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Borough of Garwood, NJ
Union County
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Editor's Note: Former § 30-17, Employee conduct, and § 30-18, Employee disciplinary action, were repealed .4-11-2019 by Ord. No. 19-03.
[Amended 4-11-2019 by Ord. No. 19-03]
Statement of policy:
A. 
Suspension is the temporary removal of an employee from the Borough service. A suspended employee shall not receive pay, nor shall he be permitted to use or accrue any privileges or benefits during the suspension period.
B. 
Any employee may be suspended without pay for reasons of misconduct, negligence, inefficiency, disloyalty, insubordination, repeated unauthorized absence or other offenses.
C. 
Suspension procedure. The Borough Administrator/Clerk or department head, including the person acting as such in the case of absence or vacancy, may recommend to the Mayor and Council the suspension of an employee in the department of which he is head for such period as he may deem appropriate and for such cause as he may deem sufficient. The Borough Administrator/Clerk may temporarily suspend an employee, without pay, pending a meeting of the Mayor and Council. An employee who is charged with a criminal offense or who has been recommended for dismissal may be recommended for suspension on said basis. Any person recommended for suspension under the foregoing provisions shall be given written notice of such recommendation for suspension, which notice shall state the reason for such recommendation for suspension and shall advise such employee of his right to be present at any hearings or proceedings before the Mayor and Council. The employee recommended for suspension, if he is a permanent employee, shall have the right to appear and to be represented by counsel. The Mayor and Council shall accept, reject or modify such recommendation or order suspension for such period as it may deem advisable.
[Amended 4-11-2019 by Ord. No. 19-03]
Statement of policy:
A. 
All discharges will be in accordance with law as well as applicable collective bargaining agreements. The procedure set forth in this section shall apply to all officers of the Borough and to all permanent full-time or part-time employees. However, the Borough Administrator is authorized to terminate temporary, seasonal, probationary, full-time and part-time nonunion, nonstatutory employees without the consent and/or decision of the Mayor and Council.
B. 
A department head, including the person acting as such in the case of absence or vacancy, may recommend to the Mayor and Council that an employee be dismissed when such action is deemed by said department head to be in the best interest of the Borough. Such dismissal recommendation shall be in writing and shall state the reasons therefor. The Mayor and Council will ensure that the employee concerned has been accorded the right to appear and to be represented by counsel in all proceedings.
C. 
An employee who is recommended for dismissal under the provisions contained herein shall be given written notice of such recommendation, which notice shall state the reason for such recommendation and shall advise the employee of his right to appear and to be represented by counsel in any hearing or proceedings before the Mayor and Council. A copy of such notice shall be transmitted at the same time to the Mayor and Council.
D. 
A permanent employee may tender his resignation prior to the hearing before the Mayor and Council, in which event the dismissal shall become final after such resignation shall be accepted by the Mayor and Council.
E. 
The Mayor and Council, after reviewing the recommendations of the department head in a dismissal case and conducting such further investigation and hearings as it may deem necessary, shall render a decision thereon within a reasonable period of time. The decision of the Mayor and Council in all dismissal cases shall be final.
[Amended 4-11-2019 by Ord. No. 19-03; 12-9-2021 by Ord. No. 21-20]
Statement of policy:
A. 
An employee who intends to resign must notify the Administrator, in writing, at least two weeks in advance. After giving notice of resignation, employees are expected to assist their supervisor and coworkers by providing information concerning their current projects and help in the training of a replacement. No vacation time will be afforded during the two-week period.
B. 
Employees must return all keys and equipment prior to their last day of employment.