a. 
An employee may be disciplined for cause in accordance with general law and this chapter. Any act or failure to act on the part of an employee in the course of his/her duties that is not conforming to the letter or spirit of the Township policies and rules or to specific instructions given to him or if the employee is considered to have acted in an improper manner may subject the employee to disciplinary action.
1. 
When a Department Head and/or the Business Administrator believes that an employee has acted in such a manner that he is subject to disciplinary action, the Department Head and/or the Business Administrator should first privately discuss the matter with the employee concerned, in order to obtain the employee's view of the matter. The Department Head and Business Administrator should, if possible, then obtain assurance that there will not be a repetition of the incident.
2. 
If the matter is not serious and the Department Head and Business Administrator are satisfied, the matter may then be dropped.
3. 
Depending on the gravity of the matter and the employee's past record, the employee may be given a written reprimand to be placed in the employee's file.
4. 
If the Department Head and Business Administrator consider the matter sufficiently serious to warrant consideration by the Township Committee, a meeting will be arranged at the earliest possible date after proper notice has been given. All facts should be presented at this meeting which should, if possible, be conclusive. A determination of the extent of disciplinary action, if any, will be made at that time.
b. 
Disciplinary action by the Township Committee may take one or more of the following forms:
1. 
Informal, verbal reproof.
2. 
Written reproof with a copy of the memoranda placed in the employee's personnel file.
3. 
Suspension from duty without pay irrespective of time frame taken by action of the Township Committee or its designee;
4. 
Dismissal from the Township's employ by action of the Township Committee or its designee.
5. 
Demotion by action of the Township Committee or its designee or payment of a fine as set forth below. Demotion shall include, but not be limited to, a change in job title and/or loss of pay. A fine may be imposed as a form of restitution, in lieu of suspension, where the employee has agreed to payment of a fine as a disciplinary option. The fine may be paid in a lump sum or installments, as determined by the Township Committee or designee.
c. 
Nothing shall require the Township to take disciplinary action in the order of appearance in this section so long as the action taken is related to the severity of the offense determined to have occurred.
d. 
All documents in any way connected with an employee's disciplinary history shall be placed permanently in the employee's personnel file and may be viewed in accordance with the terms of this chapter.
e. 
Newly hired probationary employees may be separated from their employment by action of the Township Committee or its designee at any time without recourse from the employee.
f. 
An employee who is terminated shall not be entitled to payment for any unused benefit days.
g. 
An employee may appeal a disciplinary action except that of the Township Committee or its designee by means of the procedures set forth in Grievance Procedure in this section or as established by Federal/State law, rules and/or regulations.
[Res. 85-04]
a. 
The Township shall not discipline any employee without cause. Cause shall include, but not be limited to:
1. 
Violation of any Federal, State, County and/or local law or regulation, either by arrest, arraignment, indictment and/or conviction.
2. 
Conduct unbecoming a public employee;
3. 
Neglect of duty;
4. 
Failure to comply with the directives of his Supervisor or designee;
5. 
Incompetence, inefficiency or failure to perform duties;
6. 
Chronic and/or excessive absenteeism or tardiness;
7. 
Insubordination;
8. 
Any violation of safety regulations;
9. 
Failure to follow chain-of-command policies;
10. 
Sexual harassment;
11. 
Inability to perform duties;
12. 
Conviction of a crime;
13. 
Abusing or destroying Township property;
14. 
Possession of a weapon on Township property;
15. 
Offensive language or conduct;
16. 
Disorderly, lewd or immoral conduct;
17. 
Intoxication and/or possession of alcohol or a controlled dangerous substance on Township premises;
18. 
Falsifying any Township documents or record, including an employment application or punching a time card or filling out a time record (either their own or another employee);
19. 
Physical and/or verbal abuse of any person;
20. 
Misuse of public property, including motor vehicles;
21. 
Sleeping and/or having sex while on duty;
22. 
Violation of Federal regulations and/or State and/or Township policy concerning drug and alcohol use by and testing of employees who perform functions related to the operation of commercial motor vehicles.
23. 
Violation of Township policies, procedures and regulations.
24. 
Falsification of public records including personnel records.
The above list is illustrative only and there may be other causes for disciplinary action.
[Res. 85-04]
The Township will not tolerate workplace violence. Violent acts or threats made by an employee against another person or property are cause for immediate dismissal and will be fully prosecuted. This includes any violence or threats made on Township property, at Township events or under other circumstances that may negatively affect the Township's ability to conduct business.
Prohibited conduct includes:
a. 
Causing physical injury to another person;
b. 
Making threatening remarks;
c. 
Aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress;
d. 
Intentionally damaging employer property or property of another employee;
e. 
Possession of a weapon while on Township property or while on Township business except with the authority of the Police Chief; and
f. 
Committing acts motivated by, or related to, sexual harassment or domestic violence.
Any potentially dangerous situations must be immediately reported. The Township will actively intervene in any potentially hostile or violent situation.
[Res. 85-04]
Employees who wish to complain of harassment or any other workplace wrongdoing are requested to immediately report the matter to their supervisor, or if they prefer, to their Department Head or the Township Administrator. Employees are encouraged to complain in writing using the Employee Complaint form, but may make a verbal complaint at their discretion. No retaliatory measures shall be taken against any employee who complains of workplace wrongdoing. The Township will, to the maximum extent feasible, maintain the confidentiality of such complaints on a need-to-know basis. However, investigation of such complaints may require disclosure to the accused party and other witnesses in order to gather pertinent facts.
[Res. 85-04]
Employees have the right to formally or informally report any statement, act, or behavior by a co-employee, supervisor, elected official or visitor that they believe to be improper.
a. 
Reporting. Employees should be asked to report complaints in writing utilizing the Employee Complaint form, but are not compelled to do so.
b. 
Identification/Screening. The supervisor, Department Head, must report all written or verbal complaints to the Township Administrator unless the complaint is against the Township Administrator. Upon receipt, the Township Administrator will determine if the complaint was made pursuant to the General Anti-Harassment Policy, the Anti-Sexual Harassment Policy, the Whistle Blower Policy, a grievance procedure or is another form of complaint. A file will be established including the written complaint, the investigation procedure followed and the response action plan. As soon as possible but no later than 10 days after receiving the complaint, the Township Administrator or investigator appointed by the Township Administrator will interview the employee. If the employee is reluctant to sign a written complaint, the Township Administrator or investigator will prepare written notes of the date, time and place of the complaint and the specific allegations. These notes will be read back to the employee who will be asked to affirm, preferably in writing, the information's accuracy.
c. 
Investigation. The Township Administrator will seek the advice of the Labor Counsel when planning the investigation. The investigation should be conducted by the Labor Attorney, or Township Attorney or County Prosecutor if it involves potential criminal charges. The investigation should establish the frequency and nature of the alleged conduct and whether the complaint coincides with other employment events such as a poor performance evaluation. The investigation should also determine if other employees were subjected to similar misconduct. It is important to protect the rights of both the person making the complaint and the alleged wrongdoer.
d. 
Response Plan — No Corrective Action Required. The Township Administrator will discuss the conclusions with the Labor Attorney and render a decision within 14 days after the investigation is complete. If the validity of a complaint cannot be determined or the complaint is groundless, the complaining employee should be notified in writing. Care should be taken to avoid being too specific, confrontational or accusatory and to avoid any language that might be construed as defamatory. A general statement is usually more appropriate that the claim was thoroughly investigated, but could not be sufficiently documented or confirmed to justify taking formal action. The employee should be assured that future complaints will be investigated and that the Township is committed to eliminating wrongful employment practices when they are found to exist. If the investigation reveals that the complainant intentionally and maliciously levied false charges against the alleged wrongdoer, the complainant must be notified of the seriousness of filing a false complaint, and the appropriate disciplinary penalty under the circumstances, up to and including termination.
e. 
Response Plan — Corrective Action Required. If the investigation reveals that the complaint is justified and substantiated, the Township Administrator will formulate with the advice of the Labor Counsel a corrective action plan as well as possible disciplinary action. The complaining employee will be notified, in writing, that it appears that the complaint was justified and an appropriate response plan has been formulated. A copy of the response plan should be attached to the letter. The response plan should provide for appropriate remedial action to prevent a recurrence of the wrongful act or behavior.
It is the policy of the Township that every employee at all times be treated fairly, courteously and with respect. Conversely, each employee is expected to accord the same treatment to his associates, supervisors and to the public.
a. 
Grievance means a complaint by an employee that, in his opinion, there has been an inequitable, improper or unjust application, interpretation or violation of a policy or administrative decision affecting working conditions of an employee.
b. 
Whenever an employee has a grievance, he should first present it verbally to his Department Head and/or Business Administrator. It is the responsibility of the Department Head and/or Business Administrator to arrange a mutually satisfactory settlement of the grievance within seven calendar days of the time when it was first presented to him, or being unable to do so, advise the employee within that time of the inability to resolve the matter.
c. 
When an employee has been advised that the Department Head and/or Business Administrator cannot arrange a mutually satisfactory solution to the grievance, the employee may take the complaint to the Township Committee. This must be done in writing in the following manner.
a. 
The employee will prepare the grievance in writing stating the situation as completely and as clearly as possible.
One copy should be delivered to the Business Administrator and, if applicable, the Department Head.
One copy to each Township Committee member.
b. 
Within three working days after receipt of the written complaint, the Department Head and/or Business Administrator shall make a written report of all circumstances relating to the making of the complaint, including recommendations for disposing of the grievance, and shall forward such report to the Township Committee.
c. 
The Township Committee will then consider the complaint and formally act on the matter within 30 days of its receipt.
d. 
A grievant should institute action within 10 calendar days after the event giving rise to the grievance. Failure of an employee to pursue a grievance within the prescribed time shall be deemed to constitute an abandonment of the grievance.
e. 
It is intended that as far as practicable all grievance should be settled without reference to the Township Committee.
f. 
All papers and documents relating to a grievance and the disposition thereof by the Administrator or Township Committee shall be placed in the employee's personnel file.