A. 
The Township of Rochelle Park is committed to the principle of equal employment opportunity and anti-discrimination pursuant to Title VII of the 1964 Civil Rights Act as amended by the Equal Opportunity Act of 1972 and the New Jersey Law Against Discrimination (LAD) and all other applicable State or federal laws. Under no circumstances will the Township discriminate on the basis of sex, race, creed, color, religion, national origin, ancestry, age, marital status, affectional or sexual orientation, domestic partnership status, civil union status, atypical heredity, cellular or blood trait, genetic information, disability (including AIDS or HIV infection), liability for service in the United States Armed Forces, gender identity or expression, and/or any other characteristic protected by State or federal law. Accordingly, decisions regarding hiring, promotion, transfer, demotion or termination are based solely on the qualifications and performance of the employee or prospective employee. If any employee or prospective employee feels they have been treated unfairly, they have the right to address their concerns with their Supervisor, or if they prefer, their Department Head, the Township Administrator, Township Clerk or any other Supervisor with whom they feel comfortable, using the Complaint Procedure in the policy against harassment section in this manual.[1]
[1]
Editor's Note: The Harassment Complaint Form is included as an attachment at the end of this chapter.
B. 
Any employee with questions or concerns with any type of discrimination or harassment in the workplace are encouraged to bring these issues to the attention of management through the Complaint Procedure set forth in the policy against harassment contained within this manual.
The Township complies with the New Jersey Law Against Discrimination, the Americans with Disabilities Act and the federal Pregnant Workers Fairness Act ("PWFA"). The Township will not discriminate against any qualified employee or job applicant with respect to any terms, privileges, or conditions of employment because of a person's physical or mental disability, pregnancy, pregnancy-related medical condition, breastfeeding or childbirth. The Township also will make reasonable accommodations wherever necessary for all employees or applicants with disabilities or with known limitations related to pregnancy, childbirth or related medical conditions, provided that the individual is otherwise qualified to safely perform the essential duties and assignments connected with the job and provided that accommodations do not require significant difficulty or expense. The Township's nondiscrimination policy applies to all aspects of the Township-employee relationship, including recruitment, hiring, upgrading, training, promotion, transfer, discipline, layoff, recall, and termination.
A. 
Definitions.
(1) 
The Americans with Disabilities Act defines an individual with a disability as any person who:
(a) 
Has a physical or mental impairment that substantially limits one or more major life activities, such as caring for oneself, walking, seeing, hearing, or speaking;
(b) 
Has a record of such an impairment; or
(c) 
Is regarded as having such an impairment.
(d) 
An individual must satisfy at least one of the three prongs of the above definition to be considered an individual with a disability under the ADA. Temporary conditions, such as a broken leg, are not disabilities, nor are minor impairments, such as vision problems that are correctable with glasses.
(2) 
The New Jersey Law Against Discrimination defines disability as a physical disability, infirmity, malformation or disfigurement which is caused by bodily injury, birth defect or illness including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment or physical reliance on a service or guide dog, wheelchair, or other remedial appliance or device, or any mental, psychological or developmental disability resulting from anatomical, psychological, physiological or neurological conditions which prevents the normal exercise of any bodily or mental functions or is demonstrable, medically or psychologically, by accepted clinical or laboratory diagnostic techniques. Disability shall also mean AIDS or HIV infection.
(3) 
A qualified individual is an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position held or sought. An individual who poses a threat to the health and safety of oneself or to others is not qualified. Reasonable accommodation means any change or adjustment to a job or work environment that does not impose an undue hardship on the Township, or that permits a qualified applicant or employee with a disability to participate in the job application process, perform the essential functions of the job, or enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.
(4) 
The Pregnancy Workers Fairness Act ("PWFA") defines "pregnancy and childbirth" as meaning the pregnancy or childbirth of the specific employee in question and includes, but is not limited to, current pregnancy; past pregnancy; potential or intended pregnancy (which can include infertility, fertility treatment, and the use of contraception); labor; and childbirth.
B. 
Requesting accommodation.
(1) 
Qualified employees or prospective employees with disabilities, or who need accommodations due to pregnancy, childbirth, or related medical conditions, may request accommodations to perform the essential functions of their job or gain access to the hiring process. Employees or prospective employees should direct their written request to the Township. In the written request, the employee or prospective employee should identify themselves as a person with a disability, eligible for protection, or include an explanation of the pregnancy-related limitation and identify the nature of the accommodation or consideration desired.
(2) 
The Township may require the employee to provide adequate medical or other appropriate documentation of the disability or pregnancy or childbirth-related condition and the need for the desired accommodation. The Township will reasonably accommodate the known physical or mental limitation of an otherwise qualified applicant or employee with a disability or employee affected by pregnancy or childbirth unless the accommodation would impose an undue hardship on the Township's business operation.
(3) 
To further the Township's nondiscrimination policy, the Township will:
(a) 
Identify the essential functions of a job;
(b) 
Determine whether a person with a disability, with or without accommodation, is qualified to perform the duties; and
(c) 
Determine whether a reasonable accommodation can be made for a qualified individual.
(4) 
Reasonable accommodations that the Township may provide in connection with modifications to the work environment or adjustments in how and when a job is performed may include the following:
(a) 
Making existing facilities accessible and usable;
(b) 
Job restructuring;
(c) 
Part-time or modified work schedules;
(d) 
Acquiring or modifying equipment or devices;
(e) 
Appropriate adjustment or modifications of testing materials, training materials, and/or policies;
(f) 
Reassignment to a vacant position.
(5) 
In the case of an employee needing accommodations for pregnancy or childbirth, a reasonable accommodation may include the temporary suspension of essential functions and/or modifications or adjustments that permit the temporary suspension of essential functions.
(6) 
In the case of an employee breastfeeding her infant child, the accommodation shall include reasonable break time each day to the employee and a suitable room or other location with privacy, other than a toilet stall, in close proximity to work area for the employee to express breast milk for the child.
(7) 
The Township is also committed to not discriminating against any qualified employee or applicant because he or she is related to or associated with a person with a disability. If any applicant or employee has questions concerning the Township's equal employment opportunity policy, he or she should contact the Township.
The Township is committed to providing a work environment that is free of discrimination. The Township will not tolerate harassment of or by employees towards anyone, including any supervisor, co-worker, or non-employee, including vendors and citizens.
A. 
Applicability. This policy applies to all people employed by the Township, as well as volunteers working on behalf of the Township, and prohibits such conduct by or towards all such employees/volunteers. Independent contractors, vendors and all other parties, engaged in a professional business relationship with the Township are also expected to abide by the policy. In addition, no employee shall be required to withstand behavior from the public which violates this policy.
B. 
Purpose. This policy is designed to ensure all employees a work environment free of any type of discrimination based upon a protected status, including freedom from sexual harassment. The purpose of this policy is to inform employees that harassment based upon a protected status is prohibited, to educate employees about harassment based upon a protected status and to provide employees with a procedure to bring complaints to management's attention.
C. 
Provisions.
(1) 
All employees are expected to avoid any behavior or conduct of a harassing or discriminatory nature. The Township prohibits any form of harassment or discrimination related to an employee's protected group status, including race, creed, color, national origin, ancestry, religion, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, familial status, genetic information, sex, gender identity or expression, disability (including perceived disability, physical, mental, and/or intellectual disabilities), atypical hereditary cellular or blood trait, or because of the liability for service in the Armed Forces of the United States, veteran status, citizenship status, or any other group status protected by law. Harassment includes, but is not limited to:
(a) 
Treating an individual less favorably based on a person's protected group status;
(b) 
Using derogatory or demeaning slurs to refer to a person's protected group status;
(c) 
Calling another by an unwanted nickname which refers to one or more protected group statuses, or telling ethnic jokes that harass an employee or create a hostile work environment;
(d) 
Using derogatory references regarding a protected group status in any job-related communication;
(e) 
Engaging in threatening, intimidating, or hostile acts, in the workplace, based on a protected group status; or
(f) 
Displaying or distributing material in the workplace that contains language or derogatory or demeaning images, based on any protected group status.
(2) 
Any form of harassment or discrimination related to an employee's protected group status violates this policy. A hostile work environment can arise not only from conduct at the workplace, but can also arise from conduct occurring in a work-related context outside of the workplace (i.e., virtually or off-site) and conduct occurring in a non-work related context (i.e., through private phones, computers, or social media accounts) when that conduct impacts the workplace.
(3) 
This policy applies to all employment practices such as recruitment, selection, hiring, training, promotion, transfer, assignment, layoff, return from layoff, termination, compensation, fringe benefits, working conditions and career development.
(4) 
Violations of this policy will result in appropriate disciplinary action up to and including termination of employment.
D. 
Sexual harassment.
(1) 
The Township prohibits sexual harassment of its employees in any form. Such conduct shall result in appropriate disciplinary action up to and including dismissal from employment.
(a) 
Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct, gestures or communications, expressed or implied, of a sexual nature when:
[1] 
Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment; or
[2] 
Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment, or
[3] 
That conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual's employment, or creating an intimidating hostile or offensive employment environment.
(b) 
Prohibited conduct. No supervisory employee shall threaten or insinuate either directly or indirectly, that an employee's refusal to submit to sexual advances will adversely affect the employee's continued employment, evaluation, compensation, assignment, advancement, or any other condition of employment. Similarly, no supervisory employee shall promise or suggest either directly or indirectly, that an employee's submission to sexual advances will result in any improvement in any term or condition of employment for the employee. Other sexually harassing conduct in the workplace, whether committed by supervisory or non-supervisory personnel is also prohibited. This includes, but shall not be limited to:
[1] 
Sexual flirtations, advances, propositions, subtle pressure for sexual activity, flirtatious whistling, discussing sexual activities;
[2] 
Verbal abuse of a sexual nature including sexually oriented "kidding" or "teasing," "practical jokes," jokes about gender-specific traits, and foul or obscene language or gestures;
[3] 
The display of sexually graphic pictures or pictures of an offensive nature, or objects in the workplace, including sexually suggestive written material such as letters, notes, facsimiles, text messages and e-mails;
[4] 
Any unwelcome sexually motivated touching, including, for example, patting, pinching, hugging, cornering, blocking or impeding movement and repeated brushing against another employee's body.
(c) 
Sexual harassment also occurs when one person harasses another solely because of the victim's gender. This type of sexual harassment may involve unwelcome sexual demands or overtures, but it may also take the form of other harassing conduct not necessarily sexual in nature. For example, this would include gender stereotyping such as comments about the lesser abilities, capacities, or the "proper role" of females. It also includes subjecting a woman or a man to non-sexual harassment solely because of her or his gender. Sexual harassment is prohibited whether the harasser is male or female, and whether the harassment is opposite sex or same-sex harassment.
E. 
Complaint procedure. Any employee who feels he or she has been subject to harassment should report the incident directly to the designated Affirmative Action Officer. The designated Affirmative Action Officer will ask the employee to complete a Harassment Complaint Form.[1] Employees, however, are not required to complete the complaint form to initiate a harassment complaint under this policy.
(1) 
Alternatively, any employee who feels he or she has been subject to harassment should report the incident directly to the Chief Administrative Officer. The Chief Administrative Officer will ask the employee to complete a Harassment Complaint Form. Employees, however, are not required to complete the complaint form to initiate a harassment complaint under this policy. The names and telephone numbers of the designated Affirmative Action Officer and Chief Administrative Officer are contained in the Contact Information attached to this policy.
(2) 
Any individual uncomfortable reporting an incident to the designated Affirmative Action Officer and/or Chief Administrative Officer should feel free to go to any management representative which he or she feels most comfortable to relay the problem. When any management representative learns of a violation of this policy, the management representative shall assist the victim in reporting the alleged incident(s) of harassment.
(3) 
All Township employees should notify the alleged harasser that the behavior in question is thought to be offensive and unwelcome. However, failure to inform the alleged harasser that the behavior is unwelcome does not prevent the victim from filing a complaint pursuant to this policy. The harassment or discrimination does not have to occur on the Township's property during regular work hours for an employee to file a complaint under this policy.
(4) 
The Township strongly encourages employees who witness conduct which they believe violates the Township's Policy Against Harassment to report the violation pursuant to this complaint procedure. The Township encourages the prompt reporting of complaints so that rapid response and appropriate action may be taken. Any complaint should be reported within 60 days to be considered current.
(5) 
Nevertheless, due to the sensitive nature of these problems, all complaints will be investigated, regardless of when they are filed.
[1]
Editor's Note: The Harassment Complaint Form is included as an attachment at the end of this chapter.
F. 
Investigation procedure. The Township shall conduct an investigation into the harassment complaint to determine the merits of the allegations. The designated Affirmative Action Officer and/or Chief Administrative Officer shall designate an objective investigator to determine the validity of any complaint. The objective investigator may include any third party deemed appropriate.
(1) 
The investigation shall be completed in a reasonable time to resolve the issue and minimize the effects of such investigation on the parties involved. The investigation will, at a minimum, include an interview with the employee bringing the complaint and the accused.
(2) 
If the Township determines that the complaint has merit, the accused shall face appropriate disciplinary action based upon the severity of the complaint and any prior history of past charges against the individual. Disciplinary action may include a written warning, suspension, demotion, and/or termination of employment. Any disciplinary action shall be consistent with applicable collective bargaining agreements, regulations and applicable due process safeguards. Upon completion of the investigation, the entire file shall be maintained in a secure location with the Township.
(3) 
In the event that the Township determines the complaint to be intentionally dishonest, appropriate disciplinary action may be taken against the employee who caused the complaint to be filed.
G. 
Privacy. To the extent possible, all persons involved in a harassment complaint will be given the utmost protection of privacy. Specifically, the Township will strive, both during and after the investigation, to maintain confidentiality to the fullest extent possible, including confidentiality of the identities of all persons involved or alleged to be involved in the incident, revealing only those particulars of the matter to the extent necessary for a thorough investigation. Any employee who unnecessarily compromises the confidentiality of an investigation will be subject to appropriate discipline.
H. 
Responsibility of supervisory personnel.
(1) 
Supervisors are to monitor the work environment to ensure that all subordinates comply with this policy against harassment. When a supervisor learns of a violation of this policy, the supervisor shall assist the victim in reporting the alleged incident(s) of harassment.
(2) 
Alternatively, the supervisor shall report the matter to the designated Affirmative Action Officer and/or Chief Administrative Officer for resolution.
I. 
Retaliation prohibited.
(1) 
The Township encourages victims of harassment to bring their complaints to management by ensuring that no reprisals or retaliation will result from the good faith reporting of harassment. The filing of a complaint, in good faith, shall not, under any circumstances provide cause for discipline. Additionally, it is a violation of this policy for any personnel to retaliate against another because he or she filed a complaint or otherwise participated in the complaint procedure.
(2) 
Any supervisor who receives a harassment complaint from any employee must bring it to the attention of the designated Affirmative Action Officer and/or Chief Administrative Officer for resolution. Supervisors shall closely monitor the work environment for any forms of retaliation once an allegation has been made. This will include but not be limited to verbal remarks, irregular assignments or any other activity that may contribute to a hostile work environment.
J. 
Legal effect. This policy against harassment is to be construed as a unilateral expression of the policy of the Township concerning harassment in the workplace. It is not intended to create any contractual rights or duties and any such intention or effect is hereby disclaimed. This policy may be amended, supplemented, modified and/or revised at any time. Any employee with questions regarding the Township's policy against harassment should contact the designated Affirmative Action Officer and/or Chief Administrative Officer.
K. 
Training. The Township recognizes the need to reinforce its policies with effective training. Training is to be provided to all supervisory and non-supervisory employees. Ultimately, the goal of effective training is to build a culture in which all employees feel safe. Training may be conducted in person or through electronic means. To the extent economically and operationally feasible, training should be conducted live whenever possible. Training should empower participants to intervene appropriately when they witness harassment or discrimination. This means not only training participants on the requirements of the policy prohibiting harassment and discrimination, but also training participants on tools for response and lodging complaints. Training should emphasize the negative impact of harassment and discrimination on employees, workplace productivity, workplace culture, and encouraging those employees who either experience harassment/discrimination or witness it to report it.
L. 
Monitor for compliance. The Township acknowledges the importance of ensuring that Townships' policies and procedures are actually working as intended to prevent sexual harassment and other forms of discrimination from occurring in the workplace. It is the expectation of the Township that all supervisors shall enforce anti-harassment policies and that setting the proper example is part of their job description and part of the evaluation of their job performance. The Township will engage in proactive efforts to monitor and ensure compliance with its policies within their workplaces.
Contact Information
TOWNSHIP OF ROCHELLE PARK:
1. CHIEF ADMINISTRATIVE OFFICER:
Dean M. Pinto
Township Administrator
2. AFFIRMATIVE ACTION OFFICER:
Dean M. Pinto
Township Administrator
The Township has adopted a zero tolerance policy for workplace violence because it recognizes that workplace violence is a growing problem nationally that needs to be addressed by all Townships. Consistent with this policy, acts or threats of physical violence, including intimidation, harassment, and/or coercion which involve or affect the Township, its employees or which occur on the Township's property will not be tolerated.
A. 
Threats or acts of violence defined. "Threats or acts of violence" include conduct against persons or property that is sufficiently severe, offensive, or intimidating to alter the employment conditions with the Township, or to create a hostile, abusive, or intimidating work environment for one or more employees.
B. 
Examples of workplace violence. General examples of prohibited workplace violence include, but are not limited to, the following:
(1) 
All threats or acts of violence occurring on Township property, regardless of the relationship between the Township and the parties involved in the incident.
(2) 
All threats or acts of violence not occurring on Township property but involving someone who is acting in the capacity of a representative of the Township.
(3) 
All threats and acts of violence not occurring on Township property involving an employee of the Township if the threats or acts of violence affect the legitimate interest of the Township.
(4) 
Any threats or acts resulting in the conviction of an employee or agent of the Township, or of an individual performing services on the Township's behalf on a contract or temporary basis, under any criminal code provision relating to threats or acts of violence that adversely affect the legitimate interests and goals of the Township.
C. 
Specific examples of prohibited conduct.
(1) 
Specific examples of conduct which may be considered "threats or acts of violence" prohibited under this policy include, but are not limited to:
(a) 
Hitting, fighting, pushing, or shoving an individual or throwing objects;
(b) 
Threatening to harm an individual or his/her family, friends, associates, or their property;
(c) 
The intentional destruction or threat of destruction of property owned, operated, or controlled by the Township;
(d) 
Making harassing or threatening telephone calls, letters or other forms of written or electronic communications;
(e) 
Intimidating or attempting to coerce an employee to do wrongful acts that would affect the business interests of the Township;
(f) 
Harassing surveillance, also known as "stalking," the willful, malicious and repeated following of another person and making a credible threat with intent to place the other person in reasonable fear of his or her safety;
(g) 
Making a suggestion or otherwise intimating that an act to injure persons or property is "appropriate," without regard to the location where such suggestion or intimation occurs;
(h) 
Unauthorized possession or inappropriate use of firearms, weapons, or any other dangerous devices on Township property.
(2) 
While employees of the Township may be required as a condition of their work assignment to possess firearms, weapons or other dangerous devices, employees are to use them only in accordance with departmental operating procedures and all applicable state and federal laws.
D. 
Application of prohibition. The Township's prohibition against threats and acts of violence applies to all persons involved in the Township's operation, including but not limited to Township personnel, volunteer, contract and temporary workers, and anyone else on Township property. Violation of this policy by any individual on Township property, by any individual acting as a representative of the Township while not on Township property, or any individual acting off of the Township property when his or her actions affect the public interest or the Township's business interests will be followed by legal action, as appropriate. Violation by an employee of any provision of this policy may lead to disciplinary action up to and including termination.
E. 
Warning signs, symptoms and risk factors.
(1) 
The following are examples of warning signs, symptoms, and risk factors which MAY indicate an employee's potential for workplace violence:
(a) 
Making intimidating statements like: "You know what happened at the Post Office," "I'll get even," or "You haven't heard the last from me;"
(b) 
Possessing reading material with themes of violence, revenge and harassment;
(c) 
Dropping hints about a knowledge of firearms;
(d) 
Physical signs of hard breathing, reddening of complexion, menacing stare, loudness, fast profane speech;
(e) 
Acting out either verbally or physically;
(f) 
Disgruntled employee or ex-employee who is excessively bitter;
(g) 
Having a romantic obsession with a co-worker who does not share that interest;
(h) 
History of interpersonal conflict;
(i) 
Intense anger, lack of empathy;
(j) 
Domestic problems, unstable/dysfunctional family;
(k) 
Brooding, depressed strange behavior, "time bomb ready to go off."
(2) 
Supervisors should be alerted to and aware of these indicators. If an employee exhibits such behavior, the employee should be monitored and such behavior should be documented.
F. 
Procedures for dealing with acts of workplace violence.
(1) 
When a violent act occurs in the workplace: If a violent act or altercation constitutes an emergency, call 9-1-1 or the local police department. In instances that are not emergency situations, contact your Department Head or the designated human resources official. If possible, separate the parties involved in the violent altercation. If the parties cannot be separated, or if it would be too dangerous for the employee to separate the parties, call 9-1-1 or the local police department, and contact your Department Head or the designated human resources official. The Department Head will contact the designated human resource officer, who will take responsibility for coordinating a response to the incident.
(2) 
In instances that involve criminal situations, the designated human resources official will contact the appropriate local police department for assessment, and if necessary, a criminal investigation.
G. 
Employee reporting obligations and procedure. Each employee and every person on Township property is encouraged to report incidents or threats or acts of physical violence of which he or she is aware. In cases where the reporting individual is not an employee, the report should be made to the local police department. In cases where the reporting individual is an employee, the report should be made to the employee's Department Head or the designated human resources official. Each Department Head shall promptly refer any such incident to the designated human resources official.
(1) 
The Township will promptly and thoroughly investigate all reports of threats of (or actual) violence and/or suspicious individuals or activities. Any individual determined to be responsible for conduct in violation of this policy will be subjected to disciplinary action up to and including termination of employment, arrest and prosecution.
(2) 
Nothing in the policy alters any other reporting obligation established in the Township's policies or in state, federal or other applicable law.
H. 
Confidentiality and retaliation. This policy prohibits retaliation against any employee who, in good faith, reports a violation of this policy. Every effort to the extent practicable will be made to protect the safety and identity of anyone who comes forward with concerns about a threat or act of violence. Employees shall refer any questions regarding his or her rights and obligations under the policy to the designated human resources official.
A. 
As a matter of policy, the Township abides by all federal, State, and local laws, rules, and regulations applicable to it and has all its employees do the same. Every employee is responsible for assisting the Township in implementing this policy.
B. 
A violation of this policy should be reported to an employee's Department Head in writing, signed by the employee. If that is not practical or if that action is taken but does not prevent or correct the perceived violations, the employee is to deliver a written statement, signed and dated to the designated human resources official. The written statement should detail the specific information the employee possesses so that the Township may undertake an investigation.
C. 
The Township or any of its employees will not retaliate against any employee who makes a good faith report pursuant to this policy, even if an investigation reveals that no violation occurred. More specifically, neither the Township nor any of its employees will take any retaliatory action or tolerate any reprisal against an employee who:
(1) 
Discloses, or threatens to disclose, to a supervisor or to a public body an activity, policy or practice of the Township or another Township, with whom there is a business relationship, that the employee reasonably believes is in violation of a law, or a rule or regulation issued under the law, or, in the case of an employee who is a licensed or certified health care professional, reasonably believes constitutes improper quality of patient care;
(2) 
Provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation issued under the law by the Township or another Township, with whom there is a business relationship, or, in the case of an employee who is a licensed or certified health care professional, provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into quality of patient care;
(3) 
Provides information involving deception of, or misrepresentation to, any shareholder, investor, client, patient, customer, employee, former employee, retiree or pensioner of the Township or any government entity;
(4) 
Provides information regarding any perceived criminal or fraudulent activity, policy or practice of deception or misrepresentation which the employee reasonably believes may defraud any shareholder, investor, client, patient, customer, employee, former employee, retiree or pensioner of the Township or any governmental entity;
(5) 
Objects to, or refuses to participate in, any activity, policy or practice which the employee reasonably believes:
(a) 
Is in violation of a law, or a rule or regulation issued under the law or, if the employee is a licensed or certified health care professional, constitutes improper quality of patient care;
(b) 
Is fraudulent or criminal; or
(c) 
Is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment. See N.J.S.A. 34:19-3.
(6) 
Disclosure to the Township first, however, is not required where:
(a) 
The employee is reasonably certain that the violation is known to one or more officials;
(b) 
Where the employee reasonably fears physical harm; or
(c) 
The situation is emergent in nature.
D. 
The employee must give the Township a reasonable opportunity to correct the activity, policy or practice. It is the Township's responsibility to correct or prevent such violations. This is a legal obligation and a practical necessity. A violation can taint the credibility of the Township and cause the Township and its employees to be subjected to adverse publicity leading to public distrust.
E. 
This policy is important to the Township. Each employee should seek to resolve any problem within Township channels before reporting it to any outside person or entity.