[HISTORY: Adopted by the Mayor and Council of the Borough
of Raritan 12-21-2021 by Ord. No. 2021-15.[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 45,
Personnel Policies, adopted 4-25-1978 (Ch. 53 of the 1966 Code), as amended.
This Policy is not a contract for employment.
A.
Table of organization. The Borough Council shall establish or cause
to be established a table of organization that will conform to the
proper administrative lines of authority as defined for the best interest
of Borough business. This manual has been prepared to explain Borough
policies currently in place. The personnel policy manual can be amended
by resolution approved by Borough Council at any time. In cases where
this manual conflicts with the current Bargaining Agreement Contract
with Police or Public Works employees, the current bargaining agreement
contract shall prevail.
B.
Personnel policies and regulations promulgated under subsequent headings
that comprise this chapter shall apply to all Borough employees unless
excluded under separate bargaining agreements.
C.
Public records. With the exception of personal performance evaluations,
personal history, and other confidential materials so designated,
the records of all Borough employees shall be considered public records.
D.
Personnel actions. All personnel actions shall be issued in writing
on such forms as may be prescribed and approved by the Borough Council.
One copy of each such action shall be forwarded to the employee, and
one copy is to be retained in the employee's personnel file.
E.
Employment in the Borough shall be based on merit and fitness, free
of personal and political considerations. The Borough of Raritan is
an equal opportunity employer.
F.
Appointments, promotions, and other personnel actions shall be on
a merit basis.
G.
Qualified Borough personnel shall be given first consideration for
vacancies and promotions.
H.
ADMINISTRATOR/MANAGER
DEPARTMENT HEAD
EXPERIENCE/EDUCATIONAL REQUIREMENT
FULL-TIME EMPLOYEE
JOB DESCRIPTION
LUNCH TIME
OVERTIME
PERMANENT PART-TIME EMPLOYEE
PROBATIONARY PERIOD
REGULAR HOURS OF WORK
SALARY
SEASONAL EMPLOYEE
TEMPORARY EMPLOYEE
Definitions.
Employee who is designated by Borough Council as the Borough
Administrator. The Borough Administrator acts as the immediate supervisor
to all Borough department heads as well as the Manager of all Borough
employees.
Employee who is designated by the Borough Council as responsible
for the operation of a Borough Department.
Minimum qualifications as to experience and/or education
necessary for the position may be set by the Borough Administrator
with the approval of the Borough Council.
A permanent employee appointed to a regular position on a
twelve-month basis who performs at a minimum of 35 hours of normal
duty weekly.
A description of responsibilities and duties for each Borough
position.
Each employee is entitled to a forty-five-minute lunch period.
The time period of the employee's forty-five-minute lunch period
shall be established by the employee's department head.
Eligible, full-time employees who are authorized and required
to work beyond their normal work week shall earn compensatory time
at a rate of one hour for each hour worked beyond their normal work
week. Overtime/compensatory time does not apply to executive or managerial
positions, including department heads.
A permanent employee appointed to a regular position, who
performs 30 hours or less of normal duty weekly. Part-time employees
working less than 35 hours per week on a continuing basis are not
eligible for benefits provided to full-time employees.
Prior to obtaining permanent status, all employees must serve
a probationary period of a minimum of 90 calendar days.
The normal office hours of the Borough are Monday through
Friday as specified by the Borough Administrator with the approval
of Borough Council.
All salaries are set by the Borough Council.
An employee appointed to a temporary position of a seasonal
or emergency nature for a period not to exceed three months.
An employee hired for a period of limited duration not to
exceed 180 consecutive days. Temporary employees are not eligible
at any time for benefits.
A.
Administrative and public works departments. The following procedures
shall be used for candidates making application for Borough positions
in the Administrative and Public Works Departments:
(1)
Hiring requests. All department heads shall maintain for their particular
department a budget and table of organization. It shall be the responsibility
of each department head to maintain his/her staff level by using the
following procedures:
(a)
When position vacancies exist, it shall be the responsibility
of the applicable department head to inform the Administrator of his/her
request to fill the opening. Said notification is to be made in writing.
(b)
The Administrator will make determination if filling the vacancy
is needed. If the Administrator determines filling the vacancy is
needed, the Administrator will request the Chief Finance Officer to
provide, in writing, whether budgeted funds are available for hiring
(salary and benefits, if applicable).
(2)
Recruitment. Whenever a vacancy exists or a new position is established,
all Borough employees who believe that they possess the necessary
qualifications may apply for the position if they so desire. The Administrator
shall be responsible for posting notices of job opportunities within
the Borough of Raritan in a location visible to all employees. A deadline
for filing shall appear on each such notice. Vacancies for full-time
positions shall be advertised on the official Borough website and
may also be posted in the official newspaper(s) of the Borough. Application
forms for employment shall be obtained in the office of the Administrator,
and all Borough employees who wish to change positions shall be required
to complete an application form, which form will be reviewed and screened
both by the department head and the Administrator. At the conclusion
of this review, the Administrator shall schedule personal interviews
with all qualified applicants.
(3)
Interviews. Interviews for new positions or the filling of positions
made vacant through promotion, retirement and/or resignation shall
be completed as follows. Applicants may be interviewed either collectively
or individually by the Administrator and/or the appropriate department
head.
(4)
Reference checks. Following the interviews, the Administrator shall
conduct a reference check of previous employment for those applicants
deemed most suitable for appointment.
(5)
Fingerprint investigation. A fingerprint investigation of applicants
for positions with the Borough of Raritan may be required by the Administrator,
in his judgment, depending upon the job classification involved. The
Administrator may defer to the Chief of Police to determine if said
position should require a fingerprint check.
(6)
Selection. Recommendation by the Administrator and approval of the
Borough Council shall be required before any person is hired for a
position with the Borough of Raritan, and all new employees will be
notified of their selection by telephone, with a confirming letter
or email to follow. All applicants interviewed, but not selected,
will be notified of the outcome of the interview process.
(7)
Orientation. The orientation of new municipal employees shall be
arranged by the Office of the Administrator, whereupon each such employee
shall be informed by his/her immediate supervisor of the various Borough
functions and the relationship of his/her specific job within the
total Borough structure. Said new employee shall receive all appropriate
direction and supervision in the performance of his/her job from his/her
immediate supervisor.
(8)
Probationary period. Probationary periods may be defined by resolution
or union contract; however, if it is not defined by resolution or
union contract, the following shall apply: Every person appointed
to a new position shall be deemed to be on probation in the position
to which such person shall have been appointed for a period of 90
calendar days. Prior to the completion of the probationary period,
such employee shall be evaluated by the department head with recommendations
in a written report to the Borough Administrator. The Administrator
will make final determination recommendation to the Borough Council
to grant or deny permanent appointment. The Borough Council may discharge
such probationary employee for any reason. The Borough shall have
no obligation or responsibility for reemployment of probationary employees
if they are dismissed.
(9)
Dress code. All employees including full-time, part-time, seasonal,
and temporary must dress in a professional manner. "Professional manner"
for women is defined as: Women can wear blouses, button-down shirts,
trousers, khakis, skirts, dresses, blazers and sweaters. Shoes can
include flats, loafers, mules, boots or heels. "Professional manner"
for men is defined as: Men can wear trousers, slacks, khakis, button-down
shirts, polos, or sport coats. Jackets and ties are optional. Shoes
include loafers, lifestyle sneakers (with leather or canvas), oxfords
or boots. Exception to professional manner will only be on Fridays
where casual manner will be permitted. The Borough may allow deviations
for bad weather dress on bad weather days.
(10)
Employee information changes. It is the responsibility of each employee
to notify the Administrator and the payroll office promptly, in writing,
of any changes of vital information including but not limited to:
(a)
All employees: name, address, telephone number, marital status,
change in tax status for tax withholding purposes, and persons to
notify in case of an emergency.
(b)
Employees with pension, life insurance, health and dental benefits:
change in status for dental coverage, change in status for health
care programs, change of beneficiary on pension or life insurance
policies, and any dependent changes.
(c)
Change notification can be accomplished by completing and filing
an Employee Information Change Form with the Administrator and Payroll
Office. The Payroll Office will provide the employee with any additional
forms required to implement any changes and the payroll office will
direct and instruct the employee where to update health and pension
information online.
A.
Pay periods. The Borough shall normally pay its employees on a biweekly
payroll schedule, that is, once in every two weeks or a total of 26
times annually. Each payroll period shall consist of 10 working days,
so that the daily rate of pay of each employee normally shall be 1/260
of his annual salary, for salaried employees. The hourly rate, for
salaried employees, shall be computed by dividing the weekly rate
by the number of hours in the employee's prescribed workweek.
B.
Overtime. Except as otherwise provided by contract, employees may
be compensated for overtime work when such overtime work has been
authorized by his/her department head, with the review and approval
of the Administrator. Overtime compensation shall commence only after
the employee has worked the normal number of hours in any one calendar
workday or after completion of his normally prescribed workweek. Holidays,
vacation days and authorized sick days shall be counted toward the
normal workweek and as consecutive workdays.
C.
Exempt employees. An employee whose position includes managerial
or professional duties, which customarily require service to the Borough
beyond the normal working hours, shall not receive monetary compensation
for the overtime work performed. These positions include, without
limitation, department heads, administrative department heads and
police administrative heads. Exempt employees may be entitled to department
head earned time off provided the following criteria are met:
(1)
Earned time off is for hours worked that are considered hours outside
of the normal position and normal work day hours.
(2)
The earned time off hours were the result of hours worked for a specific
purpose that such purpose was required to be outside of the normal
work day hours and the exempt employee does not receive any stipend
or additional pay for such purpose. Specific purposes would include
court sessions, council meetings, election requirements, and other
Borough Council approved purposes. Specific purposes do not include
Board of Health or Planning Board Meetings where the exempt employee
is paid for such as well as not including hours for exempt employees
working through lunch periods or working additional time before the
start of normal workday hours or at the end of normal workday hours
(except exempt court employees working through lunch and starting
before normal workday hours on court session days).
(3)
Earned time off must be approved by the Administrator prior to the
hours being worked.
(4)
If department head earned time off is approved, such earned time
off must be used within two weeks or the earned time will be forfeited.
(5)
Borough Council must be provided with a monthly report of all department
head earned time off.
(6)
Borough Council reserves the right to remove this department head
earned time off provision at any time.
D.
Nonexempt employees. Nonexempt employees, who are all other regular
full-time employees required to work a normal workweek of at least
35 hours or as dictated by contract, shall be eligible for overtime
compensation as follows:
E.
Compensatory time off. The nonexempt employees covered by Subsection D above shall receive compensatory time off from work for overtime work performed, subject to prior approval and scheduling by the employee's department head, which compensatory time off shall be awarded in amounts equal to the amount of time worked for all overtime work performed over the employee's regular workweek. Comp time earned must be used within two weeks of date earned unless Administrator approval is given to use beyond.
F.
Deductions. All salaried and hourly Borough employees shall be subject
to biweekly payroll deductions as required by law or authorized in
writing by the employee, such as withholding taxes, pension program,
social security, savings bonds, and the like.
G.
Stipend. Unless defined elsewhere in a collective negotiation agreement,
the term stipend shall be defined as a fixed sum of money awarded
by resolution and/or contract to an employee. A stipend shall not
be increased by cost-of-living increases awarded to employees unless
specifically stated in the resolution and/or collective negotiations
agreement.
A.
Workweek. Unless a department or certain jobs within a department
are regularly assigned a greater or lesser number of hours per workweek
in accordance with a contract of employment or established practice,
the normal workweek of the Borough is a five-day, thirty-five-hour
work week, except in case of extraordinary circumstances, as determined
by the department head and approved by the Administrator and/or Borough
Council in writing. Part-time and seasonal employees' workweek
is dictated by the position and department as required. For example,
seasonal recreation employees' workweek may include hours from
Monday through Sunday. The regular administrative workweek is considered
to start Monday and end Friday.
B.
Workday. Department heads shall submit any requests to Administrator
for any staff requiring to temporarily work hours outside of the normal
Borough hours. Any change in the Borough's normal hours (starting
and quitting times) must be approved by Council. Lunch periods must
be coordinated by the department head to ensure the dept is covered
during normal Borough hours. Employees who need to utilize lunch at
the beginning of the workday or the end of the workday for a doctor
appt, an emergency, or other circumstance, must have Administrator
approval.
C.
Attendance records. Accurate and complete daily time and attendance
records shall be maintained by each department or office head, who
shall file a monthly report on time and attendance with the Administrator.
The monthly report must be completed by the department head to the
Administrator the first business day of month for the previous month
that summarizes all hours worked, and not worked, including lateness,
absences, vacation, personal and compensatory time used, for each
employee under them, as well as the department head themselves.
D.
Personal Days. Each full-time Borough employee shall be credited
with three paid personal days in January. For new employees, one
paid personal day is earned for each four months of continuous employment
completed until January: provided, however, that the maximum number
of personal days which may be accumulated shall be three. Personal
leave days shall not accumulate from year to year, and no compensation
shall be paid in lieu of time off for said personal leave days.
E.
Official holidays. Unless otherwise designated by the Borough Council,
holidays to be observed without loss of pay are New Year's Day,
Lincoln's Birthday, Washington's Birthday, Good Friday,
Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans
Day, Election Day, Thanksgiving Day and the day after, Christmas Day
and the day after and Juneteenth. Members of the Police Department
and Department of Public Works shall be governed by the provisions
as set forth in their respective contracts with the Borough insofar
as holiday compensation is concerned. Holidays which fall on a Saturday
will be observed on the preceding Friday, while those holidays falling
on a Sunday will be observed on the subsequent Monday. This subsection
shall not apply to part-time employees, defined as employees working
25 hours or less per week.
F.
Compensation for work on holidays. Each employee who is required
to work on an official holiday shall be compensated by straight-time
payment for the holiday in addition to his/her regular day's
pay. If an official holiday occurs during a full-time employee's
vacation, he/she shall be entitled to an additional vacation day.
If an official holiday occurs while an employee is on paid sick leave,
he/she shall not have that holiday charged against his/her sick leave
and be paid for the holiday.
G.
Eligibility for holiday pay. To be eligible to receive holiday pay,
an employee must work the regularly scheduled workday before the holiday
and the regularly scheduled workday after the holiday or use paid
vacation time, paid sick time, earned accrued compensatory time, or
paid personal time the day before and after the holiday. Part-time
employees, temporary and seasonal, shall not receive extra compensation
for holidays worked; if a part-time employee is scheduled to work
a week that includes a holiday, the employee will be entitled to compensation
for that day.
A.
The employee benefit plan established by the Borough of Raritan shall
include the following benefits established or described herein: hospitalization
and medical insurance program for full-time employees, retirement
plans, worker's compensation coverage, holidays for full-time
employees, paid vacation for full-time employees, paid personal days
for full time employees, paid sick leave for full time employees,
sick leave according to law for non-full-time employees, and unemployment
insurance.
B.
Hospitalization and medical insurance program.
(1)
The Borough shall offer and provide for all full-time employees,
and their dependents, membership and subscription to comprehensive
Blue Cross-Blue Shield and any other major medical insurance plan,
or such alternative insurance plan as may be offered in the discretion
of the Borough, all of which at shared cost determined by Council
and allowed by law. Part-time employees are not eligible for the hospitalization
and medical insurance program.
(2)
Effective January 1, 2018, full-time employees of the Borough who
are or are eligible to be covered by the Borough's various health
insurance plans are eligible for the provisions of Chapter 2, Public
Laws of 2010 (hereinafter referred to as "eligible employees"). This
law allows for the payment of up to 25% or $5,000, whichever is less,
of the reduction in premium obligation (i.e., from family to parent/child
or husband/wife to single) ("opt down") or the waiver of total insurance
coverage by the eligible employee ("opt out"). Said payment is less
all applicable deductions. In order to be eligible for the payment,
the eligible employee must fill out a form created by the Borough
that indicates the name of the eligible employee, the address of the
eligible employee, the name and address of the spouse/domestic partner
whose coverage the eligible employee will be covered by, proof of
such insurance coverage (ID card, copy of the policy, etc.) and the
name/address of the spouse/domestic partner's employer. Eligible
employees who opt down/opt out as to insurance coverage shall be allowed
to increase the level of coverage and/or opt back into the Borough's
health insurance coverage during the open enrollment period only,
except in the case of emergency. "Emergency" shall be defined as a
loss of insurance coverage by the eligible employee's spouse/domestic
partner by the sole actions of the spouse/domestic partner's
employer. In the case of an emergency, the eligible employee shall
be entitled to a pro-rata portion of the 25% premium reduction/$5,000
payment, based on the number of months that the eligible employee
was either not on the Borough's insurance program totally or
in a reduced level of coverage.
C.
Retirement plans. The Borough shall contribute the employees'
contributions as required by law to the old-age and survivors insurance
system (social security) and such appropriate New Jersey State employees'
retirement systems as may be required by law and to which the employees
must belong. Employee contributions to the social security system
and state pension programs are presently required by law and shall
be deducted periodically from the employee's earnings. Pension
deductions and contributions shall continue during periods of paid
leave. Employees on unpaid leaves of absence of any nature will not,
under existing state pension laws and regulations, receive pension
credits for the period of such absence, since no contribution shall
be remitted on their behalf.
D.
Dental plan. All full-time employees of the Borough shall receive
the benefit of a family dental plan, at the shared cost to the employee
determined by Council and allowed by law. Part-time employees are
not eligible for dental plan coverage.
A.
Only full-time, nonseasonal, nontemporary, non-bargaining-unit personnel
shall be entitled to paid vacation time in accordance with the following
schedule:
|
Years of Service
|
Vacation (workdays)
|
|---|---|
|
Less than 1 year
|
1 day for every calendar month of employment worked. Accrued
time can be used after completion of 60 days
|
|
1 year of continuous service, but less than 4 years
|
12 days
|
|
4 years of continuous service, but less than 8 years
|
15 days
|
|
8 years of continuous service, but less than 14 years
|
18 days
|
|
14 years of continuous service, but less than 17 years
|
21 days
|
|
17 years of continuous service, but less than 22 years
|
24 days
|
|
22 years of continuous service, but less than 27 years
|
27 days
|
|
27 years continuous service or more
|
30 days
|
B.
Use and payment.
(1)
All vacations must be scheduled and approved by the department head
and must have the Administrator's final approval before vacation
is granted, who shall inform the Borough Administrator, in writing,
for final approval. It is the department head's responsibility
to schedule individual vacations so that Borough activities will be
carried on with minimal interruption and inconvenience. Ordinarily,
employees with seniority will be given first preference in the assignment
of vacations.
(2)
Vacation allowance must be taken during the calendar year in which
it is earned. Employees with at least three years of continuous service
may carry up to 10 vacation days into the next calendar year. All
carried vacation time must be used by July 1 of the carried-into year.
An employee who has a total vacation balance of more than 10 days
at the end of any calendar year will lose any days more than the 10
allowed to be carried.
(3)
Employees may not be paid for vacation time earned and not used,
except at the termination of employment. Payment of vacation time
to employees separating from Borough service shall be made in the
form of a lump-sum payment on the payroll date preceding their last
regular payroll period of work. Such payment shall be at the rate
of compensation being paid on the last day of work preceding the separation.
(4)
No single vacation period, or combination of vacation or holiday
leave, for any employee shall exceed 10 continuous working days, except
after a written request is submitted to the Administrator and approved
by the governing body.
(5)
If a recognized holiday falls during an employee's vacation
period, the employee shall be entitled to an additional vacation day
in lieu of the holiday.
(6)
An employee while on vacation shall be paid at his current rate of
pay.
(7)
Maintenance of vacation leave records shall be the responsibility
of the Administrator.
A.
"Sick leave," as used herein, means paid leave that shall be granted
to Borough employees as further outlined below. Sick leave shall only
be used for the authorized uses and/or purposes established pursuant
to the New Jersey Act Concerning Sick Leave, N.J.S.A. 34:11D-1 et
seq.
(1)
Eligibility. Full-time employees shall be entitled to 12 working
days of sick leave with pay per year, in each calendar year, after
they have completed one year of satisfactory continuous service. Full-time
employees who have worked less than one year shall be entitled to
one sick leave day with pay for each full month worked. Except where
a union contract applies, sick leave for full-time employees can be
accumulated up to a maximum of 120 working days or the equivalent
of 840 hours and may be used by an employee only for personal illness
or a disabling injury. Sick leave may not be used in advance of its
accrual. All Raritan Borough part-time and seasonal employees, and
those full-time employees who do not already accrue paid time off
in excess of the maximum amount permitted by the New Jersey Act Concerning
Sick Leave, N.J.S.A. 34:11D-1 et seq. shall be entitled to accrual
of paid time off in accordance with the provisions of the New Jersey
Act Concerning Sick Leave, N.J.S.A. 34:11D-1 et seq.
(2)
Required verification of illness or injury. Employees absent on sick
leave for three or more consecutive working days must submit a licensed
physician verification of illness or injury for the employee and/or
immediate family member. After the 12th day of absence of sick leave
in one calendar year, licensed physician verification must be submitted
for all sick leave absences, regardless of duration. Prior to the
return to work, the Borough may require an employee to be examined
by a physician designated by the Borough to verify fitness for duty.
An employee will not be permitted to return to work until the verification
is received. If an employee's pattern of sick time use suggests
an abuse of this benefit, the Borough Administrator reserves the right
to require a doctor's note for absences of any duration or to
send the employee for examination by the Borough's physician,
in its discretion.
(3)
Sick leave and other employment. No employee while on sick leave
from the Borough shall be otherwise employed or engaged in any outside
work, employment, or self-employment. Abuse of this policy will result
in disciplinary action.
(4)
Donated sick leave program. A permanent, full-time, nonseasonal,
non-bargaining-unit employee (excluding all employees within a collective
negotiation agreement) is eligible to receive donated sick leave if
the employee:
(a)
Has completed at least one year of continuous employment in
good standing with the Borough; and
(b)
Has exhausted all accrued compensatory time, sick leave time,
vacation days, and personal days; and
(c)
Has not, in the two-year period immediately preceding the employee's
need for donated sick leave, been disciplined for chronic or excessive
absenteeism, chronic or excessive lateness or abuse of leave; and
(d)
Either i) suffers from a catastrophic health condition or injury;
or ii) is needed to provide care to a member of the employee's
immediate family who is suffering from a catastrophic health condition
or injury; or iii) requires absence from work due to the donation
of an organ (which shall include, for example, the donation of bone
marrow).
[1]
As used herein, a "catastrophic health condition or injury"
means:
[a]
With respect to an employee, i) a life-threatening condition
or combination of such conditions; or ii) a period of disability required
by his or her mental or physical health and necessitating the care
of a physician who provides a medical verification of the need for
the employee's absence from work for 45 or more calendar days.
[b]
With respect to an employee's immediate family member,
i) a life-threatening condition or combination of such conditions;
or ii) a period of disability required by his or her mental or physical
health and necessitating the care of a physician who provides a medical
verification of the need for the family member's care by the
employee for 45 or more calendar days.
[2]
An employee must receive the final consent and approval of his
or her participation in the program as a leave recipient or leave
donor from the Borough Administrator.
[a]
The employee requesting acceptance as a sick leave recipient
shall submit to the Borough Administrator medical verification from
a physician or other licensed health care provider concerning the
nature and anticipated duration of the disability resulting from either
the catastrophic health condition or injury, or the donation of an
organ.
[3]
A leave recipient must receive at least five sick leave, vacation
or personal days or a combination thereof from one or more leave donors
to participate in the donated leave program. A leave recipient shall
receive no more than 180 days during the entire length of employment
with the Borough and shall not receive any such days on a retroactive
basis.
[4]
A leave donor shall donate only whole sick days, whole vacation
days or whole personal days and may not donate more than 10 such days
to any one recipient per calendar year. A leave donor must have remaining,
after the donation, at least 20 days of accrued sick leave if donating
sick leave and at least 10 days of accrued vacation leave if donating
vacation leave. A leave donor may not revoke the leave donation. Employees
desiring to donate leave shall complete a donated leave form satisfactory
to the Borough. (All union employees are excluded from donating sick
leave.)
[a]
If any employee donates time of any sort to another employee,
the following rules shall govern:
[5]
Any unused, donated leave shall be returned to the leave donors
on a prorated basis upon the leave recipient's return to work,
except that if the proration of leave days results in less than one
day per donor to be returned, that leave time shall not be returned.
No donated leave shall be converted upon retirement into additional
compensation.
[6]
Employees are prohibited from threatening or coercing or attempting
to threaten or coerce another employee for the purpose of interfering
with rights involving donating, receiving, or using donated leave
time. Such prohibited acts shall include, but not be limited to, promising
to confer, or conferring a benefit such as an appointment or promotion
or making a threat to engage in, or engaging in, an act of retaliation
against an employee.
[7]
The Borough reserves the right to suspend or terminate the donated
leave program at any time upon 30 days' written notice of such
suspension or termination to affected employees.
[8]
Donated leave used by a recipient will count against any leave
entitlement to which the recipient is eligible under the federal Family
and Medical Leave Act and, when taken to care for a member of the
employee's immediate family, that Act and the New Jersey Family
Medical Leave Law.
(5)
Reporting of illness or disability. All absences on account of illnesses
shall be reported immediately by or for the employee to his/her department
head and followed up immediately with an email. If the department
head cannot be contacted, the employee shall also contact the Administrator
and follow up immediately with an email. The department head, once
notified, will immediately notify the Administrator by email.
B.
Workers compensation leave of absence.
(1)
Whenever a full-time employee is disabled to such extent through injury or illness arising out of his/her employment by the Borough, as attested to by a certificate of the attending physician or by a physician appointed by the Borough, he or she may be granted, in addition to any accumulated annual sick leave to which the employee is entitled (in accordance with § 45-7, Subsection A, Paragraph 1), upon recommendation of the department head in writing to and then with the approval of the Administrator and Governing Body, leave of absence with pay, based on the following schedule:
|
Length of Service
(years)
|
Full Pay
(weeks)
|
Half Pay
(weeks)
|
|---|---|---|
|
Less than 2
|
1
|
5
|
|
2 but less than 5
|
3
|
3
|
|
5 but less than 10
|
3
|
6
|
|
10 but less than 15
|
3
|
9
|
|
15 but less than 20
|
6
|
6
|
|
20 but less than 25
|
9
|
3
|
|
25 or more
|
12
|
None
|
(2)
Any payments received under this subsection shall be reduced by the
amount of workers' compensation or municipal, state or federal
disability payments received by the employee.
C.
Examination. In all cases of reported illness or disability, the
Borough reserves the right to require a doctor's certification
of illness or to have a physician designated by the Borough examine
and report on the condition of the employee. When an employee is absent
from work because of illness for three or more consecutive days, his/her
department head shall require the employee to submit a certificate
from a physician relating to his/her illness, the extent of disability
and when he/she can return to work, which must be provided prior to
returning to work. If the employee is a department head, the same
applies, but the information shall be provided to the Administrator.
The employee must submit a certificate prior to the return to work.
D.
Maternity/paternity leave. Maternity leave shall be granted on a
paid basis for a period of five days. Additional leave may be granted
to the pregnant employee for a period of six months from the last
day worked, provided that the request for such leave is made in writing
to the department head no later than the fourth month of pregnancy
and endorsed by the department head and approved by the Borough Council.
Such leave shall first be charged to sick leave and then to vacation
time until all paid accumulated leave is used up. Once all paid accumulated
leave time is used, the remaining maternity leave will be without
pay. The employee may be reinstated without loss of privileges or
seniority accrued to the last day worked, if she reports back to work
within six months from the last day worked. An employee who fails
to return to work within such prescribed time limits shall be presumed
to have resigned. Additionally, paternity leave shall be granted in
the same manner for the first five days.
E.
Terminal leave. Terminal leave benefit applies only to full-time
employees at retirement, except where a union contract applies. An
eligible employee shall be entitled to accumulate unused sick leave
days toward the total aggregate number of 50 terminal leave benefit
days during the employee's employment with the Borough. No cash
payments will be made to the employee in lieu of terminal leave except
in the event of an employee's death, in which case the Borough
will pay the employee's estate the value of any terminal leave
he had accrued up to the time of his death. Upon retirement, an employee
shall receive his accrued terminal leave in working days off, with
pay, immediately preceding the day of his/her retirement.
F.
Family/medical leave.
(1)
Each full-time employee shall be entitled to family/medical leave
in accordance with the federal act, 29 U.S.C. § 2651, and
state statute, N.J.S.A. 34:11B-1 et seq. Each full-time employee shall
be entitled to unpaid leave pursuant to said laws, such laws to be
applied consistently and concurrently, at such time as may be provided
pursuant to such laws and shall not be cumulative. In the event an
employee requests such leave for illness or injury personally suffered
by the employee, they shall first be charged to any sick leave as
defined in this section, and then to vacation time, until all such
paid accumulated leave has been expended in full. Thereafter, each
full-time employee shall be entitled to unpaid leave for such reason
pursuant to the federal and state law.
(2)
In the event a full-time employee requests family/medical leave for
purposes as defined under the federal and state laws, for other than
illness or injury personally suffered by the employee, they shall
be entitled to such unpaid leave pursuant to the federal and state
law without first being charged to any sick leave or vacation time.
A.
Except where a union contract applies, in the event of a death in
the family, time off without loss of compensation shall be granted
to the employee for funeral and grievance as follows:
B.
Five working days in event of death of employee's spouse/civil
union partner or child (including adopted, stepchild or other), mother,
father, mother-in-law, father-in-law, sister, brother, sister-in-law,
brother-in-law, grandmother and grandfather.
C.
Three working days in event of death of employee's aunt, uncle,
niece or nephew.
A.
Reserve duty. Any permanent or full-time temporary officer or employee
of the Borough who is a member of the organized Reserve of the Army
of the United States, United States Naval Reserve, United States Air
Force Reserve, or United States Marine Corps Reserve, or other organization
affiliated therewith, including the National Guard of other states,
shall be entitled, in addition to pay received, if any, as a member
of a reserve component of the Armed Forces of the United States, to
a leave of absence from his or her respective duty without loss of
pay or time on all workdays upon which he or she shall be engaged
in any period of federal active duty; provided, however, that such
leaves of absence shall not exceed 30 workdays in any calendar year.
Such leave of absence shall be in addition to the regular vacation
or other accrued leave allowed such officer or employee. Any leave
of absence for such duty in excess of 30 workdays shall be without
pay, but without loss of time. However, a full-time temporary officer
or employee who has served under such temporary appointment for less
than one year shall receive, for the service herein described, leave
without pay, but without loss of time.
B.
Militia duty. A permanent or full-time temporary officer or employee
of the Borough who is a member of the organized militia of the State
of New Jersey (i.e., New Jersey National Guard) shall be entitled,
in addition to pay received, if any, as a member of the organized
militia, to a leave of absence from his or her respective duties without
loss of pay or time on all days during which he or she shall be engaged
in any period of state or federal active duty. However, leaves of
absence for federal active duty or active duty for training shall
not exceed 90 workdays in the aggregate in any calendar year. Any
leave of absence for such duty in excess of 90 workdays shall be without
pay, but without loss of time. Leave of absence for such military
duty shall be in addition to regular vacation or other accrued leave
allowed such officers and employees by the Borough pursuant to any
Borough law, ordinance, resolution, or regulation. Notwithstanding
the above, a full-time temporary officer or employee who has served
under such temporary appointment for less than one year shall receive,
for the service described herein, leave without pay, but without loss
of time.
Pursuant to the Family Leave Act and state statute, each full-time
employee shall be entitled to unpaid leave pursuant to said laws,
such laws to be applied consistently and concurrently, and such time
as may be provided pursuant to such laws shall not be cumulative.
In the event an employee requests such leave, they shall first be
charged to any sick leave as defined in this section, and then to
vacation time, until all such paid accumulated leave has been used
up. Thereafter, each full-time employee shall be entitled to unpaid
leave pursuant to federal and state law.
A.
Compensation. Permanent employees shall receive the difference between
full pay and jury pay for any time spent on jury duty. On those days
when the jury is not in session, or on days when the employee is excused
from jury service prior to 12:30 p.m., he/she shall return to his
department to perform the regular duties for the balance of the workday.
B.
Procedure. When summoned for jury service, the employee shall give
his/her summons to the department head, who shall see that it is included
in the employee's personnel history file records. The employee
shall then be granted the appropriate time off by his department head,
following approval by the Administrator.
C.
Certification. Upon completion of jury duty, the employee shall obtain
a certificate of jury service from the County Sheriff's office,
showing the time spent away from the job. The employee shall forward
this form to his/her department head, who shall transmit it to the
Borough Administrator for inclusion in the employee's personnel
history file.
A.
The Borough recognizes that an employee job evaluation system is
the basis for assisting in employee growth and development. All full-time
employees shall receive an annual evaluation of their performance
once each calendar year during the month of October, in order that
the rating may be considered during the preparation of the recommended
Borough budgets. A satisfactory evaluation must be obtained in order
to be considered for any salary increment based on incentive. Additional
periodic performance evaluations may be performed on new employees
during their first year of employment to establish a baseline of progress.
Additional performance evaluations may be performed on any employee
throughout the year for purposes of ensuring goals are on target and
to assess if improvements are needed or at the request of the Administrator
or Governing Body.
B.
Rating officers. It shall be the responsibility of each department
head to conduct the performance evaluations on all employees within
his/her department. Employees who receive a transfer one month prior
to the evaluation period shall be rated by their former department
head. Employees with roles in multiple departments, with different
department heads, shall be rated by the department head where the
majority of the employee's work is performed.
C.
Review. The employee will perform a self-evaluation as a tool and
provide to his/her department head prior to meeting with the department
head for their review. The rating officer shall complete their subordinate's
performance evaluation and give the subordinate time to review prior
to discussing. The rating officer shall discuss the performance evaluation
with the employee before the report is made part of the employee's
permanent record. The review will also be discussed with the Borough
Administrator.
D.
Forms. Employee performance evaluations shall be submitted to the
Administrator on forms which will be made available to the rating
officer by the Administrator.
A.
Reporting accidents. An employee who is injured in the performance
of his/her duty shall immediately report the accident to his/her supervisor
and shall complete a form provided for such reports. This report shall
be forwarded to the Administrator for review and proper follow-up.
B.
Outside employment and regulations. Employees interested in outside
employment shall be required to complete an application for permission
to accept outside employment. The application shall set forth pertinent
information concerning the type of employment, the name and address
of the prospective employer and the hours of such employment. Applications
shall be reviewed by the Administrator or, in the case of the Police
Department, by the Chief of Police, and, if in his judgment there
is reasonable probability that such outside employment will interfere
with the employee's performance of his/her Borough position or
will result in a conflict of interest or appearance thereof, the request
may be denied.
C.
Departmental rules and regulations. Subject to the approval of the
Borough Council, the department heads may, from time to time, establish,
amend and supplement rules and regulations for governing the internal
operations of their departments. The rules and regulations shall be
in writing, approved by the Borough Council and filed in the office
of the Administrator. They shall be binding on all persons subject
to the jurisdiction of the department. A written copy of such rules
and regulations shall be distributed to the personnel of the department
affected thereby and shall be posted in the office of the department.
D.
Maintenance of personnel records. The Administrator shall provide
that adequate personnel records are maintained for each employee of
the Borough. These records should include date of appointments and
promotions, job titles, salaries, commendations, disciplinary action,
leaves taken and accumulated and performance reviews.
A.
AUTHORIZED PERSONNEL
MUNICIPAL VEHICLES
Definitions. As used in this section, the following terms shall be
defined as follows:
Borough employees or appointees assigned or permitted by
a department head or the Council to operate a vehicle.
Motor vehicles as defined in state law, including but not
limited to automobiles, vans, trucks, and such other vehicles which
operate by motorized power, which are owned or leased by the Borough
of Raritan or any department thereof for use by authorized Borough
employees or appointees to conduct the business of the Borough.
B.
Use of municipal vehicles.
(1)
Municipal vehicles are to be used for official business of the Borough
only. Personal use of municipal vehicles is prohibited and shall be
cause for disciplinary action up to and including termination from
employment. Only authorized municipal personnel or persons conducting
business of the Borough may be transported in municipal vehicles.
(2)
No family member or other private citizen shall be transported in
municipal vehicles at any time. An exception to this requirement would
be to transport persons in police vehicles in the line of duty as
authorized by the Chief of Police or his designated command officer.
(3)
Authorized personnel assigned motor vehicles are responsible for
assuring that the vehicles are kept clean, are kept in good operating
condition, and serviced in accordance with a preventive maintenance
schedule.
(4)
A log, journal or other written record must be maintained for all
maintenance performed on municipal vehicles. This record is to be
maintained by the Department to which the vehicle is assigned. The
Administrator may request at any time to review all vehicle records.
(5)
Authorized personnel must have a valid New Jersey driver's license
or, if necessary, a commercial driver's license, which authorizes
them to operate municipal vehicles requiring same.
(6)
Employees or appointees may use Borough motor vehicles only within
the borders of the State of New Jersey unless on official business
or with the approval of the Chief of Police or Borough Administrator
or their designee.
C.
Use by employees or appointees after business hours. No Borough employee
or appointee may take home a Borough-owned vehicle after regular business
hours, except as follows:
(1)
The Borough Administrator may, for good cause, grant permission to
any employee to take home a Borough-owned vehicle, provided that such
permission is given in writing and it is in furtherance of Borough
business. The Mayor and Council shall be notified, in writing, of
the reason for granting such permission within seven business days
thereof.
(2)
In the event that any Borough motor vehicle is taken home after regular
business hours during emergencies, such as snowstorms, rainstorms
and public health crises, the Borough Administrator shall notify Mayor
and Council of such emergency use, in writing, within three business
days thereof. The Borough Administrator will make determination of
validity of any employee taking a vehicle home for such emergencies
after consulting with the Borough's Risk Manager prior to granting
approval of such employee use.
(3)
The Fire Chief's and Deputy Fire Chief's Borough-owned
motor vehicles may be taken home by the Fire Chief and the Deputy
Fire Chief only;
(4)
The Police Chief's, Police Captain's and Police Lieutenant's
Borough-owned motor vehicles may be taken home by the Police Chief,
Police Captain and Police Lieutenant only;
(5)
Any employee or appointee who is required to be on call and subject
to frequent return-to-work calls, or when availability of a vehicle
is a condition of employment, are further eligible to use a Borough-owned
vehicle for commuting purposes; and
(6)
Any employee or appointee granted the privilege of using a Borough-owned
vehicle for commuting shall not use it for any other purpose than
driving to and from work. If the vehicle is used for other than Borough
business, the employee shall relinquish the privilege immediately.
D.
Miscellaneous.
(1)
It shall be the employee's or appointee's responsibility
to possess the current vehicle registration and insurance card and
ensure that the vehicle has a current inspection sticker;
(2)
Payment of traffic/parking tickets are the responsibility of the
operator of the motor vehicle; failure to attend to any summons or
pay any fine may result in disciplinary action, up to and including
termination;
(3)
An employee or appointee may be held liable for any loss or damages
to a municipal vehicle if the loss or damage is the result of willful
or reckless conduct on the part of the employee or appointee;
(4)
All occupants of municipal vehicles must wear their seat belts in
compliance with the laws of the State of New Jersey.
A.
General policy. It is declared to be the policy of the Borough of
Raritan that every employee shall at all times be treated fairly,
courteously and with respect and that, conversely, each employee shall
afford the same treatment to his associates, supervisors and to the
public.
B.
Verbal grievance. Whenever an employee has a grievance, he/she should first present it verbally to his/her immediate supervisor. It is the responsibility of the supervisor to attempt to arrange a mutually satisfactory settlement of the grievance within three working days after it was first presented to him/her or, failing in that, must within that time advise the employee of his inability to do so. When an employee is informed by his immediate supervisor that he is unable, within the discretion permitted him, to arrange a mutually satisfactory solution to the grievance, the employee must, if he/she so wishes to present the grievance to higher authority, do so in writing in the manner set forth in Subsection C below. The immediate supervisor shall also summarize the verbal grievance and the manner it was handled and the outcome in writing and provide same to the Administrator within the four working days of the supervisor's receipt of such grievance.
C.
Formal written grievance.
(1)
The employee will prepare the grievance, in writing, in duplicate.
The grievance should be stated as completely and as clearly as possible,
in order to permit prompt handling. One copy of the grievance shall
be presented by the employee to the immediate supervisor, to whom
the grievance was made verbally. The supervisor will report the facts
and events which led up to its presentation in writing, including
in his written report any verbal answer he may have previously given
to the employee concerning this grievance. Within two working days
after receipt of the written grievance, the supervisor must present
it, with the information required from him/her, to the Administrator.
(2)
The Administrator will attempt to find a mutually satisfactory solution
to the grievance within five working days. Failing a solution, the
complaint, accompanied by a written report on the matter by the Administrator,
must be forwarded to the Borough Council, which will then consider
and formally act on the complaint within five working days. No grievance
will be heard or considered by the Borough Council which has not first
passed through the above-described steps. All papers and documents
relating to a grievance and its disposition will be placed in the
employee's personnel history file. Grievance procedures for the
Police Department shall be governed by the contract between the Police
Benevolent Association and the Borough.
An employee may resign from his position by tendering a written
resignation to his department head, who, in turn, shall forward it
to the Administrator. An employee shall give a minimum of two weeks'
notice before the effective date of his resignation, and the written
resignation shall become a part of the employee's personnel history
file.
A.
Reasons. An employee may be dismissed, suspended or demoted from
municipal service for cause. The causes sufficient for removal from
the service shall include but are not limited to the following:
(1)
Neglect of duty.
(2)
Absence without leave or failure to report after authorized leave
has expired or after such leave has been disapproved or revoked.
(3)
Incompetency, inefficiency, or incapacity due to mental or physical
disability.
(4)
Insubordination or serious breach of discipline.
(5)
Being under the influence of alcohol or drugs while on duty.
(6)
Conviction of a criminal act.
(7)
Participation in any political activity prohibited by federal or
state laws or municipal ordinances.
(8)
Conduct unbecoming a public employee.
(9)
Excessive absenteeism.
(10)
Substandard performance appraisal and failure to meet the guidelines
of improvement review. The Governing Body will be the ultimate arbitrator.
(11)
Other sufficient cause.
B.
Procedure.
(1)
Complaint. A written complaint setting forth the nature of the charges
against each employee and signed by the person making such charges
shall be filed with the Borough Administrator, and a copy thereof
shall be served upon the employee so charged, with the notice that
he/she may, within 10 days, request that a hearing be held upon such
charges.
(2)
Hearing. If the affected employee desires such a hearing, the proceedings
shall be held before the Mayor and Council, and the employee will
be under suspension until his status is resolved by the hearing. The
hearing may be public or private, as desired by the employee. At the
hearing, the employee shall have the right to representation by counsel,
to subpoena witnesses to testify and to examine witnesses, and he/she
shall have the right to be heard and to obtain and present documentary
evidence.
(3)
Disposition. Within 14 days after the conclusion of such hearing,
the Mayor and Council shall in each case render a written decision
setting forth the reasons behind its determination, and a copy of
this decision shall then be mailed to the affected employee.
(4)
Suspension. As far as is possible, the hearing as outlined above
shall be held before any disciplinary action is actually taken, but
nothing herein shall prevent the suspension of an employee by his/her
department head without a hearing if it is determined that circumstances
warrant it. The Mayor and Council, after such a hearing, may either
affirm, reverse, or modify the proposed disciplinary action. In cases
where an employee has been suspended prior to a hearing, the Mayor
and Council may, if it finds that the suspension was not justified,
order that the employee be reinstated with pay. In addition, nothing
herein shall prohibit a department head from suspending an employee
when said employee's performance or conduct justifies disciplinary
action short of dismissal. Said suspension shall be without pay for
a period of not more than 10 working days.
Employees enrolled in the public employees' retirement
system and the police and firemen's retirement system of the
State of New Jersey are subject to the benefits, requirements, and
provisions of those plans. An employee should notify his/her department
head and the Borough Administrator in writing at least six months
before planned retirement. Additionally, the employee should apply
to the applicable pension plan/system at least three months prior
to his/her planned retirement.
In the event that, by reason of any tenure rights of any officer
or employee of the Borough or by reason of any New Jersey statute
specifically governing the rights of any such officer or employee,
any revision of this chapter is inconsistent with the New Jersey statutes
in such case made and provided applicable to any such officer or employee,
then such statutory provision shall govern and supersede the provisions
of this chapter.
A.
No member of a family shall be in a position that provides supervision
over another member of the same family. This precludes the acceptance
of applications for employment from relatives for positions in the
same department where supervision conflicts exist or where through
promotion conflicts could exist. When, in the normal selection process,
relatives of Borough employees are considered for appointment or promotion,
the selection shall be deferred to the Borough Administrator for final
action.
B.
No person who is a relative of any paid full-time or part-time employee
shall be considered for employment by the Borough where one of said
relatives will be in a supervisory position over the other.
C.
The provisions of Subsection A of this section shall not apply in the case of seasonal part-time employment.
D.
For the purposes of this section, a "relative" is a mother, father,
child, brother, sister, husband, wife, mother-in-law, father-in-law,
son-in-law, or daughter-in-law.
E.
This policy is not for the purpose of depriving any citizen of an
equal chance for employment with the Borough but is solely intended
to eliminate the potential for preferential treatment of the relatives
of governmental.
A.
General rules. All employees of Raritan Borough are expected to treat
department heads, co-workers, Mayor and Council, volunteers, residents,
commercial tenants, professional consultants, and vendors in a professional
manner. Specifically, employees shall treat others with respect, integrity,
courtesy and shall have a cooperative attitude.
(1)
An employee must:
(a)
Truthfully respond to all job-related inquiries.
(b)
Follow the directions of his/her department head or supervisor.
(c)
Present a neat and professional appearance.
(d)
Report to work in accordance with their work schedule and advise
his/her department head of any absences, or the Administrator if department
head is not available.
(2)
It is the policy of the Borough of Raritan to promote and maintain
a work environment in which all employees are treated with respect
and decency. This Policy shall apply to all nonuniformed, paid and
volunteer service employees of Raritan Borough, and shall include
but not be limited to all firefighters, seasonal employees, and interlocal
employees and volunteers performing work which were formerly performed
by a contractor or employee.
B.
Equal opportunity in employment policy.
(1)
Equal opportunity in employment.
(a)
"Equal employment opportunity ('EEO')" means that
all employment decisions are made, and personnel policies are administered,
without discrimination the basis of race, color, religion, national
origin, sex, sexual orientation, marital status, age (except insofar
as permitted by N.J.S.A. 40A:9-3 physical or mental disability, or
status as a special disabled veteran or veteran of the Vietnam era
in accordance with federal laws.) This policy applies to all terms
and conditions of employment, including but not limited to hiring,
placement, promotion, termination, layoff, recall, transfer, leaves
of absence, compensation, and training.
(b)
EEO is required, monitored, and enforced by federal and state
governments. All Borough employees are responsible for complying fully
with the letter and spirit of the EEO laws and regulations. Failure
to comply with legal requirements may lead to serious adverse consequences
for the Borough as well as for any individual violator.
(c)
The Borough Administrator is designated as the Equal Opportunity
Officer.
(2)
Policy. It is the Borough of Raritan's policy to:
(a)
Comply with both the letter and the spirit of all applicable
laws and regulations governing employment.
(b)
Provide EEO to all employees and to all applicants for employment.
(c)
Take appropriate affirmative action to make EEO a reality.
(d)
Prohibit unlawful discrimination or harassment because of race,
color, religion, national origin, sex, age, physical or mental disability,
or because of one's status as a special disabled veteran or veteran
of the Vietnam era, in any employment decision or in the administration
of any personnel policy.
(e)
Make reasonable accommodations for the physical and/or mental
limitations of otherwise qualified employees or applicants with disabilities.
(f)
Post all employment notices and posters required by law, including
those of the United States Department of Labor, the Equal Employment
Opportunity Commission and the New Jersey Department of Labor.
(g)
If you experience any job-related harassment based on your sex,
race, national origin, disability, or another factor, or believe that
you have been treated in an unlawful, discriminatory manner, promptly
report the incident to your supervisor, who will investigate the matter
and take appropriate action in conjunction with the Borough Administrator.
If you believe it would be inappropriate to discuss the matter with
your supervisor, you may bypass your supervisor and report it directly
to the Borough Administrator who will undertake an investigation.
If you believe it would be inappropriate to discuss the matter with
your supervisor or the Borough Administrator, you may bypass your
supervisor and the Borough Administrator and report it directly to
the Mayor, who will undertake an investigation. Your complaint will
be kept confidential to the maximum extent possible.
C.
Ethics.
(1)
It is the policy of the Borough of Raritan that appointed employees
are not allowed to accept direct personal gifts from vendors, contractors
of value, or residents. An employee shall not accept a direct personal
gift from vendors, contractors, or residents in the performance of
its duties.
(2)
If an individual gift is received by an employee, the employee has
several options:
(3)
The discussions on ethics have been developing and the Borough will
regularly visit this subject to understand the appropriate actions.
D.
Smoking. Smoking is prohibited in all vehicles owned or leased by
the Borough as well as all Borough-owned buildings and is strictly
prohibited. If observed smoking in a government-owned vehicle or building,
the employee or volunteer is subject to all disciplinary action provided
under this policy manual and/or collective bargaining agreement.
E.
Alcohol use. Consumption of alcohol on Borough premises or while
on duty regardless of location is strictly prohibited. If an employee
is found possessing and/or alcohol on Borough-owned or -operated property
or while on duty, he or she shall be subject to disciplinary action
in accordance with Borough policies and/or state statute.
F.
Political activity.
(1)
No person in the Borough employment shall invite, demand, or accept
payment of campaign contributions from municipal employees for municipal
political campaign purposes.
(2)
No person shall directly or indirectly use or seek to use his/her
authority or official influence to control the political action of
another person.
(3)
Borough employees shall not engage in political activity during working
hours or on municipal property.
G.
Whistleblower protection.
(1)
The New Jersey Conscientious Employee Protection Act (CEPA), commonly
known as the "Whistleblower Act," makes it unlawful for an employer
to take adverse employment action against an employee who discloses,
objects to, or refuses to participate in certain actions that the
employee reasonably believes are either illegal or in violation of
public policy. An employee who erroneously accuses an employer of
wrongdoing under CEPA is protected, as long as the belief is reasonable.
The Borough shall not take any retaliatory action such as discharge,
suspension, demotion, etc., against an employee who:
(a)
Discloses or threatens to disclose to a supervisor or to any
public body an activity, policy, or practice of the Borough that the
employee reasonably believes to be in violation of the law.
(b)
Provides information to, or testifies before, any public body
conducting an investigation or hearing into any violation of the law.
(c)
Objects to or refuses to participate in any activity, policy,
or practice which the employee reasonably believes is in violation
of the law or state regulation, is fraudulent or criminal, or is incompatible
with a clear mandate of public policy concerning the public health,
safety, or welfare.
(2)
An employee who intends to report alleged wrongdoing must first advise
his or her supervisor, in writing, and give the supervisor reasonable
opportunity to correct the problem. Such notice, however, is not required
in emergency situations where the employee reasonable fears physical
harm or where the employee is reasonably sure that the problem is
already known to one or more supervisors.
(3)
The Borough shall post notices of employees' rights and obligations
under the Conscientious Employee Protection Act and use appropriate
means to keep its employees so informed. The notice must include the
name of the person designated to receive the internal complaint that
the employee is required to make before making a report to the Borough
Council. The Borough has designated the Borough Administrator to answer
your questions or provide additional information regarding your rights
and responsibilities under this act. The required distribution of
the "Whistleblower Act" is made part of this document and is located
at the end of this handbook.[1] It is made available in both English and Spanish as required
by law.
[1]
Editor's Note: Said document is on file in the Borough
offices.
H.
Official capacity. Employees that are engaged to speak by an organization
shall clearly define that they are not speaking in their official
capacity unless the Borough Council authorizes the individual to speak
on behalf of the Borough. Employees shall utilize Borough time to
perform work only authorized by the Borough and shall not utilize
Raritan Borough time to perform any other work than Raritan Borough
work.
I.
Office phones. Office phones are intended to be used for Borough
business. Employees shall refrain from using the phones to conduct
personal business. The Borough reserves the right to investigate,
audit and receive detailed call lists from office phones. All communications
should be for professional reasons. Employees and their supervisors
are responsible for seeing that the phones are used in an effective,
ethical, and lawful manner. Employees shall not add any electronic
devices to phones unless authorized by a police agency or as part
of a technology program.
J.
Cell phone usage (personal cell phone).
(1)
This policy provides reasonable guidelines for the use of personal
cellular telephones and associated accessories during actual working
hours, while respecting the realities of the technological world in
which we reside and the necessity to communicate using such modes
of technology.
(2)
Cell phone usage shall include placing and receiving telephone calls,
placing and receiving/reviewing text/SMS messages, digital photography,
accessing websites and applications, including games on a cellular
telephone along with the use of any accessory supported by cellular
telephone. Nothing in this policy prohibits an employee from utilizing
their cell phone at their discretion during their break times, lunch
time and during nonworking hours.
(3)
Employees shall limit the use of cell phones during working hours.
At no point during work time shall an employee use any cell phone
for playing games, surfing the internet, checking personal social
media, or watching any media, videos or shows. Utilizing your personal
cell phone during work hours should be limited to necessary communication
or Borough-work-related calls/messages.
(4)
Employees shall not be wearing air buds or headphones, wireless or
nonwireless, connected to their cell phones to listen to music. It
conveys a negative message to the public and co-workers.
K.
Internet access and electronic mail policy.
(1)
Application of policy. The purpose of this Policy is to establish
guidelines for internet access and electronic mail exchange over the
Borough of Raritan's computer networks. Policy statements as
indicated within this document have been adopted by the Borough of
Raritan and are applicable to all Borough employees using the internet
or the email network. This Policy has been put in place to protect
all Borough employees well as the Borough's interests as a whole.
(2)
Statement of purpose. Access to the internet has been provided to
public employees for the benefit of Raritan Borough and its residents.
It allows employees to connect to information resources around the
state, country and the world, every employee has a responsibility
to maintain and enhance the Borough's public image and to use
the internet in a productive matter. To ensure that all employees
are responsible, productive internet users and are protecting the
Borough's public image, the following guidelines have been established
for using the internet.
(3)
Definition of services. Internet access is defined as the ability
for any personal computer to connect to the worldwide network of computers
known as the internet and to access internet-based applications such
as the world wide web (WWW or web). Electronic mail (email) is the
network of computer hardware and software that permits the sending
and receiving of electronic messages from one personal computer to
another.
(4)
Policy.
(a)
The Borough of Raritan respects the individual privacy of its
employees. However, employee privacy does not extend to the employee's
work-related conduct or to the use government-owned equipment or supplies.
This includes the components that permit Borough employees to connect
to the internet and to utilize the email system.
(b)
All messages created, sent, or retrieved over the internet are
the property of Raritan Borough. The Borough reserves the right to
access and monitor all messages and files on the computer system as
deemed necessary and appropriate. The confidentiality of any messages
should not be assumed. Even when a message is erased, it is possible
to retrieve and read that message. Further, the use of passwords for
security does not guarantee confidentiality. All communications, including
text and images, can be disclosed to law enforcement or other third
parties without prior consent of the sender or the receiver.
(c)
Employees must register each and every password they may use
with the Borough Administrator. Use of any password which is not so
registered is not authorized and will be considered a violation.
(d)
The internet and electronic messaging are not secure. Employees
should assume that all transmissions over the internet via email or
other means are publicly available in-formation which can be intercepted
by individuals other than the intended recipient(s). To promote security,
employees should refrain from sharing passwords or other access codes
with nonauthorized individuals. Each Borough employee is responsible
for actions conducted under his or her email name or internet account.
(e)
Employees accessing the internet are representing the Borough.
All communications should be for professional reasons. Employees are
responsible for seeing that the internet is used in an effective,
ethical, and lawful manner. Databases may be accessed for information
as needed. Email may be used for business purposes only.
(f)
All internet access and email routing is logged and considered
public information.
(g)
The Borough's internet connection and email network are
property of the Borough of Raritan and therefore are under the control
of Borough management. This includes the contents of all email messages,
which are subject to management review at any time, for any reason,
without prior consent. Management has the right to revoke the internet
or email privileges of any individual for any reason.
(h)
The internet should not be used for personal gain or advancement
of individual views. Solicitation of non-Borough business or any use
of the internet for personal gain is strictly prohibited. Use of the
internet for non-Borough business or any use of the internet for personal
business is strictly prohibited. It must not interfere with employee
productivity.
(i)
All employees are responsible for the content of all text, audio,
or images that they place or send over the internet. Fraudulent, harassing,
or obscene messages are prohibited. All messages communicated on the
internet shall have the sender's name attached. No messages will
be transmitted under assumed name. Users may not attempt to obscure
the origin of any message. Information published on the internet shall
not violate or infringe upon the rights of others. No abusive, profane,
or offensive language may be transmitted through the system.
(j)
Notwithstanding the Borough's right to read and retrieve
any electronic mail messages, such messages should be treated as confidential
by other employees and accessed only by the intended recipient. Employees
are not authorized to retrieve or read any email messages that are
not sent to them. Any exception to this policy must receive prior
approval from the Borough Administrator. Employees shall not attempt
to gain access to another employee's messages without the latter's
permission. Any additional computer passwords must be submitted to
the Borough Administrator.
(k)
The Borough's internet connection or email system may not
be used in any way that may be seen as insulting, disruptive, or offensive
by other persons, or harmful to employee morale. Examples of inappropriate
uses include, but are not limited to:
[1]
Sexually explicit or obscene materials or remarks;
[2]
Profane or vulgar language;
[3]
Any comments or materials that may be construed as discriminatory,
insulting or defamatory to others;
[4]
Messages containing unwelcome propositions or love letters;
[5]
Chain letters or other mass electronic mailings;
[6]
Use of the system for political campaigns, endorsements, opinions
or any other political activity;
[7]
Solicitation of funds for commercial, personal, religious or
charitable causes not sponsored by the Borough;
[8]
Promotions of social functions, parties or other non-job-related
activities;
[9]
Personal use on Borough time;
[10]
Use that does not meet the primary goals or interests of the
Borough of Raritan.
(l)
To prevent computer viruses from being transmitted through the
system, there will be no unauthorized downloading of any software.
All software downloads will be done through the Borough Administrator.
(m)
Copyrighted materials belonging to entities may not be transmitted
by Borough employees on the internet. One copy of the copyrighted
material may be downloaded for your own personal use in research.
Users are not permitted to copy, transfer, rename and/or delete information
or programs belonging to other users unless given express permission
to do so by the owner. Failure to observe copyright or license agreements
may result in disciplinary action or legal action by the copyright
owner.
(n)
Harassment of any kind is prohibited. No messages with derogatory
or inflammatory remarks about an individual's or group's
race, religion, national origin, physical attributes, or sexual preference
maybe transmitted.
(o)
Violations of any guidelines listed above will be presented
to the department supervisor and/or Borough Administrator. It may
result in disciplinary action up to and including termination. If
necessary, the Borough will advise appropriate legal officials of
any illegal violations.
L.
Sexual and other harassment policy.
(1)
The Borough of Raritan expressly prohibits any form of unlawful employee
harassment based on race, color, religion, sex, national origin, age,
handicap or disability. Each supervisor is responsible for creating
an atmosphere free of discrimination and harassment, sexual or otherwise.
Further, employees are responsible for respecting the rights of their
co-workers to work in an environment free from all forms of unlawful
discrimination and conduct which can be considered harassing, coercive,
or disruptive, including sexual harassment. Improper interference
with the ability of the Borough's employees to perform their
expected job duties is not tolerated.
(2)
One form of sexual harassment is called "quid pro quo." It includes
unwelcome sexual advances and/or request(s) for sexual favors, submission
to which is either implicitly or explicitly made a condition of employment
or used to make employment decisions, such as promotions, salary increases,
and transfers. Harassment includes verbal or physical conduct of a
sexual nature. Such behavior violates the law as well as the trust
the corporation places in its managerial and supervisory staff.
(3)
Sexual harassment may also take the form of a "hostile work environment."
Unwelcome verbal, nonverbal or physical conduct of a sexual nature
that creates an intimidating or offensive work atmosphere may be considered
a "hostile work environment" when there's behaviors are pervasive
and/or interfere with an individual's work performance. While
this type of sexual harassment may not be linked to any employment
benefit, it may still be considered offensive and will not be tolerated.
It is important to note that co-workers as well as supervisors may
be responsible for creating a hostile work environment.
(4)
With respect to sexual harassment, the Borough prohibits:
(a)
Unwelcome sexual advances; requests for sexual favors; and all
other verbal and/or physical conduct of a sexual or otherwise offensive
nature, especially where:
[1]
Submission to such conduct is made either explicitly or implicitly
a term or condition of continued employment; or
[2]
Submission to or rejection of such conduct is used as the basis
for decisions affecting an individual's employment; or
[3]
Such discriminatory conduct is sufficiently severe or pervasive
so that a reasonable person of the same sex as the offended employee
would believe that the conditions of employment are altered and the
working environment is rendered intimidating, hostile or offensive.
(b)
Sexual harassment in this context includes, but is not limited
to, offensive or unwelcome sexual advances, flirtations, propositions,
comments, jokes, innuendoes, and other sexually oriented statements
about an individual's body or used to describe an individual,
and the display of suggestive pictures or objects in the workplace.
(5)
If you experience any job-related harassment based on your sex, race,
national origin, disability, or another factor or believe that you
have been treated in an unlawful, discriminatory manner, promptly
report the incident to your supervisor, who will investigate the matter
and take appropriate action in conjunction with the Borough Administrator.
If you believe it would be inappropriate to discuss the matter with
your supervisor, you may bypass your supervisor and report it directly
to the Borough Administrator who will undertake an investigation.
If you believe it would be inappropriate to discuss the matter with
your supervisor or the Borough Administrator, you may bypass your
supervisor and the Borough Administrator and report it directly to
the Mayor, who will undertake an investigation. Your complaint will
be kept confidential to the maximum extent possible.
(6)
If the Borough determines that an employee is guilty of harassing
another employee, appropriate disciplinary action will be taken against
the offending employee, up to and including termination of employment.
(7)
The Borough prohibits any form of retaliation against any employee
for tiling a bona fide complaint under this policy or for assisting
in a complaint investigation. Threats, other forms of intimidation,
and/or retaliation against the employee or any other party based on
involvement in the complaint process may be cause for disciplinary
action.
(8)
The Borough is committed to maintaining a heightened awareness of
the personal dignity of others by fostering a work environment free
of sexual and other harassment. If you have any questions regarding
interpretation of this policy or wish to clarify your rights, please
contact the Borough Administrator.
M.
Drug policy/drug testing.
(1)
Drug policy. The Borough of Raritan has a significant interest in
ensuring the health and safety of its employees. In furtherance of
this goal, the Borough has established the following rules and regulations
regarding the Borough has established the following rules and regulations
regarding the use, sale, or possession of illegal drugs or controlled
substances. The obligations set forth in these rules and regulations
constitute conditions of employment.
(2)
Disciplinary action.
(a)
The illegal use, sale, or possession of illegal drugs or controlled
substances on Borough premises constitutes grounds for immediate dismissal.
(b)
The illegal use, sale, or possession of illegal drugs or controlled
substance off duty or off Borough premises constitutes grounds for
immediate dismissal.
(c)
The Borough has discretion to take any other appropriate disciplinary
action short of termination, including assisting employees who have
violated the above rules in recovering from drug dependency. In this
regard, an employee who has violated the above rules may be referred
for counseling and treatment, and the Borough has discretion to determine
whether such a referral is appropriate under the circumstances. That
portion of the cost of enrollment in a counseling/treatment program
that is not covered by the employee's health insurance shall
be borne by the employee.
(d)
The employee acknowledges that enrollment in a counseling/treatment
program is for the purpose of curing a drug dependency or for counseling
an employee against the illegal use, sale, or possession of illegal
drugs or controlled substances. In this regard, any illegal use, sale,
or possession of illegal drugs or controlled substances following
treatment or counseling through a counseling/treatment program will
result in immediate dismissal.
(e)
The legal use of drugs prescribed by a licensed physician is
permitted. However, the employee shall inform the supervisor as soon
as possible about said prescription. If requested by the Borough,
the employee shall be required to obtain from his or her physician
a detailed written explanation of the reasons for the drug being prescribed
and any effect the drug may have on the employee. The Borough has
discretion to deny or terminate employment if it determines that the
legally prescribed drug will adversely affect the employee's
performance or would endanger the health of the employee or the health
or safety of others.
(3)
Drug testing.
(a)
In furtherance of its policy to provide for the health and safety
of its employees and to ensure the health and safety of others, the
Borough has established the following procedure for the testing of
drug use among its employees. The Borough has the right to require
blood and/or urine samples in any of the following situations:
[1]
All applicants for employment may be required to submit blood
and/or urine samples.
[2]
Any current employee who is involved in any accident at work
site or on duty, or is involved in any accident off duty or off Borough
premises that indicates the possible illegal use of drugs or controlled
substances may be required to submit blood and/or urine samples for
testing, at the discretion of the Borough.
[3]
Upon reasonable cause, the Borough has the right to require
that any employee submit blood or urine samples for testing. Such
reasonable causes include but are not limited to a) absenteeism; b)
declining productivity; c) excessive tardiness.
(b)
The Borough reiterates that the rules and regulations of this
policy constitutes conditions of employment. Therefore, refusal to
submit to drug testing as provided for herein constitutes a material
breach of the condition of employment and is grounds for immediate
dismissal.
A.
Reimbursement for expenses. Any employee authorized to expend cash
for Borough supplies or to attend meetings for Borough business will
be reimbursed for legitimate expenses provided the employee presents
a detailed voucher and supporting receipts. Prior to any expenditure
of funds, employees must receive approval from their department heads
for reimbursable travel and expenses. Department heads shall receive
approval from the Administrator. The Borough will not reimburse an
employee for liquor.
B.
Reimbursement for vehicle expenses. Employees may be reimbursed for
net use of their personal vehicle when attending classes, courses
or required meetings for their Borough employment. The reimbursement
rate for mileage shall be at the current rate provided by the IRS
as the allowable limit. The reimbursement request must be accompanied
by a report indicating the date and reason of trip as well as the
number of miles and net miles. Employees that are directed to use
their personal vehicles shall be reimbursed for tolls and parking.
C.
Educational courses. The Borough Administrator or department head
may request an employee to attend a course, seminar, or conference
which is related and/or necessary to the employee's job function.
The Borough shall pay for said course, seminar, or conference. In
instances where the provider of the educational course will not accept
a voucher or purchase order, the employee shall be reimbursed for
tuition of said course. No employee shall attend any course, seminar,
or conference during work hours without authorization of the Administrator.
Any courses that are mandated or part of maintaining licensing or
seeking additional licensing for the benefit of the Borough will be
paid for by the Borough. Borough employees shall be entitled to 1/2
day off for each course/class day for a course that directly applies
to their position with the Borough if the class/course is outside
the normal workday.
All Borough mail is to be handled by current Borough employees
only. Only current Borough employees should take mail to post office
or mailbox and receive and open mail, packages or deliveries on behalf
of the Borough.
