[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.]
[1]
Editor's Note: Section 3 of Ordinance No. O-3-2006-013 retained former Article III, Retention of Records, in its entirety. Article III is codified as Sections 78-67 and 78-67.1 of this chapter.
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 If a conflict exists, the Manual shall be superseded by the other authorities, agreements or contracts set forth in this paragraph.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.
CLINICAL COORDINATOR
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.
DEPARTMENT HEAD
Any director of a department as defined in Section 3-1 of the Code of the Township of Monroe.
DISABLED OR DISABILITY
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
Division head as that term is used in the Table of Organization attached hereto as Exhibit A.[1]
PERSONNEL OFFICE
That part of the Division of Administration which oversees the administration of the Township Personnel Program.
POLICY
An approved management approach and/or attitude toward the general handling of matters relating to personnel administration.
PROCEDURE
The method for implementation of a policy.
SIGNIFICANT ABSENCE
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.
SUPERVISOR
Department head, Director or such other individual who shall have supervisory authority over an employee under departmental guidelines.
TOWNSHIP
The employer, the Township of Monroe.
WORK SITE OR WORKPLACE
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:
(a) 
Contact any qualified former employees who have been laid off without cause.
(b) 
Post notices on bulletin boards in municipal buildings and on any appropriate web sites.
(c) 
Review applications on file.
(d) 
If necessary, run ads in the local newspaper help-wanted section.
(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.
(7) 
All applicants for employment are required to submit an Application for Employment Form. (See Exhibit 1)[1]
[1]
Editor's Note: Exhibit 1, Application for Employment Form, referred to herein, may be found in the office of the Township Clerk.
(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.
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.
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.
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.
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.
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.
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.
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.
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. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ACCIDENT
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.
ALCOHOL
The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
ALCOHOL CONCENTRATION
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.
BAT
Breath Alcohol Technician.
CHAIN OF CUSTODY
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.
COLLECTION PERSON
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.
COLLECTION SITE
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.
CONFIRMATION TEST
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.)
CONTRACT TOWNSHIP
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.
CONTRACTORS
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.
COVERED EMPLOYEES
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.
DHHS
Department of Health and Human Services.
DOT
Department of Transportation.
DPM
Drug Program Manager.
DRUG AND ALCOHOL POLICY
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."
EBT
Evidential Breath Test.
FHWA
Federal Highway Administration.
MRO
Medical Review Officer.
PASSING A DRUG OR ALCOHOL TEST
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.
PROHIBITED DRUG OR ALCOHOL
For purposes of this policy, they are as follows: marijuana, cocaine, opiates, amphetamines, phencyclidine (PCP) and alcohol.
REFUSE TO SUBMIT
(To an alcohol or controlled substance test) means that a driver:
(1) 
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;
(2) 
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
(3) 
Engages in conduct that clearly obstructs the testing process.
SAFETY SENSITIVE FUNCTION
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.
SUBSTANCE ABUSE PROFESSIONAL (SAP)
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.
(a) 
For the purposes of this policy, the employer will utilize, at a minimum, a five panel drug screen consisting of the following drugs:
[1] 
Tetrahydrocannabinol (marijuana).
[2] 
Cocaine.
[3] 
Amphetamines.
[4] 
Opiates (including heroin).
[5] 
Phencyclidine (PCP).
(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:
(a) 
Oral reprimand.
(b) 
Written reprimand.
(c) 
Reassignment.
(d) 
Suspension (with or without pay).
(e) 
Demotion.
(f) 
Dismissal.
(g) 
Referral to the New Jersey criminal justice system.
(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.
(2) 
Arriving late for work and/or leaving work early without permission from the proper authority.
(a) 
First offense: Official written reprimand and one to five day suspension.
(b) 
Second offense: four to 10 day suspension.
(c) 
Third offense: Dismissal.
(3) 
Careless or negligent failure to observe any written regulation or order prescribed by the administration.
(a) 
Violation of administrative regulations where safety of persons or property is not endangered thereby.
[1] 
First offense: Official written reprimand and/or one to four day suspension.
[2] 
Second offense: four to 10 day suspension or dismissal.
[3] 
Third offense: Dismissal.
(b) 
Violation of administrative regulations where the safety of persons or property is endangered thereby.
[1] 
First offense: one to 10 day suspension or, in extreme cases, dismissal.
[2] 
Second offense: four to 10 day suspension or dismissal.
[3] 
Third offense: Dismissal.
(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.
[1] 
First offense: Official written reprimand and one to 10 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: Dismissal.
(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.
[1] 
First offense: Official written reprimand and one to 10 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: Dismissal.
(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.
(6) 
Conduct unbecoming a public employee.
(a) 
First offense: Official written reprimand and one to five day suspension.
(b) 
Second offense: four to 10 day suspension.
(c) 
Third offense: Dismissal.
(7) 
Discrimination because of race, color, creed, national origin ancestry, age, marital status, sex or political affiliation.
(a) 
Use of slanderous or degrading remarks or defamation of character.
[1] 
First offense: Official written reprimand and/or one to five day suspension if offense is minor; dismissal for major offense.
[2] 
Second offense: four to 10 day suspension or dismissal.
[3] 
Third offense: Dismissal.
(b) 
Discrimination or sexual harassment in any aspect of employment, e.g., employment, appraisal, development, advancement or treatment of employees or discrimination because of age, political affiliation, marital status, physical handicap or other non-merit factors.
[1] 
First offense: Official written reprimand and/or one to five day suspension if offense is minor; dismissal for major offense.
[2] 
Second offense: four to 10 day suspension or dismissal.
[3] 
Third offense: Dismissal.
(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.
(a) 
First offense: one to 10 day suspension or dismissal.
(b) 
Second offense: Dismissal.
(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.
(10) 
Gambling on duty.
(a) 
First offense: Official written reprimand and one to three day suspension.
(b) 
Second offense: four to 10 day suspension.
(c) 
Third offense: Dismissal.
(11) 
Incompetence, inefficiency or other inability to perform duties of office.
(a) 
First offense: Official written reprimand and/or one to three day suspension, or if, in the opinion of the supervisor or department head, neither reprimand, suspension or remedial action will enable employee to perform the duties of his office, dismissal.
(b) 
Second offense: Dismissal.
(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.
(13) 
Intoxication.
(a) 
Drinking intoxicants or use of narcotics while on duty.
[1] 
First offense: Official written reprimand and one to three day suspension.
[2] 
Second offense: four to 10 day suspension.
[3] 
Third offense: Dismissal.
(14) 
Knowingly making false or malicious statements with the intent to harm or destroy the reputation, authority or official standing of individuals or organizations.
(a) 
First offense: one to 10 day suspension if offense is minor; dismissal for major offense.
(b) 
Second offense: Dismissal.
(15) 
Neglect of duty.
(a) 
First offense: one to five day suspension.
(b) 
Second offense: four to 10 day suspension or dismissal.
(c) 
Third offense: Dismissal.
(16) 
Negligent or intentional damage to public property or waste of public supplies.
(a) 
First offense: one to five day suspension or dismissal.
(b) 
Second offense: four to 10 day suspension or dismissal.
(c) 
Third offense: Dismissal.
(17) 
Political activity. The use or attempt to use one's authority or official influence to control or modify the political action of any employee or engaging in any form of political activity during working hours.
(a) 
First offense: one to 10 day suspension or dismissal.
(b) 
Second 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).
(a) 
First offense: one to five day suspension.
(b) 
Second offense: four to 10 day suspension or dismissal.
(c) 
Third offense: Dismissal.
(19) 
Sleeping on duty (where safety of personnel or property is endangered thereby).
(a) 
First offense: one to 10 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: 10 to 20 day suspension.
(c) 
Third offense: Dismissal.
(20) 
Sleeping on duty (where safety of personnel or property is not endangered thereby).
(a) 
First offense: Official written reprimand and/or one to three day suspension.
(b) 
Second offense: four to 10 day suspension.
(c) 
Third offense: Dismissal.
(21) 
Theft, bribery or unauthorized use or possession of Township property.
(a) 
First offense: Official written reprimand and/or one to 10 day suspension if offense is minor; dismissal for major offenses.
(b) 
Second offense: Dismissal.
(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.
[1]
Editor's Note: Sections 78-67 and 78-67.1, Retention of records and types of records were adopted 6-11-96 by Ord. No. O-06-019 as Article III of former Chapter 78 and were retained intact by Section 3 of Ordinance No. O-3-2006-013. They were renumbered for codification purposes.
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.
D. 
Records related to evaluations:
(1) 
Records pertaining to a determination by a substance abuse professional concerning a driver's need for assistance; and
(2) 
Records concerning a driver's compliance with recommendations of the substance abuse professional.
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.