[1985 Code § 2-15]
All regular full-time employees of the Borough of East Newark,
including members of the Police Department, shall be paid weekly.
[Ord. No. 12-06 § 2]
Purpose of this section is to specify those employees entitled
to Health Benefits.
[Ord. No. 11-06 § 3]
Employees working 40 hours a week are entitled to health insurance
benefits to be provided by the Borough. Pursuant to N.J.S.A. 17B:27A-24,
the number of employees working 40 hours a week shall at a minimum,
represent 75% of the employees working over 25 hours per week.
[Ord. No. 2004-01 § 2]
The purpose of this section which has been adopted by the Mayor
and Borough Council is to adopt a formal policy on sexual harassment
which shall be distributed to every employee of the Borough of East
Newark and which shall be strictly enforced.
[Ord. No. 2004-01 § 3]
As used in this section, the following terms shall have the
meaning indicated:
Shall mean unwelcome sexual advances, requests for sexual
favors and other verbal or physical conduct based on gender when:
Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment;
Submission to or rejection of such conduct by an individual
is used as the basis for employment decisions affecting such individual;
or
Such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
hostile or offensive working environment, including but not limited
to:
Gender Harassment: Generalized gender-based remarks and behavior.
Seductive Behavior: Inappropriate, unwanted, offensive physical
or verbal sexual advances.
Sexual Bribery: Solicitation of sexual activity or other sex-linked
behavior by promise of reward.
Sexual Coercion: Coercion of sexual activity by threat of punishment.
Sexual Assault: Gross sexual imposition such as touching, fondling,
grabbing or assault.
[Ord. No. 2004-01 § 4]
All employees, female or male, shall be permitted to work in
an environment free from all forms of unlawful discrimination and
conduct which can be considered harassing, coercive or disruptive,
including sexual harassment. Sexual harassment is a form of employee
misconduct which undermines the integrity of the employment relationship.
Sexual harassment debilitates morale and interferes with work productivity
and, therefore, will not be tolerated.
[Ord. No. 2004-01 § 5]
a.
Procedure.
1.
Supervisory. In order to ensure the integrity of the work environment,
supervisory personnel are required to ensure adherence to and compliance
with this policy and, upon being informed of possible sexual harassment,
are required to take appropriate immediate action in response, including
informing employees of their right to file a discrimination complaint
with the Sexual Harassment Officer or the alternate officer.
2.
Employee. Employees are encouraged, whether directly or through a
third party, to notify the alleged harasser that the behavior in question
is offensive and unwelcome. However, failure to do so does not preclude
filing a complaint. Employees are encouraged to promptly report all
alleged incidents of sexual harassment to the Sexual Harassment Officer.
3.
Contents of filing. The compliant filed must include the following
information:
(a)
The name and department of the complainant.
(b)
The name and department of the charged party.
(c)
The nature and circumstances, in detail, of the alleged sexual
harassment, including but not limited to the injuries or consequences
suffered by the complainant, the names of any witnesses to such actions
and the duration of the actions questioned.
(d)
Whether such harassment has been previously reported to a supervisor
or other person and, if so, when and to whom.
b.
Nothing in this section shall prevent the complainant from providing
other information or documents they believe are essential to the fair
adjudication of their case.
c.
The initial complaint may be made orally or in writing. If the complaint
is made orally, the Sexual Harassment Officer shall reduce the same
to a written document which shall, if it is deemed accurate, be signed
by the complainant.
d.
The Borough Administrator is hereby designated as the Sexual Harassment
Officer. The Acting Borough Clerk is hereby designated as the Alternate
Sexual Harassment Officer. Persons who, by reason of the circumstances,
are uncomfortable directing a complaint to the Sexual Harassment Officer
may report the same to the Alternate Sexual Harassment Officer.
[Ord. No. 2004-01 § 6]
A complaint of sexual harassment shall be investigated by the
Sexual Harassment Officer in a timely manner and shall include, but
not be limited to:
a.
Interviewing the complainant in detail.
b.
Interviewing all potential witnesses, including those persons who
may have knowledge of similar incidents.
c.
Interviewing the charged party in detail.
d.
Reviewing municipal files for similar incidents involving the complainant
and the charged party.
e.
Assessing the presence or absence of corroborative evidence for either
party.
[Ord. No. 2004-01 § 7]
To the extent possible, the sexual harassment investigative
proceedings will be conducted in a manner to protect the confidentiality
of the complainant, the alleged harasser and all witnesses. All parties
involved in the proceedings will be advised to maintain strict confidentiality,
from the initial meeting to the final decision, to safeguard the privacy
and reputation of all involved.
[Ord. No. 2004-01 § 8]
It shall be a violation of this policy for any employee to take
reprisals against any person because he/she has filed a complaint,
testified or assisted in any proceeding under this policy. Threats,
other forms of intimidation and/or retaliation against the complainant
or any other party based on involvement in the complaint process may
be cause for disciplinary action.
[Ord. No. 2004-01 § 9]
All complaints will be addressed by the Sexual Harassment Officer,
and the alleged harasser will be notified once a formal complaint
is filed with the Sexual Harassment Officer. A finding of no probable
cause as a result of an investigation does not necessarily establish
that an accusation is false. However, this policy shall not be used
to intentionally bring frivolous or malicious charges against an employee.
[Ord. No. 2004-01 § 10]
Disciplinary action for employees found in violation of this
policy may be progressive in nature, but is not required to be, and
may include:
[Ord. No. 2004-01 § 11]
To the extent permitted by law, the Borough will not be liable
for damages obtained as a result of a decision of a non-local agency
or court of superior administrative remedies described herein.
[Ord. No. 2004-01 § 12]
Employees of the Borough shall be provided with training by
a person trained to lead or implement such training, which shall include
a detailed discussion of the following:
a.
A detailed explanation of what constitutes sexual harassment;
b.
The procedures for filing a sexual harassment charge;
c.
The procedures to be followed in the investigation of a sexual harassment
charge;
d.
Management's obligation regarding incidents of sexual harassment;
e.
Record keeping requirements.
[Ord. No. 2004-01 § 13]
Since a charge of sexual harassment is a grave and serious one,
false accusations of sexual harassment are, and will be treated as,
a disciplinary offense and will result in a level of punishment appropriate
for a person actually engaging in such behavior.
[Ord. No. 18-07 § 1]
a.
All employees whose duties require the operation of a Borough-owned
motor vehicle or who operate a privately owned vehicle while conducting
official business as part of their employment with the Borough must
possess a valid New Jersey driver's license and a safe driving record.
The license must be appropriate to the type of vehicle operated. For
the purposes of this section, employee shall include members of the
East Newark Volunteer Fire Department;
b.
Employees operating Borough-owned motor vehicles or privately owned
vehicles while conducting official business shall observe all traffic
laws, rules and regulations, and the dictates of common sense and
good judgment;
c.
No other person shall be permitted to drive or be a passenger in
the Borough-owned vehicle at any time, unless authorized by the Mayor
or department head, with the exception of another municipal employee;
d.
All new employees who will be assigned work entailing the operating
of a Borough vehicle, will be required to submit to a Motor Vehicle
Commission driving records check as a condition of employment. A report
indicating a suspended or revoked license status may be cause to deny
or terminate employment;
e.
Periodic checks of employees' drivers' licenses through visual and
formal Motor Vehicle Commission review checks shall be made by department
heads. Any employee who does not hold a valid driver's license will
not be allowed to operate a Borough vehicle until such time as a valid
license is obtained;
f.
Any employee performing work which requires the operation of a Borough
vehicle must notify the department head in those cases where a license
is expired, suspended or revoked. An employee that fails to report
such an instance is subject to disciplinary action, including demotion,
suspension or termination;
g.
Any information obtained by the Borough in accordance with this section
shall be used by the Borough only for carrying out its lawful functions
and for other lawful purposes in accordance with the Driver's Privacy
Protection Act.
[Ord. No. 18-07 § 2]
Any municipal employee who has permission to drive a municipally
owned vehicle to his/her residence shall not drive the vehicle for
personal use.
[Ord. No. 18-07 § 3]
a.
Borough-owned motor vehicles shall be used for official Borough business
only. Borough vehicles must be available for Borough business at all
times;
b.
The department head shall be responsible for assigning employees
to particular vehicles. Other employees or individuals shall not use
any vehicle without first obtaining the permission of the department
head or Mayor;
c.
The employee to whom the vehicle is assigned is responsible for the
mechanical condition of the vehicle, reporting any mechanical difficulties,
damage or safety defects to the department head;
d.
Unauthorized use or removal of a municipal vehicle may be cause for
disciplinary action, up to and including termination of employment;
e.
An employee may be held liable for a loss or damages to a municipal
vehicle if the loss or damage is the result of gross negligence or
reckless conduct on the part of the employee;
f.
All occupants of municipal vehicles must wear their seat belts in
compliance with laws of the State of New Jersey;
g.
All employees operating municipal vehicles must comply with all motor
vehicle and traffic laws. Failure to comply with all motor vehicle
and traffic laws may result in disciplinary action, up to and including
termination;
h.
A municipal vehicle should be inspected prior to operation. Any defects
found with the municipal vehicle before, during and after operation
must be reported to the immediate supervisor or department head.
[Ord. No. 18-07 § 4]
a.
All motor vehicle accidents involving a municipal vehicle must be
reported to the Police Department in the location where the accident
occurs;
b.
A vehicular accident report must be prepared by the driver and their
immediate supervisor. Also, a vehicular loss notice must be prepared
inclusive of all sketches and details. The employee must submit a
report detailing the accident to the appointee and/or department head
responsible for vehicular accident records within 24 hours of the
accident;
c.
The following procedures must be adhered to when an accident occurs:
1.
Stop and investigate immediately;
2.
Attend to injured first;
3.
Obtain names and addresses of owners, drivers and occupants of the
other vehicle(s) involved;
4.
Obtain the other parties' insurance company names, addresses and
policy numbers; and
5.
Do not discuss the accident nor sign any statements unless authorized
to do so by an authorized Borough official, other than the Police
Officer filing the report.
