[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:
[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.
[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:
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.
[Prior § 10-21, Ethics Board, was repealed 6-12-2023 by Ord. No. 23-1526[1]. Prior history includes Ord. No. 820 § 6; Ord. No. 08-1283.]
[1]
Editor's Note: The Borough of Milltown hereby transfers the
responsibility for governance and guidance of the conduct of local
government officers and employees regarding violations of the Local
Government Ethics Law, N.J.S.A. 40A:9-22.1, et seq., to the State
of New Jersey, Department of Community Affairs, Division of Local
Government Services, Local Finance Board.
[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:
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.
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.
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.
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.
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.
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.
Shall mean any drug that can be dispensed without orders
from a physician.
Shall mean a drug prescribed by a licensed physician for
medical use by the person whose name appears on the prescription.
For purposes of this policy shall be considered either a
drug or alcohol.
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:
[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]
[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.
