[Adopted 3-17-2020 by Ord. No. 1609-20]
As used in this article, the following terms shall have the
meanings indicated:
Any person employed, elected or appointed to any public office,
board or commission of the Borough of Emerson, whether full- or part-time,
whether or not compensated for the appointed or elected position.
However, said term "employee" shall not include officials, officers
and employees who are appointed, elected or employed by the Emerson
Borough Board of Education but shall include all other boards, commissions
and authorities which are subdivisions of municipal government. It
shall also mean any person employed or retained by the Borough for
any office, commission or board thereof, whether or not said person
services in a paid or unpaid capacity; provided, however, that it
does not include independent contractors employed by the Borough.
Any employee whose work requires or causes either the operation
of a Borough of Emerson vehicle or the operation of a personal vehicle
(i.e., a non-Borough-of-Emerson vehicle) to conduct the business of
the Borough of Emerson.
A.
A vehicle operator must hold a valid New Jersey driver's license.
B.
All new employees who will be assigned work as a vehicle operator
will be required to submit to a review and evaluation of his or her
motor vehicle records (MVR) maintained by the New Jersey Motor Vehicle
Commission as a condition of employment. A report indicating a suspended
or revoked license status currently, or at any other time within the
past seven years, may be cause to deny or terminate employment.
C.
Periodic checks of the status of the drivers' licenses of vehicle
operators through visual and/or formal MVR reviews shall be made by
department heads or division supervisors. Any vehicle operator who
does not hold a valid New Jersey driver's license will not be allowed
to operate a Borough of Emerson vehicle or to conduct the business
of the Borough of Emerson entailing the operation of a personal vehicle
until such time as a valid New Jersey driver's license is obtained,
which shall be obtained within 30 days of the date the Borough becomes
aware of said deficiency, or such later date as may be approved by
the Borough Administrator in writing.
D.
To facilitate the above initial and periodic checks of the status
of driver's licenses, vehicle operators shall provide to the Borough
Administrator a completed and signed "Release and Consent Form [for]
Motor Vehicle Records Check" and a copy of their current New Jersey
driver's license at the time of application for the position and,
thereafter, promptly upon license renewal.
E.
A vehicle operator must immediately notify the immediate supervisor
of the occurrence of any of the following events, whether or not the
event occurred in conjunction with the operation of the vehicle for
personal use or to conduct the business of the Borough: 1) the vehicle
operator's New Jersey driver's license is expired, suspended or revoked;
2) the vehicle operator is involved in an accident that is reportable
to the local Police Department or other law enforcement agency pursuant
to N.J.S.A. 39:4-130; and 3) a conviction for a violation of any provision
of N.J.S.A. 39:4-48 to 39:4-72 (driving under the influence, etc.),
N.J.S.A. 39:4-80 to 39:4-94.2 (moving violations, etc.), or N.J.S.A.
39:4-95 to 39:4-104 (speeding violations, etc.). A vehicle operator
that fails to immediately report such an event is subject to disciplinary
action, including demotion or termination.
F.
A vehicle operator (other than an elected official) who fails to
comply with this driver's license policy will be subject to disciplinary
action, including demotion or termination, and/or administrative leave
without pay. Moreover, if a vehicle operator who is an elected official
fails to comply with this driver's license policy, the governing body
of the Borough and/or an insurance carrier of the Borough (including,
but not limited to, the Joint Insurance Fund), in its discretion,
may refuse to provide the elected official a defense and indemnification,
or reimbursement of defense costs, arising out of or incidental to
a legal proceeding or other action instituted against the elected
official in connection with the operation of a Borough of Emerson
vehicle or the operation of a personal vehicle to conduct the business
of the Borough of Emerson.
G.
Any information obtained by the Borough of Emerson in accordance
with this section shall be used by the Borough of Emerson only for
carrying out its lawful functions and for other lawful purposes in
accordance with the federal Driver's Privacy Protection Act (18 U.S.C.
§ 2721 et seq.).
