Borough of Milltown, NJ
Middlesex County
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Table of Contents
Table of Contents
Editor's Note: For Length of Service Awards Program for Volunteer Fire Department and Rescue Squad, see Chapter 2, Section 2-87; for Police Department personnel policies, see Chapter 6, Section 11-10. See Chapter 2 for regulations concerning political contributions.
[1984 Code § 28-1]
a. 
The Borough Council may, by ordinance, abolish, increase, decrease or modify the terms and compensation of any office of the Borough, except that the Borough Council may not abolish or alter the terms of an office that has been or is created by general law.
b. 
Except where an office is abolished, no decrease or modification of its terms and compensation shall affect any incumbent holding such office for the duration of the term for which he was appointed.
[1984 Code § 28-2]
All employees, officers and department heads of the Borough shall be appointed and promoted by the Mayor, with the advice and consent of the Borough Council, except as may be otherwise provided.
[1984 Code § 28-3]
Original appointments to fill vacancies or for new positions shall be limited to qualified persons who have been interviewed or tested concerning such factors as education, experience, aptitude, knowledge, character and physical and mental fitness.
[1984 Code § 28-4]
a. 
Applicants for Borough employment shall apply on forms provided by the Borough Clerk and which have been designed to obtain pertinent information concerning the applicant's education, training, experience, character and other factors necessary to determine his fitness and qualification for service to the Borough.
b. 
All applications shall be filed with the Borough Clerk.
c. 
The Borough Clerk shall be charged with processing all applications for appointment to vacancies or new positions and reporting thereon to the Borough Council. Where it appears that an applicant is otherwise qualified for Borough employment, the Borough Clerk shall require that the applicant furnish evidence that he is physically fit for the position for which he seeks employment.
[1984 Code § 28-5]
An applicant for Borough employment may be rejected where he/she:
a. 
Is not qualified for appointment to the position for which he has applied.
b. 
Is physically unfit for perform the duties of the position for which he has applied.
c. 
Is addicted to the habitual or excessive use of drugs or intoxicants.
d. 
Has been convicted of any crime or offense, including disorderly persons offenses, involving moral turpitude.
e. 
Has received other than an honorable discharge from the Armed Services of the United States.
f. 
Has been dismissed from previous employment for delinquency, insubordination or misconduct.
g. 
Has practiced or attempted to practice any deception or fraud in his/her application or in furnishing other evidence of eligibility for appointment.
h. 
Is not within age limits that have been established for the position for which he seeks employment.
[1984 Code § 28-6]
The Borough Clerk shall maintain a personnel file for each employee of the Borough, and all records of such employee concerning qualification, permanent status, work history, accumulated vacation and sick leave and other leave time and the like shall be maintained for such employee in such file. The Borough Clerk shall make such files available for inspection by the employee on a reasonable basis.
[1984 Code § 28-7]
Before certifying any appointment or promotion or step increment of any office or employee, the certifying officer shall obtain the approval of the appointing authority.
[1984 Code § 28-8]
The official office hours of the Borough are 9:00 a.m. to 5:00 p.m. prevailing time, Monday through Friday and Saturdays 9:00 a.m. to 12:00 noon, except July and August. The hours of work for employees, including lunch hours, shall be specified by the Borough Council.
[1984 Code § 28-9]
a. 
Due to the emergency nature of the work of the Police Department, the provisions of this subsection shall not be applicable to members of the Police Department, but such members may be granted compensatory time when required to work on holidays.
b. 
The following official holidays with pay shall be observed by the Borough: New Year's Day; Lincoln's Birthday; Washington's Birthday; Good Friday; Memorial Day; Independence Day; Labor Day; Columbus Day; General Election Day; Veterans Day; Thanksgiving Day; Christmas Day.
c. 
If a holiday falls on a Sunday, it shall be observed on the following Monday, and if a holiday falls on a Saturday, it shall be observed on the preceding Friday.
[1984 Code § 28-10]
In the event that an official holiday is observed during an employee's vacation, he shall be entitled to an additional vacation day, and should an official holiday occur while an employee is on sick leave, he shall not have that holiday charged against his sick leave.
[1984 Code § 28-11]
a. 
Vacations shall be as follows:
Years of Service
Amount of Vacation Leave
(working days)
First Calendar year
1 for each month worked
Up to 10
12 in each calendar year
10 to 20
15 in each calendar year
20 to 25
20 in each calendar year
25 and over
25 in each calendar year
b. 
All vacations shall be taken during the current year, and vacation time shall not be accumulated, except that where a request for vacation has been denied, vacation time may be accumulated for one additional year. Insofar as possible, vacations shall be scheduled between July 1 and December 31. All vacation periods shall be approved by the department head.
[1984 Code § 28-12]
a. 
As used in this section, "sick leave" shall mean paid leave that may be granted to an employee who, through sickness or injury, becomes incapacitated to a degree that makes it impossible for him to perform the duties of his position or who is quarantined by a physician because he has been exposed to a contagious disease. Part-time and fulltime temporary employees are not eligible for sick leave.
b. 
A certificate from the employee's doctor may be required as sufficient proof of the need for sick leave.
c. 
Sick leave shall accumulate on the basis of 15 days per year, except that, in the first year of employment, an employee shall be entitled to one day of sick leave for each month of employment. Sick leave may be accumulated from year to year.
d. 
Accumulated sick leave may be used by an employee for personal illness, illness in his immediate family which requires his attendance upon the ill person, quarantine restrictions, pregnancy or disabling injuries. For the purpose of this subsection, "immediate family" shall mean a spouse, child, parent or unmarried brother or sister.
e. 
All regular permanent Borough employees, including full-time members of the Police Department, are eligible for sick leave. Part-time employees and full-time temporary employees are not eligible for sick leave. Any eligible person presently a Borough employee shall be entitled, in addition to the sick leave set forth herein, to all sick leave accumulated to June 14, 1971, except full-time employees of the Police Department, who shall be entitled to 15 days' sick leave in addition to the sick leave accumulated after January 1, 1971.
[1984 Code § 28-13]
a. 
When a Borough employee is injured in the line of duty, the Borough Council may, pursuant to N.J.S.A. 40:11-8, pass a resolution giving the employee up to one year's leave of absence with pay. When such action is taken, the employee shall not be charged any sick leave time for time lost to such injury.
b. 
Prior to the passage of the resolution referred to in paragraph a., a contract shall be executed between the employee and the Borough setting forth that the employee shall reimburse the Borough for moneys he may receive as Workmen's Compensation, temporary benefits or from legal settlement or judgment against the person or persons responsible for the injury.
[1984 Code § 28-14]
Leave with pay not exceeding three days may be granted to an employee in the event of death in his immediate family. The term "immediate family," for the purpose of this section, shall include:
a. 
The employee's spouse, child, parent, brother or sister.
b. 
The child, parent, brother or sister of his spouse.
c. 
A relative living under the same roof.
[1984 Code § 28-15]
Full-time employees shall not accept outside employment or engage in outside business activities without the prior approval of their department head or the Borough Council. No application for permission to accept outside employment shall be granted unless there is reasonable probability that such outside employment will not interfere with the employee's performance or compromise his position with the Borough through a conflict of interest or if such outside employment shall exceed 20 hours per week.
[1984 Code § 28-16]
An employee who has acquired permanent status may be disciplined by any of the following actions, which are stated in order of severity, for the causes stated in this chapter, by a department head or the Borough Council, except that no employee shall be suspended for more than five days or dismissed without the approval of the appointing authority.
a. 
Informal, verbal reproof.
b. 
Written reproof.
c. 
Suspension from duty.
d. 
Dismissal.
[1984 Code § 28-17]
The causes for which disciplinary action may be invoked are the following:
a. 
Neglect of duty.
b. 
Absence without leave or failure to report after authorized leave has expired or after such leave has been disapproved or revoked; provided, however, that any regular member or officer of the Police Department who shall be absent from duty without just cause for a term of five days continuously and without leave of absence shall, at the expiration of such five days, cease to be a member of the Police Department as provided by N.J.S.A. 40A:14-122, as amended.
c. 
Incompetency or inefficiency or incapacity due to mental or physical disability.
d. 
Insubordination or serious breach of discipline.
e. 
Intoxication while on duty.
f. 
Commission of a criminal act.
g. 
Disobedience of a rule or regulation of the Borough.
h. 
Conduct unbecoming a public employee.
[1984 Code § 28-18]
Any employee disciplined under the provisions of this chapter shall, upon request, be granted a hearing. A reasonable opportunity for such hearing shall be granted before the imposition of disciplinary action, except that an employee may be summarily suspended if it is deemed that the circumstances so warrant. In such case if, after the hearing, it appears that the suspension was not proper, the Borough Council may order reinstatement with pay.
[1984 Code § 28-19]
It is hereby declared to be the policy of the Borough to recognize and encourage meritorious actions on the part of its officers and employees. To this end, letters of commendation concerning Borough employees from their superiors and from members of the public with whom they deal shall be directed to the attention of the Mayor and Borough Council and then recorded in the employee's personnel file. In addition, the Mayor and Council may, of its own motion, commend the work of particular officers and employees and cause such commendation to be inserted in their personnel files.
[1984 Code § 28-20]
Every officer or employee of the Borough who, by virtue of his office or position, is entrusted with the receipt, custody or expenditure of public moneys or funds and any other officer or employee who may be required so to do by the Mayor and Borough Council shall, before entering upon the duties of his office or position, executive and delivery a surety bond in such amount as may be fixed by the Mayor and Council, binding him to the Borough in its corporate name and conditioned upon the true and faithful performance of his duty.
[1984 Code § 28-21]
Each officer or employee required by law to give a bond shall execute such bond with sufficient surety and deliver the same to the Borough Clerk, except that the Clerk shall deliver his bond to the Borough Treasurer before he enters upon the discharge of his duties of the office or employment.
[1984 Code § 28-22]
If any officer or employee shall neglect to execute and deliver his bond as herein required within 30 days after due notification of his election or appointment, his office or position may be declared vacant.
[1984 Code § 28-23]
In every case in which any person is required by the laws of the State or by any ordinance of the Borough to give a bond for the faithful performance of his duties, such bond shall be secured by a corporate surety authorized to do business in the State, and the premium therefor shall be paid by the Borough. Each such bond shall be approved by the Borough Attorney as to form and sufficiency, and nothing in this section shall be construed to prevent the use of one or more blanket bonds when so approved.
[1984 Code § 28-24]
At the general election held in November 1953, there was submitted to the voters of the Borough the question of whether or nor the Borough should adopt the provisions of the Civil Service Act of the State of New Jersey, and adoption thereof was duly approved and authorized by a majority of the voters of the Borough at this election. Immediately thereafter the Civil Service Commission of the State of New Jersey made a survey of all Borough officers and employees, covering the duties, salaries and respective departments of such employees. Following this survey the Civil Service Commission submitted to the Mayor and Borough Council three separate and distinct schedules, as follows:
a. 
Schedule 1. A complete list of the employees of the Borough, giving a suggested title for each employee, the salary of the same and the department to which such employee is assigned.
b. 
Schedule 2. A duties classification of the employees, setting forth the suggested titles to be used for the employees of the Borough, their respective duties, typical tasks, minimum qualifications for the purpose of examination and suggested salary schedules.
c. 
Schedule 3. Recommended rules for the installation and administration of civil service procedures in and for the Borough.
[1984 Code § 28-25]
The schedules heretofore referred to and recommended to the Borough for adoption by the Civil Service Commission of the State of New Jersey, consisting of the following, are hereby made a part of this chapter in their entirety, the same as though specifically set forth herein: (Schedules may be found in the Borough offices.)
a. 
Schedule 1: consisting of a schedule of catalogued lists of the present employees of the Borough, together with the title of each such employee, the salary paid and the date of election or appointment.
b. 
Schedule 2: being a schedule of all positions in the Borough and containing under such positions the duties, typical tasks, minimum qualifications, probable line of promotion and salary range for each such position be and the same is hereby adopted by this body as the official civil service classification of positions and employees in and for the Borough of Milltown.
c. 
Schedule 3: recommended rules for the installation and administration of civil service procedures in and for the Borough.
[Ord. No. 988]
Except as is otherwise provided by law or provided herein, all officers and employees appointed to positions of employment for the Borough shall be bona fide residents of the Borough of Milltown. A bona fide resident for the purpose of this section is a person having a permanent domicile within the Borough and one which has not been adopted with the intention of again taking up or claiming a previous residence acquired outside of the Borough.
[Ord. No. 988]
Unless otherwise provided by law, all applicants for positions and employment shall be bona fide residents of the Borough of Milltown, after the effective date of this section, subject to the exceptions of N.J.S.A. 40A:9-1.4.
[Ord. No. 988]
a. 
Whenever the Governing Body shall by resolution determine that there cannot be recruited a sufficient number of qualified residents for available specific positions or employments, the Borough officials or the Department of Personnel, as the case may be, shall advertise for other qualified applicants who shall be classified as follows:
1. 
Other residents of Middlesex County.
2. 
Other residents of counties contiguous of Middlesex County.
3. 
Other residents of the State.
4. 
All other applicants.
b. 
The Borough shall first appoint all those in class (1) and then those in each succeeding class in the order above listed after all qualified applicants in the preceding class or classes have been appointed or have declined an offer to appointment.
[Ord. No. 988]
This section is not applicable to officers and employees of the Borough holding their positions prior to the date of this section insofar as requiring that any such officer or employee become a resident of the Borough of Milltown.
[Ord. No. 988]
Whenever the Borough Council shall determine by resolution that there are certain specific positions or employments requiring special talents or skills which are necessary for the operations of the Borough and which are not likely to be found among the residents of the Borough, such positions or employments so determined shall be filled without reference to residency.
Any such resolution shall set forth in detail the reasons upon which such a determination is made.
[Ord. No. 988]
When promotions are based on merit as determined by suitable promotion tests or other objective criteria, officers and employees who are bona fide residents shall be given preference over a nonresident in any instance when all measurable criteria are equal. The preference granted by this section shall in no way diminish, reduce or affect the preference granted pursuant to any other provision of law.
[Ord. No. 988]
Any requirements concerning eligibility, appointment or promotion contained in this section shall be subject to any order issued by any court, or by any State or Federal agency pursuant to law, with respect to a requirement of action to eliminate discrimination in employment based upon race, creed, color, national origin, ancestry, marital status or sex.
[Ord. No. 01-1093; Ord. No. 03-1139]
a. 
Any active employee of the Borough, except members of the Milltown Police Department, who have worked in a full-time capacity for 25 years or longer shall be entitled to health benefits upon retirement equal to benefits offered to employees actively employed by the Borough of Milltown.
b. 
Coverage shall also be offered to those individuals who are now retired from the Borough of Milltown, except members of the Milltown Police Department, who had worked on a full-time basis for 25 years or more and remained enrolled in the State Health Benefit Program.
c. 
Coverage shall be health insurance only and shall not include prescription, dental or optical coverage.
d. 
Coverage shall only be offered to the employee and shall not cover the employee's family.
e. 
Coverage shall be effective 60 days after this section becomes effective, or upon admission to the appropriate health insurance plan, whichever comes later.
[Ord. No. 02-1135; Ord. No. 03-1139]
Any School Traffic Guard who was hired prior to January 1, 1996, who worked in this position for 25 years or longer shall be entitled to health benefits upon retirement equal to the benefits offered to employees actively employed by the Borough of Milltown. Coverage shall also be offered to those school traffic guards who are now retired from the Borough of Milltown and worked on a part-time basis for 25 years or more and remained enrolled in the State Health Benefit Program. Coverage shall be for health insurance only and shall not include prescription, dental or optical coverage. Coverage shall only be offered to the employee and shall not cover the employee's family. The Borough shall be obligated to pay only 50% of the premium cost for health insurance. Coverage shall be effective 60 days after this section becomes effective, or upon admission to the appropriate health insurance plan, whichever comes later.
[Ord. No. 820 § 2]
In accordance with the provisions of N.J.S.A. 40A:9-22.1 et seq. ("Local Government Ethics Law"), there is hereby established a Municipal Ethics Board of the Borough of Milltown. The Board of Ethics shall consist of six members who shall be residents of the Borough, at least two of whom shall be public members. The members of the Ethics Board shall be appointed by the Borough Council and shall be chosen by virtue of their known and consistent reputation for integrity and their knowledge of local government affairs. No more than three members of the Ethics Board shall be of the same political party.
[Ord. No. 820 § 3]
The members shall serve for a term of five years; except that of the members initially appointed, two of the public members shall be appointed to serve for a term of five years, one member shall be appointed to serve for a term of four years, and the remaining members shall be appointed to serve for a term of three years. Each member shall serve until his successor has been appointed and qualified. Any vacancy occurring in the membership of the Ethics Board shall be filled in the same manner as the original appointment for the unexpired term.
[Ord. No. 820 § 4]
The members of the Ethics Board shall serve without compensation but shall be reimbursed by the Borough for necessary expenses incurred in the performance of their duties under the Act.
[Ord. No. 820 § 5]
The members of the Municipal Ethics Board shall annually elect a Chairperson from among the membership.
[Ord. No. 820 § 6; Ord. No. 08-1283]
All necessary expenses incurred by the Municipal Ethics Board and its members shall be paid, upon certification of the Chairperson, by the Chief Financial Officer within the limit of funds appropriated by the Borough Council by annual or emergency appropriations for those purposes.
[Ord. No. 820 § 7]
The Municipal Ethics Board may appoint employees, including independent counsel, and clerical staff as are necessary to carry out the provisions of law within the limits of funds appropriated by the Borough Council for such purposes.
[Ord. No. 820 § 8]
The Municipal Ethics Board shall have the following powers:
a. 
To initiate, receive, hear and review complaints and hold hearings with regard to possible violations of the Municipal Code of Ethics[1] or financial disclosure requirements of local government officers or employees serving the municipality;
[1]
Editor's Note: For Municipal Code of Ethics see Chapter 2, Article VIII.
b. 
To issue subpoenas for the production of documents and the attendance of witnesses with respect to its investigation of any complaint or to the holder of a hearing;
c. 
To forward to the County Prosecutor or the Attorney General or other governmental body any information concerning violations of the Municipal Code of Ethics or financial disclosure requirements by local government officers or employees serving the municipality which may become the subject of criminal prosecution or which may warrant the institution of other legal proceedings by the Attorney General;
d. 
To render advisory opinions to local government officers or employees serving the municipality as to whether a given set of facts and circumstances would constitute a violation of any provisions of the Municipal Code of Ethics or financial disclosure requirements;
e. 
To enforce the provisions of the Municipal Code of Ethics and financial disclosure requirements with regard to local government officers or employees serving the municipality and to impose penalties for the violation thereof as are authorized by the Local Government Ethics Law;[2] and
[2]
Editor's Note: N.J.S.A. 40A:9-22.1 et seq.
f. 
To adopt rules and regulations and to do other things as are necessary to implement the purposes of the Local Government Ethics Law.[3]
[3]
Editor's Note: N.J.S.A. 40A:9-22.1 et seq.
[Ord. No. 820 § 9]
A local government officer or employee serving the municipality may request and obtain from the Municipal Ethics Board an advisory opinion as to whether any proposed activity or conduct would in its opinion constitute a violation of the Municipal Code of Ethics or any financial disclosure requirements. Advisory opinions of the Municipal Ethics Board shall not be made public, except when the Ethics Board, by the vote of 2/3 of all of its members, directs that the opinion be made public. Public advisory opinions shall not disclose the name of the local government officer or employee unless the Ethics Board, in directing that the opinion be made public, so determines.
[Ord. No. 820 § 10]
The Municipal Ethics Board, upon receipt of a signed written complaint by any person alleging that the conduct of any local government officer or employee serving the municipality is in conflict with the Municipal Code of Ethics or financial disclosure requirements, shall acknowledge receipt of the complaint within 30 days of receipt and initiate an investigation concerning the facts and circumstances set forth in the complaint. The Ethics Board shall make a determination as to whether the complaint is within its jurisdiction or frivolous or without any reasonable factual basis. If the Ethics Board shall conclude that the complaint is outside its jurisdiction, frivolous or without basis, it shall reduce that conclusion to writing and shall transmit a copy thereof to the complainant and to the local government officer or employee against whom the complaint was filed. Otherwise the Ethics Board shall notify the local government officer or employee against whom the complaint was filed of the nature of the complaint and the facts and circumstances set forth therein. The officer or employee shall have the opportunity to present the Ethics Board with any statement or information concerning the complaint which he wishes. Thereafter, if the Ethics Board determines that a reasonable doubt exists as to whether the local government officer or employee is in conflict with the Municipal Code of Ethics or any financial disclosure requirements, the Board shall conduct a hearing in the manner prescribed by law, concerning the possible violation and any other facts and circumstances which may have come to the attention of the Board with respect to the conduct of the local government officer or employee. The Ethics Board shall render a decision as to whether the conduct of the officer or employee is in conflict with the Municipal Code of Ethics or any financial disclosure requirements. This decision shall be made by no less than 2/3 of all members of the Ethics Board.
If the Ethics Board determines that the officer or employee is in conflict with the Code of Ethics or any financial disclosure requirements, it may impose any penalties which it believes appropriate within the limitations of N.J.S.A. 40A:9-22.1 et seq. A final decision of the Ethics Board may be appealed to the Local Finance Board within 30 days of the decision.
[Ord. No. 820 § 11]
All statements, complaints, requests or other written materials filed pursuant to this section, and any rulings, opinions, judgments, transcripts or other official papers prepared pursuant to this section shall be preserved for a period of at least five years from the date of filing or preparation, as the case may be.
[Ord. No. 03-1147 § 1]
This policy shall apply to all departments and employees of the Borough of Milltown.
a. 
The purpose of this policy is to provide for a safe drug free workplace for all Borough employees.
b. 
The Borough also recognizes that alcoholism and drug addiction are diagnosable and treatable illnesses. This policy also serves to outline the procedures to be used in dealing with employees under the influence of these substances.
c. 
Employees required to have Commercial Drivers Licenses ("CDL") or whose work falls within a safety sensitive function shall be governed by the Borough policy on drug and alcohol use by CDL employees when performing a safety sensitive function except when other vehicle operation or non-safety sensitive employee conduct is specifically addressed herein.
[Ord. No. 03-1147 § 2]
a. 
Reasonable suspicion that an employee is using or under the influence of, or impaired by, a drug (including alcohol) may be based upon, among other things:
1. 
Observable phenomena, such as direct observation of drug use, misuse and/or the physical symptoms of being under the influence of a drug; i.e. slurred speech, dilated pupils, staggering, swaying, excessive sweating, irritability;
2. 
A pattern of abnormal conduct or erratic behavior; or the inability or significantly diminished ability to perform one or more essential work functions;
3. 
Arrest or conviction for a drug related offense; or the identification of an employee as the focus of a criminal investigation into illegal drug possession, use, distribution or trafficking;
4. 
Information provided from a reliable and credible source that is corroborated.
[Ord. No. 03-1147 § 2]
As used in this section:
CONVICTION
Shall mean a finding of guilt, including a plea of nolo contendre or imposition of a sentence or both by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.
DRUG
Shall mean a controlled substance as contained in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812) and as listed in Schedules I through V of the New Jersey Controlled Dangerous Substances Act (N.J.S.A. 24:21-1 et seq.) but does not include tobacco, tobacco products or distilled spirits, wine or malt beverages, as defined in N.J.S.A. 33:1-1 et seq.
DRUG AND SUBSTANCE
Shall mean anything which when taken into the body impairs one's ability to function as they normally would while drug-free. In this policy, the terms Drug and Substance include alcohol, any illegal controlled dangerous substance under N.J.S.A. 24:21-1 et seq., and 21 U.S.C. 812, and any legal substance obtained by prescription, over-the-counter or otherwise, whose intake/misuse impairs the individual's work performance.
DRUG TEST
Shall mean a test to determine the presence of a substance or substances in the body of an employee. For alcohol, it is a breathalyzer test. For drugs, it is a urine sample analysis, currently limited to analysis using Gas Chromatography/Mass Spectrometry (GC/MS). Lab tests shall be administered through a laboratory and use proven methodology.
EMPLOYEE
Shall mean all employees who are employed by the Borough of Milltown and any department, division, agency and/or office thereof, whether full or part-time, and whether in the career or unclassified services.
IMPAIRMENT
Shall mean and refer to conduct or behavior on the job of any employee who is under the influence of a drug or alcohol which renders them unable to perform one or more essential functions of their job or which puts the employee, his/her fellow employee or the public at large at risk of bodily harm or property damage. The supervisor shall identify the behavior itself and objective observable manifestations perceived to be relevant to that behavior and impairment.
OVER THE COUNTER DRUG
Shall mean any drug that can be dispensed without orders from a physician.
PRESCRIPTION DRUG
Shall mean a drug prescribed by a licensed physician for medical use by the person whose name appears on the prescription.
SUBSTANCE
For purposes of this policy shall be considered either a drug or alcohol.
WORKPLACE
Shall mean the physical area of operations of a department, division or agency, whether owned or leased by the Borough of Milltown, including buildings, grounds and parking facilities in connection therewith. It includes any field location or site at which any employee performs or is authorized to perform work activity and includes any travel between such sites.
[Ord. No. 03-1147 § 3]
a. 
It is the policy of the Borough to ban the possession, use or distribution of all illegal drugs, drug paraphernalia and the use or purchase of alcohol in the workplace or during work hours. It is the Borough's policy to prohibit any employee from participating or arranging for sale, distribution or purchase of unlawful drugs, or alcohol or using unlawful drugs, abusing drugs or alcohol, being under the influence or impaired by an unlawful drug or alcohol product either upon reporting to work or at any time during work hours. This prohibition does not extend to the proper, personal use of prescription, or legitimate over the counter drugs such as aspirin or cold remedies, to the extent that they do not impair the employee's performance of work duties.
b. 
The unlawful manufacture, distribution, dispensation, possession and/or use of a controlled substance, as hereinafter defined, in the workplace shall be prohibited.
c. 
In addition to any other civil or criminal penalty which is applicable, any employee who is convicted of the illegal manufacture, distribution, dispensation, possession or use of an illegal drug in the workplace shall be subject to the following actions:
1. 
The forfeiture of his or her public office or employment in accordance with the Forfeiture of Public Office Statute (N.J.S.A. 2C:51-2).
2. 
In those situations where the conviction for a drug offense occurring in the workplace does not merit the statutory forfeiture of public office or employment, the employee shall be subject to disciplinary action, the severity of which shall be determined on a case by case basis, and which shall be processed in accordance with N.J.S.A. Title 11A and N.J.A.C. 4A:2-1 et seq. In the case of any disciplinary action less than removal from or forfeiture of employment, an employee shall be required to satisfactorily participate in and complete an approved drug abuse treatment or assistance program.
d. 
Any employee who is convicted of a drug offense committed in the workplace must, within five days, report the conviction to the Borough Administrator.
e. 
The Borough Administrator or his designee upon receipt of a notice of a drug offense conviction shall, within 30 days of receipt of this notice, take all necessary actions for removal where statutory forfeiture is required, or in those situations not requiring statutory forfeiture, take the requisite disciplinary action and require satisfactory participation in an approved drug treatment or assistance program.
f. 
Within 10 days of receipt of notice of a conviction for a drug offense committed in the workplace, the Borough Administrator or his or her designee shall notify the Department of Personnel and any Federal agency providing funds for a program in which the employee is employed.
g. 
The Department of Personnel shall maintain records for each employee who is convicted of a drug offense committed in the workplace, which records shall contain the following information:
1. 
Date of conviction;
2. 
Disciplinary action taken;
3. 
Whether the employee is employed in a program for which the Borough receives a Federal grant; and
4. 
If appropriate, date that Federal grantor was notified of the conviction.
[Ord. No. 03-1147 § 4]
Employees who are experiencing problems with substance abuse are encouraged to come forward and request help. The Borough will not take disciplinary action for substance abuse against any employee merely because they initiate a request for help. However, acts such as neglect of duty, unbecoming conduct or insubordination, which have occurred, which may be due to drug or alcohol abuse, may still subject the employee to disciplinary action. The Borough may take into consideration mitigating circumstances before any disciplinary action is initiated against any employee who voluntarily seeks help. All information recorded voluntarily will be kept confidential and all these records will be kept separate from the employee's personnel file.
Employees who have a drug abuse/misuse problem and need help can confidentially call with the information Personnel/employee assistance program. This information will not be used to discipline the employee but will result in the employee being offered counseling concerning substance abuse.
Employees are also reminded that the program is available for their use without charge for an initial evaluation. Employees need not wait until they have problems on the job or have been referred there before they use it.
If the program develops or receives from another source a plan that directs the employee to undergo follow up testing, the cost of this testing shall be borne by the employee and/or their insurance to the extent the insurance pays for any of this.
[Ord. No. 03-1147 § 5]
a. 
It is the policy of the Borough to conduct random substance testing on its employees. The identity of any employee who is mandated to submit to a test will be kept confidential.
b. 
Failure or refusal to submit to a test, or to cooperate therewith, or any step in the procedure leading up to a test, when directed to do so by the Department Head or Borough Administrator or his designee may be considered to support a presumption of impairment and may be deemed to be insubordination, which may be grounds for discipline up to and including removal or termination.
c. 
At the time a urinalysis is performed for the Borough, a split sample will be properly tagged and secured for the employee for seven days if the result is "negative" and if the result is "positive" then the specimen is to be kept for at least 90 days so that the employee may request this sample for independent analysis. When an independent analysis is requested by an employee, it shall be made to another Borough approved laboratory selected by the employee. The laboratory which conducted the first test for the Borough will be responsible for transferring the urine sample to the second Borough approved testing facility selected by the employee. This will ensure the security of the sample. All arrangements and costs of this analysis will be assumed by the employee.
[Ord. No. 03-1147 § 6]
When an employee tests positive for drugs or alcohol, a number of factors will be considered in arriving at an appropriate course of action. Factors which may serve to affect discipline are whether or not there are any previous positive test results, previous disciplinary decisions against the employee, the employee's conduct and the employee's willingness to seek help and to follow through a treatment plan.
[Ord. No. 03-1147 § 7]
a. 
The Borough is concerned with drug and alcohol misuse problems which adversely affect the employee's work performance. It must be realized that during non-working hours, drug or alcohol use or misuse may have an adverse impact on the employee's job performance.
b. 
Employees convicted for drug offenses may automatically forfeit their job in accordance with New Jersey Criminal Code 2C:51-2.
c. 
Employees who have their licenses suspended for driving while under the influence of a drug or alcohol and whose job requires them to possess and use a valid driver's license may be terminated for inability to perform their job duties. Employees who have been convicted of a drug charge on the job must under Federal law report same to the employer.
d. 
The use of a Borough vehicle while the employee is under the influence of a drug or alcohol may result in loss of driving privileges of Borough vehicles for not less than six months, in addition to the possibility of disciplinary action up to and including termination.
[Ord. No. 03-1147 § 8]
The Mayor and Council endorse the Omnibus Transportation Employee Testing Act of 1991 and the rules mandated by the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA) and the U.S. Department of Transportation. Borough employees who perform safety-sensitive functions, supervise personnel in safety-sensitive functions, or are required to have the CDL endorsement on their license to perform their job duties, or whom have the CDL endorsement to be considered for snow removal, shall be subject to the mandated alcohol and drug testing procedures as established in the Borough CDL Alcohol and Drug Testing Policy during normal working hours and all over-time situations.
The CDL policy and procedures were developed from the FHWA and U.S. Department of Transportation rules and are incorporated by reference herein. The Personnel Department shall be responsible for the implementation and monitoring of the alcohol and drug testing policy for CDK/Safety Sensitive Personnel. Should anyone wish to review the policy and procedure you may make a request throughout the Department of Personnel.
[Ord. No. 04-1175 § I]
The Borough of Milltown specifically prohibits workplace sexual harassment. Workplace or work related sexual harassment of employees is unlawful and will not be tolerated by the Borough. To achieve our goal of providing a workplace free from sexual harassment, we have included in this policy definitions and examples of conduct, which will not be tolerated and have provided a procedure by which employees who believe they have encountered sexual harassment can formally complain. Because the Borough takes sexual harassment seriously, we will respond promptly to complaints of sexual harassment by conducting an investigation and, where it is determined that such inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose such corrective action as is necessary.
Please note that while this policy sets forth out goals of promoting a workplace that is free of sexual harassment, the policy is not designed or intended to limit our authority to discipline or take remedial action for workplace conduct which we deem unacceptable, regardless of whether that conduct satisfied the definition of sexual harassment.
[Ord. No. 04-1175 § II]
a. 
Sexual harassment is sex-related behavior which affects tangible job benefits or which interferes with an individual's work performance, or which creates an intimidating, hostile or otherwise offensive work environment. Unwelcome sexual advances (either verbal or physical), requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
1. 
Submission to such conduct is either an explicit or implicit term or condition of employment (e.g. promotion, training or overtime assignments, etc.); or
2. 
Submission to or refection of the conduct is used as a basis for making employment decisions; or
3. 
The conduct as the purpose of effect of interfering with an individual's work performance, or creating an intimidating, hostile or offensive work environment.
b. 
Although it is not possible to list all examples of conduct which constitutes sexual harassment, the following are some examples of conduct, which, if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances, including the severity of the conduct and its pervasiveness:
1. 
Unwelcome sexual advances — whether they involve physical touching or not;
2. 
Sexual epithets; jokes, written or oral reference to sexual conduct, gossip regarding one's sex life; comment on an individual's body, comment about an individual's sexual activity, deficiencies, or prowess;
3. 
Displaying sexually suggestive objects, pictures, cartoons;
4. 
Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments of a sexual nature;
5. 
Inquiries into one's sexual experiences; and
6. 
Discussion of one's sexual activities.
c. 
Requests by a supervisor for sexual favors in exchange for actual or promised job benefits such as favorable review, salary increases, promotions, increased benefits, or continued employment also constitutes sexual harassment.
[Ord. No. 04-1175 § III]
a. 
If you believe you have been subjected to or witnessed sexual harassment you must notify the Borough in writing so that the situation can be addressed. All such complaints must be submitted in writing to any one of the following individuals:
1. 
Borough Administrator.
2. 
Borough Clerk.
b. 
These individuals are also available to provide information to you about the Borough's policy on sexual harassment and its complaint process.
[Ord. No. 04-1175 § IV]
Retaliation against an individual who has complained about sexual harassment, and retaliation against individuals for cooperating with an investigation of a sexual harassment complaint, is unlawful and will not be tolerated by the Borough.
[Ord. No. 04-1175 § V]
When the Borough receives a written complaint of sexual harassment, it will promptly conduct an investigation. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. An investigation typically will include a private interview with the person filing the complaint and may include interviews with other witnesses. We will also typically interview the person alleged to have committed sexual harassment. When we have completed our investigation, to the extent appropriate, we will inform the person filing the complaint and the person alleged to have committed the conduct at issue of the results of the investigation.
[Ord. No. 04-1175 § VI]
If it is determined that an employee has engaged in conduct prohibited by this policy, the Borough will take appropriate action which may include disciplinary action up to and including termination.
[Ord. No. 13-1371]
The Mayor and Council of the Borough of Milltown recognize that during certain emergency situations Borough department heads may be required to work hours outside of their normal hours of employment with the Borough. To this end, the Mayor and Council believe that under certain circumstances the payment of monetary compensation for overtime worked to department heads during emergency situations is appropriate.
[Ord. No. 13-1371]
Upon declaration of a state of emergency by the President of the United States; the Governor of the State of New Jersey; and/or the Mayor of the Borough of Milltown, the Borough Council of the Borough of Milltown may by resolution authorize the payment of monetary compensation for overtime worked to any department head who is required to work hours outside of their normal hours of employment to provide services to the Borough of Milltown as a result of the circumstances giving rise to declaration of the state of emergency. The resolution authorizing the payment of monetary compensation for overtime worked by department heads shall specifically identify those department heads entitled to monetary compensation for overtime worked, the date that monetary compensation for overtime worked will commence and date that the payment of monetary compensation for overtime worked will terminate.