Borough of Spring Lake Heights, NJ
Monmouth County
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Table of Contents
Table of Contents
[New]
As used in this chapter:
ANNIVERSARY DATE
Shall mean the yearly occurrence date of an employee's actual start date.
BASE PAY
Shall mean the yearly award of a salary for Regular and Official employees for full service in the position and shall not include over-time or other special remuneration.
FULL TIME
Shall mean an employee whose regular work schedule is 40 hours per week unless otherwise specified by Mayor and Council.
OFFICIAL
Shall mean an employee who is paid an annual salary to fill a position that may be part time, but who holds a specifically designated position.
PART TIME
Shall mean an employee whose work schedule is less than the normal 40 hours per week.
PERSONNEL OFFICER
Shall mean the Borough Administrator unless the position is otherwise specified by Ordinance.
PROBATIONARY
Shall mean a new employee who is required to serve a period of time on a probationary basis prior to being appointed to permanent status.
REGULAR
Shall mean an employee who has been appointed to permanent full-time status by Mayor and Council and is paid on a salary basis.
SALARY
Shall mean the amount of pay as set forth in the Salary Ordinance as being the yearly remuneration for the required performance in a designated position.
SALARY ORDINANCE
Shall be an ordinance adopted annually setting forth the salaries of all Borough employees for the year in which adopted.
SERVICE YEAR
Shall mean the 12 months of continuous employment between an employee's start date and first anniversary or between yearly anniversary dates.
START DATE
Shall mean the date of first continuous employment by the Borough.
TEMPORARY
Shall mean an employee who is hired on a non-permanent basis, whose work schedule is generally less than 40 hours per week, and is paid on a wage basis.
WAGE
Shall mean the amount of money paid an employee, as set forth in the Salary Ordinance, for the performance of work usually on an hourly basis.
[New]
a. 
The personnel policy of the Borough is designed to seek and obtain the most qualified person for each position required to be filled and to provide all employees with the best possible instruction, supervision and working conditions. To achieve those goals the Borough shall:
1. 
Base hiring, promotion and job security on ability, performance, experience, character, integrity, attitude and personality.
2. 
Make the best use of employee skills in order to fill each job by the person most qualified to do so.
3. 
Treat each employee with the justice, respect and consideration due him/her.
4. 
Expect every employee to do the best job of which they are capable; be loyal and conscientious; conduct themselves in a moral and polite manner; and treat everyone with the same respect that he/she would expect to receive from them.
5. 
Pay fair and adequate compensation in money and benefits in return for honest labors and consistently good work from all employees.
6. 
Instill in each employee a feeling of pride and accomplishment in serving and being a part of one of the finest of communities, the Borough of Spring Lake Heights.
[Ord. #2-1966, § 65; Ord. #16-1974; New]
a. 
General.
1. 
Mayor and Council shall formally approve the creation of new positions, approve by Resolution the filling of any created position and insure that there exist adequate budgeted funds to pay the employee.
2. 
The Borough is an Equal Opportunity Employer and shall not engage in any form of discrimination that is illegal by Statute, but reserves the right to expect disclosure of such personal facts that would allow it to maintain proper personnel history and supply employees with proper earned benefits and social understanding.
3. 
The minimum required age for employment shall be 18 years with the exception of temporary summer jobs.
b. 
Applicants and Candidates.
1. 
Applicants for employment shall file an application and short letter in their own handwriting indicating the position applied for and why he/she feels qualified to fill the position and their reason for wanting to work for the Borough.
2. 
Applicants shall be screened by the Personnel Officer and Committee Chairman and records of suitable candidates shall be submitted to Mayor and Council for final action.
3. 
A candidate selected for full-time employment shall file a certificate of the Borough Physician, paid for by the Borough, that he/she is physically able to perform the duties, prior to actual employment. Candidates selected for casual temporary, hourly, part-time positions will not normally be required to have a medical exam.
4. 
Every candidate selected for employment shall undergo the following scrutiny for efficient performance, unless Mayor and Council determines it not necessary, including but not limited to:
(a) 
Psychiatric examination (Police).
(b) 
Driver's license check and/or driving test.
(c) 
Criminal history check.
(d) 
Fingerprinting.
c. 
Probationary Status.
1. 
Every new employee shall serve a minimum probationary period of six months during which his/her services may be terminated without necessity of a hearing. Upon completion of the probationary period, he/she shall be eligible for appointment to regular status only upon recommendation of the department head, the receiving of a favorable evaluation report and formal nomination by the Mayor and confirmation by Council.
2. 
The probationary period for officers in the Police Department shall be 12 months, however, such Probationers are awarded certain provisions of this chapter, upon satisfactory report to Mayor and Council by the Committee Chairman, after serving the first six months of their probationary period. Such provisions awarded Probationary Police do not include any not finally awarded to Regular Police by contract or otherwise.
3. 
Probationary employees shall be evaluated by written "Personnel Evaluation Report" at the end of each six month period, and/or prior to being appointed to Regular status. The report shall be finally submitted to the Committee Chairman who shall make report to Mayor and Council.
[Ord. #2-1966, § 65-2; Ord. #2-1975; New; Ord. No. 05-2012]
a. 
The usual work week for full-time employees shall be 40 hours, accumulated by working eight hours in a regular day, unless directed otherwise by the Mayor and Council; lunch breaks shall not be paid.
b. 
The work week shall usually consist of time worked in a seven day period, normally being accumulated from the start of work time Monday morning until the quit time of work on Friday afternoon.
c. 
For efficient operation of departments and supplying of proper services, the Mayor and Council shall be able to alter the description of an employee's normal 40 hours work week to consist of 40 regularly scheduled hours worked in any consecutive seven day weekly period.
1. 
The Mayor and Council shall also approve of departmental regulations establishing the daily beginning and ending of a normal eight hour work day.
2. 
Supervisors of departments shall establish the scheduling of lunch hours, coffee breaks, rest periods, vacations, personal days, and the like, to insure proper staffing and service.
d. 
Time and attendance records shall be maintained by department heads and they shall notify the personnel officer by noon of each day of any late or absent employees.
e. 
Employees shall be at their assigned posts at the time established by department regulations, unless properly excused. Employees may take a non-paid lunch break of up to one hour per day; however, lunch break periods shall not be counted toward achieving the mandatory 40 work hours required per week.
f. 
All employees working beyond the normal 40 hour work week shall receive overtime pay.
[New; Ord. #4-1991; Ord. #10-2007, § 1]
a. 
Establishment.
1. 
Salaries and wages shall be established by Mayor and Council by Ordinance or Negotiated Contract with those groups so recognized. A Salary Ordinance shall be passed annually after adoption of the yearly Budget, and group contracts may be negotiated for a term as proscribed by applicable Statutes.[1]
[1]
Editor's Note: The Salary Ordinance referred to herein may be found on file in the Office of the Borough Clerk.
2. 
All positions shall be assigned an employment designation.
3. 
All remuneration due an employee, whether from regular wage, overtime wage or special payment shall be paid in one check each payroll period, and shall be a total due the employee from all earned sources during the period, less any mandated agency deductions.
b. 
Annual Step Increments.
1. 
Salaries for regular employees shall be established on a grade basis with a minimum and maximum level for each position. An employee whose salary is below the maximum for the grade shall be awarded annually on the anniversary of his/her service, upon review of a satisfactory "Evaluation Report," a step increment, until the maximum for his/her grade is reached. The annual step increment shall be computed at 25% of the difference between the employee's entry salary in the position and the maximum grade level salary established for the position and such yearly step shall be paid until the employee reaches the grade maximum for the position. Employees hired after January 1, 2007 will be covered by an expanded salary step guide where the minimum salary will be step one and there will be an additional six equal incremental steps to reach the maximum salary.
(a) 
Police, Probationers and any other employees covered by contract shall not receive the separate Annual Step Increase as described above, but said employees may be covered by contract provision.
2. 
Requests for step increases shall be first submitted to the Committee Chairman and Finance Chairman who shall review and approve of the increase.
c. 
Payment Periods.
1. 
All salary and wage compensation will be paid to all officials and employees in biweekly increments at noon on the Friday following the closing date of the two week payroll period.
2. 
If a payday falls on an official Borough Holiday that pay shall be disbursed by noon of the day preceding the holiday.
d. 
Department Head Award.
1. 
The following positions shall be considered Department Heads and shall be given an award annually for said position as specified in the Salary Ordinance:
(a) 
Borough Administrator.
(b) 
Tax Collector.
(c) 
Chief of Police.
(d) 
Superintendent of Public Works.
(e) 
Superintendent of Utilities.
(f) 
Manager - Public Works Department.
(g) 
Licensed Manager or Manager - Utility Department.
(h) 
Court Clerk/Office Aide.
[New]
a. 
Overtime shall be kept to a minimum and only authorized by the Committee Chairman on an individual basis for special and emergency reasons that serve proper operation of the department. The Committee Chairman shall assure that budget funds exist for the payment of all overtime pay.
b. 
Overtime pay shall be computed at the rate of 1 1/2 times an employee's regular hourly rate of pay for all hours worked in excess of 40 in a work week. The nearest 1/2 hour shall be the smallest fraction to be reported for overtime computation.
c. 
Certain full-time supervisory positions named in the schedule below are not entitled to the payment of overtime wages:
1. 
Borough Administrator/Treasurer.
2. 
Borough Clerk.
3. 
Borough Tax Collector.
4. 
Chief of Police.
5. 
Captain of Police.
6. 
Superintendent of Public Works.
7. 
Superintendent of Utilities.
(a) 
Mayor and Council may make changes in the list of positions above or provide for overtime wages in specific situations.
[Ord. #2-1966; § 65-4; Ord. #1-1973; Ord. #2-1975; Ord. #8-1976; Ord. #15-1978; Ord. #6-1979; Ord. #3-1983, § 1; Ord. #3-1984, § 1; Ord. #5-1995, § 1; Ord. #6-2005]
a. 
Sick Leave.
1. 
Full-time employees of the Borough shall be entitled to receive 10 days of sick leave with pay per year. For purposes of this chapter, a full-time employee is defined as one who has been employed as a full-time regular employee as confirmed by Mayor and Council for at least six consecutive months. Employees entitled to receive the 10 days of sick leave under this paragraph shall have same credited to their sick bank, referred to hereafter in subparagraph 5, below, on January 1 of each year. The 10 days credited to the sick bank shall be for the succeeding year. An employee who commences employment between January 1 and July 1 of any given year and works at least six full consecutive months shall receive sick days at the rate of 3/4 day per month commencing with the seventh month of employment and shall continue to receive sick days at this rate until the following January 1 when he shall commence being credited with all 10 days of sick leave for the succeeding year in accordance with this paragraph. Any employee who commences employment after July 1 of a given year shall, commencing with the seventh consecutive month of employment, receive sick days at the rate of 3/4 day per month and shall continue to receive sick pay at this rate until the first January 1 which follows a full year of employment when he shall then commence being credited with all 10 days of sick leave for the succeeding year in accordance with this paragraph.
2. 
Sick leave shall mean paid leave that shall be granted to an employee who through sickness or injury becomes incapacitated to a degree that makes it impossible for the employee to perform the duties of the employee's position or who is quarantined by a physician because the employee has been exposed to a contagious disease.
3. 
All employees shall notify their immediate supervisor, who will in turn notify the Borough Clerk, of any absence by noon of the day taken off, the reason therefor and the estimated length of the absence. Further, any employee injured while working for the Borough shall make an immediate report of such injury to their immediate supervisor, who will in turn notify the Borough Clerk. When absence for "sick leave" exceeds three working days, a supporting statement from the attending physician shall be required, and at least weekly thereafter, attesting that the employee is unable to perform his/her required duties. The Borough shall, at its discretion, require the Borough physician to verify the employee's right to absence. The employee shall be required to seek disability benefit from the State plan if the term of absence exceeds the minimum term required to file.
(a) 
An employee shall in no instance use "sick leave" as a basis to reduce his/her required service time without just reason as outlined above.
(b) 
If an employee claims "sickness due to illness or accident" as described above, and is not so found, the absence from work shall instead be deducted from their other service time credits, such as vacation time or personal days, if available. If said credits are not available, or if in the opinion of the Personnel Officer the absence is an abuse of policy, the employee shall forfeit salary or wage for the period and may be subject to reprimand by Mayor and Council.
4. 
Absence of an employee on account of serious sickness or disability in his/her immediate family which requires the employee to care for the patient may be charged as sick leave with the approval of the Committee Chairman.
5. 
Sick leave, as defined above, can be accumulated without limit and such sick leave credits shall be recorded in the sick leave bank which, effective January 1, 1983, is to be credited and maintained for each full-time regular employee of the Borough. Any such full-time regular employee actually in the employ of the Borough on January 1, 1983 shall be entitled to sick leave credits in accordance with the foregoing sick leave allowance commencing with the seventh month of their initial employment as a full-time Borough employee, as heretofore defined, and except in the case of a new employee who is to receive sick leave credits in accordance with paragraph a above, the bank shall have credited to it the six sick days to which the employee is entitled for the year 1983. All such sick leave banks created on January 1, 1983, shall only reflect a figure for sick leave credits which is the difference between the sick leave actually earned and the sick leave actually used by an employee. An employee's sick leave bank shall at all times have deducted from it any sick leave actually used and no sick leave can be used before it is earned. The Borough Clerk shall periodically, and in no event less than annually, advise all employees of the current status of their sick leave bank.
6. 
No sick leave with pay will be allowed if the employee, when under medical care, does not carry out orders of the attending physician or, if in the opinion of the Borough Physician, the disability or illness is not of sufficient severity to warrant the employee's absence from duty. Any abuse of this section shall be subject to review by Mayor and Council and such abuse shall be subject to a penalty of not less than a three day suspension with a maximum penalty of dismissal.
7. 
Any monies received in replacement for lost compensation from the Borough by an employee from whatever source, including but not limited to workmen's compensation payments while the employee is receiving sick leave pay shall immediately be deposited with and become the property of the Borough. In any such case where the Borough is the recipient of such funds, the employee's sick leave bank shall only have deducted from it the equivalent in days or portion thereof, which is equal to the actual expenditure incurred by the Borough.
8. 
Upon retirement under the Public Employees Retirement System and/or Police and Fire Retirement System, and on condition that the employee advises the Mayor and Council in writing of his intention to retire by the December first preceding the year of retirement, an employee shall be entitled to be reimbursed for 50% of his unused accumulated sick leave as recorded in his sick leave bank based on the rate of pay on the effective retirement date. The employee shall have the option of taking the payment in cash or of taking a fully paid terminal leave for a period equivalent to the amount of the payment.
b. 
Vacation Days.
1. 
Regular vacation time shall be earned for one continuous twelve-month service year and shall be taken within the following twelve-month service year.
2. 
Vacation with pay for working days shall be granted to regular employees in accordance with the following schedule:
(a) 
A full-time probationary employee having six months continuous service from his/her start date shall be entitled to five working days, after being appointed to regular status. The five days may be taken prior to his/her one year anniversary date and shall then be deducted from the 10 days due him/her for the first twelve-month service period. If the employee so wishes he/she may hold the five days and take a full 10 days after his/her first twelve-month service year such as in subparagraph (b) below.
(b) 
Regular employees having completed at least 12 months continuous service by their next anniversary date shall be entitled to 10 days, with the exception noted in (a) above, which shall be taken in the twelve-month service year following that anniversary date.
(c) 
Regular employees having completed at least 48 months continuous service by their next anniversary date shall be entitled to 15 days, which shall be taken in the twelve-month service year following that anniversary date.
(d) 
Regular employees having completed at least 108 months continuous service by their next anniversary date shall be entitled to 20 days, which shall be taken in the twelve-month service year following that anniversary date.
(e) 
Regular employees having completed at least 168 months continuous service by their next anniversary date shall be entitled to 25 days, which shall be taken in the twelve-month service year following that anniversary date.
3. 
Regular employees may begin the first week of vacation prior to 12 continuous months of service only under the exception noted in 16-2.6b,2(a) and (b) above.
4. 
Vacations earned in a prior twelve-month service year shall only be taken in the twelve-month period following the employees applicable anniversary date, unless excepted by Mayor and Council.
5. 
Vacations will be selected on a seniority basis with the employees hiring date and department assignment being the only criteria. When an employee is entitled to a vacation of more than 10 working days, the additional week or weeks may be granted on a consecutive basis only as the needs of the Borough, as determined by the governing body, indicate otherwise.
6. 
If a holiday falls within an employee's vacation period, a holiday allowance of equal time-off with pay will be granted, or if the needs of the Borough, as determined by the Committee Chairman, indicate otherwise, a monetary adjustment equivalent to one day's pay at the employee's straight-time rate shall be made in the pay period of the vacation week in which the holiday occurs.
7. 
Vacations shall not be taken unless notification is given in advance and approval is obtained by the department supervisor so that work schedules will not be upset.
8. 
Vacations may not be exchanged for money by continuing service employees. Employees leaving service are entitled to the vacation they did earn during their previous service year which must be taken prior to their final date of leaving and cessation of earned pay.
9. 
Discharge for due cause shall waive all earned vacation time in the current service year only.
c. 
Personal Days.
1. 
Regular employees shall be granted three personal days per service year for unknown and unusual absence, to be used only upon advance request by the employee and subject to the approval of the department supervisor.
d. 
Death in Family - Time Off.
1. 
Regular employees shall be granted time off with pay for the following requests:
(a) 
Death of spouse, child, step-child or legal ward, parent or step-parent, parent-in-law, grand-parent, grandparent-in-law, sibling.
(b) 
Death of a relative who permanently did reside in the employee's household or a relative or person with whom the employee did make his permanent residence.
2. 
Time off for death in family shall be from date of death to and including the day following the funeral and shall not exceed five working days.
e. 
Leave of Absence.
1. 
A leave of absence without pay may be requested by any employee, who will state the reason in writing and deliver same to the head of each department, who may recommend and present it to the Borough Council. The Borough Council will consider each case on its own merits, without establishing a precedent, and make known its decision at the next Council meeting.
f. 
Holidays.
1. 
The following have been designated as paid holidays for all regular employees:
(a) 
New Year's Day.
(b) 
Martin Luther King Day.
(c) 
Presidents' Day.
(d) 
Good Friday.
(e) 
Memorial Day.
(f) 
Independence Day.
(g) 
Labor Day.
(h) 
Columbus Day.
(i) 
Veterans' Day.
(j) 
Thanksgiving Day.
(k) 
Friday following Thanksgiving Day.
(l) 
Christmas Day.
2. 
When any of these holidays fall on a Saturday, the preceding Friday shall be observed instead, and the holiday allowance shall be prescribed herein.
3. 
When any of these holidays fall on a Sunday, the following Monday shall be observed instead, and the holiday allowance shall be as prescribed herein.
4. 
A holiday may be included as part of an employee's basic workweek at the option of the Committee Chairman. An employee scheduled to work on the holiday may be excused with pay at the option of the Committee Chairman.
5. 
Regular employees working on any of the holidays designated herein shall receive a holiday allowance equivalent to one day's pay at their straight-time rate. This holiday allowance is separate and apart from payment for time worked on the holiday. The holiday allowance payment is to be included in the pay period of the week in which the holiday falls.
6. 
The holiday allowance shall not be paid in the case of a holiday which is traded for another with the express permission of the superintendent of the department.
[New]
a. 
Employees shall be responsible for their work output and performance first to their immediate job supervisor or foreman, then to their departmental superintendent or person designated in charge, then to the Committee Chairman and Co-Chairman, then to the Borough Administrator and then finally to Mayor and Council.
b. 
The Borough Administrator may promulgate regulations for the operation of any department from time to time on advice of Mayor and Council and/or the Committee Chairman, to assure safe efficient use of manpower and equipment and insure proper supplying of services. Said regulations shall become part of the operating rules and procedures of the department and affected employees shall be required to conform at all times.
c. 
Work uniforms, certain specialized equipment and maintenance thereof may be supplied and the regulations pertaining are in the negotiated contracts covering those employees. Employees given said items are required to wear or use them in accordance with departmental and Statute regulations.
d. 
Employees shall not use or allow the use of any Borough vehicle or equipment for any purpose other than for official Borough business and they shall be reasonably responsible for all items in their care. Those violating this provision, or damaging or losing property without reasonable cause, shall be charged for the amount of loss.
e. 
Outside employment shall be permitted only after an employee files a written request to do so, with an explanation of the nature of the employment and all particulars, with the Personnel Officer, and permission is granted by Mayor and Council, in order to insure the employee's ability to primarily serve the Borough in an alert, safe and efficient manner.
f. 
Employees shall have the prime responsibility to properly operate any Borough vehicles in their charge and shall be personally responsible for any traffic citations received while operating same.
[New; Ord. #11-2001, § 1; Ord. #11-2006, § 1]
a. 
Regular full-time employees shall be given coverage under the following benefit programs:
1. 
Longevity Payment Plan.
(a) 
The Longevity Payment Plan shall be awarded to full-time regular employees for years of continuous service computed from their start date. An employee shall qualify annually on the anniversary of his/her employment and the following rates shall be paid:
(1) 
At least five years service: 3% of base pay.
(2) 
At least 10 years service: 6% of base pay.
(3) 
At least 15 years service: 9% of base pay.
(4) 
After the effective date of Ordinance No. 11-2001, adopted October 22, 2001, no newly hired full-time regular employee shall be entitled to receive any employee benefit pertaining to a longevity payment plan.
2. 
Group Medical Plan.
(a) 
Basic Coverage.
(b) 
Major Medical.
(c) 
Rider J Extended Benefits.
(d) 
The above Medical Plan coverage shall be provided for the employee and his family unit as described in the plan policy.
3. 
Dental Plan - family coverage.
4. 
Group Life Insurance Plan — employee only.
5. 
Borough Prescription Plan — family coverage.
6. 
Eye Examination Plan — family coverage.
7. 
Professional Advancement.
(a) 
The Borough shall endeavor to assist employees wishing to further their education and job training for the benefit of the Borough.
(b) 
The Borough shall encourage employees to attend safety, work performance and related training or continuing education courses and seminars which are directly related to their position of employment and shall attempt to arrange for such sessions on a periodic basis.
(c) 
Where possible the Borough shall assist the employee by assuming the cost for certain training and allowing work time for employee attendance.
Department Heads shall approve an employee's request to attend seminars and training courses provided that appropriate budget considerations are made to allow for these expenses. Any seminar or training course requested by an employee that is not included in their respective department's budget must first be approved by the Mayor and Council.
b. 
Benefit provisions awarded Probationary Police do not include any not finally awarded to Regular Police by contract or otherwise, and specifically do not include 16-2.8a,5 above.
c. 
Benefit provisions awarded to Regular Police are covered by contract and specifically include only those negotiated for and enumerated in the contract.
[Ord. #2-1966; § 65-5; New]
a. 
Separation from service may result by voluntary resignation or by termination of service by Mayor and Council.
b. 
Resignation shall be in writing at least two weeks prior to the effective date.
c. 
Termination for cause shall only be after review by Mayor and Council, as outlined in other sections of this chapter or in applicable contract documents on file.
d. 
Employees leaving Borough service shall sign a termination receipt prior to any final payment as evidence that all just claims against the Borough are satisfied.
e. 
Cash payment for unused sick leave shall only be made with respect to subsection 16-2.6a,8 of this chapter.
[Ord. #2-1966; § 65-6; New; Ord. #7-1992, §§ 1, 2; Ord. #11-1992, § 1]
a. 
Retirement Plan.
1. 
Employees shall be enrolled in the Public Employees' Retirement System or Police and Firemen's Retirement System as applicable.
2. 
The requirements of the specific plan involved shall determine whether an employee must be enrolled.
3. 
Employees required to enroll shall pay their mandated portion of the plan contribution by payroll deduction and the Borough shall pay the employer's share.
b. 
Final Retirement from Service.
1. 
Application for retirement shall be in accordance with the regulations of the State plan involved and benefits due the employee are only those awarded by that plan.
2. 
All documents shall be filed with and information received from the Personnel Officer.
3. 
(Reserved)[1]
[1]
Editor's Note: The provisions of former subsection 16-2.10b3 of Chapter 16 shall continue to remain in full force and effect for any Borough employee who is a party to a negotiated labor contract that contains a provision prohibiting the Borough from unilaterally changing working conditions without prior negotiation and for any former Borough employee who is entitled to the benefits of subsection 16-2.10b3 by virtue of a written agreement previously approved by the governing body of the Borough of Spring Lake Heights.
[New]
a. 
For those employees covered by contract, the Grievance Procedure shall be as outlined in the applicable contract.
b. 
Whenever any other employee has a grievance that cannot be solved by his immediate supervisor within 24 hours, to mutual satisfaction, he/she may file a grievance in writing to the Personnel Officer.
1. 
The Personnel Officer shall try to find a mutually satisfactory solution within the following twenty-four-hour period.
2. 
If the grievance remains unresolved, the Personnel Officer shall forward it to Mayor and Council to formally act on the complaint.
[Ord. #2-1966; § 65-7; New]
a. 
Any employee failing to comply with or violating the provisions of this personnel section or any regulations promulgated from it by Mayor and Council shall be subject to an action for dismissal, suspension, or formal reprimand. Any employee so charged may request a hearing, in writing, of the specific charges before Mayor and Council, if the hearing is requested within five days of the action. The employee shall have the option of having the hearing open or closed to the public, and for him/her to be represented by personal counsel, at the expense of the employee.
[Ord. #2-1966; § 65-7; New]
a. 
The Borough Administrator (Personnel Officer) shall maintain an employee record for each employee which shall be kept confidential and the record shall contain all pertinent information and history for the term of the employee's service.
b. 
Mayor and Council shall have the right to add, change, interpret or eliminate personnel policies, rules and practices whenever it appears to be in the Borough's best interest to do so and alterations shall be by amendment to this Code or adopted rules, or by negotiated amendment to work contracts.
c. 
Separated or retiring employees shall turn over to the Personnel Officer any moneys due the Borough, Borough records and documents, Borough owned equipment and any other item due the Borough within five days following separation and prior to any final pay due them is issued.
d. 
Certain departmental employees are covered by negotiated contracts with recognized groups. Said contracts shall take precedence over this chapter if a conflict arises, but only to the extent of the specific conflict.
e. 
Committee Chairmen and/or Mayor and Council may, if necessary for efficient service, order employees to serve, on a temporary basis, in other capacities or departments other than those of primary assignment.
[Ord. #5-1996, § 1]
a. 
It is the policy and one of the highest priorities of the Borough of Spring Lake Heights to provide equal employment opportunity to all members and employees and applicants for employment without regard to race, color, religion, national origin, age or sex. This policy applies to all terms and conditions of employment including, but not limited to, hiring, placement, termination, layoff, recall, transfer, leave of absence, compensation and training.
b. 
In the furtherance of this policy, the Borough of Spring Lake Heights expressly prohibits any form of sexual harassment, which is a form of sexual discrimination. Improper interference with the ability of members and employees to perform their expected job duties will not be tolerated.
c. 
Upon adoption of this policy, a copy will be distributed to all existing employees, all new employees, and shall be included in and be a part of the Personnel Manual for the Borough of Spring Lake Heights.
[Ord. #5-1996, § 1]
SEXUAL HARASSMENT
Is any unwelcome, offensive sexual behavior, either physical or verbal which embarrasses, humiliates, or intimidates co-workers or sub-ordinates and/or superiors.
Pursuant to the definition set forth by the Federal Equal Opportunity Commission (EEOC) sexual harassment shall be defined as follows.
Unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
Submission to such conduct is made explicitly or implicitly a term of employment;
Submission to, or rejection of such conduct by an individual is used as the basis for an employment decision;
And such conduct has the purpose or effect to interfere with an individual's work performance, or creates a hostile or intimidating environment.
[Ord. #5-1996, § 1]
This policy is applicable to all employees and agents of the Borough of Spring Lake Heights.
[Ord. #5-1996, § 1]
It is the responsibility of each supervisor to create an atmosphere free from sexual harassment, to communicate the Borough's policy of nondiscrimination to all subordinates, to promptly investigate complaints and to take corrective action as necessary, and to assist in the investigation of any complaints. It is the responsibility of each member and employee to respect the rights of co-workers. A written determination as to the validity of the complaint and a description of the resolution shall be issued within seven days of the completion of the investigation. The written determination shall be submitted to all interested parties.
[Ord. #5-1996, § 1]
An employee found to have engaged in sexual harassment shall be subject to discipline, including, but not limited to, warning, demotion, suspension, or termination subject to applicable procedural requirements.
[Ord. #5-1996 § 2]
The Borough of Spring Lake Heights is committed to providing a safe work environment and to fostering the well-being of its employees. That commitment is jeopardized when any employee illegally uses drugs on the job, comes to work under the influence, or possesses, distributes or sells drugs in the workplace. Therefore, the Borough of Spring Lake Heights has established a Pre-Employment and For Cause Drug Screening Policy.
a. 
It is a violation of this policy for any employee to possess, sell, trade or offer for sale illegal drugs or otherwise engage in the illegal use of drugs on the job.
b. 
It is a violation of this policy for anyone to report to work under the influence of illegal drugs.
c. 
It is a violation of this policy for anyone to use prescription drugs illegally. (However, nothing in this policy precludes the appropriate use of legally prescribed medications.)
d. 
Violations of this policy are subject to disciplinary action up to and including termination.
It is the responsibility of the Borough of Spring Lake Heights supervisors to counsel employees whenever they see changes in performance or behavior that suggest an employee may have a drug problem. Although it is not the supervisor's job to diagnose personal problems, the supervisor should encourage such employee(s) to seek help and advise them about available resources for getting help, such as the Employee Assistance Program. Everyone shares responsibility for maintaining a safe work environment and co-workers should encourage anyone who may have a drug problem to seek help.
The goal of this policy is to balance respect for individuals with the need to maintain a safe, productive and drug free environment. The intent of this policy is to offer a helping hand to those who need it, while sending a clear message that the illegal use of drugs is incompatible with employment in the Borough of Spring Lake Heights.
The Borough of Spring Lake Heights is instituting a drug free workplace in keeping with its mission statement and commitment in providing a safe, drug free workplace for its employees and residents. In continuation of this commitment, it is the policy of the Borough of Spring Lake Heights to conduct Pre-Employment and For Cause drug screening programs. The possession, use, sale or distribution of alcohol, illegal drugs or paraphernalia associated with drugs in the workplace or while conducting business is strictly prohibited and will not be tolerated, accepted or condoned.
With this mission in mind, job applicants for the Borough of Spring Lake Heights will undergo testing for the presence of illegal drugs as a condition of employment. Any applicant with a confirmed positive test result will be denied employment.
When the Borough has reason to believe that an employee is violating this policy and is under the influence or impaired by drugs or alcohol, the Borough may immediately remove the employee from duty. The Borough may arrange transport to a licensed testing facility. The Borough may require that the employee be screened for alcohol or drugs when it has reason to believe that the employee's use of alcohol or drugs is the cause of poor performance, breaches of security, accidents or insubordination. If an employee refuses to take an alcohol or drug test, in the time required, the refusal of the employee shall be considered in determining the appropriate discipline, including discharge.
An alcohol or drug test will be administered in a medically appropriate manner and will be performed at a licensed facility. In the event the drug/alcohol screen is positive, no action will be taken by the Borough based upon the initial screen unless confirmed by a second test. No confirmatory test will be provided in the event of alcohol impairment. Test results provided to the Borough will be maintained in confidence and will only be disclosed to those persons with a legitimate need to know.
Reporting to work under the influence of alcohol or drugs is strictly prohibited. Employees who violate this policy are subject to disciplinary action up to and including dismissal. The only exception to this policy will be for use of physician- prescribed drugs or over-the-counter medications, provided the Borough is informed in advance of the nature of the prescribed drug or over-the-counter medication and, in the case of prescribed drugs, that a physician certifies that the use of such prescribed drugs will not impair the employee's job performance or endanger other employees.
The Borough of Spring Lake Heights provides an Employee Assistance Program to all its employees and their family members. Spring Lake Heights expresses a caring attitude about its employees and recognizes that most human problems such as marital or family distress, substance abuse, legal problems or other concerns can be treated successfully, particularly when identified early. Early identification, treatment and resolution serves to minimize human costs and the potential of difficulty with job performance. While Spring Lake Heights has no intention of becoming involved in an employee's private life, it is policy to become involved with an endeavor to provide help when an employee requests help for personal problems or offer help when deteriorating job performance and reduced productivity suggest problems outside of the work environment may be contributing to work problems. Therefore, any employee who has a substance abuse problem may seek voluntary assistance.
Any employee who violates this policy, however, will be required, as a condition of continued employment, to participate in an approved rehabilitation program. An employee who violates this policy may voluntarily seek rehabilitation through this program or another approved program. However, the Borough of Spring Lake Heights is under no obligation to offer rehabilitation or to accept an employee's request for rehabilitation. The decision to allow counseling rehabilitation in lieu of termination depends upon the individual facts and circumstances.
Upon completing the rehabilitation program and prior to resuming work, the employee may be required to execute a "last chance" agreement, which can include such terms as reinstatement to active employment, successful completion of the rehabilitation program, periodic drug testing after reinstatement and reviewing the progress of the rehabilitation with his/her treatment counselor. The agreement may also specify other ways in which the employee must improve performance. It will also confirm that the employee agrees that failure to abide by all of its terms will result in immediate termination.
Whether an employee who is in rehabilitation may be permitted to work on a full or part-time basis will be determined on a case-by-case basis.
Violations of this policy may require the Borough of Spring Lake Heights provide notification to other licensing agencies.
[Ord. #5-1996, § 3]
The Borough of Spring Lake Heights has been mandated, by Federal regulation, to implement and maintain a program of substance abuse testing on all employees whose jobs are covered under the Federal Department of Transportation regulation 49 CFR Part 40; specifically, all employees of the Borough of Spring Lake Heights who are required to have a Commercial Drivers License (CDL). This substance abuse testing program consists of the following five categories of drug and alcohol screening (subsections 6-5.1 through 6-5.5). This requirement shall further apply to employees seeking to transfer for the first time from other categories to duties involving the use of a CDL.
Employees randomly selected for testing will report to a medical facility for testing. Employees will be paid for this time. Employees failing to report will be subject to discipline procedures.
[Ord. #5-1996, § 3]
All selected candidates for employment are required to have a post-offer, preemployment physical examination. This physical examination will include a drug test in accordance with the provisions of 49 CFR 382.
a. 
The results of the drug test will be forwarded under separate cover to the designated Manager.
b. 
If the test is positive, the offer of employment will be rescinded.
[Ord. #5-1996, § 3]
All employees who have a CDL will be subject to annual drug and alcohol random screening. Random screens will be done before, during and after providing a safety sensitive function.
a. 
The random screening program will be implemented utilizing laboratories certified by the U.S. Department of Health and Human Services (DHHS).
b. 
Annually 50% of the employees having a CDL will undergo drug testing and 25% of the employees having a CDL will undergo alcohol testing.
c. 
Monthly, but no later than quarterly, a prorated number of employees will be tested. The probation will ensure that the 50% to 25% ratios are conducted over the calendar year.
d. 
All tests will be done using the split test method. A positive result will be automatically confirmed. If the confirming test is positive the results will be provided to the Medical Review Officer who will interview the employee. At this time the employee can request the split test. If the split test is positive, the employee will be interviewed by the MRO.
e. 
If the test is positive and the employee refuses to have the split test, the employee will be interviewed by the Medical Review Officer of the facility conducting the test to determine that the positive test resulted from the unauthorized use of a controlled substance.
f. 
If the MRO determines the positive result was a result of unauthorized drug use, the employee will be referred to a substance abuse professional at the EAP (Employee Assistance Program) for evaluation and the Borough will be informed.
g. 
The employee must comply with any recommended rehabilitation.
h. 
The employee will be allowed to return to work when they have a negative result on a return-to-duty test, and when they are complying or have complied with treatment recommendations.
i. 
Subsequent to returning to work, the employee must submit to six random tests during the following year to monitor the employee's continued abstinence. Another positive result will lead to immediate termination. Additionally, the employee is still part of the random pool and subject to testing. Follow-up testing may be extended up to 60 months following return to duty.
[Ord. #5-1996 § 3]
An employee will undergo testing as soon as possible after an accident (no later than 32 hours for drugs and eight hours for alcohol) in those cases where it is determined that the employee's performance either contributed to the accident or cannot be completely discounted as a contributing factor.
a. 
The determination will be from law enforcement officials by a citation for a moving traffic violation, and/or all accidents involving a fatality regardless of citations issued.
b. 
The employee, if testing is determined, will report as soon as possible to the designated medical facility. Failure to report will result in disciplinary action.
c. 
If the test is positive, the procedure outlined in subsection 16-5.2d will be followed.
[Ord. #5-1996, § 3]
When there is reasonable cause to believe that an employee is using a prohibited drug or alcohol, the employee will be requested to undergo testing.
a. 
Reasonable cause will be presumed when the employee's observed behavior or appearance is characteristic of drug or alcohol misuse.
b. 
The employee's behavior must be observed by at least two of their supervisors. One of the supervisors must be trained in the detection of the possible symptoms of drug and alcohol misuse. (See Appendix A.)[1]
[1]
Editor's Note: Appendix A is included as an attachment to this Chapter.
c. 
When it is determined that an employee needs to be tested, they will report to the designated medical facility. Failure to report will result in disciplinary action.
d. 
If the test is positive, the procedure outlined in subsection 16-5.2d will be followed.
[Ord. #5-1996, § 3]
This will be conducted when an individual who has violated the prohibited alcohol conduct standards returns to performing safety-sensitive duties. Follow-up tests are unannounced and at least six tests must be conducted in the first 12 months after a driver returns to duty. Follow-up testing may be extended for up to 60 months following return to duty.
In addition to the above, drug/alcohol-related behavior will not be tolerated. Drug/alcohol-related behavior can be found in Appendix A below.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this Chapter.