[8-12-2019 by Ord. No.
2019-23[1]]
[1]
Editor's Note: This ordinance amended in its entirety former
Ch. 9, Personnel Policies, adopted by Ord. No. 1035, as amended.
Applicants seeking employment with the Township shall complete
an "Application for Employment" form supplied by the Business Administrator.
a.
All applicants who have been hired shall receive a copy of the personnel
regulations of the Township and shall read and thereafter agree in
writing to abide by and conform to the policy, code of conduct, requirements
and restrictions contained therein and in this chapter.
b.
The provisions of this chapter are declared to be severable, and
if any section, subsection, sentence, clause or phrase hereof shall,
for any reason, be held to be inconsistent with any valid negotiated
agreement, such decision shall not affect the validity of the remaining
sections, subsections, sentences, clauses and phrases of this chapter,
but they shall remain in effect, it being the legislative intent that
this chapter shall stand notwithstanding the invalidity of any part.
c.
Any applicant who does not agree in writing to abide by and conform
to these regulations shall be ineligible for employment and will be
so advised.
d.
In the event that the provisions of this subsection are in conflict
or are inconsistent with any valid negotiated collective bargaining
agreement or employment contract, the terms of said agreement or contract
shall prevail.
When the applicant has been conditionally hired, the Township
shall make an appointment for a medical examination and advise the
doctor to return the completed medical examination form directly to
the Human Resources Director for a final determination regarding the
hiring.
If the job responsibilities for which the applicant was hired
include handling of money and/or entering a private dwelling or commercial
establishment, a criminal background check shall be performed. The
applicant shall be required to sign an Authorization for Release of
Personal Information which is included in the employment application.
The applicant shall not commence employment with the Township until
the background check has been completed and received by the Human
Resources Director. A conviction of any violation of the law or uniform
code of military justice other than minor traffic violations may cause
the employment to be rescinded at the discretion of the Township Committee.
a.
The applicant can only be employed by resolution adopted at the discretion
of the Township Committee. When a resolution employing the applicant
is adopted by the Township Committee, the applicant will be notified
by the Business Administrator to report to the Human Resources Office
for completion of the necessary formalities and signing of any other
documents required.
b.
In the event that the Business Administrator determines that a position
must be filled immediately due to an emergency, the Administrator
shall have the right to hire an individual to fill said position on
a temporary basis contingent upon adoption of a resolution by the
Township Committee.
The Human Resources Director will check all papers, etc., for
completeness and set up a personnel file for the employee. Only one
personnel file shall be maintained by the Township on an employee.
Nothing of an adverse nature shall be placed in an employee's file
without attempting to attain his or her initials thereon and a copy
being given to the employee. A box to check off agreement or disagreement
will be provided, along with a place for the employee's signature
and date.
Permanent, full-time employees shall mean those employees who
have completed the probationary period and work a regular hourly week
for the department in which they are employed, earn more than the
amount required by the New Jersey Division of Pensions and Benefits,
in each quarter of the calendar year, and are otherwise eligible for
benefits under the New Jersey Division of Pensions and Benefits Retirement
Programs and the New Jersey State Health Benefits Program.
Permanent, part-time employees shall mean those employees who
have completed the probationary period and work a consistent schedule
that is on average less than the regular hourly week for the department
in which they are employed but more than 1,250 hours per year, and
earn more than the amount required by the New Jersey Public Division
of Pensions and Benefits to qualify for retirement benefits.
Casual/per-diem employees are defined as those employees who
do not work more than 1,250 hours per year and are not eligible to
enroll in the New Jersey State Health Benefits Program. If a casual
employee becomes a probationary or permanent employee in the same
or a related position, the time served as a casual employee shall
be credited for permanency and seniority purposes.
a.
All employees hired after the date of this chapter, except elected
officials, employees holding statutory positions, casual employees,
or those employees represented by a recognized collective bargaining
unit, shall serve a probationary period of not less than 90 days,
nor no more than one year unless the employee is terminated prior
thereto by resolution of the Township Committee.
b.
At the end of the ninety-day probationary period, the employee shall
continue on probation until such time as the employee is designated
as a permanent employee or is terminated by resolution of the Township
Committee, but such probationary period shall not exceed a total of
one year unless specifically extended by a resolution of the Township
Committee. The anniversary date of all permanent full-time and permanent
part-time employees covered by this agreement shall be the actual
first date of continuous employment with the Township of Neptune.
If a casual employee becomes a probationary or permanent employee
in the same or a related position, the time served as a casual employee,
up to a maximum of one year, shall be credited for the purpose of
establishing the employee's anniversary date.
"Grant employees" shall mean any employee hired in conjunction
with a specific program funded either in whole or in part by the federal,
state, or county governments. Said employee shall be hired in conformity
with the guidelines prescribed by the funding program and shall be
entitled only to those benefits as required by the program.
All casual, probationary and grant employees, and statutorily
elected officials are subject to the provisions of this chapter, except
as otherwise may be provided by the Township Committee.
With regard to elected officials, it is understood that none of the provisions of § 9-1 shall in any way reduce or limit the benefits received by elected officials from those generally received by the full-time permanent employees.
Administration of this chapter shall be free of any personal
or political considerations.
Continuation of employment shall be at the discretion of the
Township Committee and be subject to good behavior, satisfactory performance
of work, necessity for the performance of work, availability of funds
and compliance with the requirements of this chapter. The Township
Committee shall terminate the services of an employee in accordance
with the procedure outlined in this chapter.
a.
It is the intent of this subsection to give a preference to qualified
and capable Neptune Township residents in the hiring process for new
employees in the Township of Neptune, accordingly, when the Township
attempts to employ an individual as a new hire to fill a position
and has been unable to fill the position, even though exercising diligent
effort, for a period of 14 days, the Township Committee may employ
a nonresident to fill the position provided the following criteria
is followed:
1.
Diligent effort has been exercised which shall include posting on
Township social media accounts and on the Township's website.
2.
A qualified, capable Neptune Township resident has not been located
to fill the position within the fourteen-day period.
3.
The Business Administrator recommends to the Township Committee the
employment of a nonresident to fill the position after the fourteen-day
period.
4.
In the event a nonresident is hired to fill the position, the employee
shall be requested, but not required, to become domiciled in the Township
of Neptune.
b.
Grant employees may be exempt from the provisions of this subsection
provided the funding program does not allow for discrimination with
regard to residency. It shall be understood that to be considered
for permanent employment, a grant employee shall be required to comply
with the requirements of this section.
The Township hereby retains and reserves unto itself, without
limitation, all powers, rights, authority, duties and responsibilities
conferred upon it prior to the adoption of this chapter by the laws
and Constitution of the State of New Jersey and of the United States,
including, but without limiting the generality of the foregoing, the
following rights:
a.
To the executive management and administrative control over the Township
government and its properties, facilities and the activities of its
employees by utilizing personnel, methods and means of the most appropriate
and efficient manner possible as may from time to time be determined
by the Township Committee; to make rules of procedure and conduct,
to use improved methods and equipment, to determine work schedules
and shifts, to decide the number of employees needed for any particular
time and to be in sole charge of the quality and quantity of the work
required; to make such reasonable rules and regulations as it may
from time to time be deemed best for the purposes of maintaining order,
safety and/or effective operation of the Township.
b.
To hire all employees and, subject to the provisions of law, to determine
their qualifications and conditions for continued employment or assignment
and to promote, transfer, assign or retain employees in positions
within the Township.
c.
To take any permissible disciplinary action, such as to suspend,
demote, discharge or take any other appropriate disciplinary action
against any employee for good and just cause according to law.
d.
To lay off employees in the event of lack of work or funds or under
conditions where continuation of such work would be inefficient and
nonproductive.
e.
The Township's rights with regard to all other conditions of employment
not reserved to make such changes as it deems desirable and necessary
for the efficient and effective operation.
The exercise of the foregoing powers, rights, authority, duties
and responsibilities of the Township, the adoption of policies, rules,
regulations, Code of Conduct, and practices in furtherance thereof,
and the use of judgment and discretion in connection therewith shall
be limited only by the specific and express terms of this chapter
and then only to the extent such specific and express terms hereof
are in conformance with the Constitution and laws of the State of
New Jersey, and of the United States. Nothing contained herein shall
be construed to deny or restrict the Township of its rights, responsibilities
and authority under N.J.S.A. 40 and 40A:1-1 et seq. or any other national,
state, county, or local laws or regulations.
The Township Committee reserves the right to terminate an employee
at any point of time in accordance with any ordinance adopted by the
Township Committee.
The Business Administrator shall have the power to establish
such rules and regulations which are necessary for the routine administration
or implementation of this chapter. This authority to establish rules
and regulations shall in no way be administered so as to change the
intent of this chapter or to take away the ultimate authority of the
Township Committee.
Any employee not directly responsible to a department head or
supervisor, but subject to this chapter, is under the direct supervision
and authority of the Business Administrator.
The Township decrees that there shall be no discrimination against
any employee because of race, creed, color, religion, sex, national
origin, political affiliation or sexual orientation.
During any Neptune Township Committee member's term and for
a period of one year next subsequent to the termination of office
of such Committee member, the Neptune Township Committee shall prohibit
the following employment or professional or business service practices:
a.
No Township Committee member or relative of such Committee member
shall have an interest in a business organization or engage in any
business, transaction, or professional activity, unless such business,
transaction or professional activity is awarded by public bid;
b.
Restrictions.
1.
The Neptune Township Committee or any Committee member shall not:
(a)
Award any contract which is not publicly bid to such Committee
member and/or such member's relative;
(b)
Allow such Committee member or relative of such Committee member
to represent, appear for or negotiate on behalf of any other party
before any board, commission, authority or otherwise, unless such
prohibition would otherwise be permitted by law;
(c)
Employ for compensation or without compensation, except pursuant
to open competitive examination in accordance with Title 11A of the
New Jersey Statutes and the rules and regulations promulgated pursuant
thereto, any former Committee member or relative of such Committee
member, for any position within the Township of Neptune over which
the Township of Neptune has direct hiring authority; or
(d)
Influence or attempt to influence the hiring, firing, promotion,
demotion or transfer of a relative of the Committee member who is
employed or could potentially be employed by the Township of Neptune
or any other governmental entity in the Township of Neptune.
2.
The restrictions contained in this subsection shall also apply to
any business organization in which such Committee member or relative
holds an interest;
c.
No Township Committee member shall use or attempt to use his official
position or influence to secure unwarranted privileges or advantages
for himself or others, including but not limited to relatives of such
Committee member;
d.
No Township Committee member shall act in his official capacity in
any matter where such Committee member, a relative of such Committee
member or a business organization in which the Committee member has
an interest, has a direct or indirect financial or personal involvement
that might reasonably be expected to impair his objectivity or independence
of judgment;
e.
No Township Committee member shall undertake any employment or service,
whether compensated or not, which might reasonably be expected to
prejudice his independence of judgment in the exercise of his official
duties;
f.
No Township Committee member or his/her relative or business organization
in which he has an interest shall solicit or accept any gift, favor,
loan, political contribution, service, promise of future employment,
or other thing of value based upon an understanding that the gift,
favor, loan, contribution, service, promise, or other thing of value
was given or offered for the purpose of influencing such persons,
directly or indirectly, in the discharge of the Committee member's
official duties. This provision shall not apply to the solicitation
or acceptance of contributions to the campaign of an announced candidate
for elective public office, if the local government officer has no
knowledge or reason to believe that the campaign contribution, if
accepted, was given with the intent to influence the local government
officer in the discharge of his official duties;
g.
No Township Committee member shall use, or allow to be used, his
public office or employment, or any information, not generally available
to the members of the public, which he receives or acquires in the
course of and by reason of his office or employment, for the purpose
of securing financial gain for himself, any member of his immediate
family, or any business organization with which he is associated;
h.
No Township Committee member, relative of such Committee member or
business organization in which such member has an interest shall represent
any person or party in connection with any cause, proceeding, application
or other matter pending before any agency in the local government
in which such Committee member serves. This provision shall not be
deemed to prohibit one local government employee from representing
another local government employee where the local government agency
is the employer and the representation is within the context of official
labor union or similar representational responsibilities;
i.
No Township Committee member shall be deemed in conflict with these
provisions if, by reason of his participation in the enactment of
any ordinance, resolution or other matter required to be voted upon
or which is subject to executive approval or veto, no material or
monetary gain accrues to him as a member of any business, profession,
occupation or group, to any greater extent than any gain could reasonably
be expected to accrue to any other member of such business, profession,
occupation or group;
j.
Elected Township Committee members shall not be prohibited from making
an inquiry for information on behalf of a constituent, if no fee,
reward or other thing of value is promised to, given to or accepted
by the officer or a member of his immediate family, whether directly
or indirectly, in return therefor; and
k.
Nothing shall prohibit any Township Committee member or members of
his immediate family from representing himself, or themselves, in
negotiations or proceedings concerning his, or their, own interests,
provided that such negotiations or proceedings do not impair the objectivity
or independence of judgment of any other Township Committee member
or other local government officer, supervisor or employee of the Township
of Neptune.
l.
No department head, supervisor or person in any other administrative
position shall hire or cause to be hired any personnel who is a relative
of such person, or is a relative of any Neptune Township Committee
member, for a position within the Township of Neptune in the same
department over which such person has direct hiring authority.
m.
No local government agency or authority shall hire or cause to be
hired any person who is: 1) a relative of any Neptune Township Committee
person for any employment, consulting or professional service position;
or 2) any relative of any member of the local government agency, for
a position within the Township of Neptune in the same department over
which such local government agency has direct hiring authority. The
provisions of this section shall not apply to seasonal or temporary
employment.
n.
No department head, supervisor or person in any other administrative
positions, or any member of any local government agency, shall influence
the hiring, firing, promotion, demotion or transfer of a relative
of the department over which, or the agency over which, such person
or member has control.
1.
The term "relative" shall be defined as parent, spouse, child, sibling,
grandparent, grandchild, aunt, uncle, niece, nephew, cousin, in-law
or step-relative, domestic partner or co-habitant.
2.
The term "local government agency or authority" shall be defined
as any board, bureau, division, commission, authority, committee or
other instrumentality within the Township of Neptune, and any independent
local authority, which performs functions other than a purely advisory
nature, and whereby the Township Committee appoints the members of
such governing body, but shall not include the local school board.
3.
The provisions of this chapter are intended to effect upon all future
hiring, firing, promoting, demoting, transferring or appointing of
any persons as an employee, supervisor, director, member, commissioner
or otherwise, within the local governing organization of the Township
of Neptune, whether or not it shall have an impact on any current
or future employee or appointment.
[8-12-2019 by Ord. No.
2019-23]
Any one of the following shall be cause for disciplinary action
or termination of employment, although termination may be made for
sufficient causes other than those listed:
a.
Neglect of duty or lack of productivity;
b.
Incompetency or inefficiency;
c.
Incapacity due to mental or physical disability;
d.
Insubordination or serious breach of discipline;
e.
Chronic or excessive tardiness or absenteeism;
f.
Disorderly or immoral conduct;
g.
The conviction or admission of any criminal act or offense;
h.
Negligence of or willful damage to public property or waste of public
supplies;
i.
Public conduct while in a Township uniform reflecting a discredit
to the Township;
j.
The use or attempt to use one's authority or official influence to
control or modify the political action of any person in the Township
or engaging in any form of political activity during working hours;
k.
Leaving an assigned post or work station during the work period without
the approval of the supervisor in charge of the operation;
l.
Any violation of the Township's policies with regard to drug and/or
alcohol use.
[8-12-2019 by Ord. No.
2019-23]
[Amended 12-6-2021 by Ord. No. 21-53]
The standard weekly and hourly work period for Township employees
is as follows:
|
Department
|
Time Range
|
Hours
|
Lunch
|
Refreshment Break
|
|---|---|---|---|---|
|
Monday to Friday
| ||||
|
Administrative Departments
|
8:00 a.m. to 4:30 p.m.
|
8
|
1 hr. period
|
2
|
|
Public Works and Sewer
|
6:30 a.m. to 3:00 p.m.
|
8 1/2
|
1/2 hr. period
|
2
|
|
Monday to Sunday
| ||||
|
Custodians
|
24 hours daily
|
8 1/2
|
1/2 hr. break
|
2
|
|
Emergency Medical Services
|
24 hours daily
|
13 to 14
|
1/2 hr. period
|
3
|
|
Police civilians
|
6:30 a.m. to 4:30 p.m.
|
8
|
1 hr. period
|
2
|
|
Police/jailers
|
24 hours daily
|
1/2 hr. break
|
0
| |
|
Library
|
In accordance with schedule established by the Library Trustees
| |||
|
Recreation
|
Same as Administrative Departments, but may flex schedule to
accommodate program activities
| |||
The phrase "lunch break" shall mean lunch eaten on the job site
or lunch eaten by an employee remaining on call. The phrase "lunch
period" shall mean that period where an employee is relieved of his
job responsibility and is free to leave the job site.
The standard work week, except as otherwise stated, is considered to start Monday and end Sunday. Except as described otherwise in Subsection 9-3.1, all employees shall be entitled to two fifteen-minute refreshment breaks within their normal work shift, to be taken at the time scheduled by the department head or supervisor. Breaks shall not be accumulated. The term "refreshment break" requires the employees to remain in the work area where they are assigned at the time the break is taken.
a.
Any permanent change in the standard hourly work period must be authorized
in advance by the Township Committee. Regular assigned shifts, for
all employees, with the exception of Emergency Medical Service Technicians,
shall not be altered on less than seventy-two-hour notice except in
the event of an emergency declared such by the Business Administrator.
[Amended 12-6-2021 by Ord. No. 21-53]
b.
The Township retains the right at its discretion to temporarily change
the work week by notifying the employee under the following formula:
c.
The employee may waive the notice requirement.
Casual employees shall work in accordance with a schedule of
hours established by the department head and approved by the Business
Administrator.
[Amended 12-6-2021 by Ord. No. 21-53]
In the event that an emergency or inclement weather necessitates
the closing down of any operation of the Township, all permanent,
full-time employees, with the exception of essential employees such
as police officers and Emergency Medical Service Technicians, affected
by the closing and who have started their assigned work period shall
be paid their normal compensation for that day as if they had performed
the normal work assignment. All casual or permanent part-time employees
shall not be compensated except for those hours actually worked.
[Amended 12-6-2021 by Ord. No. 21-53]
In the event of an emergency, as determined by the Business
Administrator, any employee who is advised not to report to work will
be paid for the day, up to two days per calendar year. Employees who
are deemed as essential employees by the Business Administrator and
are required to work and who do work or employees who are not otherwise
notified not to report and who do work, will receive compensatory
time off for each hour worked with a minimum of two hours and a maximum
of eight hours. Any additional days of emergency which occur within
a calendar year and result in an employee being advised not to report,
the employee may charge his/her time off to any time on the books,
defined as sick time or comp time. This section shall not apply to
police officers nor Emergency Medical Services employees.
a.
All employees shall report to work regardless of the condition of
the weather or the existence of a state of emergency of whatsoever
cause, and the Township reserves the right to adjust accordingly the
compensation of those employees who fail to report to work for the
reasons aforesaid.
c.
Even though there is no pay loss for the first 16 minutes of tardiness,
the Township reserves the right to impose disciplinary action upon
an employee who is chronically or excessively late.
d.
Regular attendance during all scheduled hours of work, reporting,
for work on time and continuing to work to the end of the work period
is expected of every Township employee. Unsatisfactory attendance,
including reporting late or quitting early may be cause for disciplinary
action, up to and including termination.
[8-12-2019 by Ord. No.
2019-23]
a.
The following days will be considered as holidays for all eligible
Township permanent, full-time employees: New Year's Day, Martin Luther
King's Day, President’s Day, Memorial Day, Fourth of July, Labor
Day, Columbus Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving
and Christmas Day. A “floating holiday” may be observed
on another date as approved by the Business Administrator in cooperation
with the leadership of the bargaining unit(s) representing administrative
and public works employees. It is clearly understood that casual employees
shall not receive holiday pay. All Township permanent, full-time employees
except members of the Police Department, Communications Operators,
Emergency Medical Technicians and Custodial staff shall have the holidays
enumerated in this section off with regular pay. Members of the Police
Department, Communications Operators, Emergency Medical Technicians
and Custodial staff are required to work a full workweek as scheduled
by their supervisor, department head or by the Business Administrator
and will receive compensation in lieu of time off as set forth in
the negotiated agreements between the Township and their respective
bargaining units. It is clearly understood that casual employees shall
not receive holiday pay, with the exception of Emergency Medical Technicians
(EMTs) who work on Township holidays and will be compensated at time
and one-half.
[Amended 12-6-2021 by Ord. No. 21-53]
Holidays falling on Sunday are observed on the following Monday.
Holidays falling on a Saturday will be observed on the preceding
Friday.
An employee who is absent without leave on the day immediately
preceding or on the day immediately following a holiday shall not
be paid for the holiday nor for the day of unauthorized absence.
[Amended 12-6-2021 by Ord. No. 21-53]
When a permanent full-time employee other than members of the
Police Department, communications operators, Emergency Medical Services
Technicians and maintenance staff is required to work on a holiday
in order to maintain certain services, the employee shall be allowed
compensatory time off as near to the holiday as can be arranged between
the employee and the department head or supervisor. Where the department
head or supervisor recommends that the employee be paid compensation
in lieu of compensatory time off, the compensation shall be paid at
the rate of 1 1/2 times the individual's standard hourly pay
for each additional hour worked.
a.
Probationary or permanent full-time employees with the exception
of Emergency Medical Technicians and those employees with a bargaining
unit or individual employment contract, shall be entitled to four
personal days in each twelve-month period beginning on the employees’
first anniversary date. Probationary or permanent part-time employees
are eligible on a prorated basis. Personal days shall not be accumulated
nor shall the personal days be taken on a day immediately prior to
or on the day immediately after a holiday or vacation day nor shall
payment be made for unused personal days at the end of the year. It
is understood that casual employees are not eligible for this benefit.
Employees with bargaining unit contracts and/or employment agreements
will receive personal days as described therein. Full-time Emergency
Medical Service Technicians will receive 32 hours of personal time
and may utilize same as described herein.
[Amended 12-6-2021 by Ord. No. 21-53]
b.
Personal days may be used for personal, business, household or family
matters described below:
1.
Personal business means an activity that requires the employee's
presence during the work day and is of such a nature that it cannot
be attended to at a time outside of the work day.
2.
Personal, household, or family matters refer to those situations
where an employee's absence from duty is necessary for the welfare
of the employee or his/her family. Written request for a personal
day shall be made to the department head or supervisor 72 hours prior
to such leave, unless under emergency conditions it may be granted
on request by the department head or supervisor. The prior notification
time may be waived in the sole discretion of the Business Administrator
under emergency circumstances.
c.
The Business Administrator may deny such request when in his/her
sole judgment it will leave the remaining work force below a sufficient
number to operate or when the request does not meet the criteria set
forth above.
An employee shall be entitled only to those holidays set forth in Subsection 9-4.1 above and to none others except by resolution of the Township Committee and such is the case whether a holiday is declared by the President of the United States and/or the Governor of the State of New Jersey.
[8-12-2019 by Ord. No.
2019-23]
Overtime shall be paid for all work performed in excess of the standard work week as defined in § 9-3 hereof, at the rate of 1 1/2 times the computed hourly rate. If an employee has an unexcused, unpaid absence during the normal work week then overtime will be paid for all work performed in excess of the number of hours in the standard work week as defined in § 9-3 hereof.
Overtime work will be kept to a minimum, and shall be authorized
in advance by the Business Administrator. This shall not apply to
the Police Department where authorization must be received in advance
from the Chief of Police. The reasons for the granting of overtime
shall be noted on the time report and certified by the department
head or supervisor. In the event that there are not a sufficient number
of employees who volunteer for overtime and the Business Administrator
determines that there is still a need for additional personnel, no
employee may refuse overtime without permission from the Business
Administrator. In this circumstance, the employees with the least
seniority shall be the first to be selected. The Business Administrator
shall not unreasonably withhold such permission. No employee shall
be required to work more than 24 straight hours.
A report of all overtime worked, supported by the reasons therefor,
will be submitted to the Business Administrator and Chief Financial
Officer. All questions relating to the contents of the overtime report
shall be brought to the attention of the Business Administrator.
a.
Persons holding the following official positions shall not be paid
for overtime unless it is specifically approved by a resolution of
the Township Committee identifying the employee's name and the nature
of the overtime: Township Clerk, Tax Assessor, Chief Financial Officer,
Assistant Chief Financial Officer, Purchasing Agent, Recreation Director,
Tax Collector, Code Enforcement Supervisor, Judge of the Municipal
Court, Prosecutor, Public Defender, Township Attorney, Court Administrator,
Building Superintendent, Library Director, Supervisors in the Public
Works and Sewer Departments, Business Administrator, Emergency Management
Coordinator, Deputy Emergency Management Coordinator, Construction
Code Official, Chief of Police, Deputy Chief of Police, Director of
Public Works, Assistant Director of Public Works, Director of Code
and Construction, Director of the Senior Citizen Center, Registrar
of Vital Statistics, Human Resources Director, and any other management
and/or supervisory position created by the Township Committee who
meets that criteria of exempt management employees pursuant to the
Fair Labor Standards Act.
b.
Persons holding stipend positions are expected to perform their responsibilities
outside of their regular workday and therefore shall not be paid overtime
for work done outside of their regular workday necessitated because
of their stipend position responsibilities.
c.
Unused compensatory time for the current year may be redeemed for
pay in the month of December of the current year.
a.
b.
Any eligible employee called back to work for emergency reasons for
time which is not contiguous to the eligible employee's regular work
day will get a minimum of two hours' pay. If the time is prior to
and contiguous to the work day, the eligible employee will receive
pay for actual time worked until the commencement of the work day.
This is not applicable for regularly scheduled sewer pumping station
work or scheduled monitoring work.
In any week in which there is an authorized holiday, such holiday
shall be credited to an employee as a normal work day in computing
his compensation for overtime pay.
Any authorization of overtime shall be limited to the available
funds within the Department.
a.
Overtime shall be paid either by compensatory time off or by compensation
at the option of the employee and approval of the department head
or supervisor. Compensatory time shall be arranged to be taken within
90 days from date the overtime is earned or it expires. Compensatory
time must be taken in increments of at least 1/2 day or the total
amount of compensatory time due to an employee, whichever is less.
Requests to utilize banked compensatory time must be made at least
24 hours in advance.
b.
Whenever the employee shall choose compensatory time off, he/she
shall be entitled to 1 1/2 hours off for each hour worked in
excess of his normal hourly work week.
c.
Whenever an employee chooses to receive compensation for overtime
work, such compensation is to be computed at the rate of 1 1/2
times his/her standard hourly rate for each hour worked in excess
of his/her normal hourly work week.
Whenever an employee is entitled to emergency overtime as defined in Subsection 9-5.5 hereof, the department supervisor shall designate the time when an emergency employee shall take a meal break and the meal break shall not exceed once for every four hours of emergency overtime. The department supervisor also shall designate a convenient location within the Township for the feeding of emergency personnel and the Township shall pay to the proprietor thereof an allowance in accordance with the following schedule:
[8-12-2019 by Ord. No.
2019-23]
Absences from duty shall be classified as sick leave, leave of absence with pay, leave of absence without pay, military leave or vacations and shall be so noted on the employee's time report or such other report as may be directed by the Business Administrator. Sick leave is covered in § 9-7.
With the exception of leaves specifically granted by federal
and/or state law, a leave of absence without pay for a period of time
not to exceed 10 work days per year may be granted by the Business
Administrator upon a written request from the employee to the Business
Administrator and shall be recorded as directed by the Business Administrator.
[Added 12-6-2021 by Ord.
No. 21-53]
The Business Administrator may place an employee on a leave
of absence with pay in circumstances necessitated to protect the Township
from potential liability. In situations where such a leave is granted
for more than five days, the Business Administrator shall present
the reason therefor to the Township Committee who may authorize a
leave of absence with pay in excess of five days.
a.
Each employee shall notify his or her supervisor or department head
of any intended absence from duty. If it is not possible for the employee
to give notice in advance of the working day, the report shall be
made by telephone as early as possible on the day the employee will
be absent. If it is not possible to notify the supervisor or department
head, the employee shall notify the Business Administrator or the
Police Department who shall be responsible to forward the notice to
the supervisor or department head.
b.
In the event that an employee does not follow the foregoing procedure,
the Business Administrator at his discretion may take disciplinary
action to be confirmed by the Township Committee.
c.
The reason for each absence shall be listed on the time report and
other reports relating thereto, with a statement as to whether or
not it is approved by the supervisor or department head.
d.
The supervisor or department head shall file with the Business Administrator,
on a daily basis, all notices of "intended absence" from duty.
a.
In the case of death in the immediate family, an employee shall be
granted leave and suffer no loss of regular straight time pay from
the day of death, up to and including the day of the funeral not to
exceed 32 hours for Emergency Medical Service Technicians and four
work days for all other employees not covered by a collective bargaining
unit agreement or individual employment contract.
[Amended 12-6-2021 by Ord. No. 21-53]
b.
Immediate family shall be defined as the employee's spouse, and the
employee's or his/her spouse's child, stepchild, mother, stepmother,
father, stepfather, brother, stepbrother, sister, stepsister, grandparents,
step-grandparents, son-in-law, stepson-in-law, daughter-in-law, stepdaughter-in-law,
grandchildren and step-grandchildren. This section shall also apply
to those family members who regularly reside in the employee's household.
c.
Reasonable verification of the event may be required by the Township.
d.
Such bereavement leave is not in addition to any holiday, day off,
vacation leave, or compensatory time off falling within the time of
the bereavement.
e.
An employee may make a request to the Business Administrator for
time off to attend a funeral separate and distinct from bereavement
leave. Such request, if granted by the Business Administrator, shall
be charged at the option of the employee as a personal day, vacation
day or against accumulated compensatory time off.
Supervisors or department heads shall schedule the individual
vacation days or weeks so that the functions of the Township can be
carried on with a minimum of delay or public inconvenience. The employee
with the longest continuous service with the Township shall have preference
in the assignment of vacation days.
An employee with prior approval of his/her supervisor or department
head may charge a single day or two against his vacation time but
no more than five vacation days shall be used in this manner or for
that purpose, during any twelve-month period. The Business Administrator
may, with the concurrence of the department head or supervisor, approve
additional single vacation days in excess of the stated five days.
a.
Permanent full-time officers and employees shall receive vacation
with pay for each twelve-month period in accordance with the following
schedule:
1.
From the beginning of the second year of service through the fifth
year of service: 10 working days.
2.
From the beginning of the sixth year of service through the 10th
year of service: 15 working days.
3.
From the beginning of the 11th year of service through the 15th year
of service: 22 working days.
4.
From the beginning of the 16th year of service through the 20th year
of service: 24 working days.
5.
From the beginning of the 21st year of service: 28 working days.
b.
Probationary or permanent part-time employees are eligible on a prorated
basis. No employee shall accumulate vacation benefits those months
in which said employee is not performing his/her assigned work assignment.
c.
Emergency Medical Service Technicians shall receive vacation with
pay in accordance with the following schedule:
[Added 12-6-2021 by Ord.
No. 21-53]
All vacation time shall be used in the current year and shall
not be accumulated without the prior approval of the Township Administrator
and further subject to any special provisions that the Township Administrator
may decide to be in the best interest of the Township.
It is the policy of the Township that each employee take advantage
of the authorized vacation period for reasons of health, rest, relaxation
and pleasure and thus extra compensation in lieu of vacation shall
not be allowed unless prior authorization shall be obtained from the
Township Committee or as specifically stated in personnel contracts.
The attendance record of each employee shall be reviewed periodically,
annually, and at such time that a promotion or reduction in force
is being considered.
a.
An employee must obtain permission to be absent from his employment
at least 24 hours in advance except in case of illness, accident,
death or vacation. Failure to obtain a babysitter or lack of transportation
shall not be considered an acceptable reason for being absent or late.
b.
Where an employee requests permission to use an individual day or
part thereof, such request shall be granted at the discretion of the
department head, Supervisor or Business Administrator.
All employees shall submit requests for vacation at least one
month in advance to the supervisor or department head, in duplicate,
on the form provided by the Business Administrator for that purpose.
After signing his/her approval, the supervisor or department head
shall turn the form over to the Business Administrator. An approved
copy of the form will be returned to the employee. Emergency conditions
to justify the granting of emergency vacation use will be considered
separately on an individual basis, notwithstanding the time limitations
otherwise set forth above. The Township may decline a request for
vacation if approving the request will adversely impact on the Township's
ability to maintain order, safety and/or effective operation of the
department. When two or more employees request the same vacation dates
and the Township determines that in order to maintain order, safety
and/or effective operation of the department, one or more of these
requests must be declined, seniority will be the determining factor
if such requests are submitted to the department head prior to the
first day of January in the year in which the vacation request is
made. Requests made during the year for which the vacation request
is made will be evaluated on a first come, first serve basis.
In those cases where an employee is not directly responsible
to a supervisor or department head, all requests for vacation, or
absence from work, shall be presented to the Business Administrator
at least one month in advance of the requested date.
Where an employee requests permission to use an individual day or part thereof for leave or vacation, such request shall be granted at the discretion of the supervisor, department head or Business Administrator. Where permission is sought to use an individual day, the one-month notice required by Subsection 9-6.12 above shall be waived provided that the permission can be granted without affecting the operation of the department.
a.
An employee of the Township shall receive the standard daily compensation
for court appearances, requested by the Township Committee, the Township
Attorney or an attorney representing the Township's insurance company
in which the Township is a party.
b.
Where an employee has instituted a suit against the Township for
benefits beyond those initially provided by the Workmens' Compensation
Act, the employee shall be granted leave without pay. The employee
shall sign a statement setting forth the reason for taking time off
which reason shall be filed with his supervisor or department head
with a copy to the Business Administrator.
An employee required to make a court appearance in litigation
not involving the Township or who is subpoenaed as a witness upon
request as set forth above shall be granted leave of absence without
pay. An employee may utilize a vacation day or a personal day in lieu
of losing a day's pay. It is expressly understood that an employee
may not use a sick day for court appearances.
Any employee subpoenaed for jury duty shall receive his/her
standard daily pay and shall be responsible to return to the Township
any compensation received by the employee as a juror. Where an employee
receives notice of jury duty, he/she shall immediately advise his/her
department head or supervisor, who in turn shall notify the Business
Administrator and Chief Financial Officer so that he/she can arrange
to receive the compensation received by the employee for jury duty.
Any employee on jury duty shall be responsible to return to work when
not actively serving on a jury or when released prior to noontime.
Military leave shall be handled as prescribed by the applicable
provisions of the New Jersey Statutes Annotated.
Leaves requested by employees who are members of the New Jersey
National Guard or a military reserve unit in order to make minimum
attendance requirements shall be governed by the applicable provisions
of the New Jersey Statutes Annotated.
Any employee who is candidate for public office, a member of
a District Board of Elections or a County Committee member, upon permission,
shall be granted a leave of absence without pay on election day.
a.
The Business Administrator will maintain a list of all active and
exempt members of the Volunteer Fire Departments, First Aid Squads,
and Emergency Management. Upon request of the Township Fire Chief,
Assistant Fire Chief, First Aid Captains, or Emergency Management
Coordinator, all Township employees on the individual lists may answer
alarms or calls where they are requested unless performing duties
that would cause detriment to the Township.
b.
Any employee responding to the emergency call and not needed is required
to immediately return to his/her job site.
Requests to attend conferences, seminars and other administrative
programs away from the Municipal Complex, dealing with municipal affairs,
shall be made to the Business Administrator. The requests for leave
of absence with pay shall identify the days that the programs shall
run as distinguished from the number of days required for travel and
it shall be accompanied by an estimate of the costs that could be
charged to the Township.
[Amended 12-6-2021 by Ord. No. 21-53]
Employees who attain certain federal/state certifications by
passing a federal/state examination and that is directly related to
their current position, pre-approved by the Business Administrator
will receive a stipend in an amount of $1,000 unless otherwise specified
by collective bargaining agreement. The number of certifications stipends
will be limited to a maximum of two per employee, unless additional
stipends are approved by the Business Administrator. The list of approved
eligible certifications will be available in the Office of the Business
Administrator. This will not include certifications that are required
to hold a specific position.
It is Township policy to provide transportation to conferences
and continuing education at no expense to the employee. However, in
the event that the employee is required to provide his/her own transportation,
the Township will reimburse the employee at the mileage rate established
by a resolution of the Township Committee, with prior approval of
the Business Administrator.
a.
Requests for permission for a leave of absence without pay for other
compelling reasons shall be granted by the Business Administrator
or Township Committee on recommendation of the Business Administrator.
An employee desiring a leave of absence without pay will submit a
request in writing to his/her department head or supervisor giving
the following information:
1.
The period for which the leave is desired (maximum of 10 days).
2.
The reason for the leave.
3.
The specific date on which he/she will return to work and upon which
he/she can expect to be terminated from his/her employment if he/she
has not returned to work or obtained an extension of the original
leave.
b.
The department head or supervisor shall forward his/her recommendation
in writing, together with the employee's written request, to the Business
Administrator for presentation to the Township Committee. If the Township
Committee approves the leave without pay, the date of the leave shall
be recorded in the employee's personal file. Prior to starting the
approved leave without pay, the employee shall arrange with the Chief
Financial Officer to pay any benefit payments due during the period
the employee is off the payroll. Failure to make these arrangements
may result in loss of benefits.
[8-12-2019 by Ord. No.
2019-23]
"Sick leave" shall mean absence of an employee from post or
duty because of illness, accident, exposure to contagious disease,
or attendance upon a member of the employee's immediate family, seriously
ill and requiring the care or attendance of such employee.
For the purpose of this chapter, a member of the immediate family
shall mean the employee's spouse, and the employee's or his/her spouse's
child, stepchild, mother, stepmother, father, stepfather, brother,
stepbrother, sister, stepsister, grandparents, step grandparents,
son-in-law, stepson-in-law, daughter-in-law, stepdaughter-in-law,
grandchildren and step grandchildren. This section shall also apply
to those family members who regularly reside in the employee's household.
Sick leave shall not be interpreted as including an extended
period where the employee serves as a nurse or housekeeper during
a protracted period of illness of a member of the family.
In all cases of reported illness or disability suffered by an
employee or a member of an employee's immediate family, the Township
reserves the right to send medical personnel to examine and report
on the condition of the patient to the Business Administrator.
a.
Every absence on account of illness or disability of an employee
or a member of the employee's immediate family for three or more days
must be certified by a written statement from the attending physician.
The Business Administrator has the right to waive this requirement
or to require the employee to be examined by a Township medical physician
and certified as fit for duty, before returning to work. The Business
Administrator shall notify the Township Committee of any said waivers
given to an employee. Nothing contained herein shall limit the right
of the Business Administrator to require proof of illness of any employee
on sick leave, whenever such requirement appears reasonable under
the circumstances, including a pattern of absences. Abuse of sick
leave shall be cause for disciplinary action. The attendance of all
employees will be monitored monthly for abuse of sick leave by calculating
the number of "occurrences" of sick leave an employee uses in any
twelve-month period or by establishing a pattern of methodically utilizing
sick leave. A single "occurrence" is defined as any period of consecutive
days out on sick leave. For example, an employee who is out 1/2 day
will be charged with one occurrence. An employee who is out for three
consecutive days will be charged with one occurrence. An employee
who is out for six consecutive weeks will be charged with one occurrence.
An employee who is out once for 1/2 day and out for six consecutive
weeks will be charged with two occurrences. Abuse of sick leave is
defined having occurred in accordance with the schedule below:
1.
Level 1. An employee who has had no more than two occurrences in
any 12 consecutive months will be considered to have excellent attendance.
2.
Level 2. An employee who has had three, four, or five occurrences
in any 12 consecutive months will be considered to have acceptable
attendance.
3.
Level 3. An employee who has had six occurrences in any 12 consecutive
months will be considered to have unsatisfactory attendance and will
receive a verbal warning.
4.
Level 4. An employee who has had seven occurrences in any 12 consecutive
months will be considered to have unacceptable attendance and will
receive a written warning.
5.
Level 5. An employee who has had eight occurrences in any 12 consecutive
months will be charged with abuse of sick leave and will receive a
written warning and on the employee's next paycheck, their last use
of sick leave (one day minimum/three days maximum) will be docked
from that check and added back into the employee's sick leave bank
[in the event that the employee's last absence was without pay, their
paycheck will be docked for number of days last absent (one day minimum/three
days maximum) and no days will be added to the employee's sick leave
bank].
6.
Level 6. An employee who has had nine occurrences in any 12 consecutive
months will be charged with abuse of sick leave and will receive a
written warning, on the employee's next paycheck, their last use of
sick leave (one day minimum/three days maximum) will be docked from
that check and added back into the employee's sick leave bank [in
the event that the employee's last absence was without pay, their
paycheck will be docked for number of days last absent (one day minimum/three
days maximum) and no days will be added to the employee's sick leave
bank] and receive a two-day suspension without pay from the Business
Administrator.
7.
Level 7. An employee who has had 10 occurrences in any 12 consecutive
months will be charged with abuse of sick leave and will receive a
written warning, and on the employee's next paycheck, their last use
of sick leave (one day minimum/three days maximum) will be docked
from that check and added back into the employee's sick leave bank
[in the event that the employee's last absence was without pay, their
paycheck will be docked for number of days last absent (one day minimum/three
days maximum) and no days will be added to the employee's sick leave
bank] and receive a ten-day suspension without pay from the Business
Administrator.
8.
Level 8. An employee who has had 11 occurrences in any 12 consecutive
months will be charged with abuse of sick leave and their employment
will be terminated by the Business Administrator with confirmation
by resolution of the Township Committee.
b.
An employee who has established a pattern of methodically utilizing
sick leave is subject to increased disciplinary action by the Business
Administrator and/or the Township Committee (example: a series of
occurrences before or after a holiday, an occurrence every other month,
a series of occurrences on Mondays and/or Fridays, a series of occurrences
on days when particular work assignments are scheduled, etc.). The
Business Administrator and Township Committee may take into consideration
extenuating circumstances in administering these provisions. Nothing
contained herein shall limit the Business Administrator and/or Township
Committee from using other factors in determining whether an employee
is abusing sick leave.
During protracted periods of illness or disability of an employee
or a member of the employee's immediate family, the Business Administrator
may require interim reports on the condition of the patient at weekly
or biweekly periods, from the attending physician and/or a Township
medical physician. When under medical care, employees are expected
to conform to the instructions of the attending physician if they
wish to qualify for salary payment during such period of illness or
disability.
The rules which follow apply to the payment of salaries during
periods of illness or disability of regular, permanent or probationary
full-time employees. Probationary or permanent part-time employees
are eligible on a prorated basis. Casual employees are not entitled
to compensation for such absences.
a.
Permanent and Probationary Full-Time Employees. Permanent and probationary
full-time employees will accumulate paid sick leave during a calendar
year at the rate of 1 1/4 working days per month. If an employee
uses none or only a portion of this allowable sick leave during any
calendar year, the amount of this leave not taken accumulates to his/her
credit from year to year, and the employee is entitled to use the
accumulated sick leave with pay if and when needed. No employee shall
accumulate sick leave benefits during those months in which the employee
is not performing his normal work assignment. The department head
or supervisor shall provide each employee within his/her department
a report of his/her sick leave, unused vacation and personal days
to the employee's next anniversary date, and compensatory time records.
Said information shall be supplied within five working days of the
receipt of the request from the employee. Each employee shall be entitled
to make such a request once a year.
b.
Any full-time or probationary employee who does not incur any sick
days in an anniversary year will receive 3 1/2 days off the following
anniversary year for perfect attendance. The employee may elect to
receive same either in pay or time off. The incurring of job-related
disability or injury leave shall not impact upon the perfect attendance
record. Probationary or permanent part-time employees are eligible
on a prorated basis. No employee shall be allowed to work and endanger
the health and well-being of other employees and if the employee's
condition warrants, the employee may be directed to take sick leave.
The department head or supervisor may direct the employee to the Township
physician for an opinion as to the eligibility of the employee to
be absent from work. Any employee who takes sick leave after he/she
has already worked a portion of the work day may use 1/2 day of his/her
leave benefits.
a.
Sick leave with pay shall not be allowed under the following conditions:
1.
When the employee, under medical care, fails to carry out the orders
of the attending physician.
2.
When, in the opinion of the Township medical physician, the employee is ill or disabled because of self-imposed contributory causes or actions contrary to the code of conduct as set forth in § 9-2.
3.
When, in the opinion of the Township medical physician, the disability
or illness is not of sufficient severity to justify the employee's
absence from duty.
4.
When an employee does not report to the Township physician.
5.
When an employee does not follow the notification procedure outlined
below:
(a)
The department head or supervisor shall be notified as early
as possible, but no later than 60 minutes prior to the start of the
scheduled work shift from which he/she may be or expects to be absent.
If the supervisor is not available then the employee must contact
the Police Department. Failure to so notify the department head and/or
Police Department, absent extraordinary circumstances, may be cause
for denial of the use of sick leave for the absence and constitute
cause for disciplinary actions.
6.
Nothing in this provision shall be construed to contradict any rights
provided under federal and/or state law.
The recommendation of the Township's medical physician as well
as those of the attending physician, as to the justification of the
absence from duty on account of disability or illness or of the fitness
of the employee to return to duty, shall be considered by the Business
Administrator. The Business Administrator reserves the right in such
cases, where there is a difference in professional opinion between
the Township physician and the personal physician, to require the
employee to submit to an examination by a third doctor. The selection
of the third physician is to be by mutual agreement or in the event
of their failure to reach such agreement, such third physician shall
be appointed by the Monmouth County Medical Society. The report of
the third physician shall be dispositive of the matter.
In charging an employee with sick leave, the smallest unit to
be considered is 1/2 of a working day.
Sick leave cannot be allowed for such things as ordinary dental
care, nor for any other professional services that may be normally
scheduled within the employee's regular off time. The utilization
of sick leave for elective medical procedures will not be considered
without sufficient medical evidence to substantiate the necessity
of scheduling the medical or dental services during the work day.
An employee who is certified as absent on account of a disability
or accident arising out of or in the course of his employment with
the Township shall not have such absence charged against his/her sick
leave. All other provisions regarding absence on account of sickness
or disability shall apply.
The Township shall comply with all aspects of any and all applicable
federal and state laws regarding family leave. Policies related to
family leave are detailed in the Personnel Policy Handbook.
An employee on sick leave who has expended all his/her benefits
and who cannot resume his/her normal duties as a result of the illness,
upon the submission of medical evidence, may be continued without
pay as an employee by resolution of the Township Committee and the
employee shall pay for the entitled benefits. At the conclusion of
three months, if the employee is not able to resume his/her normal
duties, he/she shall be terminated by resolution as an employee of
the Township. Any employee on unpaid sick leave not approved by resolution
of the Township Committee will be subject to disciplinary action up
to and including termination.
[8-12-2019 by Ord. No.
2019-23]
Whenever an employee is involved in an incident whereby the
employee may be injured while working, whether slight or severe, the
employee must immediately make a report of the incident to their department
head or supervisor.
The department head or supervisor shall be responsible to see
that all information concerning the injury is given to the Human Resources
Director, who in turn shall be responsible to notify the insurance
company. Any injury that must be reported to the New Jersey Division
of Pensions and Benefits shall be reported to that system by the employee
through the certifying agent.
a.
Whenever an employee sustains an injury, it shall be the obligation
of the department head or supervisor to contact the Human Resources
Director who will make immediate arrangements for examination and
medical treatment if necessary or when requested by the employee.
In cases of emergency, medical treatment shall be arranged at the
nearest hospital facility without delay. Any other examination and/or
medical treatment shall be administered by the Township physician
or any other doctor as may be designated by the Human Resources Director.
b.
The Township may challenge the duration of any such leave whenever
it deems it appropriate and may require an employee to, at the Township's
expense, undergo a physical examination by a Township-appointed physician.
If the physician's report indicates that the employee is fit to report
for duty and the employee disagrees, he/she may undergo a physical
examination at his/her own expense by his/her own physician. In the
event of a disagreement between the reports of the two physicians,
a third physician shall be agreed upon by the Township's physician
and the employee's physician or in the event of their failure to reach
such agreement, such third physician shall be recommended by the Township's
insurer. The report of the third physician shall be dispositive of
the matter.
When an injured employee with a work-connected disability is
on sick leave for less than the seven-day period necessary to qualify
for workmens' compensation benefits, the Township shall pay the employee
at the normal rate for those days the employee was absent from work.
Any employee who sustains a work-connected injury and is eligible
for workmens' compensation benefits shall be eligible to receive those
benefits provided by said law and in addition shall receive from the
Township the difference between his/her regular straight time pay
and the benefits provided under the workmens' compensation up to a
maximum of 26 weeks. In the event the employee seeks to extend this
additional benefit to his/her work-incurred injury leave beyond the
26 weeks for an additional 26 weeks up to a maximum of 52 weeks total,
he/she must present to the Township a medical report indicating the
reasons therefor. The Township shall advance to the employee an amount
equal to the workmens' compensation check for any week he/she is absent
until the employee begins to receive his/her normal workmens' compensation
checks. When the employee receives his/her workmens' compensation
checks the employee agrees to sign over to the Township those number
of checks which the employee was advanced by the Township. Failure
to sign over the appropriate number of checks to the Township shall
subject the employee to immediate dismissal or other disciplinary
action.
It shall be the obligation of the department head or supervisor
to keep records of and to report any loss of time due to work-connected
injuries to the Human Resources Director and Chief Financial Officer.
The department head or supervisor shall make a separate and
independent investigation of any and all injuries sustained by an
employee under his/her supervision and make a written report thereof,
including any recommendations to avoid a recurrence of said injury,
to the Human Resources Director and the Business Administrator.
a.
Employees who are injured on the job, who are not capable of returning
to work full duty but are physically capable to perform modified duty,
will be required to report to work for modified duty as assigned by
the Business Administrator, Human Resources Director, or department
head until they are reasonably able to transition to their previous
position or transfer to a permanent position with the Township that
does not exceed their capabilities. In the event such modified duty
includes classroom training, such training shall occur at sites designated
by the Township and comprehensive training examinations will be conducted
daily. Any employee requiring therapy during the work day would be
released to attend such therapy. Once an employee is returned to work
full duty, any employee who requires further therapy will not be released
to attend such therapy during the regular work day. Such therapy must
be scheduled on the employee's personal time.
b.
Any employee who has a stable non-work or work-related injury or
illness will be required to return to work full duty within 30 days
post injury or be subject to termination unless significant progress
has been documented by the attending physician, by the transitional
work program, or by the physician or therapist performing the fit-for-duty
employment testing no more than every 30 days as status changes after
the injury or illness. Employees who continue to show significant
progress up to 30 days, but still cannot perform "full duty," may
have up to three thirty-day extensions to this policy as determined
by the attending physician, by the transitional work program, or by
the physician or therapist performing the fit-for-duty employment
testing. Furthermore, employees who have reached maximum medical improvement
(MMI) as determined by their physician and have not demonstrated adequate
capability to perform the essential functions of the job held prior
to the injury or illness with or without reasonable accommodation
will be terminated unless there are vacant permanent positions the
employee is qualified for outside of modified duty that do not exceed
their physical capabilities. Federal District Court has held that
a "return to work program does not violate the Americans With Disabilities
Act (ADA) when it permits the employer to place on medical layoff
injured employees who reach MMI." It is the Township's policy that
modified-duty positions be available for recently injured employees
needing transitional return to work.
[8-12-2019 by Ord. No.
2019-23]
[Amended 12-6-2021 by Ord. No. 21-53]
All Township employees enrolled in the New Jersey Public Employee's
Retirement System, the Police and Firemen's Retirement System of New
Jersey or any other retirement plan authorized by the New Jersey Division
of Pensions and Benefits, shall be subject to the requirements and
provisions of the respective plans.
All permanent full-time and permanent part-time employees shall
be enrolled in the pension system as of their permanent employment
date.
An employee's contribution to the plan shall be deducted from
the salary paid to such permanent full-time or permanent part-time
employee, and remitted to the state in accordance with the provisions
of state law.
[Amended 12-6-2021 by Ord. No. 21-53]
An employee having completed the required number of years of
service, and having attained the specified age, under a state-authorized
retirement program or is retired on approved disability, shall apply
for retirement as provided by the plan and state law. Said retirees
who have completed 25 years of continuous service to the Township
of Neptune will be provided with hospitalization benefits for the
employee and his/her dependents under the New Jersey State Health
Benefits Program in accordance with State of New Jersey Statute Chapter
88. In the event the Township changes insurance carriers, substantially
similar benefits will be provided.
All information regarding retirement can be obtained from the
office of the certifying agent.
Permanent full-time employees with a minimum of 25 years' service
to the Township and who shall have accumulated sick leave upon retirement
shall be entitled to 1/2 day's pay at the rate of pay in effect at
the time of retirement for each full day of unused accumulated sick
leave up to a maximum of 130 days' pay, reflecting the accumulation
of 260 days' unused sick leave. This payment shall not exceed $15,000
unless otherwise authorized by law or outlined in an employment contract
in effect as of January 1, 2019. Permanent part-time employees are
eligible on a prorated basis.
[8-12-2019 by Ord. No.
2019-23]
a.
The Township shall provide enrollment in the State Health Benefits
Program for all permanent and probationary full-time employees who
have been on the payroll for two months, at the beginning of the third
month of employment. If an employee received his/her permanent appointment
after the fifth day of the month, such month shall not be counted
as aforesaid.
b.
Eligibility for health benefits shall be consistent with the requirements
of the New Jersey Division of Benefits and Pensions, State Health
Benefits Program eligibility regulations.
c.
Employee contributions for health benefits shall be in accordance
with the requirements of the New Jersey Division of Benefits and Pensions,
State Health Benefits Program, or as specifically negotiated in an
employment contract in compliance with state law.
a.
The Township shall provide enrollment in the State Health Benefits
Prescription Program for all permanent and probationary full-time
employees who have been on the payroll for two months, at the beginning
of the third month of employment. If an employee received his/her
permanent appointment after the fifth day of the month, such month
shall not be counted as aforesaid. The Township shall have the right
to change insurance carriers so long as equivalent or better benefits
are provided to those available under the New Jersey State Benefits
Prescription Program.
b.
The Township shall provide a dental plan for all full-time employees
and their families. The Township shall pay the full cost of the foregoing
program for the employee and his/her eligible dependents for eligible
employees with a date of hire prior to January 1, 1997. The Township
will pay the full cost of the dental care plan. The Township shall
have the right to change insurance carriers so long as equal or better
benefits are provided to those that are currently available under
the dental program.
The Township desires to comply with the provisions of Chapter 2, P.L. 2010, which defines the requirements of contributions by active employees towards the cost of employee health benefits.
a.
All active employees enrolled in the Township's Health Benefits Plan
shall be required to contribute at least 1.5% of their annual base
pay towards the cost of the health benefits.
b.
If a subsequent employment contract is negotiated with a contribution
rate higher than 1.5%, the employee(s) covered under such subsequent
contract shall contribute at the rate negotiated in the subsequent
contract but in no instance shall a subsequent contract require a
contribution of less than 1.5%.
c.
Each employee receiving health benefits shall have a pre-tax payroll
deduction each pay period at an amount such that the annual contribution
toward health benefits meets the provisions as described herein.
d.
Active employees who waive health benefits coverage shall not be
required to contribute toward the cost of health benefits.
[8-12-2019 by Ord. No.
2019-23]
[8-12-2019 by Ord. No.
2019-23]
a.
Every employee shall be treated fairly, courteously, and with respect.
Conversely, each employee shall accord the same respect to his/her
associates, supervisors, and to the public. Each employee shall be
careful that his or her behavior, actions, language, dress or conduct,
does not reflect adversely upon himself or herself and/or on the Township.
b.
The purpose of this procedure is to secure, at the lowest possible
level, an equitable solution to the problems which may arise affecting
the terms and conditions of employment.
c.
Nothing herein shall be construed as limiting the right of an employee
having a grievance to discuss the matter informally with his or her
immediate supervisor or foreman.
d.
A grievance is defined as an appeal by an individual employee concerning
the interpretation, application or alleged violation of this chapter,
Township policies and/or procedures or administrative decisions by
the Township Committee or the Business Administrator affecting terms
and conditions of employment.
e.
The time periods set forth in this procedure shall be deemed the
maximum. However, the parties may mutually agree to extend any time
limit set forth in the procedure. In the event that any step of the
grievance procedure is without authority to adjust or resolve the
grievance, the aggrieved party may initiate the grievance at the first
step of the procedure that is authorized to adjust the matter.
a.
Step 1. Within seven work days of knowledge of the facts giving rise
to the grievance, the aggrieved party shall discuss it orally with
the department head in an effort to resolve the matter.
b.
Step 2. If the grievance is not resolved informally at Step 1, the
aggrieved party shall, within seven working days of the Step 1 denial,
submit it in writing to the department head. The written grievance
shall set forth the nature of the grievance, the relief sought and
the disposition of Step 1. The department head shall render a written
decision to the aggrieved party and Association within 10 calendar
days setting forth his/her reasoning for the decision.
Step 3. If the grievance is denied at Step 2, or no decision
is rendered within time period, the grievance may be processed to
the Township Business Administrator within seven work days.
Within 10 days of receipt of the grievance the Business Administrator
shall either issue a written decision or hold a meeting on the grievance.
In the event the Business Administrator determines to hold a meeting
on the grievance, a written decision shall be issued within 10 days
of the end of the meeting.
All papers and documents relating to the grievance and the disposition
thereof shall be placed in the employee's personal file.
[8-12-2019 by Ord. No.
2019-23]
a.
The Township of Neptune will at all times consider the rights of
the employee in matters of discipline. It is the responsibility of
the immediate supervisor to enforce and maintain proper discipline.
To ensure that employees are informed when infractions or shortcomings
are noted, a progressive disciplinary procedure will ordinarily be
utilized. In certain more severe instances, it may be necessary to
bypass one or more of the preliminary steps in order to impose suspension
or dismissal of an employee.
b.
Neither this manual nor any other Township guidelines, policies or
practices create an employment contract. Employment with the Township
may be terminated at any time with or without cause or reason by the
employee or Township.
c.
An employee may be subject to discipline for any of the following
reasons:
1.
Falsification of public records, including attendance and other personnel
records.
2.
Failure to report absence.
3.
Harassment of coworkers and/or volunteers and visitors.
4.
Theft or attempted theft of property belonging to the Township, fellow
employees, volunteers, or visitors.
5.
Failure to report to work day or days prior to or following a vacation,
holiday and/or leave, and/or any other unauthorized day of absence.
6.
Fighting on Township property at any time.
7.
Being under the influence of intoxicants (e.g., liquor) or illegal
drugs (e.g., cocaine or marijuana) on Township property and at any
time during work hours.
8.
Possession, sale, transfer or use of intoxicants or illegal drugs
on Township property and at any time during work hours.
9.
Insubordination.
10.
Entering the building without permission during nonscheduled work
hours.
11.
Soliciting on Township premises during work time. This includes but
is not limited to distribution of literature or products or soliciting
membership in fraternal, religious, social or political organizations,
and/or sales of products.
12.
Careless waste of materials or abuse of tools, equipment or supplies.
13.
Deliberate destruction or damage to Township or suppliers' property.
14.
Sleeping on the job.
15.
Carrying weapons of any kind on Township premises and/or during work
hours, unless carrying a weapon is a function of your job duties.
16.
Violation of established safety and fire regulations.
17.
Unscheduled absence and chronic or excessive absence.
18.
Chronic tardiness.
19.
Unauthorized absence from work area, and/or roaming or loitering
on the premises, during scheduled work hours.
20.
Defacing walls, bulletin boards or any other Township or suppliers'
property.
21.
Failure to perform duties, inefficiency or substandard performance.
22.
Unauthorized disclosure of confidential Township information.
23.
Gambling on Township premises.
24.
Horseplay, disorderly conduct and use of abusive and/or obscene language
on Township premises.
25.
Deliberate delay or restriction of your work effort, and/or incitement
of others to delay or restrict their work effort.
26.
Conviction of a crime or disorderly persons offense.
27.
Violating any Township rules or policies.
28.
Conduct unbecoming a public employee.
29.
Violation of Township policies, procedures and regulations.
30.
Violation of federal, state or Township laws, rules, or regulations
concerning drug and alcohol use and possession.
31.
Unauthorized use of computers, internet and email.
32.
Misuse of public property, including motor vehicles.
33.
Other sufficient cause.
d.
Major disciplinary action includes termination, disciplinary demotion,
suspension exceeding five working days. Minor discipline includes
a formal, written reprimand or a suspension of five working days or
less. Employees who object to the terms or conditions of the discipline
are entitled to a hearing under the applicable grievance procedure
and/or this handbook. In every case involving employee discipline,
employees will be provided with an opportunity to respond to charges
either verbally or in writing.
e.
In cases of employee misconduct, the Township believes in corrective
action for the purpose of correcting undesirable behavior and preventing
a reoccurrence of that behavior. The corrective action taken will
be related to the gravity of the situation, the number and kind of
previous infractions and other circumstances. In every case, employees
will be given an opportunity to state the situation from their point
of view.
f.
In order to correct undesirable behavior, supervisors and managers
may utilize the following corrective tools: verbal reprimand; Township
Administrator review; written reprimand; suspension; fines; and dismissal.
Under normal circumstances, the Township endorses a policy of progressive
discipline in which it attempts to provide employees with notice of
deficiencies and an opportunity to improve. It does, however, retain
the right to administer discipline in any manner it sees fit. At the
discretion of the Township, action may begin at any step, and/or certain
steps may be repeated or bypassed, depending on the severity and nature
of the infraction and the employee's work/disciplinary record.
The normal application of progressive discipline should be:
a.
Step 1: Verbal Warning.
1.
Step 1 creates an opportunity for the immediate supervisor to schedule
a meeting with an employee to bring attention to the existing performance,
conduct or attendance issue. The supervisor should discuss with the
employee the nature of the problem or the violation of company policies
and procedures. The supervisor is expected to clearly describe expectations
and steps the employee must take to improve performance or resolve
the problem. A corrective action plan must be implemented. This meeting
is to be documented on an "Employee Warning Notice."
2.
This meeting must be documented to ensure that the employee has a
clear understanding of what is expected of him/her. Within one business
day of this meeting, the supervisor will prepare written documentation
of a Step 1 meeting. The employee will be asked to sign the "Employee
Warning Notice" to demonstrate his or her understanding of the issues
and the corrective action.
b.
Step 2: Written Warning.
1.
Although the Township hopes that the employee will promptly correct
any performance, conduct or attendance issues that were identified
in Step 1, the Township recognizes that this may not always occur.
The Step 2 written warning involves more detailed documentation of
the performance, conduct or attendance issues and consequences.
2.
During Step 2, the immediate supervisor and a division manager or
director will meet with the employee to review any additional incidents
or information about the performance, conduct or attendance issues
as well as any prior relevant corrective action plans. Management
will outline the consequences for the employee of his or her continued
failure to meet performance or conduct expectations.
c.
Step 3: Suspension and Final Written Warning.
1.
There may be performance, conduct or safety incidents so problematic
and harmful that the most effective action may be the temporary removal
of the employee from the workplace. When immediate action is necessary
to ensure the safety of the employee or others, the immediate supervisor
may suspend the employee pending the results of an investigation.
2.
Suspensions that are recommended as part of the normal progression
of this progressive discipline policy and procedure are subject to
approval from a next-level manager and the Human Resources Department.
3.
Depending on the seriousness of the infraction, the employee may
be suspended without pay in full-day increments consistent with federal,
state and local wage-and-hour employment laws. Nonexempt/hourly employees
may not substitute or use an accrued paid vacation or sick day in
lieu of the unpaid suspension unless approved by the Township Administrator.
Due to Fair Labor Standards Act (FLSA) compliance issues, unpaid suspension
of salaried/exempt employees is reserved for serious workplace safety
or conduct issues. The Township Administrator will provide guidance
so that the discipline is administered without jeopardizing the FLSA
exemption status. The Township Administrator will advise.
4.
Pay may be restored to the employee if an investigation of the incident
or infraction absolves the employee.
d.
Step 4: Recommendation for Termination of Employment.
1.
The last and most serious step in the progressive discipline procedure
is a recommendation to terminate employment. Generally, the Township
will exercise the progressive nature of this policy by first providing
documented verbal warning with corrective action plan, written warning
with performance improvement plan, a final written warning or suspension
from the workplace with performance improvement plan before proceeding
to a recommendation to terminate employment. However, the Township
reserves the right to combine and skip steps depending on the circumstances
of each situation and the nature of the offense. Furthermore, employees
may be terminated without prior notice or disciplinary action.
2.
Management's recommendation to terminate employment must be approved
by the Township Administrator and Committee. The Township Administrator
shall also consult with the Township's Labor Counsel in termination
cases. Final determination of termination of an employee will be provided
in writing.
e.
Performance and Conduct Issues Not Subject to Progressive Discipline.
Behavior that is illegal is not subject to progressive discipline,
and such behavior may be reported to local law enforcement authorities.
Typically, the supervisor should suspend the employee immediately
(with or without pay) and an investigation of the incidents leading
up to the suspension should be conducted to determine if any further
action, such as termination, should be taken.
Any employee may appeal a disciplinary action taken by his immediate
supervisor, by means of the procedure set forth for the handling of
grievances, to the Township Administrator, who shall make the final
determination regarding all disciplinary matters. Disciplinary actions
taken by the Township Administrator may be appealed as provided by
law.
Any department head or supervisor who fails to enforce the policies
and Codes of Conduct as established herein or by any other ordinance
of the Township and/or who knowingly tolerates the violation of said
policies or codes of conduct shall be subject to disciplinary action.
[8-12-2019 by Ord. No.
2019-23]
The Township Committee shall publicly commend any employee whose
exemplary action or conduct has furthered the public interest and/or
whose suggestion on Township operation has improved service to the
Township and/or effected economy in government.
Any letter from the public commending the work or action of
an employee while on duty shall be referred to the Township Committee
for its review and commendation. A copy of the letter shall be forwarded
to the employee and the original placed in the employee's personal
file.
Where an employee shall perform a meritorious act over and above
the call of duty, appropriate formal recognition of that fact shall
be made. The immediate supervisor or department head shall investigate
the incident, obtain all facts relating thereto and forward a written
report to the Business Administrator for presentation to the Township
Committee.
The Township Committee shall consider the matter and take such
action as is necessary and proper to commend the employee for the
meritorious action. All papers in connection therewith shall be placed
in the employee's personal file.
All employees shall submit to the supervisor or department head
any and all suggestions for improving service within the Township
and effecting economy in operation.
Supervisors or department heads shall encourage the cooperation
of and suggestions from employees towards the end that the public
may be the better served.
Supervisors or department heads shall report to the Business
Administrator any suggestions or ideas submitted by an employee that
have improved services and affected economies of Township operations.
Whenever specific suggestions or ideas result in an improvement
in service or of an economy of operation within the Township, a written
report thereof shall be referred to the Business Administrator for
consideration by the Township Committee.
The Township Committee shall study all reports of suggestions
submitted by the Business Administrator and if deemed appropriate
under the circumstances, publicly commend the employee.
All papers relating to the suggestion and the action taken by
the Township Committee in relation thereto shall be placed in the
employee's personal file.
[8-12-2019 by Ord. No.
2019-23]
Employee promotions shall be made from within the ranks of the
Township's staff whenever practical, and providing the employee possesses
the necessary experience, temperament and knowledge to perform the
required duty and providing further that the employee can be promoted
without adversely effecting the operation of the department.
The best interest of the Township shall be the first consideration
for transfer of an employee from one position to another within a
department or from one department to another.
a.
Each employee shall be encouraged toward self improvement through
on-the-job training as well as by outside study and instruction in
order to qualify him/her for advancement.
b.
Supervisors or department heads shall be responsible for on-the-job
instructions as well as providing guidance for all persons under their
leadership.
Promotions from within the ranks shall be made at the discretion of the Township Committee as recommended by the Township Administrator and Human Resources Director, but based, nevertheless, on the standards set forth in Subsection 9-15.1 above.
All recommendations for promotion shall be submitted in writing
by the department head or supervisor and endorsed by the Business
Administrator before being sent to the Township Committee for its
consideration and action.
Requests by an employee for transfer to another position or
department shall be submitted to the Business Administrator and Human
Resources Director in writing to be considered on its individual merit
by the Township Committee and under no circumstances shall such a
transfer, if granted, be considered as establishing a precedent.
The Business Administrator or Hearing Officer reserves the right
to replace any employee in his/her current job category when, in the
opinion of the Business Administrator/Hearing Officer, the employee
is performing his/her work unsatisfactorily and/or contrary to the
best interest of the Township. The employee so replaced, or his/her
bargaining unit, shall have the right to request a review of the charges
and information by the Township Committee, but a hearing before the
Township Committee will not be provided unless specifically directed
by the Township Committee.
a.
It shall be the responsibility of the supervisor or department head
to formalize a training program for each job classification under
his authority. Such training program shall be approved in writing
by the Business Administrator. The training program shall be scheduled
to avoid interfering with the normal operations of the Township.
b.
The successful completion of a training program, however, shall not
necessarily mean a promotion or increase in salary except at the discretion
of the Township Committee.
a.
It shall be the responsibility of the Human Resources Director to
post all job openings available to the employees except for the following
positions: Assessment Search Officer, Business Administrator, Chief
Financial Officer, Emergency Management Coordinator, Municipal Public
Defender, Municipal Court Judge, Municipal Clerk, Municipal Prosecutor,
Tax Search Officer, Tax Collector, and Tax Assessor. Notice of all
other vacancies shall be posted. Job postings shall be posted in the
following manner: job title, department, salary range, hours of work,
job qualifications and person to contact. All job postings shall be
held open for seven working days, except in emergency circumstances
as declared by the Business Administrator, where only three working
days will be required. All applicants for job postings shall be personally
interviewed prior to appointment of the position. All applicants shall
be informed within five working days of a Township Committee resolution
to fill a position. Unsuccessful applicant(s) who make a written request
to the Business Administrator within two business days of the above
notification shall be informed of the basis for the decision within
10 working days.
b.
It shall be the responsibility of the department head or supervisor
to post, within his/her department, all training programs available
to the employees. A copy of such notice shall be forwarded to the
Human Resources Director to be posted in all departments of the Township
so that any and all employees regardless of their job classification
may take advantage of the training program. Use of an electronic document
management service will be considered to have fulfilled the requirements
of posting as described herein.
a.
Seniority shall be defined as the total length of service with the
Township beginning with the original date of hire. A seniority list,
by department, shall be created for overtime opportunities and overtime
shall be distributed on a rotating basis to employees who normally
perform said work within that specific department and pursuant to
said list.
b.
Seniority shall be the determining factor in the selection of vacation
and personal time and special work assignments within the department
provided that it does not interfere with the Township's right to accomplish
the necessary task. In matter of promotions, vacancies or position
upgrades, where the qualifications, skill and abilities are equal,
as determined by the Business Administrator, seniority shall be the
determining factor.
[8-12-2019 by Ord. No.
2019-23]
a.
An employee who resigns his/her position with the Township shall
tender his/her resignation in writing to the Business Administrator
and/or Human Resources Director at least two weeks prior to the effective
date thereof in order to provide for sufficient time for appointing
and instructing a successor.
b.
In such cases where disciplinary charges are pending against the
employee, the Township reserves the right to withhold acceptance of
such resignation pending a determination of the charges.
c.
An oral resignation will be deemed binding but shall constitute resignation
"not in good standing."
d.
Failure to provide at least two weeks, written notice of resignation
shall cause the resignation being found to be "not in good standing."
a.
An employee, when leaving the service of the Township, shall complete
and sign the "Separation and Termination Receipt" in the Human Resources
office before receiving his/her final compensation. This receipt shall
be filed in the employee's personal file as evidence of the satisfaction
of all claims against the Township.
b.
An employee terminated by the action of the Township Committee shall
receive his/her final compensation upon signing the "Separation and/or
Termination Receipt."
c.
On termination of the employee it shall be the responsibility of
the employee to return all property of the Township together with
all identity cards.
d.
An employee resigning his/her employment shall receive his/her final
paycheck on the next regularly established payday for all Township
employees.
Upon termination of service for any reason except as outlined in Subsection 9-9.6 above, no cash payment for unused sick leave shall be made.
a.
An employee terminated in connection with a disciplinary action,
or resigning and not giving at least two weeks' notice in writing,
prior to the effective date thereof, shall be considered resigning
"not in good standing" and shall forfeit any earned vacation pay,
holiday pay and compensatory time off.
b.
An employee terminated due to conviction for a crime or for bringing
discredit to the Township shall be terminated "not in good standing"
and the employee shall forfeit any and all termination benefits unless,
in the discretion of the Township Committee, it is otherwise determined.
Any employee who shall fail to report to work for three consecutive
days without notice, and/or approval of the department head or supervisor,
shall be considered to have resigned "not in good standing."
Each employee shall designate, on the form provided by the Chief
Financial Officer, a beneficiary for any monies which shall become
due from the Township.
[8-12-2019 by Ord. No.
2019-23]
No part of the compensation due an employee shall be withheld
from his/her paycheck, except as required by law or as authorized
by the employee in writing.
No employee of the Township during working hours shall sell
merchandise to or solicit from other employees or engage in political
activities while on Township property or on a job site apart therefrom.
No employee shall use any equipment, supplies, or other material
of the Township, for personal use without the prior consent of the
Business Administrator.
The policy for use of Township telephones, computers and other
electronic devices during and after work hours is detailed in the
Personnel Policy Handbook.
a.
Any employee of the Township seeking to engage in work or services
for other employers or in other businesses shall inform the Township
in writing to the Business Administrator.
b.
The employee shall also submit to the Business Administrator a statement
certifying that the outside employer maintains a certificate of workmens'
compensation insurance for the employee or, if the employee is self-employed,
an insurance policy covering him/her.
c.
Any employee classified in the job title of Building Inspector, Housing
Inspector, any Subcode Official, Subcode Inspector, Construction Official,
Code Enforcement Supervisor or Director of Code shall not perform
work on any structure in the Township of Neptune that involves construction,
building or any other type of improvement or maintenance with the
following exceptions:
1.
The work is for the employee or a member of the employee's immediate
family for which no compensation or consideration of any kind is received.
2.
The work is for a nonprofit charitable organization for which compensation
or consideration of any kind is not received provided that any required
permits for the structure are issued by a licensing authority other
than the Township of Neptune.
a.
No employee shall solicit or accept either directly or indirectly,
through his/her spouse or any member of his/her family, any compensation,
gift, favor or service of value which he/she knows, or should know,
is offered or obtained to influence him/her in the performance of
his/her public duties and responsibilities.
b.
Any prohibited gift or gratuity received by any employee from any
person or firm should immediately be returned. An employee shall promptly
report the receipt of such gift to the Business Administrator. If
the gift is perishable or for some other reason cannot be returned,
it shall be turned over to a charitable or public institution. In
such instances, the employee should notify the donor in writing that
he/she is not permitted to accept such gifts and has contributed the
gift to a charitable institution. A copy of the letter from the employee
to the donor shall be submitted to the Business Administrator for
inclusion in the employee's personal file.
[8-12-2019 by Ord. No.
2019-23]
Each employee shall be given a copy of the Personnel Policy
Guidebook and directed to review the personnel ordinances of the Township
which he/she shall study and retain for future reference. The employee
shall sign a statement agreeing to conform to and abide by the policies,
rules and Code of Conduct set forth therein, and return the statement
to the Business Administrator.
The Township Committee reserves the right to add to, to change,
to interpret, or to eliminate personnel policies, practices and rules,
whenever it appears to be in the best interests of the Township to
do so.
All changes, additions or deletions in the Personnel Ordinance
and/or the Personnel Policy Guidebook will be made by means of amendment
thereof. The amendment shall be distributed to each employee.
a.
A separate personnel file will be established and maintained for
each employee of the Township.
b.
A personal file is a confidential file and shall be maintained as
such in the office of the Human Resources Director. A personnel file
shall be classified as "active" where the employee is on the payroll
and the same shall be classified as "closed" where an employee is
no longer in the service of the Township.
c.
The Business Administrator and Human Resources Director shall have
access to any and all personnel files. A supervisor or department
head shall have access to review the files of an employee of his/her
department in the office of the Human Resources Director. An employee
may examine his/her personnel file in the office of the Human Resources,
by making an appointment during regular working hours.
d.
All personnel files shall be permanently maintained and safe-guarded.
Nothing contained in the file shall be removed therefrom.
A personnel file shall contain but shall not be restricted to
the following enumerated papers:
a.
Application for employment and reference letters, if any.
b.
Agreement to conform to personnel policies, practices and Code of
Conduct.
c.
Medical examination record (separate file pursuant to Health Insurance
Portability and Accountability Act).
d.
Written authorization appointing the applicant to a position with
the Township together with each promotion, change in position or change
in salary.
e.
Letters of commendation or of censure.
f.
Report of any disciplinary hearings involving the employee.
g.
Any and all correspondence, memoranda or other pertinent material
directly concerning an employee's conduct and work record.
h.
Letter of resignation (if any).
i.
Termination receipt.
Employees will receive their paychecks on the 15th and last
day of the month. In the event that either of these two days falls
on a non-banking day, paychecks will be given out on the previous
banking day. No employee shall receive their paycheck prior to that
date under any circumstances without the approval of the Business
Administrator.
[Added 12-7-2020 by Ord.
No. 20-30]
a.
All full-time employees and elected public officials who receive
compensation from the Township of Neptune are mandated to have direct
deposit of their compensation as of January 1, 2021, in accordance
with Chapter 28 P.L. 2013, as defined under C. 52:14-15f(b).
b.
Seasonal and temporary employees are exempt from the direct deposit
mandate.
c.
Township employees may request, in writing, an exemption from the
direct deposit mandate to the Human Resources Director. Such requests
shall be presented to the Township Committee within 30 days. The Township
Committee may grant such an exemption by resolution and only for good
cause.
[8-12-2019 by Ord. No.
2019-23]
The policy regarding sexual harassment is detailed in the Personnel
Policy Handbook and remains in compliance with State and federal law.
For the convenience of those persons and entities which utilize
the services of law enforcement officers or certified traffic control
employees of the Township of Neptune, the Township hereby establishes
a policy regarding the use of said employees.
a.
Sworn officers of the Police Department, special police officers
and certified traffic control employees shall be permitted to perform
police or traffic-control-related employment for private employers
or school districts at such times that will not interfere with the
efficient performance of the Township.
b.
Any person or entity wishing to employ police or traffic control
employees shall first obtain the approval of the Chief of Police (or
designee), which approval shall be granted if, in the opinion of the
Chief, such employment would not be inconsistent with the efficient
functioning and good reputation of the Police Department, and would
not unreasonably endanger or threaten the safety of the employee or
employees who are to perform the work.
a.
Any person or entity requesting the services of a law enforcement
officer in the Neptune Township Police Department or a traffic control
employee shall estimate the number of hours such services are required,
which estimate shall be approved by the Chief of Police, and shall
establish an escrow account with the Township by depositing an amount
sufficient to cover the rates of compensation and fees set forth by
resolution of the Township Committee for the total estimated hours
of service.
b.
Prior to accepting any request for services of law enforcement officers
or traffic control employees, the Chief of Police or his designee
shall verify that the balance in the escrow account of the person
or entity requesting services is sufficient to cover the compensation
and fees for the number of hours specified in the request for services.
The Chief of Police shall not accept a request for services from any
person or entity unless all fees and compensation required in the
manner described above have been deposited with the Township. No officer
or employee shall provide any services for more hours than are specified
in the request for services.
c.
In the event the funds in said escrow account become depleted, services
of law enforcement officers or traffic control employees shall cease
and requests for further or future services shall not be performed
or posted until additional funds have been deposited in the escrow
account in the manner prescribed above.
d.
The person or entity requesting such services shall be responsible
for ensuring that sufficient funds remain in the escrow account in
order to avoid any interruption of services.
e.
Should the Township be able to attain interest-bearing accounts from
the Township bank for this escrow account, interest shall be divided
2/3 to contractor and 1/3 to Township. Any interest earned shall remain
in the account until the account is closed at the request of the contractor
and all fees for service have been satisfied or upon written request
of the contractor to withdraw said funds. The Township shall not be
required to maintain these funds in an interest-bearing account if
the fees for such an account are in excess of the interest that would
be earned by the account.
a.
The Chief of Police will be responsible for scheduling employees
who will be assigned to on-duty work as described herein provided
the assignment of such employee does not interfere with the efficient
operation of the Police Department.
b.
The Chief of Police shall determine if a Township vehicle is required
for the assignment and shall assign a vehicle in such case as he deems
necessary.
c.
The Chief of Police will be responsible for posting the availability
of any assignment deemed to be an off-duty detail for voluntary assignment
by all eligible employees.
Security assignments performed on a repetitive scheduled basis
shall be assigned and administered by the Chief of Police. At the
option of the Township, as determined by the Chief of Police, employees
of the Township assigned and working pursuant to this regulation may
be treated as an off-duty employee of the Township. Wages earned for
off-duty assignments shall not be applied toward the pension benefits,
shall not be considered overtime and shall be paid at a rate of pay
as established by resolution of the Township Committee.
All special duty assignments shall be within the Township unless
specific written approval is given by the Chief of Police for an employee
to work outside of the Township.
Any assignment which is canceled on less than four hours' notice
shall be charged against the party and, if the detail was deemed to
be an off-duty assignment to which an employee had already been assigned,
it shall be paid to the employee so assigned. Any other canceled assignment
shall not be billable to the party.
The Chief of Police has the authority to order any employee
to vacate or terminate any special duty assignment in response to
emergency situations or whenever the assignment creates an unacceptable
risk to health, safety and/or welfare of the employee and/or the public
in the sole determination and discretion of the Chief of Police. The
contractor shall not be responsible for any compensation for the time
that the employee is away from the special duty assignments and shall
have no claim for costs or damages against the Township, the Chief
or the employee arising from the termination of special duty assignment
other than the prorated return of any costs prepaid to the Township.
The Township shall be responsible to provide all necessary insurance
coverage, as required by law, including, but not limited to, workers'
compensation, public liability, and claims for damage, for personal
injury including death or damage to property which may arise as a
result of the Township's performance under the contract.
The Township Committee shall establish the hourly rate of special
duty assignments by resolution, which may be amended from time to
time at the discretion of the Township Committee.
No assignment shall exceed eight hours per employee, unless
the Chief deems the situation to be emergent in nature and thus requiring
an extended shift.
All persons or entities wishing to employ a police officer,
special police officer or traffic control employee shall enter into
a written contract outlining the terms and conditions as described
herein. All contracts shall expire no later than December 31 of the
year in which they are executed. The form of the contract shall be
maintained on file in the office of the Business Administrator and
the Chief of Police.
[8-12-2019 by Ord. No.
2019-23]
The No Smoking Policy is detailed in the Personnel Policy Handbook.
[8-12-2019 by Ord. No.
2019-23]
a.
Neptune Township ("Township") recognizes the present problem of substance
abuse, and the profound effects it has on our society, and the extent
to which it can affect Neptune Township, its agencies and its employees.
In order to make our work environment safer, and to comply with Federal
Department of Transportation and Federal Highway Administration regulations,
Neptune Township has established a Substance Abuse Policy ("policy").
This policy includes a procedure which will require applicants and
employees who hold a commercial driver's License ("CDL") to submit
to urine screening to detect the presence of drugs in certain circumstances.
Such employees and applicants shall also be subject to alcohol breath
testing. According to federal regulations, such employees and job
applicants will be required to undergo alcohol and drug screening
in the following circumstances:
1.
Pre-Placement Testing. Prior to assuming full employment status,
a successful applicant will be granted conditional employment status,
contingent on successful passing of the drug screen.
2.
Random Selection Testing. During employment, based on the average
number of CDL holders employed by Neptune Township annually, 25% of
all drivers shall be randomly selected for alcohol testing and 50%
of all drivers shall be randomly selected for controlled substances
testing.
3.
Reasonable Cause Testing. Based on specific, contemporaneous, articulable
observations concerning an employee's appearance, behavior, speech,
odor and/or performance, Neptune Township may require an employee
submit to controlled substances and/or alcohol testing.
4.
Post-Accident Testing. If an employee is involved in an accident,
in a Township vehicle or engaged in official Township business, resulting
in either a citation/ticket/summonses for a moving traffic violation,
an injury resulting in a victim seeking treatment in an emergency
room, or loss of life, the employee shall be required to undergo both
controlled substances and breath alcohol testing.
5.
Return-To-Work Testing. No employee who has violated the provisions
of this policy may return to safety-sensitive functions without having
been evaluated by a substance abuse counselor and having successfully
passed either or both a controlled substances and breath alcohol test.
6.
Followup/Rehabilitation Testing. As a condition of continued employment
after having violated provisions of this policy, such employees shall
be subject to a minimum of six unannounced controlled substances and/or
alcohol breath tests during the following 12 months after returning
to work.
b.
This policy will deter substance abuse, detect and address substance
abuse problems as quickly as possible, provide help where possible,
and encourage employees who are abusing drugs to seek assistance voluntarily.
a.
Neptune Township considers drug and alcohol screening of its applicants
and employees to be a necessary condition of continued employment
with Neptune Township and will consider an employee's continuation
of work at Neptune Township to be an assent to this condition of employment.
b.
Reporting to work or for the performance of Township business, or
otherwise being on Township property [NOTE: The term "Township property"
includes the following, wherever located: all property, facilities,
land, buildings, structures, trucks, automobiles, and all other vehicles,
whether owned, leased or used, by the Township or its affiliates and/or
subsidiaries.] under the influence of drugs or alcohol is prohibited
as is the use, possession, distribution, manufacture, sale, or purchase
of drugs or alcohol while at work or on Neptune Township premises,
or while on Neptune Township business.
c.
Applicants and employees who fail to pass either the drug and/or
alcohol screen are in violation of Federal Highway Administration
regulations (announced in 59 Federal Register 7505-27; codified at
49 CFR Part 382.101-605), and are subject to mandated penalties, which
include: disqualification for driving, mandatory substance abuse counseling,
return-to-duty and random followup testing, and reporting of the incident
to federal authorities. In addition, Neptune Township may also impose
penalties (including termination) for CDL holders in violation of
the federal regulations expressed in this policy.
d.
Employees who are convicted for on- or off-job drug activity are
also in violation of this policy, New Jersey State Executive Order
No. 204. In deciding what action to take, management will take into
account the nature of the charges, the employee's present job responsibilities,
the employee's record with Neptune Township, and other factors relevant
to the impact of the employee's arrest upon Neptune Township.
e.
Neptune Township may conduct searches without further notice and
without reasonable suspicion for illegal drugs or alcohol in Neptune
Township facilities. Neptune Township facilities include, but are
not limited to: Neptune Township lockers, desks, toolboxes, filing
cabinets, vehicles, packages, work stations and other Township property.
f.
Failure to sign any applicable consents, submit to drug and/or alcohol
testing, to disclose and explain the nature of any suspected substance,
or the refusal of any other reasonable request under this policy;
or attempt to dilute, switch or adulterate a urine or breath alcohol
specimen, will be viewed as insubordination and subject to discipline,
including dismissal, reassignment, rehabilitation or other actions
as management finds appropriate. In addition, the Township retains
the option to report such activities to law enforcement officials.
As used in this section, the following terms shall have the
meanings indicated:
The intoxicating agent in beverage alcohol, ethyl alcohol,
or other low-weight alcohols including methyl and isopropyl alcohol.
Use four hours prior to reporting for work, and working while under
the influence of alcohol measured at 0.02 blood alcohol concentration
("BAC"), or greater, is prohibited.
Means and designates all holders of a commercial driver's
license. This policy applies to such persons regardless of their status
of intra- or interstate driving responsibilities.
As used by this policy and any or all appended forms, the
terms "drugs" and "controlled substances" shall include all derivatives
of the following classes of drugs: marijuana, cocaine, opiates (heroin,
etc.), phencyclidine (PCP) and amphetamines.
Being under the influence of drugs shall be determined by a
substance screen of bodily fluids that reveals such controlled substances
and/or metabolites. A positive drug screen result will be considered
to be a violation of this policy.
Legally obtained nonprescription and prescription drugs taken
in recommended dosages are not intended to be included in the definition
of "drugs" or "substances."
Any on-duty functions including but not limited to: loading,
driving, parking, inspecting, moving, servicing, repairing a commercial
motor vehicle (defined at 49 CFR 382.107). In all cases the listing
of such functions at 49 CFR 395.2, Paragraphs (1) to (7), shall be
controlling.
Any amount of controlled substance found in blood, breath
or urine, or any testing method deemed appropriate by a medical doctor
or testing facility.
a.
Statement. Given the Township's concern for drug and alcohol use
interfering with safety within the workplace and all members of the
public with whom Township employees have contact, combined with the
Township's commitment to a drug-free workplace, Neptune Township will
require all offers of employment extended to applicants be conditioned
on the applicant's ability to pass an alcohol and drug screening prior
to being granted full employment status.
b.
Failure of Either Alcohol or Drug Screen. Failure to pass either
the alcohol or drug screening may result in withdrawal of a conditional
offer of employment. When an offer is withdrawn for these reasons,
the applicant may reapply in six months for potential employment with
this Township. However, results of previous failed drug screening
may be considered by the Township in subsequent job applications.
Applicants that are denied full-employment status may request the
test results within 60 days from the date of the testing.
c.
Notice of Policy. All applicants will be notified of Neptune Township's
Substance Abuse Policy (this policy), and the mandatory alcohol and
drug screening at the time they complete their job application and
at least 24 hours prior to the test. Each employee will receive a
"Pre-Employment Notice of Drug and Alcohol Screening" at the time
they complete a job application. All applicants subject to such testing
shall be provided with a copy of the "Pre-Employment Specimen Collection
Procedures" to review prior to the alcohol and drug screen.
d.
Signed Release of Applicant. Every applicant who is requested to
submit to an alcohol and drug screen will be required to sign the
appropriate releases, thereby acknowledging awareness of this policy
and consent to undergo testing and have the results released to the
Township for employment determinations. Refusal to sign the consent
and/or provide a specimen for testing will be regarded as failing
to complete the application process and thereby rendering the applicant
unqualified for employment with Neptune Township and its agencies.
e.
Invalid Samples.
1.
In the event a urine, blood or breath sample is determined to be
invalid or unreliable by the laboratory or by the Township's Medical
Review Officer, but not due to misconduct of the employee, the applicant/employee
will be immediately notified of this fact and be required to submit
to a new test.
2.
If a sample is determined to be unreliable due to misconduct of the
applicant/employee, the individual will be regarded as having violated
this policy and subject to nonhiring and/or any other appropriate
discipline.
(a)
Testing misconduct includes, but is not limited to: diluting
the specimen, substituting samples and presenting it (wrongfully)
as one's own sample, and attempting to adulterate the specimen.
a.
Neptune Township and its agencies will require all drivers who are
involved in a reportable accident to immediately report such an accident
to a Township supervisor or management representative and undergo
an alcohol and controlled substances test.
b.
A reportable accident is an on-duty accident resulting in the loss
of human life, in the employee receiving a citation/ticket/summons
for a moving traffic violation connected to the accident, in bodily
injury that requires medical treatment or property and/or machinery
damages in excess of $2,500.
c.
A driver subject to post-accident testing is to remain readily available
at the accident site or close thereby for such testing and shall not
consume any alcohol or substances prohibited by this policy.
1.
Failure to remain readily available or not to consume such alcohol
or controlled substances shall be considered a refusal and a violation
of this policy.
2.
Failure to sign any one of the consents, provide appropriate urine,
breath or blood samples, failure of the test, or testing misconduct
of the employee will subject the employee to discipline up to and
including termination.
3.
However, nothing in this Policy shall require delay of medical attention
for injured person(s) following an accident or to prohibit a driver
from leaving the scene of an accident for their own medical attention,
to obtain assistance to respond to the accident, or to comply with
specific requests of law enforcement officials.
d.
Alcohol tests are to be administered: preferably within two hours
of the accident, and in no case any later than eight hours following
the time of the accident.
e.
Controlled substances tests are to be administered no later than
32 hours following the accident.
f.
Alcohol and/or controlled substances tests conducted by federal,
state or local authorities having independent authority for the testing
shall be considered to meet the requirements of this policy; provided
that the testing complies with this policy's requirements and the
results are released to the Township.
g.
All drivers shall be informed of these post-accident procedures,
instructions and information to enable such drivers to comply with
this policy.
a.
A driver may be required to submit to alcohol and/or controlled substances
testing based on the Township's reasonable suspicion that the driver
has violated the provisions of this policy.
b.
Reasonable suspicion must be based on specific, contemporaneous,
articulable observations concerning the driver's appearance, behavior,
speech, odor, and/or indications of use or withdrawal of alcohol/controlled
substances prohibited by this policy.
c.
Whenever practicable, at least two supervisors should confer and
agree that reasonable suspicion exists to request the employee to
submit to testing. However, when only one supervisor is available,
the use of only one supervisor is permissible.
1.
Questioning of Employees. When acting on reasonable suspicion that
the employee may be in violation of this policy, a supervisor shall
make all attempts to respect an employee's privacy. Therefore, when
time permits, a supervisor is to first consult with management prior
to initiating any conversation with the employee regarding their compliance
with this policy. Other guidelines include:
(a)
Questioning should be limited to general condition (e.g., does
the employee feel sick, do they know where they are, to whom are they
talking, and what may be the cause of the employee's present condition).
(b)
Care must be taken to unnecessarily identify the employee to
coworkers when initiating conversations concerning violations of this
policy. In most instances this will mean the employee is to be questioned
away from their designated job station and from other employees' ability
to overhear the conversation. However, such removal from a job station
in itself may needlessly identify an employee, and therefore, it may
be appropriate in some circumstances to begin questioning at the employee's
work station.
(c)
Management and supervisors are to limit their conversations
regarding possible violations of this policy to those persons who
are participating in any questioning, evaluation, investigation, or
disciplinary action on a need-to-know basis. Management and supervisors
are to instruct other employees, except as stated above, not to talk
about such possible violations.
d.
In all instances, the supervisor(s) shall make a written record of
the observations leading to reasonable suspicion testing. Such record
shall be signed by the supervisor who made such observations within
24 hours of observed behavior or release of the test results (whichever
is earlier). Whenever practicable, a copy of this form will accompany
the employee to the medical testing facility. Reasonable cause testing
should not be based solely on third-person observations or reports,
unless the supervisor(s) can verify and indicate further such observations
to be reliable.
e.
Any driver requested to submit to screening under reasonable cause
circumstances will be immediately escorted by a Township official
to a designated testing facility for the submission of a urine, breath
and/or blood sample. Any machinery being used by the affected employee
will be immediately taken out of operation until inspected and cleared
for reuse.
f.
After a sample has been provided, the employee under this section
of this policy will not be permitted to operate Township machinery
and will be directed home. The employee will wait in a designated
area until arrangements are made for the transportation of the employee
to their home. The Township will first attempt to contact the employee's
spouse or member of their family. In the event no one can be contacted,
Neptune Township and its agencies will make arrangements to transport
the employee to their home. If the employee rejects these alternatives,
the Township will take appropriate measures to discourage the employee
from operating his vehicle, including contacting law enforcement officials
if necessary.
g.
Employees requested to submit to testing under reasonable cause circumstances
will be suspended pending the results of the test. If the test results
are negative, the employee will be reinstated with full pay and employee
entitlements. If the results are positive, the employee may be subject
to discipline up to and including termination as effective from the
date of suspension.
h.
Noncompliance by Employees.
1.
Management and supervisors are not to attempt to use force in seeking
compliance with requests. Security personnel or possibly local law
enforcement officials should be called if the supervisor determines
that the employee should not be allowed to remain in the work area
and the employee refuses to leave.
2.
The supervisor is to explain to the employee that noncompliance with
the supervisor's requests to submit to alcohol and/or drug testing
under this policy, to disclose and explain the nature of any suspected
substance, to leave the work area or Township facility, or any other
reasonable request will be viewed as insubordination and subject to
discipline, including (but not limited to) termination for a first
time refusal or any subsequent refusal.
a.
In order to comply with Federal Department of Transportation and
Federal Highway Administration regulations, all CDL holders shall
be subject to random alcohol and controlled substances testing at
the following rates:
1.
Based on Neptune Township's annual average number of CDL holders,
25% of such drivers shall be subject to unannounced random selection
alcohol testing.
2.
Based on Neptune Township's annual average number of CDL holders,
50% of such drivers shall be subject to unannounced random selection
controlled substances testing.
b.
Once a driver is notified of their selection for testing, they are
to immediately proceed to the testing facility.
c.
Regarding alcohol testing, a driver is to be notified just prior
to, during the performance of, or just following the completion of
safety-sensitive functions.
a.
After having violated the provisions of this policy, no driver shall
be permitted to resume safety-sensitive functions until such driver
has:
1.
Been evaluated by a substance abuse counselor;
2.
Successfully passed either (or both) a controlled substances and/or
alcohol test (return-to-duty testing);
3.
In the instance of alcohol use violations of less than 0.04 BAC,
the driver shall also be prohibited from performing safety-sensitive
functions for a period of not less than 24 hours from the time of
the initial test which revealed the violation of this policy.
b.
Pursuant to the substance abuse professional's evaluation of the
driver, the driver shall be subject to a minimum of six unannounced
alcohol and/or controlled substances tests during the following 12
months ("followup testing").
[8-12-2019 by Ord. No.
2019-23]
a.
Neptune Township ("Township") recognizes the present problem of substance
abuse, and the profound effects it has on our society, and the extent
to which it can affect Neptune Township, its agencies and its employees.
b.
In order to make our work environment safer, and to comply with governmental
regulations, Neptune Township has established a Substance Abuse Policy
("policy"). This policy includes a procedure which will require applicants
and employees of certain safety-sensitive positions to submit to urine
screening to detect the presence of drugs in certain circumstances.
Such employees and applicants shall also be subject to alcohol breath
testing. Our employees and applicants will be required to undergo
alcohol and drug screening in the following circumstances:
1.
Pre-Placement Testing. Prior to assuming full employment status,
a successful applicant will be granted conditional employment status,
contingent on successful passing of the drug screen.
2.
Reasonable Cause Testing. Based on specific, contemporaneous, articulable
observations concerning an employee's appearance, behavior, speech,
odor and/or performance, Neptune Township may require an employee
submit to controlled substances and/or alcohol testing.
3.
Post-Accident Testing. If while performing safety-sensitive functions,
an employee holding a safety-sensitive position is involved in an
accident resulting in either a citation/ticket/summonses for a moving
traffic violation or loss of life, the employee shall be required
to undergo both controlled substances and breath alcohol testing.
4.
Return-to-Work Testing. No employee who has violated the provisions
of this policy may return to safety-sensitive functions without having
been evaluated by a substance abuse counselor and having successfully
passed either or both a controlled substances and breath alcohol test.
5.
Followup/Rehabilitation Testing. As a condition of continued employment
after having violated provisions of this policy, such employees shall
subject to a minimum of six unannounced controlled substances and/or
alcohol breath tests during the following 12 months after returning
to work.
c.
This policy will deter substance abuse, detect and address substance
abuse problems as quickly as possible, provide help where possible,
and encourage employees who are abusing drugs to seek assistance voluntarily.
a.
Neptune Township considers drug and alcohol screening of its applicants
and employees to be a necessary condition of continued employment
with Neptune Township and will consider an employee's continuation
of work at Neptune Township to be an assent to this condition of employment.
b.
Reporting to work or for the performance of Township business, or
otherwise being on Township property [NOTE: The term "Township property"
includes the following, wherever located: all property, facilities,
land, buildings, structures, trucks, automobiles, and all other vehicles,
whether owned, leased or used, by the Township or its affiliates and/or
subsidiaries.] under the influence of drugs or alcohol is prohibited
as is the use, possession, distribution, manufacture, sale, or purchase
of drugs or alcohol while at work or on Neptune Township premises,
or while on Neptune Township business.
c.
The illegal use of drugs off premises and while off duty is inconsistent
with an employee's responsibilities to the Township. Such use can
affect employee health, safety to the employee and coworkers, job
performance and the ability of the Township to meet its responsibilities.
Consequently illegal use of drugs while working on premises, off duty
and while off premises is prohibited.
d.
Neptune Township may conduct searches without further notice and
without reasonable suspicion for illegal drugs or alcohol in Neptune
Township facilities. Neptune Township facilities include, but are
not limited to: Neptune Township lockers, desks, toolboxes, filing
cabinets, vehicles, packages, work stations and other Township property.
e.
Violation of this policy will be considered by Neptune Township and
its agencies to be a voluntary offer of resignation by the applicant
and/or employee which may result in dismissal, reassignment, rehabilitation
or other actions as management finds appropriate. Failure to sign
any applicable consents, submit to drug and/or alcohol testing, to
disclose and explain the nature of any suspected substance, or the
refusal of any other reasonable request under this policy; or attempt
to dilute, switch or adulterate a urine or breath alcohol specimen,
will be viewed as insubordination and subject to discipline, including
dismissal, reassignment, rehabilitation or other actions as management
finds appropriate. In addition, the Township retains the option to
report such activities to law enforcement officials.
As used in this section, the following terms shall have the
meanings indicated:
The intoxicating agent in beverage alcohol, ethyl alcohol,
or other low-weight alcohols including methyl and isopropyl alcohol.
Use four hours prior to reporting for work, and working while under
the influence of alcohol measured at 0.02 blood alcohol concentration
("BAC"), or greater, is prohibited.
As used by this policy and any or all appended forms, the
terms "drugs" and "controlled substances" shall include all derivatives
of the following classes of drugs: marijuana, cocaine, opiates (heroin,
etc.), phencyclidine (PCP) and amphetamines.
Being under the influence of drugs shall be determined by a
substance screen of bodily fluids that reveals such controlled substances
and/or metabolites. A positive drug screen result will be considered
to be a violation of this policy.
Legally obtained nonprescription and prescription drugs taken
in recommended dosages are not intended to be included in the definition
of "drugs" or "substances."
Employees who operate any motorized vehicle(s) (whether owned
by the Township or not) in performing their responsibilities; operate
heavy machinery, enter upon private property, dwellings and/or businesses
in performing their responsibilities; carry firearms or work with
explosives of any nature; are responsible for the maintenance and/or
administration of controlled substances. This listing is subject to
change upon the Township's discretion.
Any on-duty function of a safety-sensitive position.
a.
Statement. Given the Township's concern for drug and alcohol use
interfering with safety within the workplace and all members of the
public with whom Township employees have contact, combined with the
Township's commitment to a drug-free workplace, Neptune Township will
require all offers of employment extended to applicants be conditioned
on the applicant's ability to pass an alcohol and drug screening prior
to being granted full employment status.
b.
Failure of Either Alcohol or Drug Screen. Failure to pass either
the alcohol or drug screening may result in withdrawal of a conditional
offer of employment. When an offer is withdrawn for these reasons,
the applicant may reapply in six months for potential employment with
this Township. However, results of previous failed drug screening
may be considered by the Township in subsequent job applications.
Applicants that are denied full-employment status may request the
test results within 60 days from the date of the testing.
c.
Notice of Policy. All applicants will be notified of Neptune Township's
substance abuse policy (this policy), and the mandatory alcohol and
drug screening at the time they complete their job application and
at least 24 hours prior to the test. Each employee will receive a
"Pre-Employment Notice of Drug and Alcohol Screening" at the time
they complete a job application. All applicants subject to such testing
shall be provided with a copy of the "Pre-Employment Specimen Collection
Procedures" to review prior to the alcohol and drug screen.
d.
Signed Release of Applicant. Every applicant who is requested to
submit to an alcohol and drug screen will be required to sign the
appropriate releases, thereby acknowledging awareness of this policy
and consent to undergo testing and have the results released to the
Township for employment determinations. Refusal to sign the consent
and/or provide a specimen for testing will be regarded as failing
to complete the application process and thereby rendering the applicant
unqualified for employment with Neptune Township and its agencies.
e.
Invalid Samples.
1.
In the event a urine, blood or breath sample is determined to be
invalid or unreliable by the laboratory or by the Township's Medical
Review Officer, but not due to misconduct of the employee, the applicant/employee
will be immediately notified of this fact and be required to submit
to a new test.
2.
If a sample is determined to be unreliable due to misconduct of the
applicant/employee, the individual will be regarded as having violated
this policy and subject to nonhiring and/or any other appropriate
discipline.
(a)
Testing misconduct includes, but is not limited to: diluting
the specimen, substituting samples and presenting it (wrongfully)
as one's own sample, and attempting to adulterate the specimen.
a.
A specific employee holding a safety-sensitive position may be required
to submit to alcohol and/or controlled substances testing based on
the Township's reasonable suspicion that the employee has violated
the provisions of this policy.
b.
Reasonable suspicion must be based on specific, contemporaneous,
articulable observations concerning the specific employee holding
a safety-sensitive position's appearance, behavior, speech, odor,
and/or indications of use or withdrawal of alcohol/controlled substances
prohibited by this policy.
c.
Whenever practicable, at least two supervisors should confer and
agree that reasonable suspicion exists to request the employee to
submit to testing. However, when only one supervisor is available,
the use of only one supervisor is permissible.
1.
Questioning of Employees. When acting on reasonable suspicion that
the employee may be in violation of this policy, a supervisor shall
make all attempts to respect an employee's privacy. Therefore, when
time permits, a supervisor is to first consult with management prior
to initiating any conversation with the employee regarding their compliance
with this policy. Other guidelines include:
(a)
Questioning should be limited to general condition (e.g., does
the employee feel sick, do they know where they are, to whom are they
talking, and what may be the cause of the employee's present condition).
(b)
Care must be taken to unnecessarily identify the employee to
coworkers when initiating conversations concerning violations of this
policy. In most instances this will mean the employee is to be questioned
away from their designated job station and from other employees' ability
to overhear the conversation. However, such removal from a job station
in itself may needlessly identify an employee, and therefore it may
be appropriate in some circumstances to begin questioning at the employee's
work station.
(c)
Management and supervisors are to limit their conversations
regarding possible violations of this policy to those persons who
are participating in any questioning, evaluation, investigation, or
disciplinary action on a need-to-know basis. Management and supervisors
are to instruct other employees, except as stated above, not to talk
about such possible violations.
d.
In all instances, the supervisor(s) shall make a written record of
the observations leading to reasonable suspicion testing. Such record
shall be signed by the supervisor who made such observations within
24 hours of observed behavior or release of the test results (whichever
is earlier). Whenever practicable, a copy of this form will accompany
the employee to the medical testing facility. Reasonable cause testing
should not be based solely on third-person observations or reports,
unless the supervisor(s) can verify and indicate further such observations
to be reliable.
e.
Any specific employee holding a safety sensitive position requested
to submit to screening under reasonable cause circumstances will be
immediately escorted by a Township official to a designated testing
facility for the submission of a urine, breath and/or blood sample.
Any machinery being used by the affected employee will be immediately
taken out of operation until inspected and cleared for reuse.
f.
After a sample has been provided, the employee under this section
of this policy will not be permitted to operate Township machinery
and will be directed home. The employee will wait in a designated
area until arrangements are made for the transportation of the employee
to their home. The Township will first attempt to contact the employee's
spouse or member of their family. In the event no one can be contacted,
Neptune Township and its agencies will make arrangements to transport
the employee to their home. If the employee rejects these alternatives,
the Township will take appropriate measures to discourage the employee
from operating his vehicle, including contacting law enforcement officials
if necessary.
g.
Employees requested to submit to testing under reasonable cause circumstances
will be suspended pending the results of the test. If the test results
are negative, the employee will be reinstated with full pay and employee
entitlements. If the results are positive, the employee may be subject
to discipline up to and including termination as effective from the
date of suspension.
h.
Noncompliance by Employees.
1.
Management and supervisors are not to attempt to use force in seeking
compliance with requests. Security personnel or possibly local law
enforcement officials should be called if the supervisor determines
that the employee should not be allowed to remain in the work area
and the employee refuses to leave.
2.
The supervisor is to explain to the employee that noncompliance with
the supervisor's requests to submit to alcohol and/or drug testing
under this policy, to disclose and explain the nature of any suspected
substance, to leave the work area or Township facility, or any other
reasonable request will be viewed as insubordination and subject to
discipline, including (but not limited to) termination for a first
time refusal or any subsequent refusal.
a.
Neptune Township and its agencies will require all specific employees
holding safety-sensitive positions who are involved in a reportable
accident to immediately report such an accident to a Township supervisor
or management representative and undergo an alcohol and controlled
substances test.
b.
A reportable accident is an on-duty accident resulting in the loss
of human life, in the specific employee holding a safety-sensitive
position receiving a citation/ticket/summons for a moving traffic
violation connected to the accident, in bodily injury that requires
medical treatment or property and/or machinery damages in excess of
$2,500.
c.
A specific employee holding a safety-sensitive position subject to
post-accident testing is to remain readily available at the accident
site or close thereby for such testing and shall not consume any alcohol
or substances prohibited by this policy.
1.
Failure to remain readily available or not to consume such alcohol
or controlled substances shall be considered a refusal and a violation
of this policy.
2.
Failure to sign any one of the consents, provide appropriate urine,
breath or blood samples, failure of the test, or testing misconduct
of the employee will subject the employee to discipline up to and
including termination.
3.
However, nothing in this policy shall require delay of medical attention
for injured person(s) following an accident or to prohibit a specific
employee holding a safety-sensitive position from leaving the scene
of an accident for their own medical attention, to obtain assistance
to respond to the accident, or to comply with specific requests of
law enforcement officials.
d.
Alcohol tests are to be administered preferably within two hours
of the accident, and in no case any later than eight hours following
the time of the accident.
e.
Controlled substances tests are to be administered no later than
32 hours following the accident.
f.
Alcohol and/or controlled substances tests conducted by federal,
state or local authorities having independent authority for the testing
shall be considered to meet the requirements of this policy provided
that the testing complies with this policy's requirements and the
results are released to the Township.
g.
All specific employees holding safety-sensitive positions shall be
informed of these post-accident procedures, instructions and information
to enable such employees to comply with this policy.
a.
After having violated the provisions of this policy, no specific
employee holding a safety-sensitive position shall be permitted to
resume safety-sensitive functions until such employee has:
1.
Been evaluated by a substance abuse counselor;
2.
Successfully passed either (or both) a controlled substances and/or
alcohol test (return-to-duty testing);
3.
In the instance of alcohol use violations of less than 0.04 BAC,
the specific employee holding a safety-sensitive position shall also
be prohibited from performing safety-sensitive functions for a period
of not less than 24 hours from the time of the initial test which
revealed the violation of this policy.
b.
Pursuant to the substance abuse professional's evaluation of the
specific employee holding a safety-sensitive position, the employee
shall be subject to a minimum of six unannounced alcohol and/or controlled
substances tests during the following 12 months ("followup testing").
[8-12-2019 by Ord. No.
2019-23]
a.
Neptune Township ("Township") recognizes the present problem of substance
abuse, and the profound effects it has on our society, and the extent
to which it can affect Neptune Township, its agencies and its employees.
b.
In order to make our work environment safer, and to comply with governmental
regulations, Neptune Township has established a Drug-Free Workplace
Policy (policy).
c.
This policy will deter substance abuse and address substance abuse
problems as quickly as possible, provide help where possible, and
encourage employees who are abusing drugs to seek assistance voluntarily.
a.
Neptune Township considers drug and alcohol screening of its applicants
and employees to be a necessary condition of continued employment
with Neptune Township and will consider an employee's continuation
of work at Neptune Township to be an assent to this condition of employment.
b.
Reporting to work or for the performance of Township business, or
otherwise being on Township property [NOTE: The term "Township property"
includes the following, wherever located: all property, facilities,
land, buildings, structures, trucks, automobiles, and all other vehicles,
whether owned, leased or used, by the Township or its affiliates and/or
subsidiaries.] under the influence of drugs or alcohol is prohibited
as is the use, possession, distribution, manufacture, sale, or purchase
of drugs or alcohol while at work or on Neptune Township premises,
or while on Neptune Township business.
c.
The illegal use of drugs off premises and while off duty is inconsistent
with an employee's responsibilities to the Township. Such use can
affect employee health, safety to the employee and coworkers, job
performance and the ability of the Township to meet its responsibilities.
Consequently illegal use of drugs while working on premises, off duty
and while off premises is prohibited.
d.
Neptune Township may conduct searches without further notice and
without reasonable suspicion for illegal drugs or alcohol in Neptune
Township facilities. Neptune Township facilities include, but are
not limited to: Neptune Township lockers, desks, toolboxes, filing
cabinets, vehicles, packages, work stations and other Township property.
e.
Violation of this policy will be considered by Neptune Township and
its agencies to be a voluntary offer of resignation by the applicant
and/or employee which may result in dismissal, reassignment, rehabilitation
or other actions as management finds appropriate. In addition, the
Township retains the option to report such activities to law enforcement
officials.
As used in this section, the following terms shall have the
meanings indicated:
The intoxicating agent in beverage alcohol, ethyl alcohol,
or other low-weight alcohols including methyl and isopropyl alcohol.
Use four hours prior to reporting for work, and working while under
the influence of alcohol measured at 0.02 blood alcohol concentration
("BAC"), or greater, is prohibited.
As used by this policy and any or all appended forms, the
terms "drugs" and "controlled substances" shall include all derivatives
of the following classes of drugs: marijuana, cocaine, opiates (heroin,
etc.), phencyclidine (PCP) and amphetamines.
Being under the influence of drugs shall be determined by a
substance screen of bodily fluids that reveals such controlled substances
and/or metabolites. A positive drug screen result will be considered
to be a violation of this policy.
Legally obtained nonprescription and prescription drugs taken
in recommended dosages are not intended to be included in the definition
of "drugs" or "substances."
a.
A specific employee may be required to submit to alcohol and/or controlled
substances testing based on the Township's reasonable suspicion that
the employee has violated the provisions of this policy.
b.
Reasonable suspicion must be based on specific, contemporaneous,
articulable observations concerning the specific employee's appearance,
behavior, speech, odor, and/or indications of use or withdrawal of
alcohol/controlled substances prohibited by this policy.
c.
Whenever practicable, at least two supervisors should confer and
agree that reasonable suspicion exists to request the employee to
submit to testing. However, when only one supervisor is available,
the use of only one supervisor is permissible.
1.
Questioning of Employees. When acting on reasonable suspicion that
the employee may be in violation of this policy, a supervisor shall
make all attempts to respect an employee's privacy. Therefore, when
time permits, a supervisor is to first consult with management prior
to initiating any conversation with the employee regarding their compliance
with this policy. Other guidelines include:
(a)
Questioning should be limited to general condition (e.g., does
the employee feel sick, do they know where they are, to whom are they
talking, and what may be the cause of the employee's present condition).
(b)
Care must be taken to unnecessarily identify the employee to
coworkers when initiating conversations concerning violations of this
policy. In most instances this will mean the employee is to be questioned
away from their designated job station and from other employees' ability
to overhear the conversation. However, such removal from a job station
in itself may needlessly identify an employee, and therefore, it may
be appropriate in some circumstances to begin questioning at the employee's
work station.
(c)
Management and supervisors are to limit their conversations
regarding possible violations of this policy to those persons who
are participating in any questioning, evaluation, investigation, or
disciplinary action on a need-to-know basis. Management and supervisors
are to instruct other employees, except as stated above, not to talk
about such possible violations.
d.
In all instances, the supervisor(s) shall make a written record of
the observations leading to reasonable suspicion testing. Such record
shall be signed by the supervisor who made such observations within
24 hours of observed behavior or release of the test results (whichever
is earlier). Whenever practicable, a copy of this form will accompany
the employee to the medical testing facility. Reasonable cause testing
should not be based solely on third-person observations or reports,
unless the supervisor(s) can verify and indicate further such observations
to be reliable.
e.
Any specific employee requested to submit to screening under reasonable
cause circumstances will be immediately escorted by a Township official
to a designated testing facility for the submission of a urine, breath
and/or blood sample. Any machinery being used by the affected employee
will be immediately taken out of operation until inspected and cleared
for reuse.
f.
After a sample has been provided, the employee under this section
of this policy will not be permitted to operate Township machinery
and will be directed home. The employee will wait in a designated
area until arrangements are made for the transportation of the employee
to their home. The Township will first attempt to contact the employee's
spouse or member of their family. In the event no one can be contacted,
Neptune Township and its agencies will make arrangements to transport
the employee to their home. If the employee rejects these alternatives,
the Township will take appropriate measures to discourage the employee
from operating his vehicle, including contacting law enforcement officials
if necessary.
g.
Employees requested to submit to testing under reasonable cause circumstances
will be suspended pending the results of the test. If the test results
are negative, the employee will be reinstated with full pay and employee
entitlements. If the results are positive, the employee may be subject
to discipline up to and including termination as effective from the
date of suspension.
h.
Noncompliance by Employees.
1.
Management and supervisors are not to attempt to use force in seeking
compliance with requests. Security personnel or possibly local law
enforcement officials should be called if the supervisor determines
that the employee should not be allowed to remain in the work area
and the employee refuses to leave.
2.
The supervisor is to explain to the employee that noncompliance with
the supervisor's requests to submit to alcohol and/or drug testing
under this policy, to disclose and explain the nature of any suspected
substance, to leave the work area or Township facility, or any other
reasonable request will be viewed as insubordination and subject to
discipline, including (but not limited to) termination for a first
time refusal or any subsequent refusal.
[8-12-2019 by Ord. No.
2019-23]
a.
Consent and Release. An employee will be required to sign appropriate
consents and releases authorizing the taking of a urine sample and
to disclose the results of the laboratory testing to the Township.
The employee will also be required to disclose on the consent form
any and all prescription or over-the-counter medications they are
taking.
b.
Chain of Custody Procedures.
1.
Prior to the time specimens are taken, the employee will be given
a copy of the specimen collection procedures.
2.
Employees will be identified upon arrival at the collection site
via photo ID or employer ID. Testing cannot proceed without verification
of the identity of the donor.
3.
The donor will be required to take off all jackets, bags, pocketbooks,
etc. (anything that could foreseeably contain a concealed specimen),
and wash their hands prior to providing the specimen.
4.
The donor will be escorted to an area for providing the specimen
that respects the donor's privacy while complying with this policy.
The enclosure shall provide a toilet to complete voiding/urination.
A source of water and towels for the donor to wash their hands shall
be available outside the enclosure (if practicable). No access to
the enclosure during the entire collection procedure where a specimen
is being provided is permitted, so as to minimize any embarrassment
of the donor and prevent distraction of the collection site personnel.
5.
To minimize the risk of adulterated or diluted specimens, no source
of water or soap/cleansing agents in the enclosure is permitted, and
a bluing or dying agent is to be placed in the toilet.
6.
Only one test is to be performed at a time. No testing of another
donor is to begin (including the filling out of the necessary consents,
forms and chains of custody) until the testing process of the current
donor is completed by the signing of the chain of custody forms by
both collection site personnel and the donor and the specimen is placed
in its transportation mailer.
7.
Collection site personnel are to verify that 45 milliliters of urine
have been provided and that within four minutes of providing the sample,
the temperature is to be measured by the collection site personnel
and be within 90.5° F. to 99.8° F.
8.
If the genuineness of the specimen is in doubt due to temperature,
the collection site personnel may request that the donor have their
oral temperature taken (to verify the donor's body vs. urine specimen
temperature), and if the body temperature varies by more than 1.8°
F., the collection site personnel shall request a second specimen
for testing. If the donor refuses to have their temperature taken,
it shall be grounds to consider the specimen as having been tampered.
9.
If the collection site personnel note any unusual color or sign of
contaminants in the specimen, a second specimen shall be requested.
10.
In all instances where a second specimen is requested, the original
(suspect) specimen shall also be forwarded to the laboratory for testing.
11.
The specimen is to be kept in the sight of both the employee and
the collection site personnel from the time it is delivered to the
time of its being labeled and the chain of custody forms being signed
by both collection site personnel and the donor.
12.
The collection site personnel are to pour 15 milliliters of the urine
specimen into a second container for split testing.
13.
The specimen bottles are then to be labeled in the presence of the
employee, and initialed by the employee that they are indeed his/her
specimens. The bottles are also to be sealed by placing the chain
of custody tamperproof seal over the top of the specimen bottles and
down the sides of the bottles. This procedure will tamperproof the
specimens and guarantee that the specimen tested by the laboratory
are those of the employee from whom the sample was drawn.
14.
The appropriate urine chain of custody and control form should be
filled out by the collection site personnel and then signed by the
donor.
15.
No unauthorized personnel shall be permitted in any part of the designated
urine collection site where urine specimens are being collected or
stored.
16.
If the specimen container is received at the laboratory in an undamaged
condition, properly sealed, labeled, and initialed as certified by
the laboratory, the Medical Review Officer and Neptune Township and
its agencies will be privileged to rely on the analysis of the specimens
so received.
17.
Laboratory and medical personnel will be responsible for completing
appropriate chain of custody documentation and ensuring that proper
procedures are followed to protect the integrity of the samples and
the reliability of the test results.
18.
In reasonable cause circumstances, both the Township official transporting
the employee to the collection site and the medical personnel will
ensure that a copy of the supervisor's report accompanies the urine
sample to the laboratory for evaluation.
19.
Neptune Township expects all of its employees to exercise good faith
when undergoing the screen and in ensuring that proper test procedures
are adhered to. This will guarantee that the final results are accurate.
Failure or refusal to observe these good faith requirements may constitute
dishonesty and/or insubordination and may subject the employee to
immediate discipline, up to and including termination.
c.
Invalid Samples.
1.
In the event that a urine sample is determined to be invalid or unreliable
by the collection site personnel, the laboratory analyzing the sample,
or by the Medical Review Officer, due to circumstances unrelated to
the conduct of the employee, the employee will be immediately notified
of the circumstances requiring a new test. If the employee has otherwise
complied with the procedures, they will be returned to work immediately
(except in reasonable or post-accident circumstances), pending the
results of the new test.
2.
If the urine sample is determined to be invalid or unreliable due
to circumstances related to the conduct of the employee, they will
be subject to discipline, up to and including termination.
d.
Laboratory Requirements and Methodology.
1.
Urinalysis.
(a)
The initial test will be an immunoassay analysis. If the immunoassay
test results are negative, no further testing will be required and
the result will be reported as negative. However, if the immunoassay
test results are positive, a more precise test, a gas chromatography/mass
spectrometry (GC/MS), must be performed on the specimen.
(b)
For the purposes of this policy, presence of drugs shall be
indicated at the following level of drugs and/or drug metabolites
in the urine:
|
Initial Test
|
Initial Test Level
(ng/ml)
|
|---|---|
|
Marijuana
|
100
|
|
Cocaine metabolites
|
300
|
|
Opiate metabolites
|
300
|
|
Phencyclidine
|
25
|
|
Amphetamines
|
1,000
|
|
Marijuana metabolites**
|
15
|
|
Cocaine metabolites***
|
150
|
|
Opiate metabolites
| |
|
Morphine
|
300
|
|
Codeine
|
300
|
|
Phencyclidine
|
25
|
|
Amphetamines
| |
|
Amphetamine
|
500
|
|
Methamphetamine
|
500
|
|
NOTES:
| |
|
**
|
Delta-9-tetrahydrocannabinol-9-carboxylic acid.
|
|
***
|
Benzoylecgonine
|
2.
Testing will be limited to the presence of drugs and their metabolites,
and under no other circumstances will the sample be tested for any
other purpose.
3.
Specimen retention. All specimens deemed to be "positive" by the
laboratory and MRO will be retained in long-term frozen storage for
identification and retesting purposes at the laboratory for a period
of one year.
4.
Approved Testing Laboratories. Any and all laboratories used by Neptune
Township and its agencies to perform drug testing will be required
to perform all of the necessary testing procedures and be SAMASHA
certified, in addition to being appropriately certified under all
applicable local, state and federal licensing and regulatory requirements.
e.
Test Results - Privacy/Confidentiality. Positive test results should
be revealed to the applicant and/or employee only after they have
been verified by the Medical Review Officer. These results are confidential
medical information and must not be revealed or discussed with anyone
in the Township except on an absolute need-to-know basis, and then
only after the result has been confirmed. The Medical Review Officer
shall not release individual test results except to Township personnel
authorized to receive confirmed test results without first obtaining
the written authorization of the employee.
f.
Notification. All employees will be notified of confirmed positive
test results. Employees have 72 hours from the time of notification
to request that the second ("split") specimen be tested. Any applicant
who requests results of what drug(s) were discovered will be notified
within 60 days of being notified of the disposition of the employment
application, provided that the applicant requests such information.
g.
Prescription and Nonprescription Medications.
1.
Disclosure. Before any urine drug screening is performed, the employee
and applicant shall note, on the "Consent and Release Form," the use
of any prescription or nonprescription medications.
2.
Prescription Drugs. Prescription drugs are a cause for concern to
Neptune Township and its agencies if they affect the ability of the
employee to work safely.
(a)
Employees taking a drug prescribed by a licensed physician must
have the drug in its original container which identifies the drug,
dosage, date of prescription, and authorizing physician. It is the
responsibility of the employee to review with their physician any
work restriction(s) that should be observed while on the medication.
In cases when use of medication requires work restrictions, it is
the further responsibility of the employee to report such restriction
to their supervisor, manager, and to the Medical Review Officer. Failure
to properly notify a manager or supervisor of such work restrictions
shall be a violation of this policy that subjects the employee to
discipline at the discretion of the Township.
(b)
In the interests of safety, an employee whose use of medication
necessitates work restriction(s) may be reassigned and/or placed on
medical leave until the work restrictions are lifted. Once such restrictions
are lifted, the employee may safely resume all aspects of their assigned
job functions.
(c)
If these procedures are followed, the use of prescription and
nonprescription drugs in accordance with the dosage instructions shall
not be cause for discipline under this policy.
h.
Records. Neptune Township and its agencies will retain in the employee's
qualification file only the following information:
1.
That the employee submitted to a controlled substance test, and on
what occasion (i.e., pre-placement, reasonable cause, post-accident,
or return to work).
2.
The date of the test.
3.
The location of the test.
4.
The identity of the person or entity performing the test.
5.
Whether the test results were positive or negative.
a.
The Township shall retain a Medical Review Officer ("MRO"), who is
a licensed physician, knowledgeable in the medicinal, pharmaceutical,
and toxicological aspects of drugs. The MRO has knowledge of substance
abuse disorders and has appropriate medical training to interpret
and evaluate an individual's positive test results together with the
patient's medical history and prescription/nonprescription drug usage.
b.
After the laboratory has tested the specimen, it is to direct those
results to the MRO to interpret and evaluate the results, regardless
of whether the test results are confirmed as negative or positive.
Regarding positive results, the MRO must further assess and determine
whether alternative medical explanations could account for the positive
drug screen result before informing designated Neptune Township officials
as to test results.
c.
Further Responsibilities:
1.
Receive and review all testing results.
2.
Receive and document a certified copy of the original chain of custody.
3.
Inform the tested individual of their test results in the event of
a positive confirmatory test.
4.
In the event of a positive result, provide the individual an opportunity
to discuss the results and conduct a medical interview to determine
whether medical, biological, or permitted prescription (or nonprescription)
drug use could be an alternative explanation for the test result.
5.
Order retesting of the sample and/or quantitative description of
testing results, when appropriate.
6.
Consult with laboratory officials and personnel, when appropriate.
7.
Determine whether a result is consistent with legal drug use.
8.
Forward results of verified test results to previously designated
Neptune Township officials.
9.
Otherwise conform all activities to the responsibilities of a Medical
Review Officer.
Officers, managers and employees should become thoroughly familiar
with Neptune Township's Substance Abuse Policy (this policy). Furthermore,
management's responsibility under this policy is to arrange for the
distribution of this policy to all affected employees, preferably
accomplished by the employee signing an acknowledgment form that they
have received a copy of this policy.
a.
The Township shall communicate this policy to its employees by use
of posted notices in the workplace, oral briefings, and distribution
of copies of the policy.
b.
The Township shall conduct periodic awareness sessions, i.e., meetings,
films, check staffers, etc.
c.
This policy is designed to provide for the maximum safety and well-being
of all employees and personnel. Your assistance and cooperation for
the achievement of this goal is vitally important as Neptune Township
intends to strive for increased awareness concerning the destructive
nature of drug and alcohol abuse. Neptune Township and its agencies
regret any inconvenience or problems this policy may create, but presently
believe that the overall benefit to the Township, its employees, and
to the community makes this policy both necessary and helpful.
[8-12-2019 by Ord. No.
2019-23]
a.
Township-owned vehicles shall be used only on official business.
All passengers must be on Township business as well. Only authorized
Township personnel or persons conducting business with the Township
shall be transported in the Township-owned vehicles.
b.
Except as otherwise described herein, personal use of Township-owned
vehicles is prohibited and shall be cause for disciplinary action
and/or removal from employment.
c.
Assigned drivers are responsible for ensuring that the Township-owned
vehicles are kept clean, in good condition and are serviced in accordance
with the preventative maintenance schedule. The Township shall provide
liability coverage for all employees operating Township-owned vehicles
on official Township business.
d.
Unless otherwise authorized by the Township Committee, municipal
vehicles may be taken home only with the advance approval of the Township
Administrator and at the discretion of the Township Committee. A department
head may also grant temporary approval to facilitate responses to
after-hours emergency calls. When an employee takes home a Township
vehicle, it is to be used only for official Township business; any
other use is not permitted.
e.
For the purpose of enhanced public safety, vehicles assigned to the
Township Administrator, Chief of Police, Deputy Chief of Police, Captain
of Police, Emergency Management Coordinator and Deputy Emergency Management
Coordinator(s) shall be permitted for general use, provided that the
employee using the vehicle is available to respond to any and all
appropriate Township business or emergencies that require the presence
of said employee.
f.
Township employees shall be reimbursed for use of their personal
vehicles to travel to approved seminars, educational courses, or to
do Township-related errands, which reimbursement shall include tolls
and parking charges. Mileage reimbursement shall be made at the current,
standard rate established by the United States Internal Revenue Service.
In order to be reimbursed, receipts must be submitted to support such
expenditures and be approved, in advance, by the department head.
g.
Employees are not permitted, under any circumstances, to operate
a Township vehicle, or a personal vehicle for Township business, when
any physical or mental impairment causes the employee to be unable
to drive safely. This prohibition included circumstances in which
the employee is temporarily unable to operate a vehicle safely or
legally because of illness, medication, or intoxication.
h.
Employees must report any accident, theft, damage, breakdown, or
mechanical problem involving a Township vehicle or a personal vehicle
used on Township business to their supervisor, regardless of the extent
of damage or lack of injuries. These reports must be made as soon
as possible, but no later than 48 hours after the incident. Employees
are expected to cooperate fully with authorities in the event of an
accident. However, they should not make any statements other than
in reply to questions of investigating officers.
i.
Any violation of this policy constitutes cause for disciplinary action.
[8-12-2019 by Ord. No.
2019-23]
The Communication Media Policy is described in the Personnel
Policy Guidebook.
[8-12-2019 by Ord. No.
2019-23]
As used in this section, the following terms shall have the
meanings indicated:
Any individual seeking election to a public office of the
federal government, state, county, municipality, school district or
political organization at an election.
Includes all loans and transfers of money or other thing
of value to or by any candidate, elected official or political organization
and all pledges or other commitments or assumptions of liability to
make any such transfer. Contributions shall be deemed to have been
made upon the date when such commitment is made or liability assumed.
Any person holding elective municipal office or holding an
appointed position in the municipal government, or in any agency,
commission, board, or office thereof, whether the position is full
time or part time, compensated or uncompensated; and any employee
of municipal government or in any agency, commission, board, or office
thereof, whether the position is full- or part-time.
This municipality and any officer, department, board, commission,
or agency thereof.
Any two or more persons acting jointly, or any corporation,
partnership, or any other incorporated or unincorporated association
which is organized to, or does, aid or promote the nomination, election
or defeat of any candidate or candidates for federal, state, county,
municipal or school board office. Political organizations include,
but are not limited to, organizations otherwise defined as political
committee, joint candidates committee, and legislative leadership
committee.
Buildings, land, vehicles, phones, fax machines, computers
or other office equipment or supplies and other real or personal property
owned, leased or controlled by the municipality, except for public
roads and open park land.
To seek by oral or written communication a contribution as
same is defined herein.
a.
Prohibition Against Soliciting or Accepting Political Contributions
on Public Property. No municipal official, employee or appointee may
solicit, commit to pay, or receive payment of or a commitment to pay
any contribution for any candidate, elected official or political
organization while in or on the property of the municipality or utilizing
the property of the municipality.
b.
Prohibited Forms of Fundraising. Prohibited forms of fundraising
shall include but are not limited to:
1.
Soliciting or accepting contributions using municipal telephones,
fax machines or computers.
2.
Soliciting or accepting contributions using personal telephones while
on the property of the municipality.
3.
Soliciting or accepting contributions through the use of publicly
owned computers or privately owned personal computers while on the
property of the municipality.
4.
Using municipal letterhead to solicit or accept contributions.
5.
Sending correspondence from municipal buildings or by use of municipal
services, equipment or postage.
6.
Face-to-face soliciting of an individual or an owner or representative
of a business entity while on the property of the municipality.
7.
Use of automobiles owned or leased by the municipality to accept
or solicit contributions.
It shall be the responsibility of any employee, appointed or
elected official who observes any prohibited forms of fundraising
to report such conduct to the municipal ethics board, if one exists,
or in the alternative, to the Municipal Prosecutor and the Municipal
Clerk who shall report same to the governing body.
It shall be unlawful for any employee, elected official or appointee
to be dismissed, reprimanded, retaliated against or otherwise intimidated
for complying with the reporting requirements mandated by this section.
Violation of any provision of this section shall be punished
by a period of community service not exceeding 90 days or imprisonment
in the county jail for a term not exceeding 90 days or a fine not
exceeding $1,000.
[8-12-2019 by Ord. No.
2019-23]
The Personnel Policy Guidebook, described in Subsection 9-29.1
and referenced throughout this chapter, shall be hereby adopted and
may be revised by resolution of the Township Committee from time to
time.[1]
[1]
Editor's Note: Former § 9-29.1, Table of Contents,
which immediately followed this section, was repealed 10-7-2021 by Ord. No. 21-43.
