[Ord. No. 2014:16, Preamble]
The RWDSU, Local 108, AFL-CIO-CLC (Union) is the exclusive bargaining
representative of all full-time and regular part-time white-collar
employees employed by the Borough of New Milford (employees). The
Borough of New Milford and the Union are parties to the Agreement
Between the Borough of New Milford and RWDSU, Local 108, AFL-CIO-CLC
(CBA), (The CBA may be found on file in the Borough offices), covering
the time period between January 1, 2012 and December 31, 2014. Said
CBA provides, at Art. X(E), that covered employees are permitted to
accumulate a maximum of 14 hours of compensatory time per year. Said
CBA provides, at Art. XIV(H), that covered employees are entitled
to request payment for up to five unused vacation days per year. Said
CBA provides, at Art. XVI(F), that covered employees are entitled
to extra compensation for unused sick days, up to one-half of their
annual allotment, provided they have maintained a "sick bank" of at
least 50 days, subject to other limitations set forth therein. Said
CBA provides, at Art. XIX, that covered employees are entitled to
terminal leave for unused accumulated sick days, holidays, vacation
days, and personal days, subject to the limitations and conditions
contained therein. Said CBA provides, at Art. XIX(A), that monetary
compensation for accumulated sick days upon the retirement of a covered
employee be capped at $20,000, or, for covered employees with accumulated
sick days valued in excess of $20,000 as of December 31, 2012, their
value as of that date. Said CBA was duly authorized by resolution
of the Borough of New Milford; and on or about April 9, 2014, the
Acting Comptroller of the State of New Jersey issued a report addressing
the payment of compensatory time without the existence of an ordinance
permitting same, and it appearing that the Borough of New Milford
has abided by a practice, followed by many other municipalities in
the State of New Jersey, wherein compensatory time and other employment
benefits have been awarded by way of resolution and collective bargaining
agreement, but not by way of Ordinance. It appears that the employees
covered under said CBA have potential legal claims against the Borough
of New Milford if such compensation and employment benefits are not
paid pursuant to the terms of the CBA. It is the position of the Borough
of New Milford that, the failure to pay such compensation after previously
agreeing to pay it, and after service was provided in anticipation
of such payment, would be wholly unfair and inequitable.
[Ord. No. 2014:16]
1.
The employees covered under said CBA are permitted to accumulate
compensatory time, as provided by Art. X(E) of the CBA.
2.
The employees covered under said CBA are permitted to receive compensation
for unused vacation days, as provided by Art. XIV(H) of the CBA.
3.
The employees covered under said CBA are permitted to receive compensation
for unused sick days, as provided by Art. XVI(F) of the CBA.
4.
The Officers covered under said CBA, upon retirement, are entitled
to terminal leave for unused accumulated sick days, holidays, personal
days, and vacation days, as provided by Art. XIX of the CBA.
5.
The compensatory time and compensation for unused sick days, holidays,
personal days, and vacation days provided by this Ordinance shall
be paid in accordance with the terms of the CBA.
6.
Nothing in this Ordinance shall be deemed to create a right to the
above-described benefits for future employees.
7.
The employment compensation and benefits of future employees shall
be set through negotiations between the Borough of New Milford and
the Union, as memorialized in subsequent collective bargaining agreements.
8.
Nothing in this Ordinance should be interpreted as the Borough of
New Milford's agreement that the above-described benefits be paid
to any other employee.
9.
The sole purpose of this Ordinance is to ratify the resolutions and
actions of prior governing bodies and resolutions approved by such
governing bodies authorizing the execution of the aforementioned CBA
with the Union and the payment of compensation in accordance with
the provisions of the CBA in exchange for services rendered, pursuant
to the direction provided in the report of the Acting Comptroller
of the State of New Jersey.
[Ord. No. 2014:17, Preamble]
The New Milford Police Benevolent Association, Local No. 83
(PBA) is the exclusive bargaining representative of New Milford Police
Officers ("Officers"). The Borough of New Milford and the PBA are
parties to the Agreement Between the Borough of New Milford and the
New Milford Police Benevolent Association (CBA) (The CBA may be found
in the Borough offices.), covering the time period between January
1, 2012 and December 31, 2014. Said CBA provides, at Art. 9(D), that
covered Officers are permitted to accumulate a maximum of 480 hours
of compensatory time and to receive monetary compensation, upon retirement,
for up to 50 hours of compensatory time. Said CBA provides, at Art.
20(B), that covered Officers are entitled to extra compensation for
unused sick days, up to one-half of their annual allotment, provided
they have maintained a "sick bank" of at least 50 days, subject to
other limitations set forth therein. Said CBA provides, at Art. 50,
that Officers are entitled to terminal leave for 75% of their accumulated
sick days, all accumulated holidays earned prior to January 1, 2011,
all unused vacation days, and all unused personal days earned prior
to December 31, 2009, subject to the limitations and conditions contained
therein. Said CBA provides, at Art. 50(I), that monetary compensation
for accumulated sick days upon the retirement of an Officer be capped
at $20,000, or, for Officers with accumulated sick days valued in
excess of $20,000 as of December 31, 2012, their value as of that
date. Said CBA was duly authorized by resolution of the Borough of
New Milford; and on or about April 9, 2014, the Acting Comptroller
of the State of New Jersey issued a report addressing the payment
of compensatory time without the existence of an ordinance permitting
same, and it appearing that the Borough of New Milford has abided
by a practice, followed by many other municipalities in the State
of New Jersey, wherein compensatory time and other employment benefits
have been awarded by way of resolution and collective bargaining agreement,
but not by way of Ordinance. It appears that the Officers covered
under said CBA have potential legal claims against the Borough of
New Milford if such compensation and employment benefits are not paid
pursuant to the terms of the CBA. It is the position of the Borough
of New Milford that, the failure to pay such compensation after previously
agreeing to pay it, and after service was provided in anticipation
of such payment, would be wholly unfair and inequitable.
[Ord. No. 2014:17]
1.
The Officers covered under said CBA are permitted to accumulate compensatory
time, and receive monetary compensation for such compensatory time,
as provided by Art. 9(D) of the CBA.
2.
The Officers covered under said CBA are permitted to receive compensation
for unused sick days, as provided by Art. 20(B) of the CBA.
3.
The Officers covered under said CBA, upon retirement, are entitled
to terminal leave for unused accumulated sick days, holidays, personal
days, and vacation days, as provided by Art. 50 of the CBA.
4.
The compensatory time and compensation for unused sick days, holidays,
personal days, and vacation days provided by this Ordinance shall
be paid in accordance with the terms of the CBA, including but not
limited to Art. 10 of the CBA.
5.
Nothing in this Ordinance shall be deemed to create a right to the
above-described benefits for future Officers.
6.
The employment compensation and benefits of future Officers shall
be set through negotiations between the Borough of New Milford and
the PBA, as memorialized in subsequent collective bargaining agreements.
7.
Nothing in this Ordinance should be interpreted as the Borough of
New Milford's agreement that the above-described benefits be paid
to any other employee.
8.
The sole purpose of this Ordinance is to ratify the resolutions and
actions of prior governing bodies and resolutions approved by such
governing bodies authorizing the execution of the aforementioned CBA
with the PBA and the payment of compensation in accordance with the
provisions of the CBA in exchange for services rendered, pursuant
to the direction provided in the report of the Acting Comptroller
of the State of New Jersey.
[Ord. No. 2014:19]
The New Milford Public Works Employees Benevolent Association
(Union) is the recognized representative of all New Milford Department
of Public Works (DPW) employees. The Borough of New Milford and the
Union are parties to the Collective Bargaining Agreement Between the
Borough of New Milford and the New Milford Public Works Employees
Benevolent Association (CBA) (The CBA may be found in the Borough
offices.), covering the time period between January 1, 2012 and December
31, 2014. Said CBA provides, at X(9), that covered employees are entitled
to accumulate a maximum of 16 hours of compensatory time per year.
Said CBA provides, at X(10), that covered employees are entitled to
request monetary payment for unused vacation time, up to a maximum
of five days per year. Said CBA provides, at XVIII(B), that covered
employees are entitled to extra compensation for unused sick days,
up to one-half of their annual allotment, provided they have maintained
a "sick bank" of at least 50 days. Said CBA provides, at XXXI(6),
that covered employees, upon retirement, are entitled to monetary
compensation in the form of terminal pay for unused accumulated sick
days, holidays, personal days, and vacation days, subject to the limitations
set for therein. Said CBA provides, at XXXI(6)(A), that monetary compensation
for accumulated sick days upon the retirement of a covered employee
be capped at $20,000, or, for covered employees with accumulated sick
days valued in excess of $20,000 as of December 31, 2012, their value
as of that date. Said CBA was duly authorized by resolution of the
Borough of New Milford; and on or about April 9, 2014, the Acting
Comptroller of the State of New Jersey issued a report addressing
the payment of compensatory time without the existence of an ordinance
permitting same, and it appearing that the Borough of New Milford
has abided by a practice, followed by many other municipalities in
the State of New Jersey, wherein compensatory time and other employment
benefits have been awarded by way of resolution and collective bargaining
agreement, but not by way of Ordinance. It appears that the DPW employees
covered under said CBA have potential legal claims against the Borough
of New Milford if such compensation and employment benefits are not
paid pursuant to the terms of the CBA. It is the position of the Borough
of New Milford that, the failure to pay such compensation after previously
agreeing to pay it, and after service was provided in anticipation
of such payment, would be wholly unfair and inequitable.
[Ord. No. 2014:19]
1.
The DPW employees covered under said CBA are permitted to accumulate
compensatory time, as provided by X (9) of the CBA.
2.
The DPW employees covered under said CBA are permitted to receive
compensation for unused vacation days, as provided by X(10) of the
CBA.
3.
The DPW employees covered under said CBA are permitted to receive
compensation for unused sick days, as provided by XVIII(B) of the
CBA.
4.
The DPW employees covered under said CBA, upon retirement, are entitled
to terminal pay for unused accumulated sick days, holidays, personal
days, and vacation days, as provided by XXXI(6) of the CBA.
5.
The compensatory time and compensation for unused sick days, holidays,
personal days, and vacation days provided by this Ordinance shall
be paid in accordance with the terms of the CBA.
6.
Nothing in this Ordinance shall be deemed to create a right to the
above-described benefits for future DPW employees.
7.
The employment compensation benefits of future DPW employees shall
be set through negotiations between the Borough of New Milford and
the Union, as memorialized in subsequent collective bargaining agreements.
8.
Nothing in this Ordinance should be interpreted as the Borough of
New Milford's agreement that the above-described benefits be paid
to any other employee.
9.
The sole purpose of this Ordinance is to ratify the resolutions and
actions of prior governing bodies and resolutions approved by such
governing bodies authorizing the execution of the aforementioned CBA
with the Union and the payment of compensation in accordance with
the provisions of the CBA in exchange for services rendered, pursuant
to the direction provided in the report of the Acting Comptroller
of the State of New Jersey.
[Ord. No. 2014:11]
1.
The Chief of Police is entitled to 539 hours of compensation time.
2.
The compensation time shall be paid to the Chief of Police, either
during the term of the contract, expiring October 31, 2019, or within
60 days thereafter or at such later date, at the discretion of the
governing body, as the Chief of Police shall agree to in writing.
Said payment to be made at the rate then applicable or, if following
the conclusion of the contract, at the last applicable rate.
3.
Nothing in this Ordinance shall be deemed to apply to any subsequent
office holder of the position of Chief of Police.
4.
Nothing in this Ordinance should be interpreted as the Borough of
New Milford's agreement that compensatory time be paid to any other
employee.
5.
The sole purpose of this Ordinance is to ratify the resolutions and
actions of prior governing bodies and resolutions approved by such
governing bodies authorizing the execution of the aforementioned employment
contracts with the Chief of Police and the payment of compensatory
time in exchange for services rendered.
[1968 Code § 8-1]
Every claim against the Borough of New Milford shall be presented
on a bill form provided by the Borough, shall contain a detailed bill
of items or demand, specifying particularly how the bill or demand
is made up, and shall contain a certification of the party claiming
payment that the same is correct. Every such claim shall be delivered
to the Borough Clerk or such other person as may be designated by
the Mayor and Council.
[1968 Code § 8-2]
The Borough Clerk or other person authorized by the Mayor and
Council to receive claims shall present all certified bills to the
officer or other duly designated employer of the Borough having knowledge
of the facts, for certification that the goods have been received
or the services rendered.
[1968 Code § 8-3]
The Borough Clerk or other person authorized by the Mayor and Council to receive claims shall thereafter present every claim, certified as hereinabove provided for by subsections 2-45.1 and 2-45.2 of this section, to the Chairman of the committee responsible for the claim being incurred. The Chairman of such committee, if satisfied with the propriety of the claim, shall approve the same and return the claim to the Borough Clerk or other person authorized by the Mayor and Council to receive claims as aforesaid. The approval of the Mayor shall not be required.
[1968 Code § 8-4]
The claims shall be presented by the Borough Clerk at the next
regular meeting of the Mayor and Council for the formal approval of
the Finance Committee, which Committee shall be appointed by the Mayor,
and after approval shall be listed in the minutes and thereafter presented
to the Collector-Treasurer for payment in due course.
[1968 Code § 8-5]
Any claim disapproved shall be referred to the Chairman of the
appropriate committee.
[Ord. No. 69:3]
This section shall be known as "Contracts for Municipal Services."
[Ord. No. 69:3]
Pursuant to the provisions of N.J.S.A. 40:23-6.26 to 40:23-6.29,
40:23-6.34 to 40:23-6.37, the Borough of New Milford is hereby authorized
to enter into contracts with the County of Bergen for the joint use
by the Borough of New Milford and other municipalities in the County
of Bergen of administrative services and facilities of the office
of Purchasing Agent of the County of Bergen appropriate to the procurement
of certain materials, supplies and equipment which may be determined
to be required by the Borough, and which the Borough may otherwise
lawfully purchase for itself. The services and facilities of the office
of County Purchasing Agent shall be provided without cost to the Borough.
[Ord. No. 69:3]
The proper municipal officials of the Borough are hereby authorized
and empowered to execute, on behalf of the Borough, all such contracts
with the County of Bergen as may be authorized and approved by resolution
of the Mayor and Council.
[Ord. No. 93:25]
This section shall be known and may be cited as the Cooperative
Pricing Ordinance of the Borough of New Milford.
[Ord. No. 93:25]
Pursuant to the provisions of N.J. 40A:11-11 (5), the Mayor
is hereby authorized to enter into a Cooperative Pricing Agreement
with the Lead Agency or any other contracting unit within the County
of Bergen or adjoining counties for the purchase of work, materials
and supplies. The Lead Agency entering into contracts on behalf of
the Borough of New Milford shall be responsible for complying with
the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1
et seq.) and all other provisions of the revised statutes of the State
of New Jersey.
[Ord. No. 94:14 § I]
It is the intent and purpose of this section to provide for
the indemnification and defense of actions against certain public
officials and employees as described herein.
[Ord. No. 94:14 § II]
For the purposes of this section, unless the context clearly
indicates a different meaning, the following words and phrases shall
be defined as set forth:
a.
INSURANCE – Shall mean coverage afforded by insurance of every
kind, whether the premium be paid by the Borough, the municipal official
or someone on their behalf.
b.
MUNICIPAL OFFICIAL – Shall mean any officer or official, employee,
Council Member, Mayor, Board Member or other individual appointed
or hired by the Mayor and Borough Council, whether full or part-time.
The terms shall also include any volunteer serving the Borough on
the Recreation Commission or as a coach or assistant on a team organized
under the auspices of the Recreation Commission, member of the Volunteer
Fire Department or member of the Ambulance Corps. The terms shall
also include any person elected by the voters to fill any position
in the Borough or any person appointed subsequently to fill such position.
[Ord. No. 94:14 § III]
a.
The Borough shall provide for the defense of any action brought against a municipal official on account of any act or omission arising out of or incidental to the performance of their duties, and this obligation shall extend to any complaint, counterclaim, cross claim or cross complaint against such municipal official, unless excepted by the terms of subsection 2-48.4.
b.
The terms and provisions of the within section shall be subject to
any insurance plan or policy in effect at the time that any claim
shall apply or be asserted. To the extent that any provision of the
within section shall be at variance within the rules, regulation and
terms of any plan of insurance maintained by the Borough, said rules,
regulations and provisions of the Borough's plan of insurance shall
supersede the within section and shall be dispositive of any issue
concerning the implementation of the purpose of the within section.
[Ord. No. 94:14 § IV]
The Borough shall not be required to provide any defense when
the governing body determines that:
a.
The act or omission was not within the scope or incidental to the
duties of the public official.
b.
The act or failure to act was the result of actual fraud, actual
malice, willful misconduct or an intentional wrong;
c.
The defense of the action or proceeding is provided for by an insurance,
whether obtained by the Borough or by any other person or entity.
d.
Where the action has been brought by the municipality itself against
the public official, or where the action is a criminal proceeding;
e.
Where the public official has failed to provide to the Borough within
15 calendar days after the time the public official is served with
any summonses, complaint, process, notice, demand or pleading, the
original or a copy thereof;
f.
Where the public official has failed to cooperate fully with the
defense.
[Ord. No. 94:14 § V]
With the exception to subsection 2-48.6 of this section, which specifically provides for the appointment of attorneys on behalf of police officers, the Borough may provide any defense required of it under this section through the attorney from its own staff or by employing other counsel. The Borough shall in no event be responsible for the cost of attorney fees incurred by anyone unless it shall agree in writing to the terms of the representation. The legal fee rate for the defense shall not exceed that rate paid to the Borough Attorney.
[Ord. No. 94:14 § VI]
a.
Purpose. The purpose of this subsection is to provide any Borough
police officer or member of the Borough police force named as a defendant
in an action or legal proceeding, only if that action or legal proceeding
arises out of and or is directly related to the lawful exercise of
police powers in the furtherance of official duties, for the provision
of necessary means for the officer's defense of such action or proceeding.
1.
The Borough of New Milford will provide a member or officer of the
Police Department with the necessary means for the defense of an action
or legal proceeding which arises out of and is directly related to
the lawful exercise of police powers, in furtherance of official duties.
2.
The Borough will not provide the necessary means for defense in a
disciplinary proceeding instituted against the officer by the municipality
or in a criminal proceeding instituted as a result of a complaint
on behalf of the Borough. Should such a disciplinary or criminal proceeding,
instituted by or on complaint of the Borough, be dismissed or finally
determined in favor of the member or officer of the Borough's Police
Department, that member or officer shall be reimbursed for his attorney's
reasonable fees as long as these fees are billed at a rate no higher
then that charged by the Borough Attorney.
b.
Procedures.
1.
The Officer or member of the Borough's Police Department, within
five days of being notified that he or she is a defendant in an action
or legal proceeding, shall advise the Chief of Police.
2.
Upon notification, the Chief of Police will evaluate or cause an
evaluation to be made, of the complaint's circumstances. This evaluation
will be for the purpose of determining whether the officer has met
the following conditions:
3.
The Chief will advise the officer involved of the following:
(a)
The evaluation and purpose;
(b)
That he may, subject to the limitations stated below, request
that an attorney be appointed to represent him or that he can select
an attorney to represent him in the action or legal proceeding by
the Borough;
(c)
That his attorney shall be paid a reasonable legal fee rate
to be approved, prior to his appointment, by the Mayor and Council;
(d)
In the event of a disciplinary proceeding instituted against
the officer by the municipality or any criminal proceeding as a result
of a complaint on behalf of the Borough, the Borough will not provide
the officer with an attorney or necessary means for defense of such
disciplinary proceeding or complaint; except that if the disciplinary
proceeding or complaint is dismissed or finally determined in favor
of the officer, that he shall be reimbursed for his reasonable defense
expense;
(e)
The officer shall advise the Chief of the name, address and
telephone number of the attorney whom the officer would request to
be appointed by the Borough.
4.
Upon completion of the evaluation, the Chief of Police shall submit
a memorandum to the Mayor and Council, with a copy to the Borough
Administrator and Clerk. The memorandum shall be maintained as a confidential
document. The purpose of the memorandum shall be to report the Chief
of Police's evaluation of the circumstances of the complaint and a
determination as to whether the officer has satisfied the conditions
prerequisite to the Borough's providing the necessary means for the
officer's defense. The memorandum shall also include the name and
address of the attorney whose appointment, the officer if entitled,
would request to defend him.
5.
The Mayor and Council shall reserve the right to accept the Chief's
evaluation, modify it, reject it, or to substitute a different means
for defense of the action or legal proceedings against the affected
officer.
[Ord. No. 94:14 § VII]
a.
Whether the Borough provides any defense required of it under this
section, the Borough, through Counsel, may assume exclusive control
over representation of the municipal official, and such official shall
cooperate fully with the defense.
b.
The Mayor and Council reserve the right to place a cap on legal fees
above which additional fees must be approved by the Mayor and Council.
c.
The Mayor and Council also reserve the right to review and approve
legal fees to determine that they are reasonable in light of the complaint
and services provided. If it is determined that the fees are not reasonable,
the Mayor and Council can refuse to pay that portion of the bill.
[Ord. No. 94:14 § VIII]
a.
In any case where the Borough is required to provide a defense under
this section, the Borough shall pay or reimburse the municipal official
for the following:
b.
In addition to paragraph a of this subsection, in any case where the Borough would be required to provide a defense under this section, except for the fact that such defense provided for by insurance, either through the Borough or the individual, the Borough shall provide indemnification as aforesaid, but only to the extent that liability exists which is not covered by insurance and is not excepted by the terms of subsection 2-48.4 of this section.
c.
In addition to the above paragraphs a and b, the Borough shall indemnify
public officials as defined herein for exemplary or punitive damages,
provided that the acts committed by the Borough official upon which
said damages are based, did not constitute actual fraud, actual malice,
willful misconduct or an intentional wrong.
[Ord. No. 96:3]
The purpose of the Mayor and Council of the Borough of New Milford
is to adopt a formal policy on sexual harassment which shall be distributed
to every employee of the Borough of New Milford and which shall be
strictly enforced.
[Ord. No. 96:3]
a.
Sexual harassment is defined as: unwelcome sexual advances, requests
for sexual favors and other verbal or physical conduct based on gender
when:
1.
Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment; or
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 or creating an intimidating,
hostile or offensive working environment including, but not limited
to:
(a)
Gender harassment: Generalized gender-based remarks and behavior.
(b)
Seductive behavior: Inappropriate, unwanted, offensive physical
or verbal sexual advances.
(c)
Sexual bribery: Solicitation of sexual activity or other sex-linked
behavior by promise of reward.
(d)
Sexual coercion: Coercion of sexual activity by threat of punishment.
(e)
Sexual assault: Gross sexual imposition such as touching, fondling,
grabbing or assault.
[Ord. No. 96:3]
All employees, female or male, shall be permitted to work in
an environment free from all forms of unlawful discrimination and
conduct which can be considered harassing, coercive or disruptive,
including sexual harassment. Sexual harassment is a form of employee
misconduct which undermines the integrity of the employment relationship.
Sexual harassment debilitates morale and interferes with work productivity
and, therefore, will not be tolerated.
[Ord. No. 96:3]
a.
Supervisory. In order to ensure the integrity of the work environment,
supervisory personnel are required to ensure adherence to and compliance
with this policy; and, upon being informed of possible sexual harassment,
are required to take appropriate immediate action in response, including
informing employees of their right to file a discrimination complaint
with the Administrator.
b.
Employee. Employees are encouraged, whether directly or through a
third party, to notify the alleged harasser that the behavior in question
is offensive and unwelcome. However, failure to do so does not preclude
filing a complaint. Employees are encouraged to promptly report all
alleged incidents of sexual harassment to the Administrator.
c.
Contents of Filing. The complaint filed must include the following
information:
1.
The name and department of the complainant;
2.
The name and department of the charged party;
3.
The nature and circumstances, in detail, of the alleged sexual harassment,
including but not limited to, the injuries or consequences suffered
by the complainant, the names of any witnesses to such actions and
the duration of the actions questioned; and
4.
Whether such harassment has been previously reported to a supervisor
or other person, and if so, when and to whom.
d.
Nothing in this section shall prevent the complainant from providing
other information or documents they believe are essential to the fair
adjudication of their case.
e.
The initial complaint may be made orally or in writing. If the complaint
is made orally, the Administrator shall reduce same to a written document,
which shall, if it is deemed accurate, be signed by the complainant.
f.
The Borough Administrator is hereby designated as the sexual harassment
officer. The Chief Financial Officer of the Borough is hereby designated
as the alternate officer. Persons who, by reason of the circumstances,
are uncomfortable directing a complaint to the Administrator may report
same to the alternate officer.
[Ord. No. 96:3]
A complaint of sexual harassment shall be investigated by the
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;
e.
Assessing the presence or absence of corroborative evidence for either
party.
[Ord. No. 96:3]
To the extent possible, the sexual harassment investigative
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 advised to maintain strict confidentiality,
from the initial meeting to the final decision, to safeguard the privacy
and reputation of all involved.
[Ord. No. 96:3]
It shall be a violation of this policy for any employee to take
reprisals against any person because she/he has filed a complaint,
testified or assisted in any proceeding under this policy. Threats,
other forms of intimidation, and/or retaliation against the complainant
or any other party based on involvement in the complaint process may
be cause for disciplinary action.
[Ord. No. 96:3]
All complaints will be addressed by the Personnel Administrator,
the alleged harasser will be notified once a formal complaint is filed
with the Administrator. A finding of no probable cause as a result
of an investigation does not necessarily establish that an accusation
is false. However, this policy shall not be used to intentionally
bring frivolous or malicious charges against an employee.
[Ord. No. 96:3]
Disciplinary action for employees found in violation of this
policy may be progressive in nature, but not required to be, and may
include:
[Ord. No. 96:3]
To the extent permitted by law, the Borough will not be liable
for damages obtained as a result of a decision of a nonlocal agency
or court of superior administrative remedies described herein.
[Ord. No. 96:3]
Employees of the Borough shall be provided with training, by
a person trained to lead or implement such training, which shall include
a detailed discussion of the following:
a.
A detailed explanation of what constitutes sexual harassment;
b.
The procedures for filing a sexual harassment charge;
c.
The procedures to be followed in the investigation of a sexual harassment
charge;
d.
Management's obligation regarding incidents of sexual harassment;
e.
Record keeping requirements.
[Ord. No. 96:3]
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.
[Ord. No. 96:3]
Should any article, section, subsection, paragraph, sentence,
clause or phrase of this section be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not effect, impair
or invalidate the remainder thereof, but shall be confined to the
article, section, subsection, paragraph, sentence, clause or phrase
thereof directly involved in the controversy in which said judgment
shall have been rendered.
Any ordinance or portions thereof, inconsistent with the terms
of this section are hereby repealed as to such inconsistencies only.
[Ord. No. 96:3]
This section shall become effective immediately upon publication
as required by law.
[Ord. No. 95:14 § I]
a.
The Borough of New Milford, in order to insure the safety and welfare
of its employees, supports the principles of a drug and alcohol free
work place. To that end, the borough has implemented a drug and alcohol
testing program for all holders of commercial drivers licenses employed
by the Department of Public Works. No such Borough employee may work
while impaired by a depressant, stimulant, narcotic, alcohol, drug
or substance that may alter behavior or impair performance of duties.
This policy has established protocols to ensure that testing is performed
in a manner which protects the employee's right of privacy and provides
equal nondiscriminatory treatment for all staff members.
b.
The Borough of New Milford believes that its employees are its most
valuable asset. To that end, provision of an Employee Assistance Program
and access to rehabilitative care are provisions of this policy.
c.
Due to the at-will nature of the employment relationship, and the
noncontract relation of policy, refusal to submit to testing will
be managed as if the test result is positive.
[Ord. No. 95:14 § II]
Because of the complexities of Public Works, the interdependence
of services, and the multiple responsibilities associated with providing
services, all employees are subject to testing.
a.
Alcohol. Alcohol, a socially acceptable drug, when consumed for physical
and mood altering effects is a substance of abuse. As a depressant,
it slows down physical response and progressively impairs mental functions.
No alcohol use is condoned during the work day. In addition, employees
are expected to arrive for work "Fit for Duty". No alcohol should
be consumed for four hours prior to arrival to work.
b.
Controlled Substances. Use of any illicit drugs will not be tolerated
at the New Milford Department of Public Works. No employee may work
when under the influence of any of these illegal substances:
c.
Prescription Medication. Employees are to refrain from any drug use
that could affect the safe performance of duties. A drug that has
been prescribed by a physician can only be used if the physician has
advised the employee that the drug will not adversely affect the employee's
ability to safely perform the job duties. Prescriptions must be provided
for justification of positive test results. Verification on prescribing
physician's letterhead is acceptable.
[Ord. No. 95:14 § III]
Testing is to be done in the following situations:
a.
Pre-placement Physicals. All employees going through the pre-placement
process are to be drug tested. No employee may start work until the
Borough of New Milford has received a report from the M.R.O. (Medical
Review Officer) indicating verified negative test results. The applicant
may be excluded from testing if documentation is provided of a negative
forensic drug test done within the previous thirty days.
b.
Random Testing. Random testing for drugs will be performed at a minimum
rate of 50% of the total number of employees subject to the standard
and random testing for alcohol will be done at a rate of 25% of the
total number of employees subject to the standard. All tests are conducted
during the employees work hours. Employees are chosen for testing
using a computer based random number generator that is matched with
the employee's social security number. These tests are unannounced
and spread reasonably throughout the year. Those selected will proceed
immediately for testing upon notification of selection. In the event
the employee selected for testing is on vacation, out on sick leave,
or otherwise unavailable, the selection will be kept confidential
until the employee returns.
c.
Reasonable Suspicion. Reasonable suspicion is based on specific,
contemporaneous, articulate observations of a superior trained in
the recognition of substance abuse. Documentable signs involve appearance,
behavior, speech or body odors or specific aberrancies in the job
performance of the employee. The supervisor will complete a form documenting
the behavior. This form must be completed within 24 hours of the witnessed
behavior. It is suggested, though not mandated, that a supervisor
get a corroborating signature from a second supervisor trained in
the recognition of workplace substance abuse.
d.
Alcohol testing must be done within two hours of an incident or a
written explanation is required. Holy Name Hospital is to maintain
the supervisor's explanation for delay of testing on record. If testing
is not completed within eight hours of an incident the employee may
no longer be tested. However, the supervisor must still complete an
explanation for the nonperformance of the test. This record will be
kept in the employee's drug testing file.
e.
Drug testing must be performed within 32 hours of an incident. If
testing is not done in that time frame, the supervisor must prepare
a record as to the reasons for failure to test.
f.
Post-Accident. This testing will be conducted when an employee is
involved in a motor vehicle accident or when after examination by
the physician it is determined there is a need for testing.
1.
Alcohol testing must be done within two hours of the accident or
a written explanation is required. Holy Name Hospital is to maintain
the supervisors explanation for delay of testing on record. If testing
is not completed within eight hours of the accident the employee may
no longer be tested. However, the supervisor must still complete an
explanation for the nonperformance of the test. This record will be
maintained in the employee's drug testing file.
2.
Drug testing must be performed within 32 hours of the accident. If
testing is not done in that time frame, the supervisor must prepare
a record as to the reasons for failure to test.
g.
Return-To-Duty. An employee who has been removed from duty must submit
to a "Return-to-duty" test. This would be after the return evaluation
by the substance abuse professional. The test is not confined to the
substance involved in the initial test. The employee may not return
to work until the Borough has received a report from the Medical Review
Officer indicating a verified negative test result.
h.
Follow-Up. After return to work from rehabilitative care, unannounced
follow up testing is to be performed at a rate of six tests over a
period of 12 months, and can be performed up to 60 months. The substance
abuse professional can require extension of follow-up testing and
may also terminate follow-up testing after the minimum has been met.
[Ord. No. 95:14 § IV]
a.
Breath Alcohol Testing Technician (BATT). Alcohol testing will only
be performed by certified BATT's. The HNH BATT's are trained to proficiency
in the use of the EBT used by the hospital as well as alcohol testing
procedures. Certification renewed biannually by a trainer approved
by the manufacturer of the Evidential Breath Testing (EBT) device
used. This course is equivalent to the Department of Transportation
model course. BATT's perform tests as technician's only, performing
no clinical role at the time of testing.
b.
Evidential Breath Testing Device. Holy Name Hospital utilizes the
National Draeger Breathalyzer Model 7410 for alcohol testing. The
device is NHTSA approved and is subject to the Quality Assurance Plan
(QAP) as established by National Draeger. The EBT device has the capability
of printing results and sequential numbering.
c.
Quality Assurance Plan (QAP). Wet bath calibrations are performed
on the EBT every six months in accordance with the QAP Plan established
by National Draeger and weekly external calibration checks are performed
to specific tolerances as determined by the manufacturer or the OHS
staff. DOT Evidential Breath Testing forms are used to document all
testing. Records of calibrations are kept on file in OHS.
d.
Alcohol Testing Site. All alcohol testing is conducted at a location
that provides both visual and aural privacy to those being tested,
sufficient to prevent unauthorized persons from seeing or hearing
results. The BATT shall supervise only one employee's use of an EBT
at a time.
e.
Alcohol Testing Form. Tests are documented on the standard DOT Breath
Alcohol Testing Form. In addition, a log book will be used for recording
calibrations and sequential testing numbers as needed.
[Ord. No. 95:14 § V]
a.
Preparation for Testing. When a Borough employee arrives for testing
the BATT will require positive identification through the use of employee
photo ID card. Should the employee request it, the BATT shall provide
ID to the employee. The BATT shall explain the testing procedures.
b.
Administration of the Initial Test.
1.
The BATT completes Step 1 on the Breath Alcohol Testing Form.
2.
Have the employee sign Step 2 on the form. NOTE: Refusal to sign
Step 2 is considered a refusal. The contact person is notified of
the employee's refusal and the test not performed.
3.
Open a new, individually sealed mouthpiece in view of the employee
and attach it to the EBT.
4.
Instruct the employee to blow forcibly into the mouthpiece for at
least six seconds or until the EBT indicates that an adequate amount
of breath has been obtained.
5.
Await the results on the EBT and show them to the employee.
6.
If the result of the screening is an alcohol concentration of less
than 0.020 - Date and sign certification and fill in the date in Step
3 of the DOT Form. Have the employee sign the certification and fill
in the date of Step 4 of the DOT Form. If employee refuses, put entry
in remarks section of form. (Failure to sign section 4 is not considered
a refusal.) Give the employee Copy 2 of the form. If testing is completed
or is unnecessary and no physical is involved thank the employee and
release him.
c.
Administration of the Confirmatory Test. Perform a confirmation test
when results > 0.020
1.
Explain to the employee that you are performing a confirmation test
and that the employee: must not leave the area, must be observed by
the BATT, must have nothing to eat or drink, must not put any object
or substance in the mouth, must not belch to the extent possible.
Leaving the area and subsequent failure to test within that time frame
is considered refusal of the test. The confirmation results are the
final results upon which the Borough will act.
2.
The test period starts 15 minutes from the completion of the screening
and must be performed within 20 minutes of the screening. This is
machine driven and no exceptions may be made.
3.
An EBT air blank is conducted. Read the air blank - if the reading
is greater than 0.00 repeat the air blank once. Insert a new mouthpiece
and have the employee provide a breath sample as delineated above.
4.
Record the test results. Date and sign certification and fill in
the date in Step 3 of the DOT Form. Have the employee sign the certification
and fill in the date of Step 4 of the DOT Form. Give the employee
a copy of the form. Copy 1 and 3 are retained in OHS.
5.
The Borough contact person shall be notified of the positive test
results.
d.
Refusal to Test and Uncompleted Tests.
1.
Refusal by any employee to sign the Breath Alcohol Testing Form (Step
2), refusal to provide breath or an adequate amount of breath, or
otherwise prevents the adequate completion of testing will be considered
a refusal.
2.
The Borough contact person is notified immediately upon refusal.
3.
If a screening or confirmation test cannot be completed or if an
event occurs that would invalidate the test, the BATT will begin a
new screening or confirmation test. A new form is completed with a
new sequential number.
e.
Inability to Provide an Adequate Amount of Breath.
1.
When the employee cannot provide adequate breath the BATT shall repeat
the instruction to the employee.
2.
If the employee refuses to made a second attempt or if the employee
fails in the second attempt the Borough contact person is notified
as soon as possible.
3.
The employee will undergo evaluation by the OHS Physician to determine
the employee's medical ability to provide an adequate breath.
4.
The physician's determination is to be provided in writing as to
the employee's ability to provide adequate breath with information
on material that lead to the determination.
f.
Invalid Tests. A breath alcohol test is considered invalid in the
following circumstances:
1.
The next external calibration check produces a result in excess of
the QAP of the manufacturer.
2.
The BATT does not observe the minimum 15 minute waiting period prior
to confirmation test.
3.
The BATT does perform an air blank prior to a confirmation test or
if the air blank does not result in a reading of 0.00 after two attempts.
4.
The BATT does not sign the form.
5.
Failure of BATT to make notation of the employees refusal to sign
after receiving test results.
6.
Failure of the BATT to print the confirmation test.
7.
When the sequential number or alcohol concentration displayed on
the EBT does not match the numbers on the printout.
[Ord. No. 95:14 § VI]
a.
Urine Specimen Collection. Specimens are collected in the OHS area
which has all the necessary personnel, materials, equipment, facilities
and supervision to provide for collection, security, temporary storage
and shipping or transportation of urine specimens to a certified testing
laboratory. The standard drug testing custody and control form is
used.
b.
Collection Procedures. The standard forensic chain-of-custody procedures
are employed. Upon arrival ask for photo ID or the employee will be
accompanied by a known representative of the Borough who will corroborate
the employee's ID for OHS. The procedure is explained to the employee
and written instructions are provided. Collection procedures are delineated
in the HNH Drug Testing Competency Check List. This assures that the
OHS staff maintains the integrity of the specimen collection and transfer
process. It also provides the modesty and privacy of the donor. OHS
avoids any conduct or remarks that might be construed as accusatory
or otherwise offensive or inappropriate. Complete the chain-of-custody
form appropriately and distribute as delineated on the form.
[Ord. No. 95:14 § VII]
a.
Appropriate Laboratory. Holy Name Hospital uses a laboratory that
is certified under the Department of Health and Human Services "Mandatory
Guidelines for Federal Workplace Drug Testing Program," 53 FR 11970,
April 11, 1988, and subsequent amendments thereto.
b.
Initial Screen. An immunoassay screen is run on all urine specimens
to eliminate "negative" urine specimens from further analysis. The
immunoassay meets the requirements of the Food and Drug Administration
for commercial distribution. The initial cutoffs are as listed below:
|
Substance
|
Initial Test Cutoff Levels (ng/ml)
|
|---|---|
|
Marijuana metabolites
|
100
|
|
Cocaine metabolites
|
300
|
|
Opiate metabolites
|
*300
|
|
Phencyclidine
|
25
|
|
Amphetamines
|
1,000
|
|
*25 ng/ml if immunoassay specific for free morphine.
|
c.
Confirmatory Tests. All specimens identified as positive on the initial
test shall be confirmed using gas chromatography/mass spectrometry
(GC/MS) techniques at the cutoff levels listed below. All confirmations
shall be by quantitative analysis.
|
Substance
|
Confirmatory Test Cutoff Levels (ng/ml)
|
|---|---|
|
Marijuana metabolite
|
15
|
|
Cocaine metabolite
|
150
|
|
Opiates:
| |
|
Morphine
|
300
|
|
Codeine
|
300
|
|
Phencyclidine
|
25
|
|
Amphetamines:
| |
|
Amphetamine
|
500
|
|
Methamphetamine
|
500
|
d.
Adulteration.
1.
OHS staff take all precautions to ensure that the urine specimen
is not adulterated or diluted during collection and that the information
on the urine bottle and information on the custody and control form,
accurately identify the employee from whom the collection was taken.
2.
To deter the dilution of specimens, bluing agents are placed in the
toilet and other water sources are turned off.
3.
Employees are positively identified upon arrival in the department.
4.
If an employee fails to arrive on time for specimen collection the
contact person is notified.
5.
All other requirements as delineated in CFR 40:25(f)(1)—(10)
in completion of forensic chain-of-custody procedures are followed
by the staff.
e.
Reporting of Test Results.
1.
The reference laboratory will report results to the MRO within an
average of five working days after receipt in the laboratory.
2.
The report shall identify the drugs tested, whether positive or negative,
the specimen number assigned in OHS, and the laboratory accession
number.
3.
All negative specimens shall be reported as negative whether negative
on the initial test or after a confirmation test has been run. Only
specimens confirmed as positive will be reported as positive.
4.
The MRO may request the results and the laboratory must provide quantitation
of test results.
5.
The MRO may only report that the tests were positive or negative
and if positive, for what drug the tests positive but may not reveal
the quantitative results.
6.
The MRO must receive the original and a certified true copy of the
test results.
7.
The certified laboratory is to provide a system which ensures security
of data transmission.
8.
The laboratory is to provide the employer with a monthly statistical
summary of urinalysis testing. That information is to include data
on initial testing (number of specimens received, number reported
out, number of specimens screened positive for drugs tested) and confirmatory
testing (number of specimens received, number reported out, number
of specimens screened positive for drugs tested).
9.
Laboratory will make analytical results available when requested
by DOT or other regulatory agencies.
10.
Information on individual screening is to be retained by the laboratory
for a period of two years in accordance to CFR 40.29.
f.
Specimen Retention. Drug testing laboratories shall retain and place
in properly secured long-term frozen storage for a period of one year
all specimens confirmed positive in their original labeled specimen
bottles. Exception is to be made when the laboratory is notified the
specimen is under legal challenge in which case the specimen is to
be retained indefinitely.
[Ord. No. 95:14 § VIII]
a.
Medical Review Officer. The MRO is to provide "clinical confirmation"
of a presumptive positive test result as provided by the laboratory.
The legitimacy, in terms of medical considerations, needs to be made
on the basis of medical history and biomedical information. Positive
results may only be reported to the contact person after the MRO has
made a clinical confirmation.
b.
Positive Test Results.
1.
Prior to the MRO verification of a positive result the MRO shall
give the employee an opportunity to discuss the result by contacting
the individual and Borough contact person directly.
2.
If unable to contact the employee the MRO can request that the Borough
contact person reach the employee and have that employee contact the
MRO. Every possible effort must be made to keep the need for MRO contact
confidential.
3.
After making all reasonable efforts, the employee cannot be reached,
the employee may be placed on temporary medical leave (unqualified).
5.
Following verification of positive test results, the MRO will inform
the employee of the need to report to the Borough contact person and
of the need to make an appointment with the Borough EAP (Employee
Assistance Program).
c.
Verification for Opiates; Review for Prescription Medicine. Before
the MRO verifies a confirmed positive result for opiates, there must
be clinical evidence, in addition to the urine test, of unauthorized
use of any opium, opiate, or opium derivative (e.g. morphine/ codeine).
(This requirement does not apply if the GC/MS testing or opiates confirms
the presence of 6-monoacetylmorphine.)
d.
Adulteration.
1.
The chain-of-custody protocol for specimen collection within OHS
prevents adulteration of specimens. In addition, if the last specimen
provided by an employee was determined by the laboratory to have a
specific gravity of less than 1.003 or a creatinine concentration
below .2 g/L, the donor may loose his right to privacy during any
subsequent urine collection.
2.
The MRO may notify the employee of the results of the abnormal specific
gravity and creatinine and suggest that subsequent specimens be collected
under direct observation.
e.
Disclosure of Information.
1.
The MRO will not disclose to any third party any medical information
provided by the individual to the MRO as part of the testing verification
process. Information obtained can only be released in the following
circumstances:
(a)
An applicable DOT regulation permits or requires such disclosure.
(b)
In the MRO's reasonable medical judgment the information would
result in a determination that the employee was unqualified for the
work assigned.
(c)
In the MRO's reasonable medical judgment, information indicates
that continued performance by the employee would pose a significant
safety risk.
2.
Before obtaining medical information, the MRO must disclose to the
employee that medical information may be disclosed to a third party
and those possible third parties are to be identified.
f.
Notification of Test Results.
1.
Positive Results: The MRO will notify the employee of positive test
results and after that discussion the MRO or designee will notify
the Borough contact person.
2.
Negative Results: The employee will be notified of the negative results
of the tests in writing and those results placed on the employee's
medical record.
g.
Retest Procedures. The MRO must notify the employee and Borough contact
person of the right to have the specimen (in the case when a single
specimen has been submitted), retested to verify the positive within
seventy-two (72) hours. The specimen will be sent to another DHHS
laboratory upon request by the MRO. When the employer uses a split
sample method of collection the employee is not authorized to request
a reanalysis of the primary specimen. The request must be made by
the employee of the MRO. Only the MRO can request the repeat testing
of the laboratory.
[Ord. No. 95:14 § IX]
a.
Confidentiality and Access to Medical Records.
1.
All drug testing information is to be kept in a secure location with
controlled access.
2.
Results of testing are provided only to the Borough contact person
or to his/her designee when absent.
3.
Only staff members of the OHS Department have physical access to
testing information.
4.
No drug or alcohol testing results shall be released except as required
by law without the separate informed consent of the employee.
b.
Maintenance and Disclosure Records. An employee is entitled to any
record pertaining to his/her drug tests upon written request. All
records are maintained for a period of 30 years beyond the termination
date of the employee.
[Ord. No. 95:14 § X]
a.
Supervisory Education and Training. Supervisors will receive training
on an annual basis on the current Borough Alcohol Testing Policies
as well as training in the recognition of substance abuse in the workplace.
b.
Employee Education and Training. All employees and prospective employees
will be notified of the Drug and Alcohol Testing Program in the Borough
of New Milford. A copy of the written notification and an explanation
of the policy will be provided to employees prior to the initiation
of the drug and alcohol testing program. A signed receipt will be
obtained from each employee which shall be maintained in the individual
employee's personnel record. All prospective employees shall be informed
of the drug and alcohol testing program at the onset of the application
process. All employees will receive annual training on the implications
of substance abuse in the workplace, any changes in drug and alcohol
testing policies at the hospital and how to recognize symptoms of
substance abuse in the workplace.
c.
Referral Evaluation and Treatment.
1.
Pre-employment Drug and Alcohol Testing - Any prospective employee
with positive results will not be eligible for employment.
2.
Current employees who test positive for drugs or alcohol are required
to interview with the Borough contact person who will require:
(a)
The employee is to meet with the EAP Substance Abuse Professional
(SAP) for evaluation and probable referral to an appropriate rehabilitation
program.
(b)
The employee is to avail him/herself of the rehabilitative process
recommended by the SAP at his/her own expense using existing medical
coverage as available for such services.
(c)
Failure to comply will result in termination of employment.
d.
Return-to-Duty and Follow-up Testing.
1.
When the employee's counselor determines that the employee has reached
a level whereby return to work is possible, the employee is to return
to the SAP for verification of sufficient progress.
2.
The SAP provides a recommendation to Holy Name Hospital that the
employee may return to duty.
3.
Follow-up drug and alcohol testing will be done for a period of not
less than 12 months and no longer than 60 months following the return-to-duty.
(a)
In the first 12 month period no fewer than six tests are to
be performed.
(b)
The SAP may determine, at any time after the initial 12 month
period, that further testing is unnecessary.
(c)
Refusal to be tested at this time as with any other drug and
alcohol test required by the Borough will be considered the same as
a positive test.
(d)
Positive tests subsequent to return from rehab will result in
termination of employment.
[Ord. No. 95:14 § XI]
a.
Pre-Employment. Positive testing for drug and/or alcohol will result
in disqualification of the applicant for employment.
b.
Random and Reasonable Cause Testing. Positive test results of employees
on random and reasonable cause testing will require the following:
c.
Refusal to Submit to Testing. Employees who refuse to submit to testing
will be considered insubordinate and will be subject to the counseling
process by his/her supervisor or termination and will be subject to
the same protocols as those with a positive test result.
d.
Attempted Adulteration or Tampering. Should an employee, due to observed
documented behavior at the testing site or through laboratory findings
and results, raise reasonable suspicion for tampering, he/she will
be subject to the following:
[Ord. No. 95:14 § XII]
a.
Holy Name Hospital will submit three blind performance specimens
for every 100 specimens collected to each laboratory used for drug
testing. This will be done to assure the accuracy of the results received
from the laboratory. Eighty (80%) percent of the samples shall be
blank and the others shall be spiked for those drugs for which the
employees are being tested.
b.
An on-going record shall be maintained of the findings and aberrancies
reported to NIDA.
[Ord. No. 95:14 § XIII]
The following are the specific records to be maintained on the
Drug and Alcohol Testing Program at Holy Name Hospital:
a.
Records Related to the Collection Process.
1.
Collection Log Books.
2.
Documents related to the random selection process.
3.
Calibration Documentation of the EBT's (Evidential Breath Testing)
Equip.
4.
Documentation of the Breath Alcohol Technician Training.
5.
Documentation of the reasoning for the Reasonable Suspicion Testing.
6.
Documents verifying a medical explanation for the inability to provide
adequate breath or urine testing.
7.
Consolidated annual calendar year summaries.
b.
Records Related to the Employee's Test Results.
f.
Retention Period.
1.
The following chart shows the required retention period for the various
records:
|
Retention Period
|
Document
|
|---|---|
|
5 Years
|
Alcohol test results indicating a breath alcohol concentration
of 0.02 or greater
|
|
Verified positive results
| |
|
Refusal to submit to required alcohol and drug test
| |
|
Required calibration of evidential breath testing devices
| |
|
SAP evaluations and referrals
| |
|
Annual calendar year summary
| |
|
2 Years
|
Records related to the collection process
|
|
Training records
| |
|
1 Year
|
Negative and canceled drug test results
|
|
Alcohol test results indicating a breath alcohol concentration
of <0.02
|
2.
Records and documentation will be maintained in the Employee/Occupational
Health Office with the exception of:
(a)
Signed verification of the receipt of the explanation of the
drug and alcohol policies. This documentation will be retained in
the employee's personnel file.
(b)
Documentation of training of supervisors and employees will
be maintained in the employee's personnel file.
(c)
Training outlines and materials will be retained by HNH who
will teach the Supervisor Education portion of the program.
[Ord. No. 99:11]
Trust fund monies are available to municipalities under the
Bergen County Open Space, Recreation, Farmland, and Historic Preservation
Trust Fund.
It is necessary to authorize a cooperative agreement under the
Interlocal Services Act pursuant to N.J.S.A. 40:8A et seq. to participate
in the Trust Program.
The purpose of the agreement is to establish a legal mechanism
through which the municipality may apply for, receive and disburse
funds made available to participating municipalities under the Bergen
County Open Space, Recreation, Farmland, and Historic Preservation
Trust.
[Ord. No. 99:11]
An agreement entitled "An Agreement with the County of Bergen
for the purpose of participating in the Bergen County Open Space,
Recreation, Farmland, and Historic Preservation Trust Fund," establishing
a legal mechanism for procedures to apply for, receive, and disburse
trust funds made available to participating municipalities, shall
be executed by the Mayor/Chief Executive Officer, and the Municipal
Clerk in accordance with law.
[Ord. No. 2000:09; Ord. No. 2012:09]
The Borough of New Milford hereby creates the "New Milford Open Space, Recreation, Farmland and Historic Preservation Trust Fund" pursuant to Chapter 24 of the Public Laws of 1997, funded through property tax assessments to be determined annually by the Governing Body of the Borough of New Milford, but at a rate not to exceed one-half cent per $100 of total municipal equalized real property valuation to provide monies for the acquisition and improvement of land by the Borough of New Milford for: (i) conservation and recreation purposes, (ii) for farmland and historic preservation by the Borough of New Milford, and (iii) for grants and/or loans for the acquisition and improvement of outdoor recreational facilities.
[Ord. No. 2001:21; Ord. No. 2011:19]
a.
N.J.S.A. 40:12-5 requires a municipality to provide by ordinance
for the purchase of real property.
b.
(Reserved)
c.
The purpose of said acquisition is to forever preserve the property
in its natural state as open space.
d.
In furtherance of that purpose, restrictions will be placed in the
deeds for said property, thereby preventing the development, destruction
or alteration of the property and permitting the property to be used
only for passive recreation such as fishing, birding and/or walking.
[Ord. No. 2001:21; Ord. No. 2011:19]
The Borough will acquire the properties mentioned above and
described below:
a.
The Northerly Portion of the River Lane Property. Identified as Lots
23, 24, 25 and 26 in Block 301 of the Tax Map of New Milford, the
property measures approximately 145.12 feet by 298.04 feet by 148.29
feet by 305.99 feet.
b.
The Westerly Portion of the Lynnwood Avenue Property. Identified
as Lots 28, 29, 30 and 31 in Block 301 of the Tax Map of New Milford,
the property measures approximately 102.35 feet by 278.45 feet by
116.88 feet by 300.36 feet.
c.
The Portion of the Property Bordered by the Easterly Side of Lynnwood
Avenue, the Southerly Side of River Lane and the Westerly Side of
Roosevelt Avenue. Identified as Lots 1, 2, 3, 4, 5, 6 and 7 in Block
305 of the Tax Map of New Milford, the property measures approximately
145.62 feet by 282.86 feet on a radius by 241.21 feet by 277.48 feet
on an inverted radius.
d.
The Easterly Portion of the Roosevelt Avenue Property. Identified
as Lots 6, 7 and 8 in Block 306 of the Tax Map of New Milford, the
property measures 170.12 feet by 298.28 feet by 125.6 feet by 302.12
feet on an inverted radius.
e.
The Southerly Portion Connecting to Lynnwood Avenue and Roosevelt
Avenue at the Southerly End of Those Roads. Identified as Lot 2 in
Block 104 of the Tax Map of New Milford, the property measures approximately
116.87 feet by 550 feet by 115.47 feet by 550 feet.
f.
The Maple Avenue Property. Identified as Lot 9 in Block 104 of the
Tax Map of New Milford, the property measures approximately 53.98
feet by 304.24 feet by 121 feet by 178.46 feet by 94.97 feet and is
an irregular "pie" shaped parcel.
g.
The property identified on the municipal tax map as Block 501, Lot
12; Block 101, Lot 5; Block 906, Lot 16; Block 906, Lot 17; Block
906, Lot 18; and Block 906, Lot 19.
h.
The property identified on the municipal tax map as Block 101, Lot
1, commonly known as 1033 Steuben Avenue.
[Ord. No. 2000:11]
Pursuant to the authority provided in N.J.S.A. 11:24A-3 and
N.J.S.A. 11:14-13, the Mayor and Council of the Borough of New Milford
hereby establishes a Dedicated Trust Fund for Deferred Unused Sick
Leave. The Mayor and Council may deposit in said fund annually such
sum of money as it may deem appropriate to eliminate or reduce unanticipated
expenditures for deferred unused sick leave payable to the estate
of deceased municipal employees; to eliminate or reduce unanticipated
expenditures of deferred sick leave payable by reason of the retirement
of an unexpected number of employees in any given year; to prevent
inequitable treatment among retiring employees because of inadequate
appropriations in any given year; to provide the greatest possible
latitude in the allocation of municipal funds given the limitations
on increases of municipal expenditures mandated by N.J.S.A. 40A:4-45.1
et seq.; and to eliminate or reduce the additional tax burden upon
municipal taxpayers that would result from large payments for deferred
unused sick leave to retiring employees or their estates in any given
year.
[Ord. No. 2000:11]
Pursuant to the authority provided in N.J.S.A. 40A:4-63, the
funds deposited in said Dedicated Trust Fund for Deferred Unused Sick
Leave shall be used for no other purpose. Interest earned on said
fund shall be added to the corpus of said trust when paid and shall
be expended for no other purpose than the corpus of said trust. Said
trust shall be established in an authorized statutory depository and
designated as such by resolution of the Mayor and Council.
[Ord. No. 2000:06; Ord. No. 2009:18; Ord.
No. 2010:04]
a.
Program Created. A Length of Service Awards Program (LOSAP) is herewith
created in accordance with Chapter 388 of the Laws of 1997, to reward
members of the volunteer firefighters and ambulance corps members
for their loyal, diligent, and devoted services to the residents of
the Borough of New Milford.
b.
Annual Contributions. The LOSAP shall provide for fixed annual contributions
to a deferred income account for each volunteer member that meets
the criteria set forth below, that such contributions shall be made
in accordance with a plan that shall be established by the Borough
of New Milford pursuant to P.L. 1997, c. 188, and that such plan shall
be administered in accordance with the laws of the State of New Jersey,
the US Internal Revenue Code, and this section.
c.
Criteria for Eligibility. The LOSAP shall provide for annual contributions
to each eligible member that meets the criteria as follows:
1.
Achieves minimum service levels to be eligible for an annual contribution;
2.
An active volunteer of the Fire Department shall receive a credit
for each calendar year in which he or she has been certified by the
emergency service to have satisfied the annual service requirements
of Appendix D[2] and the criteria established under N.J.S.A. 40A:14-188;
and
[2]
Editor's Note: The Appendices referred to herein, may be found
on file in the office of the Borough Clerk.
3.
An active volunteer of the Ambulance Corp. shall receive a credit
for each calendar year in which he or she has been certified by the
emergency service to have satisfied the annual service requirements
of Appendix E and the criteria established under N.J.S.A. 40A:14-188;
and
4.
No LOSAP annual service credit will be issued unless the member satisfies
the annual service requirements;
5.
Five years of annual service credit are required for vesting;
6.
Prior years' service shall not be considered in the five year vesting
requirement;
7.
The annual contribution shall be $600 for the first year, increased
annually for the first 10 years by an amount not to exceed $55/year
per eligible member.
8.
New members joining the New Milford Fire Department or the New Milford
Ambulance Corps., who qualify in any given service year, shall receive
the same base amount offered to current members.
d.
Prior service shall include volunteer membership and participation
in the New Milford Fire Department, New Milford Volunteer Ambulance
Corps., Inc.
f.
g.
The LOSAP shall provide for contributions, as credit for no more
than 10 years of prior services for each eligible volunteer in accordance
with the following schedule:
[1]
Editor's Note: Length of Service Awards Program codified herein
was approved by the voters of the Borough of New Milford.
[Prior § 2-54A Health Benefits for Retirees, was
repealed 3-13-2023 by Ord. No. 2023:12. Prior history includes Ord. No. 2011:10.]
[Prior § 2-54B Restrictions on Awarding of Contracts
to Certain Business Entities, was repealed 10-23-2023 by Ord. No. 2023:37. History includes Ord. No. 2011:17, Ord. No. 2023:11.]
[Ord. No. 2017:14; Ord. No. 2018:17]
Any payment in excess of $25 be made by and through submission
of a check or money order only.
In the event that a check is returned due to insufficient funds,
the account holder shall be fined a twenty ($20.00) dollar returned
check fee.
[Added 9-13-2021 by Ord.
No. 2021:17]
The Borough of New Milford declares that an antinepotism policy
should be enacted.
[Added 9-13-2021 by Ord.
No. 2021:17]
As used in this section, the following terms shall have the
meanings indicated:
A person who is employed by the Borough full-time, part-time
or seasonal at the time this section is enacted.
Spouse, child, parent, sibling, grandparent, grandchild,
father-in-law, mother-in-law, brother-in-law, sister-in-law, stepfather,
stepmother, stepsibling, half sibling, nephew, niece, first cousins,
aunt, uncle, foster children, domestic partner or parties to a civil
union. (Hereinafter referred to as "family member.")
[Added 9-13-2021 by Ord.
No. 2021:17]
a.
No person who is a family member of any elected official of the Borough
of New Milford shall be considered for employment or hired. Employees
who are family members at the time this section is enacted are exempt
from this requirement and may remain employed.
b.
No elected official shall serve as Council liaison to any board,
commission, committee, or department that employs a family member
of that elected official.
c.
No employee of the Borough of New Milford shall be in a supervisory
position over a family member. No employee of the Borough may accept
employment from a family member. This policy does not apply to current
employees of the Borough of New Milford.
d.
These policies are not for the purpose of depriving any citizen of
an equal chance for a government job, but solely to eliminate the
potential for preferential treatment of family members of New Milford
elected officials. These policies will not deprive any current employee
of any promotional right, and this section shall not affect the existing
status of any current employee.
e.
This section shall not apply to the family member of any member of
any local government agency, board, commission, and committee where
that member is serving as a volunteer.
[Added 9-13-2021 by Ord.
No. 2021:17]
No elected official of the Borough of New Milford or supervisor
may participate in the promotion process, or any other personnel matter,
of any Borough employee who is a family member of such elected official
or supervisor.
[Added 9-13-2021 by Ord.
No. 2021:17]
No family member of an elected official of the Borough of New
Milford shall be appointed to the position of any Borough professional
who receives compensation, or any Borough board or commission which
has more than an advisory role and/or one in which the members receive
compensation.
[Added 9-13-2021 by Ord.
No. 2021:17]
The Borough of New Milford declares that an antinepotism policy
should be enacted.
[Added 9-13-2021 by Ord.
No. 2021:17]
As used in this section, the following terms shall have the
meanings indicated:
A person who is employed by the Borough full-time, part-time
or seasonal at the time this section is enacted.
Spouse, child, parent, sibling, grandparent, grandchild,
father-in-law, mother-in-law, brother-in-law, sister-in-law, stepfather,
stepmother, stepsibling, half- sibling, nephew, niece, first cousins,
aunt, uncle, foster children, domestic partner or parties to a civil
union. (Hereinafter referred to as "family member.")
[Added 9-13-2021 by Ord.
No. 2021:17]
a.
No person who is a family member of any elected official of the Borough
of New Milford shall be considered for employment or hired. Employees
who are family members at the time this section is enacted are exempt
from this requirement and may remain employed.
b.
No elected official shall serve as Council liaison to any board,
commission, committee, or department that employs a family member
of that elected official.
c.
No employee of the Borough of New Milford shall be in a supervisory
position over a family member. No employee of the Borough may accept
employment from a family member. This policy does not apply to current
employees of the Borough of New Milford.
d.
These policies are not for the purpose of depriving any citizen of
an equal chance for a government job, but solely to eliminate the
potential for preferential treatment of family members of New Milford
elected officials. These policies will not deprive any current employee
of any promotional right, and this section shall not affect the existing
status of any current employee.
e.
This section shall not apply to the family member of any member of
any local government agency, board, commission, and committee where
that member is serving as a volunteer.
[Added 9-13-2021 by Ord.
No. 2021:17]
No elected official of the Borough of New Milford or supervisor
may participate in the promotion process, or any other personnel matter,
of any Borough employee who is a family member of such elected official
or supervisor.
[Added 9-13-2021 by Ord.
No. 2021:17]
No family member of an elected official of the Borough of New
Milford shall be appointed to the position of any Borough professional
who receives compensation, or any Borough board or commission which
has more than an advisory role and/or one in which the members receive
compensation.
