information contained in his or her file is inaccurate or incomplete,
the employee may request that the file be corrected or supplemented.
The request for correction or supplementation shall become a part
of the file even if not granted.
All employee records will be maintained in the Office of the
Business Administrator or in the case of the Police Department, in
the Office of the Chief of Police. A separate file will be created
for each employee. The contents of each employee file shall contain
the following documents:
A.
Written application;
B.
Notes taken during pre-employment interview;
C.
Records and findings of pre-employment physical examination;
D.
Reports of all job-related accidents and injuries for which claims
were filed;
E.
Copies of claims paid by insurance companies on job-related accidents
or injury claims;
F.
Copies of any grievances filed, and actions taken in regard thereto
through all stages of the grievance procedure;
G.
Official records of vacation and sick leave earned and taken, dated
from day of employment;
H.
Records of personal days, jury duty, military leave, convention leave,
and other leave credited to and taken by the employee;
I.
Copies of requests for and permission to have outside employment,
including nature of employment, name of employer, and normal hours
worked;
J.
Records of disciplinary action including, warnings, suspensions,
dismissals, including specific charges and dates of incidents;
K.
Records of appeals of suspensions or dismissals;
L.
Records pertaining to promotions, transfers, demotions, layoffs,
recalls and any other personnel actions;
M.
Records of any investigations of or complaints against the employee;
N.
Records of any garnishment orders and the implementation thereof;
O.
Records of any employment-related convictions;
P.
Any other records which may affect employment, promotional, insurance,
or payroll of any employee; and
Q.
Records relating to the resignation, dismissal or retirement of the
employee.
|
This file must be up-to-date and accurate for each employee.
It is to serve as the official record for each employee that can be
referred to by the employee, the Business Administrator, the employee's
union representative, insurance companies, the Township Counsel, or
any other party authorized to review such information.
|
|
Needless to say, each employee's file must be kept confidential,
with strict rules for access. The following guideline is suggested,
for access to any employee's file:
|
|
Person/Official
|
Type of Access
|
|---|---|
|
Employee
|
Complete Access
|
|
Employee's Supervisor/ Department Head
|
Complete Access
|
|
Business Administrator
|
Complete Access
|
|
Mayor
|
Complete Access
|
|
Clinical Coordinator
|
Complete Access
|
|
Township Counsel
|
Complete Access, when necessary
|
|
Insurance Agent
|
Access to insurance-related information only
|
|
Township Treasurer
|
Payroll records, records relating to garnishment orders and
implementation thereof
|
|
Union Representative
|
Access to any data with written approval of employee
|
|
Others
|
Access to such information authorized in writing by employee;
information requested in a duly issued subpoena after notice to employee
and reasonable opportunity to quash; or as permitted under the Open
Public Records Act, N.J.S.A. 47:1A-1.
|
It is the responsibility of each employee to promptly notify
the Township of any changes in personnel data. Personal addresses,
telephone numbers, number of dependents or other essential information
relating to health benefit coverage, individuals to be contacted in
the event of an emergency, educational accomplishments, W-4 deductions,
beneficiaries for life insurance or the pension program and other
such status information should be accurate and current at all times.
Personnel data changes should be provided to the Business Administrator.
Credit references and related information will be furnished
to authorized persons or lending institutions only upon the written
request of the employee. In response to telephone inquiries, the Township
will only confirm employment.
[Amended 7-2-12 by Ord. No. O-7-2012-018]
A number of programs, such as social security, workers'
compensation and unemployment insurance, cover all Township employees
as prescribed by law. In addition, eligible Township employees are
provided a wide range of other benefits. For these benefits, eligibility
is dependent upon factors such as full-time employment status or contract
rights. An employee should check with his superior to determine eligibility.
The following benefit programs are available to eligible employees:
use of Township-owned automobile, auto mileage reimbursement, medical
insurance, major medical insurance, prescription plan, dental insurance,
life insurance, holidays, vacation benefits, bereavement leave, family
leave, jury duty leave, long term disability (optional), sick leave
benefits (short term disability), savings bonds/deferred compensation
plan (optional), uniform and uniform maintenance (as provided in collective
bargaining agreements), personal cancer protection plan (optional),
credit union membership (optional), and a flexible spending account.
In addition to spouses and other dependents, domestic partners
of employees (provided they possess a valid Certificate of Domestic
Partnership in accordance with N.J.S.A. 26:8a-1, et seq. and Chapter
246, P.L. 2003) are eligible for major medical/hospitalization insurance,
prescription plan and dental insurance.
All employees who filed a waiver of health benefits with the
Township on or after May 21, 2010, and who are entitled to receive
a portion of the amount saved by the Township because of the employee's
waiver of coverage, shall not receive an amount in excess of 25%,
or $5,000, whichever is less, of the amount saved by the Township.
An employee who wishes to resume coverage for health benefits
after filing a waiver shall notify the Township in writing, and file
a declaration with the Division of Pensions and Benefits that the
waiver is revoked.
An eligible employee may opt-out of Major Medical (if employee
provides proof of current coverage), Chiropractic, Dental and/or Vision
plans. One lump sum payment will be made to the employee for the Opt-Out
Plan no later than the second payroll in December (or on your last
payroll check, a pro-rated lump sum if employee leaves employment
before the end of the year). Selection of the Opt-Out Plan shall entitle
employee to a payment equal to 50% of the cost of the program(s) from
which employee opts out.
In the event an employee needs to make immediate changes to
their healthcare benefits due to an unexpected "life event," the employee
may do so. A qualified life event (marriage, domestic partnership,
divorce, death of dependent family member, birth or adoption of a
child, loss of other health coverage) will enable a full-time employee
with medical benefits to make enrollment changes during the year.
The Township provides a comprehensive workers' compensation
insurance program at no cost to its employees. This program covers
any injury or illness sustained in the course of employment that requires
medical, surgical, or hospital treatment. Subject to applicable legal
requirements, workers' compensation insurance provides benefits
after a short waiting period, or if the employee is hospitalized,
immediately. Deductions may be made for third-party reimbursement.
A Township employee who sustains work-related injuries or illnesses
should inform his supervisor as soon as possible. No matter how minor
an on-the-job injury may appear, it is important that it be reported
immediately. This will allow an eligible employee to qualify for coverage
as quickly as possible.
Compensation or coverage is denied when the injury or death
is intentionally self-inflicted or when resulting from intoxication
or unlawful use of controlled dangerous substances or, if permitted
by law, willful failure to make use of a reasonable and proper personal
protective device furnished by the Township, is involved. The Township
is not liable for workers' compensation benefits for injuries
that occur during an employee's voluntary participation in any
off-duty recreational, social or athletic activity sponsored by or
associated with the Township.
A Township employee who suffers a non-work related injury or
illness which warrants medical attention and will result in an extended
period of absence from work must advise the department head, in writing,
of the injury, the name and address of the medical provider and the
extent of medical attention necessary. The employee has an obligation
to inform his supervisor if his medical provider indicates that he
will be unable to carry out any of the duties of his position. If
it appears that the employee will not be able to perform his job functions,
the Township will determine if he should be removed from the job and
whether such removal should be temporary or permanent.
An eligible employee may exercise his right to take a leave
of absence or other appropriate leave.
The Township may allow employees who receive on-the-job injuries
or other employees who are on extended sick leave for injuries or
illness, whether or not work related, to temporarily perform modified
and/or light duties if, after medical examination, they are determined
to be able to engage in such assignments.
An employee is able to perform modified duty when the employee
can perform some, but not all, of his normal job functions. An employee
is able to perform light duty when the employee can perform Township
work outside of his normal job functions, e.g. an outdoor laborer
who is assigned to answer the telephone and file.
Modified or light duty tasks will be assigned in the discretion
of the department head, with the approval of the Business Administrator.
Efforts will be made to give an employee modified or light duty assignments
within his own department.
The department, risk management and/or Business Administrator
will decide if there are nonmedical circumstances that prevent an
employee from being assigned modified or light duty tasks and advise
the employee of any decision in that regard.
If the employee or his supervisor believes that a modified or
light duty assignment cannot be performed for medical reasons relating
to the injury or illness, a medical reexamination may be scheduled.
The examining physician is the final authority on whether a medical
reason related to the injury or illness exists, that renders the employee
unable to perform the modified or light duty task. If any employee
is medically approved to perform a modified or light duty assignment
and refuses to do so, he may be subject to disciplinary action, up
to and including dismissal.
If an employee is assigned to work in a location other than
his normal one, it is his responsibility to find transportation to
that work site. It is also the employee's responsibility to find
transportation to and from any medical follow-up visits and/or other
treatment.
If an employee working light or modified duty requests a sick
day due to a work-related injury or illness, he must immediately notify
his supervisor and his medical care provider. The medical care provider
must reexamine the employee to determine if the sickness is due to
a work-related injury. If it is, time off will be charged to workers'
compensation. If not, the time off will be charged to the employee's
sick time. If the employee fails to visit his medical care provider,
when required and scheduled, time off will be charged to the employee's
sick time. Any time taken off while an employee is on modified or
light duty which is not related to a work related injury or illness
(i.e. vacation, sick, personal) will be charged to the employee.
Follow-up visits and treatments with the health care provider
for a work-related injury or illness will be scheduled early morning
or late afternoon, so as not to unreasonably interfere with the employee's
work schedule. Any time lost due to these appointments will not be
charged against the employee.
There will be no change in an employee's salary while he
is on modified or light duty. The employee will be compensated at
his regular rate and continue to accrue benefits and seniority.
[Amended 10-5-09 by Ord. No. O-10-2009-081]
The federal Consolidated Omnibus Reconciliation Act (COBRA)
gives an employee and his qualified beneficiaries the opportunity
to continue health insurance coverage under the Township's health
plan when a "qualifying event" would normally result in the loss of
eligibility. Some common qualifying events are resignation, dismissal
or death of an employee; a reduction in an employee's hours or
leave of absence; an employee's divorce or legal separation;
and a dependent child no longer meeting eligibility requirements.
Under COBRA, the employee or beneficiary pays the full cost
of coverage at the Township's group rates plus an administration
fee. Any employee who has separated from their employment with the
Township for gross misconduct is not entitled to COBRA in accordance
with federal regulations.
The Township will provide each eligible employee with a written
notice describing rights granted under COBRA when the employee becomes
eligible for coverage under the Township's health insurance plan.
The notice contains important information about the employee's
rights and obligations. (See Exhibit 5)[1]
[1]
Editor's Note: Exhibit 5, pertaining to COBRA, referred
to herein, may be found on file in the office of the Township Clerk.
The Township of Monroe recognizes the following legal holidays
listed below:
|
New Year's Day
|
January 1st
|
|
Rev. Dr. Martin Luther King Jr. Day
|
Third Monday in January
|
|
Washington's Birthday
|
Third Monday in February
|
|
Good Friday
|
Friday before Easter
|
|
Memorial Day
|
Last Monday in May
|
|
Independence Day
|
July 4th
|
|
Labor Day
|
First Monday in September
|
|
Columbus Day
|
Second Monday in October
|
|
General Election Day
|
Tuesday after the first Monday in November
|
|
Veteran's Day
|
November 11th
|
|
Thanksgiving
|
Fourth Thursday in November
|
|
Day after Thanksgiving
|
Friday after Thanksgiving
|
|
Christmas Day
|
December 25th
|
|
Day after Christmas
|
When Christmas falls on a Thursday
|
In addition to these paid holidays, employees will receive two
paid "Floating Holidays" to be used at the employee's discretion,
for any purpose. Any other religious or personal leave taken by the
employee will be charged to the employee.
All vacation time shall be accrued and used in accordance with
the prevailing labor agreements. For management and non-union personnel,
the following schedule shall prevail:
|
Length of Actual Service
|
Vacation time per service year
|
|---|---|
|
1 year
|
10 working days
|
|
2 to 4 years
|
15 working days
|
|
5 to 8 years
|
18 working days
|
|
9 to 14 years
|
20 working days
|
|
15 to 20 years
|
24 working days
|
|
21 to 24 years
|
26 working days
|
|
25 years and over
|
28 working days
|
In selecting vacation times, department heads shall observe
rules of seniority; the most senior employee shall select his or her
vacation first and the least senior employee shall select his or her
vacation last. No two employees in the same department may take vacation
at the same time, unless expressly permitted by a supervisor. Department
heads are to permit vacation leave to their employees on schedules
that assure adequate staffing to meet scheduled workloads. Vacations
are to be taken or assigned so as not to interfere with the discharge
of departmental responsibilities.
In the event that vacation leave is carried over from one year
to the next, it must be used in the subsequent year or is lost.
New employees shall not be eligible for vacation days in the
first 60 days of employment.
Vacation days are pro-rated based on the employees annual allotment
divided by the number of months worked in the year of termination.
Every Township employee is entitled to four personal days each
year, which the employee can use for any purpose including, but not
limited to, medical appointment, religious observance, and unanticipated
personal circumstances or obligations. Notice of at least 48 hours
shall be provided wherever possible. The Township reserves the right
to deny requests as conditions warrant, but authorization shall not
be unreasonably withheld. Use of personal days cannot be carried forward
into the next calendar year.
New employees shall not be eligible for personal days in the
first 60 days of employment.
Personal days are pro-rated based on the employees annual allotment
divided by the number of months worked in the year of termination.
Township employees are granted 13 sick days per year. New employees
will accrue sick leave time in accordance with any union contract
formula or on a prorated basis where no union contract applies. New
employees are not entitled to sick leave benefits during the initial
60 days of the 180 day provisional period. There are no limits on
the number of sick days that can be accrued and carried forward from
one year to the next. Part-time, permanent employees are eligible
for sick leave on a pro-rated basis. Part-time temporary employees
are not eligible for sick leave.
Sick leave benefits are intended solely to provide income protection
in the event of illness or injury, and may not be used for any other
purpose. Sick leave may be utilized for your illness or injury, or
the illness or injury of your spouse, child or parent who requires
your care. If you plan to take sick leave for minor surgery, medical
treatment or other purposes for which you have advance notice, you
and your supervisor should attempt to schedule your sick leave at
a mutually agreed upon time.
The Township recognizes that the need for sick leave often cannot
be anticipated or planned. In these instances, please call your immediate
supervisor to inform him of your need for sick leave as soon as possible.
Unless extenuating circumstances are involved, any employee who takes
sick leave should notify his supervisor at least one hour before he
or she should have reported to work (Emergency personnel should notify
his or her supervisor at least eight hours before he or she should
have reported to work). If possible, call your supervisor at home
before working hours. A failure to provide timely notice of your absence
may result in unpaid time off.
If an employee is absent for three or more consecutive days
due to illness or injury, a physician's statement may be required
verifying the illness or injury and its beginning and expected ending
dates. Such verification may be requested for other sick leave absences
as well and may be required as a condition to receiving sick leave
benefits. Additionally, the Township may require a physician's
verification that the employee may safely return to work after any
sick leave of three work days or more.
Sick leave benefits will be calculated based on the employee's
base pay rate at the time of absence and will not include any special
forms of compensation, such as incentives, commissions, bonuses, or
shift differentials.
Employees on sick leave will be expected to be at home except
when attending a medical appointment. If sick leave has been taken
to care for a member of the employee's family who is seriously
ill, the employee will be expected to be at the home or other location
of such seriously ill family member except when attending a medical
appointment with such family member.
[Amended 7-2-12 by Ord. No. O-7-2012-018; 12-26-18 by Ord. No. O-12-2018-049]
In the event that any employee, with four or more years of continuous
service commencing with the date on which status as a permanent employee
was obtained, suffers a debilitating sickness or injury during the
course of employment, the Township may provide his or her gross pay
for a period of 90 calendar days, limited to one leave in a 12 month
period. At the start of an employee's ninth (9th) year of employment,
there will be no limit on the number of leaves in a 12 month period.
Extended sick leave may not be utilized until an employee has used
all previously accumulated paid time off (i.e sick, vacation and personal
time) before he/she is eligible to use extended sick leave time, including
any leave awarded during the period of absence. Such requests shall
be made in writing, with medical substantiation, to the Business Administrator.
The decision whether to grant extended sick leave shall be at the
discretion of the Business Administrator after consultation with the
Director of Health and Human Resources.
After 90 consecutive days of administrative sick leave, an employee
may make a request for an additional extended sick leave of up to
90 days which must be approved by the Business Administrator.
As an additional condition of eligibility for extended sick
leave benefits, an employee on extended sick leave must apply for
any other available compensation and benefits (such as workers'
compensation, state disability and social security, if applicable).
Extended sick leave benefits under this paragraph will commence
upon presentation of a physician's certification to the employee's
debilitating condition and temporary inability to work. In addition,
the Township may require that the employee be examined by a physician
of its choosing who must also certify to the employee's condition
and temporary inability to work.
The provision for extended sick leave will not apply to any
employee who becomes unable to return to work on a permanent basis.
It shall be the responsibility of any employee seeking extended sick
leave benefits to determine whether he or she is entitled to worker's
compensation, disability or social security benefits. If any other
forms of financial assistance are available to the employee, they
shall be pursued. If an employee receives benefits or a compensation
award for any portion of the extended sick leave period for which
the Township paid the employee, the employee shall use the benefits
or award to reimburse the Township. An employee is not entitled to
receive or retain any extended sick leave payments which duplicate
compensation received from other sources for the same period of time.
The provision of extended sick leave shall not apply to any
employee who is injured during the performance of services for another
employer.
An employee who is ineligible for extended sick leave may apply
for a medical leave of absence without pay after exhausting all vacation
leave, sick leave, and leave provided under the Family and Medical
Leave Act.
At retirement, a full-time employee will be paid 50% of his/her
accumulated sick leave up to a maximum of $15,000. Payment will be
made at the rate of pay during the year in which the employee retires.
Any benefits conferred under the provision of this paragraph apply
prospectively only, and accrue as of January 1, 1977. In order to
reap the benefits of this paragraph, an employee must provide his
or her employer with six months prior notice of his or her intention
to retire, unless otherwise dictated by statute. The rules and regulations
regarding retirement shall be consistent with those established by
the Public Employee Retirement System.
The Township provides medical leaves of absence without pay
to eligible employees who are temporarily unable to work due to a
medical disability and who have exhausted all vacation leave, sick
leave or extended sick leave.
All employees are eligible to request medical leave.
Eligible employees should request a leave from their supervisor
as soon as they become aware of a need for a medical leave of absence.
A physician's statement must be provided verifying the medical
disability and its beginning and expected ending dates. Any changes
in the information should be promptly reported to the employer. Employees
returning from medical leave must provide a physician's verification
of their fitness to return to work.
Eligible employees who are granted leave may be granted leave
for the period of the disability, up to a maximum of six months. If
the initial period of approved absence proves insufficient, consideration
may be given to a request for a single extension of no more than 90
calendar days.
Subject to the terms, conditions, and limitations of the applicable
plans, health insurance benefits will be provided by the Township
until the end of the sixth (6th) month after medical leave begins.
At that time, employees will become responsible for the full costs
of these benefits if they wish coverage to continue.
When the employee returns from medical leave, benefits will
again be provided by the Township according to the applicable plans.
Employees who sustain work-related injuries are eligible for
a medical leave of absence for the period of disability in accordance
with all applicable laws covering occupational disabilities.
Benefit accruals, such as vacation, sick leave, or holiday benefits,
will be suspended during the leave and will resume upon return to
active employment.
When a medical leave ends, every reasonable effort will be made
to return the employee to the same position, if it is available, or
to a similar position for which the employee is qualified. However,
the Township cannot guarantee reinstatement in all cases.
If an employee fails to report to work promptly at the end of
the medical leave, the employee will be deemed to have resigned.
[Amended 10-5-09 by Ord. No. O-10-2009-031; 7-2-12 by Ord. No. O-7-2012-018; 12-26-18 by Ord. No. O-12-2018-049]
To be eligible for Maternity leave employees must have 2 years
of continuous full-time service with the Township as of the date of
birth of the child. Paid leave shall consist of 12 weeks in any 24
month period regardless of whether those days are before or after
delivery. The 60-day leave must be consecutive calendar days and shall
run concurrently with the FMLA/FLA.
Not later than the fourth (4th) month of pregnancy, the employee
shall notify the Business Administrator of her pregnancy or adoption
and her plans to continue employment or take a leave of absence, not
to exceed 12 weeks, unless altered due to medical reasons. Notification
of pregnancy shall include a statement from the employee's health
care provider which sets forth the condition of pregnancy, the anticipated
delivery date and the employee's ability to continue her normal
duties. If any change occurs in the employee's ability to continue
her normal duties, she shall give the Business Administrator a statement
from her physician certifying to that change.
Employees who have been employed for two years will not be required to exhaust any accrued sick leave prior to receiving any maternity leave. While on maternity leave, employees shall continue to accrue sick leave in accordance with the provisions of any collective bargaining agreement or, for non-union personnel, in accordance with Section 78-32, "Sick Leave Benefits," of this Manual.
The position held by an employee who goes out on maternity leave
shall be held open for a period of six months and the individual shall
be placed in the same position at the salary schedule that she would
have attained had she been employed by the Township during such period
or she will be restored to an equivalent position with equivalent
duties, benefits and pay.
[Added 7-2-12 by Ord. No. O-7-2012-018; amended 12-26-18 by Ord. No. O-12-2018-049]
To be eligible for Maternity leave employees must have 2 years
of continuous full-time service with the Township as of the date of
birth of the child. Paid leave for full-time employees hired after
May 1, 2011 shall consist of 60 calendar days in any 24 month period
regardless of whether those days are before or after delivery. The
60-day leave must be consecutive calendar days and shall run concurrently
with the FMLA/FLA.
Not later than the fourth (4th) month of pregnancy, the employee
shall notify the Business Administrator of her pregnancy or adoption
and her plans to continue employment or take a leave of absence, not
to exceed 60 calendar days, unless altered due to medical reasons.
Notification of pregnancy shall include a statement from the employee's
health care provider which sets forth the condition of pregnancy,
the anticipated delivery date and the employee's ability to continue
her normal duties. If any change occurs in the employee's ability
to continue her normal duties, she shall give the Business Administrator
a statement from her physician certifying to that change.
Employees are eligible for up to 60 calendar days of paid leave
upon adoption of a child provided notice is given at least one month
in advance of the scheduled leave.
Employees who have been employed for two years will not be required
to exhaust any accrued sick leave prior to receiving any maternity
leave. While on maternity leave, employees shall continue to accrue
sick leave in accordance with the provisions of any collective bargaining
agreement or, for non-union personnel, in accordance with Section
32, "Sick Leave Benefits."
The position held by an employee who goes out on maternity leave
shall be held open for a period of six months and the individual shall
be placed in the same position at the salary schedule that she would
have attained had she been employed by the Township during such period
or she will be restored to an equivalent position with equivalent
duties, benefits and pay.
The Township provides family leaves of absence without pay to
eligible employees who wish to take time off from work to fulfill
family obligations relating directly to childbirth, adoption, or placement
of a foster child; or to care for a child, spouse, or parent with
a serious health condition. A serious health condition means an illness,
injury, impairment, or physical or mental condition that involves
inpatient care in a hospital, hospice, or residential medical care
facility; or continuing treatment by a health care provider. These
provisions are meant to provide Township employees with any rights
or benefits which are set forth in The Family and Medical Leave Act
of 1993 as well as the New Jersey Family Leave Act.
Employees in the following employment classifications are eligible
to request family leave as described in this Manual: full-time and
part-time employees working 25 hours or more per week year round.
Eligible employees may request family leave only after having
completed 365 calendar days of service. Eligible employees should
make requests for family leave to their supervisors at least 30 days
in advance of foreseeable events and as soon as possible for unforeseeable
events.
Employees requesting family leave related to the serious health
condition of a child, spouse, domestic partner, or parent must submit
a health care provider's statement verifying the need for a family
leave, medical facts regarding the condition, the date the condition
began and its probable duration. The Township may require a second
opinion at its own expense. If the medical opinion of the employee's
health care provider conflicts with the opinion of the Township's
chosen health care provider, a third and binding opinion may be obtained
at the Township's expense.
Eligible employees may request up to a maximum of 12 weeks of family leave within any 12 month period. Family leave may not be used to extend any medical leave which is extended to the employee under the provisions of Section 78-33, "Medical leave of absence," of this Manual. If this initial period of absence proves insufficient, consideration will be given to a written request for a single extension of no more than 84 calendar days. Employees will be required to first use any accrued paid leave time before taking unpaid family leave. Married employee couples may be restricted to a combined total of 12 weeks leave within any 12 month period for childbirth, adoption, or placement of a foster child; or to care for a parent with a serious health condition. However, following the use of a 12 week leave entitlement for one of these purposes, the husband and wife will each be entitled to the difference between the leave taken individually by them and their 12 week entitlement if the additional leave is for a different Family and Medical Leave Act purpose.
Subject to the terms, conditions, and limitations of any of
the applicable plans governed by ERISA, the Township will continue
to provide health insurance benefits for the full period of the approved
family leave.
Benefit accruals, such as vacation, sick leave, or holiday benefits,
will be suspended during the leave and will resume upon return to
active employment. Any benefits accrued prior to the period of leave
will be maintained.
So that an employee's return to work can be properly scheduled,
an employee on family leave shall provide the Township with at least
two weeks advance notice of the date the employee intends to return
to work. When a family leave ends, the employee will be reinstated
to the same position, if it is available, or to an equivalent position
for which the employee is qualified, if such a position is available.
If no equivalent position is available, the employee may be laid off.
If an employee fails to report to work promptly at the end of
the approved leave period, the Township will assume that the employee
has resigned.
[Added 10-5-09 by Ord. No. O-10-2009-031]
The U.S. Department of Labor, and the New Jersey State Department
of Labor and Workforce Department are overseeing the Act, effective
July 1, 2009. The Federal Leave Insurance Act (FLIA) allows individuals
to take time off from work to care for a seriously ill family (parents,
step-parents, domestic partner, spouse, child, step-child). If approved
by the State of New Jersey, an employee may receive financial compensation
for six weeks or 42 intermittent days during the 12 month period beginning
with the first date of the claim. This policy is in accordance with
federal regulations.
The Township permits an employee to voluntarily donate a portion
of his earned sick and vacation time to another Township employee
who has exhausted his own earned leave time and who is suffering from
a health condition or injury which necessitates the employee's
prolonged absence from work.
A.
Eligibility.
(1)
Recipient: A Township employee shall be eligible to receive donated
sick and vacation leave from other Township employees if the employee
meets all of the following criteria:
(a)
Must be suffering from a health condition or injury which necessitates
the employee's prolonged absence from work or is needed to provide
care to the employee's spouse, child or parent who is suffering
from a serious health condition or injury.
(b)
Must provide his or her supervisor with acceptable medical verification
from a physician or other licensed health care provider. The medical
verification must indicate the nature, severity, and anticipated duration
of the disability resulting from the serious health condition or injury
involved.
(c)
Must have completed at least one year of continuous Township
service.
(d)
Must have exhausted all accrued paid leave time including compensatory
time off, sick leave, vacation leave, and administrative leave.
(e)
Must receive a total of at least five donated days from one
or more leave donors to participate in the program.
(2)
Donor: An employee to be eligible to donate leave to another employee
must meet all of the following criteria:
(a)
May donate up to 10 days to any one recipient. Only whole days
may be donated.
(b)
Must have remaining to his or her credit following any donations
at least 20 days of accrued sick leave, if donating sick leave; 12
days of accrued vacation, if donating vacation leave.
(c)
Must not have solicited or accepted anything of value for the
donation.
B.
Procedures.
(1)
Any employee may initiate a request to participate in this program.
A supervisor may also initiate this process on behalf of the employee.
Decisions regarding eligibility will be made on a case-by-case basis.
Participation shall not be unreasonably denied.
(2)
The department will post the names of eligible employee recipients
who will have exhausted all earned paid leave time by a designated
date. The posting will be done on employee bulletin boards or other
appropriate means and only with the recipients' consent. If the
employee is unable to consent, the employee's family may consent
on behalf of the employee.
(3)
A donor may indicate his intent to donate by providing the recipient's
department head with a memorandum which indicates the names of the
recipient and donor, the amount and type of leave being donated and
a statement showing the total amount of sick and leave time that has
been accrued by the donor. Upon receipt of five or more donated days,
the Township will reduce each donor's leave time by the number
of days which are to be donated.
(4)
The eligible recipient's leave time will be credited with the
donated time indicating the donor. The recipient may receive days
from more than one donor but may not use a total of more than 180
donated days. Records will be maintained showing donor's name,
number and type of days donated.
(5)
Should an employee return to work, or otherwise terminate the leave
with donated time remaining, that time will be returned to the donor(s).
(6)
The recipient employee while using donated leave will continue to
earn sick and vacation leave. If the sick leave is unused when the
employee returns to work, all such earned time shall be retained by
the recipient employee and credited to the employee's accrued
sick leave time.
(7)
Upon retirement, the leave recipient shall not be granted supplemental
compensation on retirement for any unused sick days which he or she
received through the donated sick leave program.
(8)
Once the leave time has been donated, it may not be revoked by the
donor.
(9)
If a leave donor is not in the same department or autonomous agency
as the leave recipient, appropriate arrangements shall be made between
the affected department head to verify donor eligibility and adjust
leave records. However, the posting requirement set forth (in paragraph
(2) above) is limited to the recipient's department head.
(10)
Donations may not be used on a retroactive basis.
The Township encourages employees to fulfill their civic responsibility
by serving jury duty when required. An employee must show the jury
duty summons to his supervisor as soon as possible so that the supervisor
may make arrangements to accommodate the employee's absence.
Employees are expected to report for work whenever the court schedule
permits.
Jury duty pay will be calculated on the employee's pay
rate times the number of hours the employee would otherwise have worked
on the day of absence. All full-time employees are eligible for paid
jury duty leave.
The Township will continue to provide health insurance benefits
to any employee for the full term of the jury duty absence, unless
that employee is not ordinarily entitled to receive such benefits.
The Township encourages employees to appear in court for witness
duty when subpoenaed. If an employee has been subpoenaed as a witness
by the Township, or in connection with Township business he will be
paid for each day or portion of a day on which he serves witness duty.
Employees subpoenaed to appear in court as witnesses in any other
capacity will be granted unpaid time off. Employees are free to use
any available vacation, or personal leave benefit to receive compensation
for the period of this absence.
Upon receipt of any subpoena, the employee should immediately
provide a copy to his supervisor so that arrangement can be made to
accommodate the employee's absence. The employee is expected
to report for work whenever the court schedule permits.
If any Township employee receives a subpoena directing that
employee to appear either for the taking of depositions or for the
giving of testimony in a Court in the employee's capacity as
a representative of the Township, that employee shall immediately
notify his immediate superior, who shall advise the department head.
The department head, immediately upon being so advised, shall advise
the Business Administrator and supply a copy of the subpoena and any
other documents that may have been served upon the Township employee.
Further, all personnel are instructed that no statements relating
to the subject matter of the subpoena or the related litigation are
to be made by any person from that moment forward, unless and until
any such statement is approved by both the Business Administrator
and Township Counsel. In such cases, Township employees must cooperate
with Township Counsel.
The Business Administrator and Township Counsel will then consult
with the employee who has received the subpoena and will instruct
that employee as to how to proceed. In some instances, Township Counsel
may, based upon the nature of the matter, determine that he will accompany
the Township employee to the place where testimony is to be given
and will, to the extent that it involves Township affairs, act as
counsel for that employee.
If the employee is already represented by counsel, Township
Counsel will communicate with that person and advise them of the service
of the subpoena. Future guidance will then be given to the employee
either by Township Counsel or by the counsel already engaged in representing
the employee.
A military leave of absence will be granted to employees, except
those occupying temporary positions, to attend scheduled training
or if called to active duty with the United States Armed Services.
The employee shall provide the Business Administrator with a copy
of the military order to report for training or active duty within
one week of receiving same. If no orders are issued, the employee
shall provide any other form of written notice or confirmation as
requested by Business Administrator.
Any full-time employee who is a member of the United States
Reserves, or a State National Guard, or any division of the Armed
Services and is required to engage in annual active duty training,
or is called to active duty shall be granted a leave of absence in
accordance with applicable state or federal law. The employee shall
be entitled to be paid the difference between the regular gross Township
salary and his gross military pay, if the military pay is less than
his regular gross Township pay for the period of military leave.
Taking of military leave shall not reduce any other leave earned
by the employee. All other leave will continue to accrue while an
employee is out on military leave.
An employee's family shall continue to be covered under
the Township's medical plan while the employee is on approved
military leave.
This policy shall not apply to any employee who voluntarily
leaves the Township's employment to sign up for full-time military
service.
[Amended 11-30-09 by Ord. No. O-10-2009-031]
If an employee wishes to take time off due to a death in his
family, the employee must notify his supervisor immediately.
Up to five days of paid bereavement leave will be provided to
all employees. Bereavement pay is calculated based on the base pay
rate at the time of absence and will not include any special forms
of compensation, such as incentives, commissions, bonuses, or shift
differentials.
In the event of the death of the employee's spouse, domestic
partner, and children of the domestic partner, child, parents, step-parents,
brother, sister, grandparents, grandchildren, father-in-law and mother-in-law,
the employee shall be granted five days of bereavement leave. In the
event of the death of any employee's brother-in-law, sister-in-law,
daughter-in-law, son-in-law, niece, nephew, grandmother or grandfather-in-law,
or any relative living in the employee's household, the employee
shall be granted three days bereavement leave. In the event of the
death of the employee's aunt, uncle, or first cousin, the employee
shall receive the day of the funeral only.
Any employee may, with the supervisor's approval, use any
available paid leave for additional time off as necessary.
At times, emergencies, including, but not limited to severe
weather, fires, power failures can disrupt Township operations. In
extreme cases, these circumstances may require the closing of a work
facility.
When operations are officially closed due to emergency conditions,
the time off from scheduled work will be paid.
[Amended 5-5-14 by Ord. No. O-5-2014-006]
Longevity is compensation for an employee's years of service
to the Township and is provided to employees in accordance with applicable
collective bargaining agreements.
For management/non-union personnel who are not covered by a
collective bargaining agreement or individual employment contract,
the following longevity compensation is provided in addition to any
raise to which the employee may be entitled:
|
Start of the 5th year
|
5% of base salary
|
|
Start of the 10th year
|
6% of base salary
|
|
Start of the 15th year
|
8% of base salary
|
|
Start of the 20th year
|
9% of base salary
|
|
Start of the 25th year
|
11% of base salary
|
To receive this benefit an employee must be a full-time employee
during each year of service for which they seek longevity pay and
must continue as full-time employees to remain eligible.
Full-time employees hired after June 1, 2014 shall no longer
be eligible for longevity compensation.
Official office hours for full-time administrative employees
are 8:30 a.m. to 4:30 p.m., Mondays through Fridays. Employees who
are not full-time or do not work in the administration building must
check with their supervisor for their schedule.
An employee is expected to report to work at his official start
time and to work exclusively on Township business, excluding the lunch
period, until the end of the official work day.
Accurately recording time worked is each employee's responsibility.
Time worked is time actually spent on the job performing assigned
duties. An employee should accurately record the time he begins and
ends work, as well as the beginning and ending of any meal period,
break, split shift and/or departure from work for personal reasons.
Altering, falsifying, tampering with time records or recording
time on a fellow employee's time record may result in disciplinary
action, up to and including dismissal. It is the employee's responsibility
to sign his or her time record to certify the accuracy of all time
recorded. An employee's department head will review and initial
an employee's time record before submitting it for payroll processing.
Both an employee and his department head must verify the accuracy
of any corrections or modifications made to the time record by initialing
the changes.
Individual departments may have additional procedures which
must be followed with respect to timekeeping, but in no instance may
they be less stringent than these procedures.
When operating needs or other requirements cannot be met during
regular work hours or in cases of emergency, certain employees may
be scheduled to work overtime hours. When possible, an employee will
be provided with advance notice of these mandatory assignments. Overtime
assignments will be distributed as equitably as practicable to those
eligible employees qualified to perform the required work.
All overtime assignments must be approved by an employee's
supervisor prior to the overtime hours being worked. An employee may
not be compensated for overtime worked without prior approval. Engaging
in overtime without prior approval may also result in disciplinary
action, up to and including dismissal.
For employees covered under a collective bargaining agreement,
overtime shall be governed by the agreement.
[Amended 12-26-18 by Ord. No. O-12-2018-049; 12-10-2019 by Ord.
No. O-11-2019-027]
A.
Employees are paid weekly on Fridays. Each paycheck includes earnings
for all work performed by the employee through the end of the previous
payroll period, as certified by the employee's supervisor to
the Finance Department.
B.
It shall be mandatory all employees' checks will be deposited
directly into their bank account. The Finance Department computes
all deductions and adjustments for all checks. Questions concerning
deductions and net pay should be directed to the Finance Department.
In the event that there are any verified discrepancies in an employee's
pay, they will be corrected and adjusted in the next pay period after
verification.
C.
Effective January 1, 2020, all employees will be paid on a biweekly
basis, which is 26 pay periods per year. Paydays will be every two
weeks on a Friday.
D.
Special items such as a clothing allowance, if applicable, may be
included in an employee's regular paycheck, in the Township's
discretion or as set forth in a collective bargaining agreement.
The law requires that the Township make certain deductions from
every employee's compensation. Among these are deductions for
applicable federal, state, and local income taxes and social security
and medicare taxes. The Township matches the amount of social security
and medicare taxes paid by each employee.
The Township offers programs and benefits beyond those required
by law. Eligible employees may authorize deductions from paychecks
to cover the cost of participation in these programs. For instance,
union dues may be deducted from an employee's pay under the terms
of a collective bargaining agreement or pay deductions may be made
to help an employee pay off a debt or other obligation.
The Township takes all reasonable steps to ensure that employees
receive the correct amount of pay in each paycheck and that they are
paid promptly on the scheduled payday. In the event that there is
an error in the amount of pay, the employee should promptly bring
the discrepancy to the attention of the payroll department so that
corrections may be made as quickly as possible.
If an underpayment occurs, it will be corrected in the employee's
next regular paycheck after verification. Overpayments will also be
corrected in the employee's next regular paycheck after verification
unless this presents a burden to the employee, i.e. where there is
a substantial amount owed. In the case of unreasonable burden on an
employee, the Township will attempt to arrange a repayment schedule
with the employee to minimize the burden.
If an employee will be on vacation on a regular pay day, the
employee may receive his earned wages before leaving for vacation.
In order to take advantage of this option, the employee must submit
a written request to the Payroll Department in accordance with procedures
promulgated by that Department.
The Township will reimburse employees for reasonable business
travel expenses incurred while on assignments away from the normal
work location. All business travel must be approved in advance by
the employee's immediate supervisor. The Township reserves the
right to require those attending conferences to share the cost with
the Township.
Employees are entitled to normal pay and benefits while attending
conventions, conferences and seminars relating to Township business.
After travel has been approved, cash advances to cover reasonable
anticipated expenses may be made to an employee who submits a written
request for an advance to his supervisor, which is approved by the
Business Administrator. Any unused portion of the advance must be
returned to the Township immediately upon return.
When travel has been approved, the actual costs of travel, meals,
lodging and other expenses related to accomplishing Township business
will be reimbursed by the Township. Employees are expected to limit
expenses to what is reasonable. Within seven days of return from business
travel, an employee must submit completed travel expense reports along
with receipts for all expenses.
When the presence of a companion will not interfere with successful
completion of business objectives and with prior approval, employees
may be accompanied on business by a family member or friend. Additional
expenses arising from the presence of a companion are not the responsibility
of the Township.
With prior approval, employees may also be permitted to combine
personal travel with business travel. Additional expenses arising
from extended travel time are not the responsibility of the Township.
Vehicles owned, leased or rented by the Township and used for
business travel may not be used for personal use, without the prior
approval of the employee's supervisor. Any employee who is involved
in an accident while traveling on business must promptly report the
incident to his department head. No later than three business days
after return from business travel, the employee must submit a written
incident report regarding the accident.
Abuse of the Township's business travel expense policy,
including, but not limited to falsifying expense reports to reflect
costs not incurred by the employee, may be cause for disciplinary
action, up to and including dismissal.
An employee should ask his supervisor for guidance with respect
to any questions he may have about procedures for travel arrangements,
travel advances, expense reports and reimbursement for specific expenses.
The Township recognizes the need for providing its citizens
with a well-trained workforce. A number of courses and seminars relating
to municipal services are sponsored by several educational and training
institutions throughout the state. Furthermore, the Township Clinical
Coordinator provides training of health and public safety to employees.
The Township encourages the exploration of relevant training
programs and will consider payment of reasonable costs, and fees for
seminars, training courses and related expenses. Consideration of
payment by the Township will require that the employee explore available
courses to be offered and discuss these programs and costs with his
or her supervisor to insure that the appropriate budget considerations
are made to allow for these expenses.
No employee shall be entitled to payment for course costs or
other related expenses unless the written consent of the department
head authorizing enrollment has been received in advance.
Employee safety and health is a major Township concern. It is
essential that an employee's duties are performed in a safe manner
so as to protect the employee and the public. Specific safety rules
are developed by the Township.
To provide a safe and healthy work environment for employees
and the public, the Township has a workplace safety program. The Township
has regular internal communications on this topic such as workplace
safety meetings, bulletin board postings, memorandums and other written
communications.
Employees and supervisors also receive periodic workplace safety
training. The training helps identify potential safety and health
hazards as well as safe work practices and procedures to eliminate
or minimize those hazards.
Employees are expected to obey safety rules and to exercise
caution in all work activities. Employees must immediately report
any unsafe condition to a supervisor. Employees who violate safety
standards, who cause hazardous situations, or who fail to report or,
where appropriate, remedy such situations, may be subject to disciplinary
action, up to and including dismissal.
Safety equipment and protective gear issued to employees must
be worn or utilized while on the job. An employee's failure to
use or wear safety equipment may result in disciplinary action, up
to and including dismissal, against the employee and the supervisor
who failed to ensure that he was using or wearing same, and may also
result in denial of any claim for injury resulting therefrom.
Some of the best safety improvement ideas come from employees.
Those with ideas, concerns, or suggestions about safety in the workplace
are encouraged to discuss them with their supervisor or the Business
Administrator. Reports and concerns about workplace safety may be
made anonymously, if the employee chooses. All reports can be made
without fear of reprisal.
Absenteeism and tardiness increase the burden on other employees
whose workloads are increased so that a satisfactory level of service
may be maintained. For this reason, the Township expects employees
to be reliable and punctual in reporting for work. Excessive absenteeism
and/or tardiness are causes for disciplinary action, as detailed in
the Progressive Discipline section of the Manual, up to and including
dismissal.
All Township employees are expected to report to work and perform
their assigned tasks unless they have been excused from duty, are
ill, are on vacation or the Township is closed for a holiday. Absenteeism
for other reasons is unacceptable.
In an instance where an employee is unable to work as scheduled,
he must telephone his supervisor immediately and where possible at
least one hour before he is scheduled to begin work, indicating the
reason for the absence. (Emergency personnel should notify his supervisor
at least eight hours before he or she is scheduled to begin work).
An employee who anticipates arriving late for work or returning late
from break should telephone his supervisor, indicating the reason
for the lateness and anticipated arrival time.
Absences that precede or follow regularly scheduled days off
or holidays will be presumed unacceptable, unless explained by the
employee. Any period of unsatisfactory attendance will be considered
absence without leave and an appropriate pay deduction will be made
for such period, in addition to Progressive Discipline as detailed
in this Manual.
When an employee's absence or tardiness is unsatisfactory,
unexcused or unacceptable the employee's supervisor will review
this policy with him and explain possible resulting disciplinary actions.
The supervisor shall prepare and sign a written memorandum, noting
the date and substance of the discussion with the employee to be kept
with the employee's attendance records. If no improvement occurs,
the employee's absence or tardiness will be considered excessive
and subject to disciplinary action, as detailed in this Manual.
The Township strives to provide the best available technology
for the benefit of its employees and citizens. Accordingly, the Township
has installed computer systems with e-mail capabilities and internet
access, telephone systems with voicemail capabilities, facsimile machines
and copy machines. All of this equipment is for use in accomplishing
Township business only; no personal use is permitted.
The Township may, at any time, monitor an employee's use
of this equipment. There is no right to employee privacy with respect
to any information placed or stored in Township computer equipment
or telephone equipment. All communications, e-mail, memoranda, letters,
reports, and database(s) on or prepared on a Township computer, is
Township property.
Township computer systems, telephone systems, facsimile machines
and copy machines may not be used by an employee to solicit for personal
commercial ventures, religious or political causes, outside organizations
or for other non-job related solicitations. Furthermore, this equipment
is not to be used to create offensive or disruptive messages, including,
but not limited to, messages which contain sexual innuendo, racial
slurs, gender bias comments, or any other comments which address a
person's age, sexual orientation, religious or political beliefs,
national origin or disability.
The computer system shall not be used to send (upload) or receive
(download) copy-righted materials, proprietary financial information,
or similar materials without prior authorization. Disclosure of any
materials or reference to confidential matters (i.e. pending litigation,
personnel matters, collective bargaining negotiations or other matters
not subject to release under the Open Public Meetings Act) via this
equipment, unless and until approved for release by a department head
or the governing body, as appropriate, is strictly prohibited.
The Township may provide certain codes to restrict access to
computers, electronic mail and voicemail to protect these systems
from unauthorized access by those not employed by the Township. Even
though an employee has access codes, they are not meant to prevent
supervisors, department heads or the Business Administrator from accessing
an employee's computer and telephone. All information placed
or stored in this equipment constitutes Township records and are considered
Township property. The Township reserves the right to obtain access
to any of these systems and to review any and all data stored there.
None of the information is private or confidential.
The Township will inspect the contents of computers and telephone
systems in the course of an investigation triggered by indication
of unacceptable behavior or as necessary to locate necessary information.
The contents of computer systems and telephone systems may be disclosed
by the Township to third parties, including civil enforcement authorities,
as appropriate.
Although Township supervisors have the right to access the computer
and telephone systems of those they supervise, as appropriate, co-employees
may not access each other's computer and telephone systems.
The Township assumes no responsibility for any damages, direct
or indirect, arising from its connections to the Internet.
Municipal staff is cautioned that ideas, points of view and
images can be found on the Internet which are controversial, divergent,
offensive and/or inflammatory. The provision of access for municipal
use does not mean or imply that the Township endorses or sanctions
the content or point of view of any of the information or commentary
which may be found on the Internet. The Internet offers access to
a wealth of information for municipal use. But, because the Internet
is a vast and unregulated information network, it also enables access
to ideas, information, images and commentary beyond the confines of
the Township's mission and policies. Because of this, and the
fact that access points on the Internet can and do change, often rapidly
and unpredictably, the Township cannot protect individuals from information
and images which they might find offensive and disturbing. The Township
assumes no responsibility for such images or information which one
may find offensive or disturbing.
Behaviors considered to violate Township policy with respect
to computer systems and use include, but are not limited to, the following:
A.
Sending harassing, intimidating, threatening or discriminatory messages
through electronic mail or other means;
B.
Chat room usage;
C.
Intentionally intercepting, disclosing or using any electronic communication
to which authorized access is not explicitly provided. Authorized
access includes mail directed to or from an individual, and those
messages intended for public consumption (news groups, bulletin boards,
broadcast messages);
D.
Initiating or encouraging the promulgation of chain letters, unauthorized
automated or mass postings, or other types of unauthorized large-scale
distributions;
E.
Providing others with access to one's personal computer account(s),
or gaining or attempting to gain access to the personal computer accounts,
files, or electronic information of others or to accounts, files or
systems to which authorized access has not been granted;
F.
"Hacking" or related behavior attempting to compromise Township computer
security or the security of remote systems accessed through Township
equipment or systems;
G.
Creating or intentionally releasing computer viruses or engaging
in other destructive or potentially destructive programming activities;
H.
Disruption of timeshare functions or network traffic by recklessly
or intentionally overloading the system or otherwise denying or restricting
the access of others; otherwise interfering with the normal operations
of computers, systems or peripherals;
I.
Modifying, altering or otherwise tampering with systems hardware
or software unless explicitly authorized to do so;
J.
Copying for oneself, or distributing to others, commercial or other
copyrighted software or proprietary data which has not been placed
in the public domain or been distributed as freeware;
K.
Use of Township computers, systems or services to perpetrate fraud,
misrepresentation or illegal activity;
L.
Use of Township computers, systems or services for commercial purposes
or unauthorized financial gain;
M.
Any act chargeable as a violation of local, state or federal law,
whether or not charges are brought by civil authorities.
|
Any of the above behaviors, as well as any other act which violates
this policy or other Township policies or standards affecting use
of information systems technology, subjects an employee to disciplinary
action, up to and including, dismissal.
|
Employees are to use telephones to conduct official Township
business only. Calls must be answered promptly and all callers treated
courteously.
Employees are not authorized to accept collect telephone calls.
Personal telephone calls, except for emergencies, are not permitted
during regular work hours. Long distance personal calls are not permitted
at any time, except in emergencies and with the approval of an employee's
supervisor.
Violations of the telephone usage policy may lead to disciplinary
action, up to and including, dismissal.
Cell phone usage while working is discouraged and should only
be used for emergencies.
[Added 10-5-09 by Ord. No. O-10-2009-031]
All postage and postage materials purchased by the Township,
including but not limited to individual stamps, pre-stamped envelopes,
postcards and postage in the central postage meter, are for the exclusive
use of the Township and intended for government business only. Personal
use of postage is strictly prohibited, including use of Township postage
with the intent to reimburse the Township for the expense. The personal
use of postage may result in disciplinary action.
[Amended 12-26-18 by Ord. No. O-12-2018-049]
Township vehicles and equipment essential to accomplish an employee's
job functions are expensive and may be difficult to fix or replace,
if damaged. Employees utilizing Township property are expected to
exercise care, perform or ensure that required maintenance is performed,
and follow all operating instructions, safety standards and guidelines.
Improper, careless, negligent, destructive or unsafe use or operation
of equipment or vehicles may result in disciplinary action, up to
and including dismissal. An employee who receives an excessive amount
of avoidable traffic or parking violations may be subject to disciplinary
action, up to and including dismissal.
Township vehicles and equipment are to be used for official
Township business only. Only authorized personnel may operate or be
transported in these vehicles and equipment. No personal use of vehicles
or equipment is permitted. Personal use of Township vehicles, equipment
or transport of unauthorized individuals are causes for disciplinary
action, up to and including dismissal.
Employees who have been assigned vehicles are responsible for
ensuring that the vehicles are clean, in good operating condition,
serviced according to the established preventative maintenance schedule
and inspected by the New Jersey Division of Motor Vehicles, as required.
An employee must notify his supervisor if any equipment, machines,
tools or vehicles appear to be damaged, defective or in need of repair.
Prompt reporting of damage, defects, and the need for repair may prevent
deterioration of equipment. An employee with questions about his responsibility
for maintenance and care of equipment or vehicles should consult his
supervisor.
Any employee who is involved in an accident with Township property,
equipment or vehicles, no matter how minor, must report the incident
immediately to his department head. Written reports must be prepared
and filed. For accidents involving vehicles, the report must include
the date, time and location of the accident, the name, address and
driver's license number of all drivers involved in the accident,
the name and address of all passengers, all vehicle license plate
numbers and insurance policy information. Employees may be liable
for damages incurred to Township equipment, property or vehicles if
such damage is the result of employee negligence, recklessness or
intentional acts. Employees operating commercial vehicles on behalf
of the Township must submit to post-accident drug testing. Other employees
may be required to submit to such testing if requested by his supervisor
or department head.
All tickets issued to Township employees while operating Township
vehicles must be reported to the department head. All tickets issued
to Township vehicles while being used by a Township employee must
be reported to the department head. Department heads must report all
tickets immediately to the Business Administrator for a determination
whether the Township will defend the Township employee or pay any
tickets.
Employees aware of abuse of Township property, equipment or
vehicles are obligated to report the abuse to the department head.
Employees reporting the abuse must identify themselves. The department
head will log the information, investigate it and submit a formal
report to the Business Administrator. No reprisal against an employee
reporting such abuse is permitted.
The Township may install a global positioning system (GPS) in
Township-owned vehicles. In implementing these GPS systems, the Township
will ensure compliance with federal, state and local laws governing
such usage. The intent of the GPS is to provide an effective deploying
resource, improved operational efficiency and customer service. Department
Heads will oversee the implementation and operation of the program
in their department.
Employees shall not entertain personal visitors during work
hours.
Employees on duty may not engage in child care. In an emergency
situation, the employee must have the prior approval of the Business
Administrator to bring a child to work.
Violations of the policy on personal visitors may lead to disciplinary
action, up to and including, dismissal.
[Added 10-5-09 by Ord. No. O-10-2009-031]
Appropriate dress, grooming and personal cleanliness of Township
employees are important factors in shaping the public's opinion
of the Township and its personnel. Township employees are expected
to present themselves in a neat, orderly, business-like manner and
to dress appropriately for the work they are to perform.
Certain employees may be required to wear a uniform. If so,
uniforms must be worn during all working hours. Shabby, unclean or
worn out uniforms are unacceptable.
All employees must possess and display employer-provided photo-ID
during all working hours.
Any rules for dress outlined in collective bargaining agreements
must be strictly followed. Failure to dress appropriately or follow
rules pertaining to dress outlined in collective bargaining agreements
may result in disciplinary action.
[Amended 12-26-18 by Ord. No. O-12-2018-049]
In accordance with state law and the Township's goal of
providing a healthy work environment, smoking is not permitted inside
any public building or any municipal owned vehicle.
The Township is committed to preventing workplace violence and
to maintaining a safe work environment. Given the increasing violence
in society in general, the Township has adopted the following guidelines
to deal with intimidation, harassment, or other threats of (or actual)
violence that may occur during business hours or on any Township work
site.
All employees, including supervisors and temporary employees,
should be treated with courtesy and respect at all times. Employees
are expected to refrain from fighting, "horseplay," or other conduct
that may be dangerous to others. Firearms, weapons, and other dangerous
or hazardous devices or substances are prohibited on any Township
work site without proper authorization.
Conduct that threatens, intimidates, or coerces another employee
or a member of the public at any time, including off-duty hours, will
not be tolerated. This prohibition includes all acts of harassment,
including harassment that is based on an individual's sex, race,
national origin, ancestry, age, marital status, affectional or sexual
orientation, veteran status, age, disability or any other characteristic
protected by federal, state, or local law.
All threats of (or actual) violence, both direct and indirect,
should be reported as soon as possible to an employee's immediate
supervisor or any other member of management. This includes threats
by employees, as well as threats by customers, vendors, solicitors,
or other members of the public. When reporting a threat of violence,
the employee should be as specific and detailed as possible.
All suspicious individuals or activities should also be reported
as soon as possible to a supervisor. Do not place yourself in peril.
If you see or hear a commotion or disturbance near your work station,
do not try to intercede or see what is happening.
The Township will promptly and thoroughly investigate all reports
of threats of (or actual) violence and of suspicious individuals or
activities. The identity of the individual making a report will be
protected as much as is practicable. In order to maintain workplace
safety and the integrity of its investigation, the Township may suspend
employees, either with or without pay, pending investigation.
Anyone determined to be responsible for threats of (or actual)
violence or other conduct that is in violation of these guidelines
will be subject to prompt disciplinary action up to and including
dismissal. If the responsible individuals are not employees, the Township
will take all appropriate legal action to prevent any further incidents
or to punish the offenders.
The Township encourages employees to bring their disputes or
differences with other employees to the attention of their supervisors
or the Business Administrator who will consult with or refer the matter
to the Clinical Coordinator before the situation escalates. The Township
is eager to assist in the resolution of employee disputes, and will
not discipline or otherwise retaliate against employees for raising
such concerns.
It is Township policy to create a drug free workplace.
This policy is submitted by the Township in compliance with
FMCSR Federal Motor Carrier Safety Regulations 49 CFR Part 382, to
conform to a drug and alcohol free workplace within the transportation
industry.
A.
Positions tested. All drivers, owner/operators, drivers-for-hire,
temporary drivers and contractors who operate a commercial motor vehicle
will be drug tested in accordance with federal regulations.
B.
ACCIDENT
ALCOHOL
ALCOHOL CONCENTRATION
BAT
CHAIN OF CUSTODY
COLLECTION PERSON
COLLECTION SITE
CONFIRMATION TEST
CONTRACT TOWNSHIP
CONTRACTORS
COVERED EMPLOYEES
DHHS
DOT
DPM
DRUG AND ALCOHOL POLICY
EBT
FHWA
MRO
PASSING A DRUG OR ALCOHOL TEST
PROHIBITED DRUG OR ALCOHOL
REFUSE TO SUBMIT
(1)
(2)
(3)
SAFETY SENSITIVE FUNCTION
SUBSTANCE ABUSE PROFESSIONAL (SAP)
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
An occurrence associated with the operation of a commercial
vehicle which takes place between the time any person boards the vehicle
with the intention of driving and in which death occurs, or in which
the commercial vehicle receives substantial damage.
The intoxicating agent in beverage alcohol, ethyl alcohol,
or other low molecular weight alcohols including methyl and isopropyl
alcohol.
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.
Breath Alcohol Technician.
Procedures to account for the integrity of each urine specimen
by tracking its handling and storage from point of specimen collection
to final disposition of the specimen. These procedures shall require
that an approved chain of custody form(s) be used from time of collection
to receipt by testing laboratory and that upon receipt by the laboratory,
an appropriate laboratory chain of custody form(s) account for the
sample or sample aliquots within the laboratory.
A person who instructs and assists individuals at a collection
site and who receives and makes initial examination of the urine specimen
provided by those individuals presenting themselves for testing.
A place designated by the Township and meeting the federal
requirements, where individuals present themselves for the purpose
of providing a specimen of their urine to be analyzed for the presence
of drug abuse.
For alcohol testing means a second test, following a screening
test with a result of 0.02 or greater, that provides quantitative
data of alcohol concentration. For controlled substances testing means
a second analytical procedure to identify the presence of a specific
drug or metabolite which is independent of the screen test and which
uses a different technique and chemical principle from that of the
screen test in order to ensure reliability and accuracy. (Gas chromatography/
mass spectrometry for cocaine, marijuana, opiates, amphetamines, and
phencyclidine.)
An individual, Township or an organization with whom the
Township has a written or verbal contract for services, and whose
employees are required to be subjected to drug testing. Contract Township
employees are required to be drug tested under this plan, or a plan
that meets the requirements of the FHWA, subjected to approval by
the Township.
NOTE: A Township is not considered to be a contract Township
if it provides or services only on a limited or one-time basis.
Any contractor whose contract requires holding a Commercial
Driver's License (CDL) to work for 90 days or more in any period
of 365 days.
All employees, except seasonal employees, directly employed
by the Township including all drivers, owner/operators, drivers-for-hire,
temporary drivers and contractors but not excluding those employees
who deal with the direct safety sensitive and/or operational divisions
of the same, and those others deemed eligible by the Township.
Department of Health and Human Services.
Department of Transportation.
Drug Program Manager.
The policy set up by the Township to provide the necessary
elements to promote a drug and alcohol free working environment in
the transportation industry, hereinafter referred to as "policy."
Evidential Breath Test.
Federal Highway Administration.
Medical Review Officer.
Passing a drug or alcohol test means that the test does not
show positive evidence of a prohibited drug, drug metabolite or alcohol
in an employee's system.
For purposes of this policy, they are as follows: marijuana,
cocaine, opiates, amphetamines, phencyclidine (PCP) and alcohol.
(To an alcohol or controlled substance test) means that a
driver:
Fails to provide adequate breath for testing without a valid
medical explanation after he or she has received notice of the requirement
for breath testing in accordance with the provisions of Part 382;
Fails to provide adequate urine for controlled substances testing
without a valid medical explanation after he or she received notice
of the requirement for urine testing in accordance with the provisions
of Part 382; or
Engages in conduct that clearly obstructs the testing process.
Drives Township vehicle, operates equipment, operates power
tools, involved in a confined space program, or any function which
could reasonably jeopardize the health, safety or general welfare
of themselves, other employees, customers, or the general public at
large.
A licensed physician (medical doctor or doctor of osteopathy),
or a licensed or certified psychologist, social worker, employee assistance
professional or addiction counselor (certified by the National Association
of Alcoholism and Drug Abuse Counselors Certification Commission)
with knowledge of and clinical experience in the diagnosis and treatment
of alcohol and controlled substances-related disorders.
A.
Purpose. The purpose of the policy is to create a drug free workplace.
Also, the Department of Transportation (DOT) and the Federal Highway
Administration (FHWA) have issued a rule (49 CPR Parts 40 and 382)
requiring alcohol and controlled substance testing of drivers who
are required to have a commercial drivers license (CDL). These rules
include procedures for urine drug testing and breath alcohol testing.
The purpose of this policy is to establish an alcohol and controlled
substances testing program to help prevent accidents and injuries
resulting from the misuse of these substances by drivers of commercial
motor vehicles. Consequently, the employer must establish an alcohol
misuse prevention program and anti-drug program as well as the subsequent
enforcement of violations for its employees conducting safety-sensitive
job functions.
B.
Policy. The purpose of this policy is to ensure employees' fitness
for duty and to protect our employees and the public from risk posed
by workers use of alcohol and drugs. This policy is intended to comply
with all the applicable federal regulations governing work-place alcohol
and drug misuse. The Township strictly prohibits the use of alcohol
and/or controlled substances by employees and volunteers who are performing,
ready to perform, ceasing to perform or supervising the performance
of safety-sensitive functions including:
(1)
All time spent at a facility waiting to be dispatched;
(2)
All time spent inspecting equipment;
(3)
All time spent driving a commercial motor vehicle;
(4)
All time spent in or on a commercial motor vehicle except resting
time;
(5)
All time spent loading or unloading;
(6)
All time spent performing driver requirements relating to accidents;
(7)
All time spent repairing, assisting or attending a disabled
commercial motor vehicle;
(8)
All time spent performing any other work while on duty;
(9)
All time spent supervising employees performing or otherwise
conducting safety-sensitive functions;
(10)
All time spent providing a breath sample, urine specimen, including
travel time to and from the collection site, in order to comply with
testing as directed by the employer.
C.
Employees subject to testing. All drivers who hold a CDL for interstate
and intrastate transportation, will be tested in accordance with Federal
Motor Carrier Regulation for the use of prohibited drugs and misuse
of alcohol. All employees who operate a Township vehicle (regardless
of CDL license or not) are also subject to the above testing.
D.
Pre-employment. The Township will, at time of application for employment
require all applicants to be drug tested prior to hiring, except those
applicants seeking seasonal employment. No employer shall allow a
driver to perform safety sensitive functions unless the driver has
received a controlled substances test result from the medical review
officer indicating a verified negative test result. In the event an
applicant tests positive, the Township will not hire or rehire the
applicant at that point in time. This does not preclude the Township
from hiring the applicant at a later date, provided applicant can
show proof that he or she has satisfactorily completed a rehabilitation
program approved by the substance abuse professional.
In this case, prior to being hired, applicant will submit to
another test.
E.
Prohibited alcohol usage.
(1)
Alcohol consumption is prohibited:
(a)
At any time during the four hours prior to performing a safety-sensitive
function;
(b)
At any time while performing a safety-sensitive function; and
(c)
For eight hours after an accident involving a commercial motor
vehicle when a post-accident alcohol test is required (see post-accident
testing provisions).
(2)
Reporting for duty or remaining on duty with a blood alcohol
concentration of 0.04 percent or greater is prohibited.
(3)
Performing safety-sensitive functions after a positive alcohol
test indicating a blood alcohol concentration of 0.02 percent is prohibited.
(4)
Using, possessing, dispensing, distributing or receiving alcohol
while on duty is prohibited. This prohibition includes medications
that contain alcohol.
F.
Prohibited drug usage.
(1)
The unauthorized use of any controlled substance is strictly
prohibited in all situations.
(2)
Reporting to work under the influence of a prescription drug
is prohibited unless the employee's physician determines that
the use of the prescription drug will not impair the employee's
ability to perform a safety-sensitive function. Legally prescribed
drugs must include documentation of the patient's name, the substance
name, the quantity to be taken and the period of authorization. Any
such prescription must be checked in with the employee's supervisor.
The employee should possess only the quantity prescribed during that
shift.
It is the responsibility of employees to remove themselves from
service if they are experiencing any adverse effects from medication
that would affect their ability to safely perform any safety-sensitive
function.
G.
Other prohibited conduct.
(1)
The following conduct is also strictly prohibited under this
policy:
(a)
Deliberately misusing the policies and procedures herein by
any employee in regard to any subordinate is strictly prohibited.
(b)
Providing false information in connection with any test or altering,
tampering with, contaminating, adulterating or substituting any test
sample by any means is strictly prohibited.
(c)
Any employee, reporting for extra duty, without informing the
employer of ineligibility due to the consumption of alcohol or use
of a controlled substance.
(2)
Any employee who violates any of the above provisions shall
be subject to all disciplinary actions consistent with Township policies
including dismissal.
H.
Test refusal prohibited. Refusal to submit to an alcohol or controlled
substance test required by this policy is prohibited.
I.
Refusal.
(1)
Refusal to submit to an alcohol or controlled substance test
means any of the following:
(a)
Failing to provide adequate breath for alcohol testing without
a valid medical explanation after receipt of notice of the requirement
of breath testing.
(b)
Failing to provide adequate urine for controlled substance testing
without a valid medical explanation after receipt of the notice of
the requirement for urine testing.
(c)
Unnecessarily leaving the scene of an accident before a post-accident
test is administered or failing to be readily available for post-accident
testing.
(d)
Failing to report to, and undergo alcohol and/or controlled
substance testing, at a collection site as required, obstructing the
taking of the test at the collection site, or attempting to alter
or tamper with the test sample.
(2)
An alcohol test refusal shall be treated as if the employee
had tested at 0.04 percent or greater.
(3)
A controlled substance test refusal shall be treated as a positive
test result for unauthorized use of controlled substances.
J.
Required tests. Reasonable suspicion, random, post-accident, return
to duty tests, and follow-up tests for alcohol and/or controlled substances
are required under this policy.
(1)
Reasonable suspicion.
(a)
An employee must be tested if there is reasonable suspicion
to believe that the employee has violated the alcohol or drug usage
prohibitions, or if the employee's behavior and appearance indicate
noncompliance with this policy. Reasonable suspicion means suspicion
based on a specific contemporaneous, personal observation by a supervisor
or official who has been trained in accordance with the provisions
of 49 CFR Part 382.603 of appearance, behavior, including job performance,
speech or body odors, including breath.
(b)
Reasonable suspicion testing is permitted under this policy
only if the observation is made during, just preceding or just after
any time the employee is required to comply with this policy.
(c)
A written record of the observations leading to an alcohol reasonable
suspicion test, signed by the supervisor or official that made the
observations, must be made within 24 hours of the test.
(d)
A written record of the observations leading to a controlled
substance reasonable suspicion test, signed by the supervisor or official
that made the observations, must be made within 24 hours of the observed
behavior or before the results of the controlled substance test are
released, whichever is earlier.
(e)
Once a reasonable suspicion determination is made, the employee
shall cease to perform safety-sensitive functions and the supervisor
or official shall transport the employee to the collection site. The
employee to be tested shall be transported to the collection site
not later than eight hours after the reasonable suspicion determination.
If the drug or alcohol test is conducted more than two hours but less
than eight hours after the reasonable suspicion determination, the
supervisor or official shall complete a report explaining the reason
for the delay in conducting the drug or alcohol test.
(f)
If a breath test is performed and establishes a blood alcohol
concentration percent of 0.02 percent or greater, the employee shall
not be permitted to return to work and shall be placed on leave without
pay until a decision as to the employee's status has been made.
(g)
If a blood or urine test is performed, the employee shall not
be permitted to return to work until the test results are known and
a decision as to the employee's status has been made. The Township
will contact the employee once the test results are known (this could
take 24 to 48 hours).
(2)
Random testing. This test is used to eliminate risks associated
with illegal or unauthorized drug and alcohol use. Random alcohol
and drug testing will be conducted just before, during or just after
employer's performance of safety-sensitive duties. The employee
will be randomly selected for testing from a pool of employees subject
to testing. The testing dates and times are unannounced and will occur
with unpredictable frequency throughout the year. The employee will
be notified of the requirement to be tested and must report to the
collection site for testing at the appointment time.
If an employee is randomly chosen for testing on a day that
the employee is on an authorized leave, the work supervisor shall
not disclose the selection and notify the employee of the random testing
requirement upon returning to work from leave.
Testing of employees who remain in the testing pool and are
chosen at a time when they are in pay status will be deferred until
the next testing period when they are in pay status.
The minimum annual percentage rate for random alcohol testing
shall be 25% of the average number of employees in safety-sensitive
positions. The minimum annual percentage rate for random drug testing
shall be 50% of the average number of employees in safety-sensitive
positions.
(3)
Post-accident testing. As soon as practicable following an accident,
an employee shall be tested for alcohol and drugs if the employee
was performing a safety-sensitive function and the accident involved
a 1) loss of human life; 2) the employee was cited under state or
local law for a moving traffic violation arising from the accident
and a person is injured in the accident and immediately receives medical
treatment away from the scene of the accident; or 3) the employee
receives a citation under state or local law for a moving traffic
violation and any of the vehicles involved in the accident were required
to be towed from the scene.
An employee shall be subject to and shall undergo a post-accident
alcohol breath test not later than eight hours after the accident.
If the test is not administered within two hours following the accident,
a record shall be prepared and placed on file stating the reasons
the test was not administered earlier.
An employee shall be subject to and shall undergo a post-accident
drug test not later than 32 hours after the accident.
An employee shall be readily available for post-accident testing.
Failure to do so may be deemed a test refusal.
(4)
Testing positive. No driver shall report for duty, remain on
duty or perform a safety-sensitive function, if the driver tests positive
for controlled substances. No employer having actual knowledge that
a driver has tested positive for controlled substances shall permit
the driver to perform or continue to perform safety-sensitive functions.
No commercial motor vehicle driver shall report for duty or
remain on duty requiring the performance of safety-sensitive functions
while having an alcohol concentration of 0.02 or greater. No employer
having actual knowledge that a commercial motor vehicle driver has
an alcohol concentration of 0.02 or greater shall permit the driver
to perform or continue to perform safety-sensitive functions until
the start of the driver's next regularly scheduled duty period,
but not less than 24 hours following administration of the test.
Any driver who has tested positive for drug abuse and/or alcohol
misuse will be suspended from duty without pay until such time as
a successful rehabilitation program is completed and a negative test
result is achieved. The maximum time out shall be no longer than 45
days from suspension, with a 14 day optional extension at the discretion
of the Business Administrator. Drivers who test positive will be evaluated
by a substance abuse professional who shall determine what assistance,
if any, the driver needs in resolving problems associated with alcohol
misuse and/or controlled substances abuse. Third offense positives
will result in immediate termination.
(5)
Return to duty. An employee who has engaged in prohibited conduct
related to drug or alcohol misuse under this policy shall undergo
a return-to-duty drug and/or alcohol test before they will be permitted
to perform safety-sensitive functions. The return-to-duty test results
must show a verified negative result for controlled substances and
an alcohol concentration of less than 0.02 percent.
An employee who has engaged in prohibited conduct related to
drug or alcohol misuse under this policy shall also be evaluated by
a substance abuse professional before they will be permitted to return
to duty.
(6)
Follow-up testing. An employee who has engaged in prohibited
conduct related to drug or alcohol misuse under this policy shall
be subject to at least six random tests during the 12 month period
after returning to duty with the possibility of follow-up testing
for up to 60 months after the employee returns to duty.
K.
Test confidentiality. Confidentiality is maintained throughout the
drug/alcohol testing process. All positive test results are first
forwarded to a Medical Review Officer (MRO) for review. The MRO reviews
the individual medical history and affords the employee an opportunity
to offer any clarifying information that would explain the positive
test. Records shall be maintained in the strictest of confidence in
a medical file separate from the official personnel file. In cases
where disciplinary action results from a positive test, such information
is shared only with those in a supervisory capacity involved in that
action. Upon a written employee request, such information will also
be made available to the employee's representatives. The Township
will carry out this policy in a manner which respects the dignity
and confidentiality of those involved.
L.
Test procedures.
(1)
Alcohol. Employees will be required to submit to breath testing
using an evidential breath testing (EBT) device administered by a
state-certified breath alcohol technician (BAT). Two breath tests
are required to determine if an employee has a prohibited alcohol
concentration. An initial screening test is conducted first. Any result
less than 0.02% BAC is considered a "negative" test; if the alcohol
concentration is 0.02% BAC or greater, a second or confirmation test
must be conducted. The BAT will follow procedures that will assure
the integrity of the testing, safeguard validity of the test results
and insure that those results are attributed to the correct driver.
(a)
Preparation for breath alcohol testing.
[1]
When the employee enters the collection site, the BAT will require
him or her to provide positive identification (i.e. photo ID or employer
identification).
[2]
The BAT will explain the test procedure.
[3]
Employees will be required to complete and sign various forms
used to document the testing process. Refusal to sign the test form(s)
or provide proper identification will be regarded as a refusal to
take the test.
[4]
Employees will be instructed to blow forcefully into the mouthpiece
for at least six seconds or until the EBT indicates that an adequate
amount of breath has been obtained.
[5]
If an employee tests positive during the screening test, he/she
shall not eat, drink, put any object or substance in his or her mouth
and, to the extent possible, not belch during the 20 minute waiting
period before the confirmation test.
If a confirmation alcohol test measures .04 percent blood alcohol
concentration or greater, the employer is required to:
[a]
Remove the employee from the safety-sensitive position.
(The employee will be sent home without pay.)
[b]
Advise the employee of the resources available
regarding evaluation and resolution of problems with the use of controlled
substances and the misuse of alcohol.
[c]
Have the employee evaluated by a substance abuse
professional who shall determine what assistance, if any, the employee
needs in resolving problems associated with alcohol misuse and controlled
substance abuse.
[d]
Have the employee retested at least six times at
random during the next year with the possibility of follow-up testing
for up to 60 months.
[e]
Ensure that the employee tests less than 0.02 percent
blood alcohol concentration before the employee is allowed to return
to duty.
[6]
[a]
If the confirmation test level is equal to or greater
than 0.02 but less than 0.04 percent blood alcohol concentration,
the employee will be removed from the safety-sensitive position and
sent home for 24 hours and will not be permitted to return to work
until another breath test is administered and the result is less than
0.02% BAC.
[b]
If a breath test cannot be administered, the employee
must be removed from performing safety-sensitive duties for at least
24 hours. In the event that an employee is required to comply with
breath or blood alcohol testing as a result of a law enforcement investigation,
the test will be considered enforceable for the purpose of this policy
if the test conforms to the applicable federal, state or local requirements
for that testing.
(2)
Controlled substances.
(b)
Drug testing is conducted by analyzing an employee's urine
specimen. The certified testing lab will follow procedures that will
assure the integrity of the testing, safeguard the validity of the
test results, and ensure that those results are attributed to the
correct employee. This procedure will include split specimen. Each
urine specimen is subdivided into two bottles labeled as a "primary"
and a "split" specimen. Both bottles are sent to a lab. Only the "primary"
is opened and used for the urinalysis. The split specimen bottle remains
sealed and is stored at the lab. If the analysis of the primary specimen
confirms the presence of illegal or controlled substances, the employee
has 72 hours to request the split specimen be sent to another certified
laboratory for analysis.
(c)
Preparation for drug testing.
[1]
When the employee enters the collection site, the employee will
be required to provide positive identification (i.e. photo ID or employer
identification).
[2]
The employee will be instructed to provide at least 45 ml of
urine under the split sample method of collection. This will be done
in a specifically designated "donor" bathroom.
[3]
The urine sample shall be divided into a primary specimen (30
ml) and a split specimen (15 ml).
[4]
If the test result of the primary specimen is positive, the
employee may request within 72 hours, that the Medical Review Officer
(MRO) direct that the split sample specimen be tested in different
DHHA-certified laboratory for the presence of the drug(s) for which
a positive result was obtained in the test of the primary specimen.
[5]
MRO review required.
[a]
All drug test results must be reviewed and interpreted
by a physician Medical Review Officer (MRO) before they are reported
to the employer.
[b]
If the laboratory reports a positive result to
the MRO, the MRO contacts the employee (in person or by telephone)
and conducts an interview to determine if there is an alternative
medical explanation for the drugs found in the employee's urine
specimen. If the employee provides an appropriate documentation and
the MRO determines that it is legitimate medical use of the prohibited
drug, the drug test result is reported as negative to the employer.
[6]
Removal from performing a safety-sensitive function is not stayed
pending the result of the test of the split specimen.
[7]
If the result of the test of the split specimen fails to reconfirm
the presence of the drug(s) or drug metabolite(s) found in the primary
specimen, the MRO shall cancel the test.
[8]
Employees will be required to complete and sign various forms
used to document the testing and chain of custody process. Refusal
to sign the test form(s) or provide proper identification will be
regarded as a refusal to take the test.
(d)
As with an alcohol misuse violation, the employer is required
to act upon a positive drug test result in the following manner:
[1]
Remove the employee from the safety-sensitive position. (The
employee will be sent home without pay.)
[2]
Refer the employee to the Employee Assistance Program (EAP)
for advice on what information is available on evaluating and resolving
problems associated with the misuse of alcohol and controlled substances.
[3]
The employee must be evaluated by a substance abuse professional
who shall determine what assistance, if any, the employee needs to
resolve problems associated with the misuse of alcohol or the use
of controlled substances.
[4]
The employee must have a negative result on a return-to-duty
drug test.
[5]
Follow-up testing to monitor the employee's continued abstinence
from drug use will be required at least six times in the first 12
months after return-to-duty and up to 60 months.
M.
Discipline. In addition to the consequences and sanctions prescribed
by Federal Highway Administration regulations for engaging in prohibited
conduct as defined by 49 CFR Section 482, the Township may administer
separate and independent disciplinary actions. Such discipline shall
be consistent with Township policies and may include measures up to
and including dismissal. Third offense positives will result in immediate
termination.
N.
Amendment. The Township reserves the right to amend this policy at
any time and for any reason.
The Township cares about the health and well-being of its employees
and acknowledges that a variety of personal problems can disrupt an
employee's personal and work life. The Township recognizes that
there are times when an employee needs professional assistance and
advice in dealing with these problems. Minor problems can become major
issues if ignored.
The Township provides an Employee Assistance Program (EAP) under
the Township's Clinical Coordinator. Through that program the
Township will provide confidential access to professional counseling
services for help in confronting such problems as alcohol or other
substance abuse, marital and family difficulties, financial or legal
troubles, serious illness and emotional distress. EAP offers problem
assessment, short-term counseling, and referral to appropriate community
and private services.
EAP is strictly confidential and is designed to safeguard your
privacy and rights. No information related to an employee's use
of EAP is entered into the employee's personnel file.
Any costs not covered by health insurance are the responsibility
of the employee.
Requests for EAP counseling may be made directly to the Clinical
Coordinator, Business Administrator or a supervisor.
It is the objective of the Township to provide all employees
with a suitable working environment free from all forms of unlawful
discrimination and conduct which can be considered harassing, coercive
or disruptive, including sexual harassment. Sexual harassment is a
form of employee misconduct which undermines the integrity of the
employment relationship. Sexual harassment debilitates morale and
interferes with work productivity and shall not be tolerated in the
Township.
A.
Definition and examples of sexual harassment. Unwelcome sexual advances,
requests for sexual favors and other verbal or physical conduct (overt
or subtle) based on gender constitute sexual harassment when, for
example:
(1)
Submission to such conduct is made, either explicitly or implicitly,
a term or condition of an individual's employment;
(2)
Submission to or rejection of such conduct by an individual is used
as the basis for employment decisions affecting such individual; or
(3)
Such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance, creating an intimidating,
hostile or offensive working environment. Gender-based harassment
may give rise to a claim of a hostile environment, whether or not
sexual activity or language is involved, if it has the purpose or
effect of abusing, devaluing or subordinating the members of one sex,
and it adversely affects an individual's employment opportunities.
(4)
Such conduct consists of unwelcome behavior of a sexual nature or
based on sex that is not directed at an individual but is a part of
an individual's work environment.
(5)
Such conduct is similar to these examples of prohibited behaviors
which may constitute sexual harassment. The prohibited behaviors include,
but are not limited to:
(a)
Generalized gender-based remarks and comments;
(b)
Inappropriate or offensive unwanted physical contact such as
intentional touching, grabbing, pinching, brushing against another's
body or impeding or blocking movement;
(c)
Verbal or written sexually suggestive or obscene comments, jokes
or propositions including letters, notes, e-mail, invitations, gestures
or inappropriate comments about a person's clothing;
(d)
Visual contact, such as leering or staring at another's
body, gesturing, displaying sexually suggestive objects, cartoons,
posters, magazines or pictures of scantily-clad individuals; or
(e)
Continuing to engage in certain behaviors of a sexual nature
after an objection has been raised by the target of such inappropriate
behavior.
B.
Procedures and expectations.
(1)
Managerial staff and supervisors. In order to ensure the integrity
of the work environment, managerial and/or supervisory personnel are
required to make every effort to ensure adherence to and compliance
with this policy. All allegations of harassment should be taken seriously.
Upon being informed of possible sexual harassment, managerial staff
and supervisors are required to take appropriate immediate action
in response, including informing employees of their right to file
a discrimination complaint with the Business Administrator, who shall
promptly investigate the complaint.
(2)
Employees. Any employee who believes that she or he has been subjected
to any form of sexual harassment, or who witnesses others being subjected
to such harassment, is encouraged to promptly report the incident(s)
to her or his supervisor or the Business Administrator. Employees
are also encouraged, whether directly or through a third party, to
notify the alleged harassing individual that the behavior in question
is offensive and unwelcome. However, failure to do so does not preclude
filing a complaint.
(3)
Content of complaint. The complaint filed must be written and must
include the following information:
(a)
The name and department of the complainant;
(b)
The name and department of the charged party;
(c)
The nature and circumstances, in detail, of the alleged sexual
harassment, including but not limited to, the injuries, consequences
or reactions suffered by the complainant, the names of any witnesses
to such actions and the duration of the actions questioned;
(d)
Whether such harassment has previously taken place and, if so,
when; and
(e)
Whether such harassment has been previously reported to a supervisor
or other person and, if so, when and to whom.
|
Nothing in this section shall prevent the complainant from providing
other information or documents she or he believes are essential to
the fair adjudication of the case.
|
(4)
Investigation of complaints. A complaint of sexual harassment shall
be referred to and investigated by the Business Administrator in a
timely manner and shall include but not be limited to:
(a)
Interviewing the complainant in detail;
(b)
Interviewing all potential witnesses, including those persons
who may have knowledge of similar incidents;
(c)
Interviewing the charged party in detail;
(d)
Reviewing municipal files for similar incidents involving the
complainant and the charged party; and
(e)
Assessing the presence or absence of corroborating evidence
for either party.
(5)
Confidentiality. To the extent possible, the sexual harassment proceedings
will be conducted in a manner to protect the confidentiality of the
complainant, the alleged harasser and all witnesses. All parties involved
in the proceedings will be ordered to maintain strict confidentiality,
from the initial meeting to the final decision, to safeguard the privacy
and reputation of all involved.
(6)
Retaliation. It shall be a violation of this policy for any employee
to take reprisals against any person because he or she has filed a
complaint, testified or assisted in any proceedings under this policy.
Threats, other forms of intimidation and/or retaliation against the
complainant or any other party based on involvement in the complaint
process may be cause for disciplinary action.
(7)
Protection of all parties. All complaints will be addressed by the
Business Administrator in accordance with this policy. The alleged
harasser will be notified once a complaint is filed with the Business
Administrator. A finding of probable cause as a result of an investigation
does not necessarily establish that an accusation is true. However,
this policy shall not be used to intentionally bring frivolous or
malicious charges against any employee.
(8)
Disciplinary action. Disciplinary action for employees found in violation
of this policy may be progressive in nature, but is not required to
be, and may include:
(9)
False accusations. Since a charge of sexual harassment is a grave
and serious one, false accusations of sexual harassment are, and will
be treated as, a disciplinary offense and will result in a level of
punishment appropriate for a person actually engaging in such behavior.
A person who knowingly and/or recklessly fails to give truthful testimony
shall also be guilty of having made false accusations and shall be
subject to disciplinary action.
The Township and all of its employees recognize that the citizens
of Monroe expect and are entitled to receive service of the highest
quality. The Township and its employees will cooperate with each other
to provide such service. Every Township employee, including supervisory
employees, will maintain the present level of productivity and will
always strive to increase their level of productivity, thus enabling
the Township to continue to improve services to its residents. The
Township may utilize informal performance evaluations to ensure delivery
of quality services and foster improvements in employee productivity.
Supervisors and employees are strongly encouraged to discuss
job performance and goals on an informal, day-to-day basis. Performance
reviews are conducted to provide both supervisors and employees the
opportunity to discuss job tasks, identify and correct weaknesses,
encourage and recognize strengths, and discuss positive, purposeful
approaches for meeting any goals established during the review.
For new or newly promoted employees, formal performance evaluations are conducted at the end of any provisional period as described in Section 78-15, "Provisional period," of this Manual.
Supervisors and department heads have the responsibility to
discipline employees who do not conduct themselves in the best interest
of the Township and its citizens. When an employee fails to fulfill
her or his obligations as a Township employee, she or he may receive
a verbal reprimand, a written reprimand, a suspension, demotion or
dismissal. Written reprimands, suspension notices and dismissal notices
must be in writing and a copy must be filed with the Business Administrator.
All demotions and dismissals are subject to approval by the Mayor.
A disciplinary action may be initiated by a supervisor, department
head or the Business Administrator. When the discipline that an employee
faces is either a suspension, demotion or dismissal, she or he shall
be served with written notice of the charges against her or him. The
employee may then choose to plead guilty or not guilty to those charges.
The employee must advise of her or his decision to plead guilty or
not guilty in writing. If the employee pleads guilty, she or he will
be disciplined as outlined in the charges. If the employee pleads
not guilty, she or he shall be entitled to a disciplinary hearing
before the Business Administrator or his designee. After the hearing,
the Business Administrator or his designee will advise the employee,
in writing, of his decision.
The following section sets forth behaviors which may be subject
to disciplinary action and the suggested action to be taken in response.
This list is not meant to be all-inclusive and shall not be interpreted
to deprive any supervisor, department head or the Business Administrator
of the discretion to address any disciplinary situation as she or
he deems appropriate based upon all of the circumstances.
In the commission of a continuing offense, it is the Township's
policy that every day that the offense continues shall count as a
separate offense. Exceptions to this policy may be permitted under
certain extenuating circumstances.
[1]
Editor's Note: Disciplinary action related to uniformed police
personnel is not governed by this section.
A.
Specific offenses.
(1)
Absence without leave (any absence from work which has not been
approved); or leave used for a purpose other than for which it was
requested and granted.
(a)
First offense: Official written reprimand and suspension of
one to three days, charging the absence to leave without pay or, if
absence exceeds three consecutive days, dismissal.
(b)
Second offense: four to 10 day suspension, charging the absence
to leave without pay or, if absence exceeds three consecutive days,
dismissal.
(c)
Third offense: Dismissal.
(3)
Careless or negligent failure to observe any written regulation
or order prescribed by the administration.
(4)
Chronic or excessive absenteeism.
(a)
First offense: Official written reprimand and one to three day
suspension, or in extreme cases, if, in the opinion of the supervisor
or department head, the offense grossly impairs control of the work
force or of the work situation, dismissal.
(b)
Second offense: four to 10 day suspension or dismissal.
(c)
Third offense: Dismissal.
(5)
Conduct on-duty and off-duty.
(a)
Disorderly or immoral conduct on the job.
(b)
Notorious off-duty conduct which brings disrepute or which reflects
unfavorably on the Township.
[1]
First offense: Official written reprimand and one to three day
suspension, or in extreme cases, if, in the opinion of the supervisor
or department head, the offense grossly impairs control of the work
force or of the work situation, dismissal.
[2]
Second offense: four to 10 day suspension or dismissal.
[3]
Third offense: Dismissal.
(c)
Conviction of criminal act.
(d)
Unavailability to work because of incarceration related to criminal
conduct stemming from conviction of a criminal act.
[1]
First offense: Official written reprimand and one to three day
suspension, or in extreme cases, if, in the opinion of the supervisor
or department head, the offense grossly impairs control of the work
force or of the work situation, dismissal.
[2]
Second offense: four to 10 day suspension or dismissal.
[3]
Third offense: Dismissal.
(7)
Discrimination because of race, color, creed, national origin
ancestry, age, marital status, sex or political affiliation.
(8)
Falsifying documents or making false statements, misrepresentations
or fraud, including in the application for employment. Apparent oversights
and errors, where satisfactorily explained, may be excused. If misrepresentation
was instrumental in gaining appointment or other entitlements, a one
to 10 day suspension or dismissal, depending on the employee's
record and explanation.
(9)
Fighting or creating a disturbance among fellow employees, resulting
in adverse effect on morale, production or maintenance of proper discipline.
(a)
First offense: Official written reprimand and/or one to three
day suspension, or in extreme cases, if, in the opinion of the supervisor
or department head, the offense grossly impairs control of the work
force or of the work situation, dismissal.
(b)
Second offense: four to 10 day suspension.
(c)
Third offense: Dismissal.
(11)
Incompetence, inefficiency or other inability to perform duties
of office.
(12)
Insubordination (refusal to obey reasonable orders, insolence,
etc.).
(a)
First offense: Official written reprimand and/or one to three
day suspension, or in extreme cases, if, in the opinion of the supervisor
or the department head, the offense grossly impairs control of the
work force or of the work situation, dismissal.
(b)
Second offense: four to 10 day suspension or dismissal.
(c)
Third offense: Dismissal.
(18)
Refusal to testify in a properly authorized inquiry or investigation,
except where such refusal is based upon the grounds of self incrimination.
(Witnesses shall be assured freedom from restraint, interference,
coercion, discrimination or reprisal in presenting testimony).
(19)
Sleeping on duty (where safety of personnel or property is endangered
thereby).
(22)
Other serious offenses. Penalties will be meted out in the discretion
of the supervisor, department head, Business Administrator or hearing
officer, as appropriate.
B.
Suspensions. Any employee may be suspended with pay, without pay
or at reduced pay, for any of the reasons listed in this section or
in any other section which addresses employee conduct and prohibited
behaviors.
Employment termination initiated by an employee who chooses
to leave the organization voluntarily constitutes a resignation.
An employee must provide at least 14 calendar days written notice
of her or his intention to resign or retire to her or his department
head prior to the last date on which the employee intends to work.
A copy must be given to the Personnel Office. This gives the Township
time to find a suitable replacement or adjust work schedules around
the vacancy. Employees will be paid for unused vacation time at the
termination of employment. Failure to give sufficient written notice
may jeopardize payment for unused vacation time. If an employee does
not provide advance notice, the employee will be considered ineligible
for rehire.
An automatic resignation shall be presumed if an employee is
absent from her or his job for a period of two consecutive days or
longer without authorized leave or without notice to her or his department
head.
Voluntary retirement from active employment status initiated
by the employee constitutes retirement. Any employee planning to retire
must adhere to the procedural requirements set forth above for termination
by way of resignation.
Involuntary employment termination initiated by the Township
for nondisciplinary reasons.
Employees may be laid off for reasons of efficiency or economy.
Employees with provisional or temporary status are to be laid off
first. Permanent employees are to be laid off in reverse order of
seniority in their present position or may be demoted, in lieu of
a layoff, to some lesser position, except that the department head
with the approval of the Business Administrator can layoff licensed
officials such as plumbing, building and Electrical Inspectors based
on need and availability.
Reasons for the layoff must be given to the employee, in writing,
with a copy to the department head. Employees who are laid off shall
receive priority for re-employment for up to one year when any vacancy
occurs or if the reasons requiring the layoff no longer exist or do
not affect the position in which there is a vacancy.
Employment termination initiated by the employee, or by the
organization when an employee is unable, for health reasons, to continue
to work or is a danger to the employee or others. Any termination
for medical reasons requires verification by a physician. If the termination
is initiated by the Township, it will then be responsible for providing
verification and bearing the costs of any medical examination to which
the employee is required to submit.
For all forms of nondisciplinary termination, the Township will
generally schedule exit interviews at the time of employment termination.
The exit interview will afford an opportunity to discuss such issues
as employee benefits, conversion privileges, repayment of outstanding
debts to the Township, or return of Township-owned property. In cases
of resignation or layoff the reasons for the termination may also
be discussed. Suggestions, complaints, and questions can also be voiced
during the interview. The Exit Interview Form (See Exhibit 4)[1] shall be used whenever possible.
Employees will receive their final pay in accordance with applicable
state law and bargaining agreements after Township property is returned.
Employee benefits will be affected by employment termination
in the following manner: All accrued, vested benefits that are due
and payable at termination will be paid. Some benefits may be continued
at the employee's expense. The employee will be notified in writing
of the benefits that may be continued and of the terms, conditions,
and limitations of such continuance.
[1]
Editor's Note: Exhibit 4, Exit Interview Form, referred
to herein, may be found on file in the office of the Township Clerk.
An employee can be dismissed for cause as described in these rules or other sufficient cause as determined by the department head or Mayor. The department head must supply the employee with written charges against him. A copy of the charges must be filed with the Business Administrator. The employee is entitled to a hearing with the Business Administrator or his designee. If unsatisfied, the employee has the right of appeal to the New Jersey Board of Mediation if he requests it within 20 calendar days after the final notice of dismissal. An employee will be advised in writing of the effect of the dismissal on his benefit continuation rights or accrued, vested benefits at the time of dismissal. For further information regarding disciplinary action see Section 78-64, "Progressive discipline," of this Manual.
A Township employee is responsible for all Township property,
materials and written information provided to him or in his possession
or control. Examples of Township property, include, but are not limited
to: Township identification badges or cards, uniforms, keys, tools,
and files or documents generated in the normal course of Township
business. An employee must return these items to the Township on or
before his final day of work.
It is the department head's duty to ensure that these items
are returned. Upon notification that the employee is leaving the Township's
employ, the employee's department head must prepare a list of
Township property in the possession of the employee. The department
head shall check off all returned items on the itemized list. The
department head and the employee shall initial each item received
so as to ensure accuracy. Returned items such as the employee's
identification card, should be cut in half by the department head
and returned to the Business Administrator. If the employee has returned
all of the items within his possession, he may be given his final
paycheck.
The Township may withhold an employee's final paycheck
until all Township property, materials and written information entrusted
to the employee are returned. The department head must inform the
Business Administrator and the Township Treasurer that all items in
the employee's possession have not been returned and that his
final paycheck shall be withheld until they are returned.
Any disputes between a department head and employee with regard
to the return of items in the employee's possession should be
directed to the Business Administrator for resolution.
Each employer shall maintain records of its alcohol misuse and
controlled substances use prevention program. The records shall be
maintained in a secure location with controlled access.
The following specific records shall be maintained.
A.
Records related to the collection process:
(1)
Collection logbooks, if used;
(2)
Documents relating to the random selection process;
(3)
Calibration documentation for evidential breath testing devices;
(4)
Documentation of breath alcohol technician training;
(5)
Documents generated in connection with decisions to administer
reasonable alcohol or controlled substances tests;
(6)
Documents generated in connection with decisions on post-accident
tests;
(7)
Documents verifying existence of a medical explanation of the
inability of a driver to provide adequate breath or to provide a urine
specimen for testing; and
B.
Records related to a driver's test results:
(1)
The employer's copy of the alcohol test form, including
the results of test;
(2)
The employer's copy of the controlled substances test chain
of custody and control form;
(3)
Documents sent by the medical review officer to the employer;
(4)
Documents related to the refusal of any driver to submit to
an alcohol or controlled substances test;
(5)
Documents presented by a driver to dispute the result of an
alcohol or controlled substances test administered.
C.
Records related to other violations of this part.
E.
Records related to education and training:
(1)
Materials on alcohol misuse and controlled substance use awareness,
including a copy of the employer's policy on alcohol misuse and
controlled substance use;
(2)
Documentation of compliance with the requirements of alcohol
misuse and controlled substances use policy and procedure; including
the driver's signed receipt of the educational materials;
(3)
Documentation of training provided to supervisors for the purpose
of qualifying the supervisors to make a determination concerning the
need for alcohol and/or controlled substances testing based on reasonable
suspicion; and
(4)
Certification that any training conducted complies with the
requirements for such training.
F.
Records relating to drug testing:
(1)
Agreements with collection site facilities, laboratories, medical
review officers, and consortia;
(2)
Names and positions of officials and their role in the employer's
alcohol and controlled substances testing program(s);
(3)
Monthly laboratory statistical summaries of urinalysis; and
(4)
The employer's drug testing policy and procedures.
