[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.