[Ord. No. 04-30]
The Personnel Policy Manual is on file in the office of the
Borough Clerk.
[Ord. No. 96-24 § 1]
This section shall be known as "The Anti-Nepotism Policy of
the Borough of Tenafly."
[Ord. No. 96-24 § 2; Ord. No. 98-03 § 2]
a.
The prohibitions set forth in these Anti-Nepotism regulations shall
apply to all full-time, part-time, temporary and seasonal positions
of the Borough of Tenafly.
b.
This section shall not apply to appointments to the various Boards,
Commissions, and Committees of the Borough.
c.
Subject to the exception in subsection 9-2.4d below, this section and the prohibition against certain hiring contained herein shall be applied prospectively only from the effective date of its enactment and shall not in any way be construed to prohibit or make unlawful any current employment relationship or situation or the hiring or promotion of any person currently employed by the Borough of Tenafly as of the effective date of this section which may technically be in violation of the terms hereof but for its prospective application. For purposes of interpreting this exception, persons appointed to positions of employment with the Borough for a set term shall be considered current employees notwithstanding the fact that the then term may have ended. Such persons holding positions of employment with the Borough under a set term may be hired to any position in the Borough, rehired, reappointed or promoted, as may be the case, without violating this section.
[Ord. No. 96-24 § 3; Ord. No. 98-03 § 4]
As used in this section:
Shall mean persons holding the position of either Mayor or
Councilmember of the Borough of Tenafly.
Shall mean and include all members of the immediate family,
including spouses, parent/child, grandparent/grandchild, step-parents,
siblings, direct-line aunts, uncles, and first cousins and spouses
thereof by reason of relation to any of the above. Aunts, uncles,
nephews or nieces by marriage are not regarded as members of the immediate
family for the purpose of this policy.
Shall mean any employee of the Borough of Tenafly having
supervisory duties and powers over another employee or employees within
the respective Department of the Borough.
Shall mean any employment which is not full-time, regular
part-time, or seasonal employment.
[Ord. No. 96-24 § 4; Ord. No. 98-03 § 5; Ord. No. 06-33 § 1]
The following restrictions shall apply to the hiring and promotion
of employees to employment positions for the Borough of Tenafly:
a.
No relative (as defined herein) shall be considered for employment
or hired to a position of employment with the Borough of Tenafly where
that person will be employed with another relative who is an existing
employee within the same department or office, except as provided
herein below.
b.
Exceptions.
1.
Seasonal Employment. Applications for seasonal employment may be
considered from applicants who are under 23 years of age and a relative
of an existing employee, provided that relative is not employed in
a supervisory position with the same department or office.
2.
Temporary Employment. A relative of an existing employee may be hired
for a period of temporary employment not to exceed 10 consecutive
work days.
c.
Relatives of Elected Officials. No person who is a relative (as defined
herein) of any elected official of the Borough of Tenafly shall be
considered for employment as an employee of the Borough. This shall
not restrict nor prohibit the continued employment of individuals
to a position or positions with the Borough where a relative of an
employee is elected as a Mayor or Councilmember after the date of
the employee's start of employment with the Borough.
d.
Promotion of Existing Employees. Notwithstanding the prospective
application as to the remainder of this section as applied above,
no elected official or supervisor in a department may participate
in the promotion process or hiring process in that department of any
existing employee who is a relative of the elected official or supervisor,
as the case may be. The elected official or supervisor shall abstain
from participation in such personnel action as it applies to such
relative.
[Ord. No. 96-24 § 5]
This policy is not for the purpose of depriving any citizen
of an equal chance for employment with the Borough, but is solely
intended to eliminate the potential for preferential treatment of
the relatives of governmental personnel.
[Ord. No. 96-24 § 6]
Except as may be otherwise expressly provided for herein, this
section shall not affect the employment of any present Borough employees
and/or any existing contractual obligations with employees by the
Borough of Tenafly.
[1]
Editor's Note: Prior ordinance history includes Ordinance
No. 97-19.
[Ord. No. 2014-16]
The Borough of Tenafly is committed to providing a work environment
that is free of discrimination. The Borough will not tolerate harassment
of or by Borough employees towards anyone, including any supervisor,
co-worker, or non-employee, including vendors and citizens.
[Ord. No. 2014-16]
This policy applies to all people employed by the Borough of
Tenafly, as well as members of the Governing Body, appointed officials
and volunteers working on behalf of the Borough, and prohibits such
conduct by or towards all such officials, employees and volunteers.
Independent contractors, vendors and all other parties engaged in
a professional business relationship with the Borough are also expected
to abide by the policy. In addition, no Borough employee shall be
required to withstand behavior from the public which violates this
policy. Harassment of non-employees by Borough employees is also prohibited.
[Ord. No. 2014-16]
This policy is designed to ensure all employees of the Borough
a work environment free of any type of discrimination based upon a
protected status, including freedom from sexual harassment. The purpose
of this policy is to inform employees that harassment based upon a
protected status is prohibited, to educate employees about harassment
based upon a protected status and to provide employees with a procedure
to bring complaints to management's attention.
[Ord. No. 2014-16]
a.
All Borough employees are expected to avoid any behavior or conduct
of a harassing or discriminatory nature. The Borough prohibits any
form of harassment or discrimination related to an employee's
actual or perceived protected group status, including race, creed,
color, national origin, ancestry, religion, age, marital status, civil
union status, domestic partnership status, affectional or sexual orientation,
genetic information, sex, pregnancy (including childbirth or related
medical conditions), gender identity or expression, disability (including
physical, mental, and/or intellectual disabilities, AIDS or HIV infection),
political affiliation (to the extent protected by law), atypical hereditary
cellular or blood trait, or because of the liability for service in
the United States Armed Forces, nationality, veteran status, citizenship
status, or any other group status protected by law. Harassment includes,
but is not limited to:
1.
Treating an individual less favorably based on a person's protected
group status;
2.
Using derogatory or demeaning slurs to refer to a person's protected
group status;
3.
Calling another by an unwanted nickname which refers to one or more
protected group statuses, or telling ethnic jokes that harass an employee
or create a hostile work environment;
4.
Using derogatory references regarding a protected group status in
any job-related communication;
5.
Engaging in threatening, intimidating, or hostile acts, in the workplace,
based on a protected group status; or
6.
Displaying or distributing material in the workplace that contains
language or derogatory or demeaning images, caricatures or representations
of persons using electronically or physically altered photos, drawings,
or images, based on any protected group status.
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Any form of harassment or discrimination related to an employee's
protected group status violates this policy. This policy applies to
all employment practices such as recruitment, selection, hiring, training,
promotion, transfer, assignment, layoff, return from layoff, termination,
compensation, fringe benefits, working conditions and career development.
Violations of this policy will result in appropriate disciplinary
action up to and including termination of employment.
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b.
Sexual Harassment. The Borough prohibits sexual harassment of its
employees in any form. Such conduct shall result in appropriate disciplinary
action up to and including dismissal from employment.
1.
Sexual harassment consists of unwelcome sexual advances, requests
for sexual favors, sexually motivated physical conduct or other verbal
or physical conduct, gestures or communication, expressed or implied,
of a sexual nature when:
(a)
Submission to that conduct or communication is made a term or
condition, either explicitly or implicitly, of obtaining or retaining
employment; or
(b)
Submission to or rejection of that conduct or communication
by an individual is used as a factor in decisions affecting that individual's
employment, or
(c)
That conduct or communication has the purpose or effect of substantially
or unreasonably interfering with an individual's employment,
or creating an intimidating hostile or offensive employment environment.
Regarding unwelcome sexual advances toward non-employees, requests
for sexual favors and other verbal, physical or visual conduct of
a sexual nature constitute harassment when:
(1)
Submission to such conduct is made either explicitly or implicitly
in exchange for a benefit;
(2)
Submission to or rejection of such conduct by an individual
is used as the basis for a decision affecting the individual; or
(3)
Such conduct has the purpose or effect of unreasonably interfering
with an individual's activities or creating an intimidating,
hostile or offensive environment.
2.
Prohibited Conduct.
No supervisory employee shall threaten or insinuate either directly
or indirectly, that an employee's refusal to submit to sexual
advances will adversely affect the employee's continued employment,
evaluation, compensation, assignment, advancement, or any other condition
of employment. Similarly, no supervisory employee shall promise or
suggest either directly or indirectly, that an employee's submission
to sexual advances will result in any improvement in any term or condition
of employment for the employee.
Other sexually harassing conduct in the work place, whether
committed by supervisory or non-supervisory personnel is also prohibited.
This includes, but shall not be limited to:
(a)
Sexual flirtations, advances, propositions, subtle pressure
for sexual activity, flirtatious whistling, discussing sexual activities;
(b)
Verbal abuse of a sexual nature including sexually oriented
"kidding" or "teasing," "practical jokes," jokes about gender-specific
traits, and foul or obscene language or gestures;
(c)
The display of sexually graphic pictures or pictures of an offensive
nature, or object in the work place, including sexually suggestive
written material such as letters, notes, caricatures or representations
of persons using electronically or physically altered photos, drawings,
or images; facsimiles, text messages and e-mails;
(d)
Any unwelcome sexually motivated touching, including, for example,
patting, pinching, hugging, cornering, blocking or impeding movement
and repeated brushing against another employee's body.
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Sexual harassment also occurs when one person harasses another
solely because of the victim's gender. This type of sexual harassment
may involve unwelcome sexual demands or overtures, but it may also
take the form of other harassing conduct not necessarily sexual in
nature. For example, this would include gender stereotyping such as
comments about the lesser abilities, capacities, or the "proper role"
of females. It also includes subjecting a woman or a man to non-sexual
harassment solely because of her or his gender. Sexual harassment
is prohibited whether the harasser is male or female, and whether
the harassment is opposite sex or same-sex harassment.
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c.
Complaint Procedure.
Notifying appropriate personnel of any harassment problem is
essential to the success of this policy. The Borough cannot resolve
a harassment problem if it does not know about it. Employees who feel
they have been subjected to harassment must report the harassment.
Any employee who feels he or she has been subject to harassment
should report the incident directly to the Administrator. Alternatively,
any employee who feels he or she has been subject to harassment should
report the incident directly to the Director of Finance. The Administrator
or Director of Finance will ask the employee to complete an Employee
Complaint Form. Employees, however, are not required to complete the
complaint form to initiate a harassment complaint under this policy.
The names and telephone numbers of the Administrator and Director
of Finance are contained in the Contact Information attached to this
policy.
Any individual uncomfortable reporting an incident to the Administrator
or Director of Finance should feel free to go to any upper management
representative with whom he or she feels most comfortable to relay
the problem. When any management representative learns of a violation
of this policy, the management representative must assist the complainant
in reporting the alleged incident(s) of harassment. Additionally,
the management representative must report the matter to the Administrator
or Director of Finance.
All Borough employees should notify the alleged harasser that
the behavior in question is thought to be offensive and unwelcome.
Failure to inform the alleged harasser that the behavior is unwelcome,
however, does not prevent the victim from filing a complaint pursuant
to this policy. The harassment or discrimination does not have to
occur on Borough property during regular work hours for an employee
to file a complaint under this policy. Moreover, harassment of any
employee in connection with the work by non-employees may also be
a violation of this policy.
The Borough strongly encourages employees who witness conduct
which they believe violates the Borough's Policy Prohibiting
Harassment to report the violation pursuant to this complaint procedure.
The Borough encourages the prompt reporting of complaints so
that rapid response and appropriate action may be taken. All complaints
should be reported as promptly as possible. Nevertheless, due to the
sensitive nature of these problems, all complaints will be investigated,
regardless of when they are filed.
d.
Investigation Procedure.
The Borough will conduct an investigation into the harassment
complaint to determine the merits of the allegations. The Administrator
or Director of Finance will designate an objective investigator to
determine the validity of any complaint. The objective investigator
may include the Administrator or Director of Finance or any third
party deemed appropriate. The investigation shall be completed in
a reasonable time to resolve the issue and minimize the effects of
such investigation on the parties involved.
The investigation will, at a minimum, include an interview with
the employee bringing the complaint and the accused. All employees
who report harassment, or who are interviewed during an investigation
have an obligation to be truthful and forthcoming. If the Borough
determines that the complaint has merit, the accused will face appropriate
disciplinary action based upon the severity of the complaint and any
prior history of past charges against the individual. Disciplinary
action may include a written warning, suspension, demotion, and/or
termination of employment. Any disciplinary action will be consistent
with applicable collective bargaining agreements and applicable due
process safeguards.
Upon completion of the investigation, the entire file shall
be maintained in a secure location in the Administrator's office.
In the event that the Borough determines the complaint to be
intentionally dishonest, appropriate disciplinary action may be taken
against the employee who caused the complaint to be filed. Complaints
that are brought in good faith, even if unsubstantiated, do not constitute
an intentionally dishonest accusation.
e.
Privacy. The Borough will strive to maintain confidentiality to the
extent possible. The Borough has a compelling interest in protecting
the integrity of its investigations. In every investigation, the Borough
has a strong desire to protect witnesses from harassment, intimidation
and retaliation, to keep evidence from being destroyed, to ensure
that testimony is not fabricated, and to prevent a cover-up. The Borough
may decide in some circumstances that to achieve these objectives,
employees must maintain the investigation and their role in it in
strict confidence. If the Borough reasonably imposes such a requirement
and an employee does not maintain such confidentiality, the employee
may be subject to disciplinary action up to and including immediate
termination.
f.
Responsibility of Supervisory Personnel.
Supervisors are to monitor the work environment to ensure that
all subordinates comply with this Policy Prohibiting Harassment. When
a supervisor learns of a violation of this policy, the supervisor
must assist the victim in reporting the alleged incident(s) of harassment.
Additionally, the supervisor must report the matter to the Administrator
or Director of Finance for resolution.
Any supervisor who receives a harassment complaint from any
employee must bring it to the attention of the Administrator or Director
of Finance for resolution.
Supervisors who do not fulfill their responsibilities under
this Policy will be subjected to disciplinary action up to and including
termination of employment.
g.
Retaliation Prohibited.
The Borough encourages victims of harassment to bring their
complaints to management by ensuring that no reprisals or retaliation
will result from the good faith reporting of harassment. The filing
of a complaint, in good faith, shall not, under any circumstances
provide cause for discipline. Additionally, it is a violation of this
policy for any personnel to retaliate against another because he or
she filed a complaint or otherwise participated in the complaint procedure.
Supervisors must closely monitor the work environment for any
forms of retaliation once an allegation has been made. This will include
but not be limited to verbal remarks, irregular assignments or any
other activity that may contribute to a hostile work environment.
Any supervisor who receives a retaliation complaint from any
employee must bring it to the attention of the Administrator or Director
of Finance for resolution.
h.
Consensual Relationships.
The Borough strongly discourages romantic or sexual relationships
between a management or other supervisory employee and his or her
subordinate (an employee who reports directly to that person) because
such a relationship may give rise to the perception by others that
there is favoritism or bias in employment decisions affecting the
subordinate employee. Moreover, given the uneven balance of power
within such relationship, consent by the subordinate is suspect and
may be viewed by others or, at a later date, by the subordinate, as
the result of coercion or intimidation.
If a Borough employee enters into a consensual relationship
which is romantic or sexual in nature with a subordinate (an employee
who reports directly to that person), the employees must notify the
Administrator. Upon notice, the Administrator or his or her designee
will review the situation in light of all the facts (reporting relationship
between the parties, effect on co-workers, job responsibilities, etc.)
to determine whether to change the reporting relationship or take
other appropriate action.
i.
Legal Effect.
This Policy Prohibiting Harassment is to be construed as a unilateral
expression of the policy of the Borough of Tenafly concerning harassment
in the workplace. It is not intended to create any contractual rights
or duties and any such intention or effect is disclaimed. This policy
may be amended, supplemented, modified and/or revised at any time.
Any employee with questions regarding the Borough's Policy
Prohibiting Harassment should contact the Administrator.
[Ord. No. 98-24 § 1]
This section shall be known as "The Outside Employment Policy
of the Borough of Tenafly."
[Ord. No. 98-24 § 2]
The provisions of this section shall apply to all full-time
and part-time employees within the position classifications of Department
Head and above.
[Ord. No. 98-24 § 3]
a.
Employees shall not accept outside employment or engage in outside
business activities without the prior approval of the Mayor and Council.
b.
Applications for permission to accept such outside employment shall
be made in writing to the Borough Clerk by January 31 each year. The
application shall set forth pertinent information concerning the type
of work to be engaged in, the name and address of the prospective
employer, and the hours of such employment. The Borough Clerk will
submit each request to the Mayor and Council for consideration.
c.
An application for permission to accept outside employment may be
denied by the Mayor and Council where such outside employment shall
serve as a conflict of interest with the employee's regular municipal
position within the Borough of Tenafly. The Mayor and Council shall
not otherwise deny such permission, but shall reserve the right thereafter
to require an employee to terminate his outside employment where it
shall prove to be detrimental or interfere with the performance of
the employee's regular functions with the Borough.
[1]
Editor's Note: Former Section 9-5, Waiver of Health Benefits
Program for Eligible Borough of Tenafly Employees, previously codified
herein and containing portions of Ordinance No. 09-05, was repealed
in its entirety by Ordinance No. 11-10.
