Township of Rochelle Park, NJ Article V Personnel Rules and Regulations

§ 27-27 Appearance.

A. Each employee is expected to dress appropriately for the job. The following factors are relevant to determining appropriate dress:

(1) Nature of work;

(2) Safety, including necessary precautions when working with or near machinery;

(3) Nature of employee contact with the public and the normal expectations of outside parties toward employees;

(4) Practices of others in similar jobs;

(5) Consideration of the image the Township wishes to project.

B. This policy incorporates by reference all references to uniform and dress contained in all collective negotiations agreements in force between the Township and its employees. Failure to abide by the terms of such agreements shall be deemed improper conduct.

C. Additionally, some departments may have more detailed and restrictive rules governing appearance. Employees are required to abide by applicable department rules.

§ 27-28 Absenteeism and tardiness.

A. Regular attendance at work, reporting on time, and completing the required hours of work are necessary for each employee so that the Township may meet its commitments to its residents. Employee absences place an additional burden on the remaining work force and seriously affect the Township's ability to service its residents. Management recognizes that circumstances beyond the employee's control may cause him or her to be absent from work for all or part of a day. The Township, however, will not tolerate unexcused absence or tardiness.

B. All employees are expected to come to work regularly and on time and to promptly notify their immediate supervisor or other management designee by personal telephone conversation when they are unable to do so. Unless prevented by specific circumstances, the employee must provide notification at least one hour prior to the beginning of work for his or her position. In twenty-four-hour shift operations, notice must be given a minimum of one hour before the employee's starting time, unless extenuating circumstances prevent such notification.

C. Attendance and punctuality will be considered, among other factors, in the employee's performance review. If an employee needs to leave work early, the employee must receive permission from his or her supervisor to leave prior to the regularly scheduled departure time. An employee who is absent from duty for five or more consecutive working days without approval or notification or fails to return to work for five or more consecutive working days following an approved leave of absence shall be deemed to have voluntarily resigned from their employment.

D. To minimize the negative impact on both employees and residents, the Township will regularly review employee time records to identify chronic absenteeism and/or tardiness problems. Employees who exhibit attendance and/or tardiness problems will be subject to established progressive disciplinary procedures.

§ 27-29 Alcohol and drug-free workplace.

All applicants for positions that require a CDL license and all employees whose job requires them to possess a CDL license shall be excluded from this Alcohol and Drug-Free Workplace policy. Instead, these employees are governed by federal and state regulations, as well as the attached CDL Drug and Alcohol Testing Policy (Appendix A[1]). Employees hired with the understanding that they must obtain a CDL license will be covered under this Alcohol and Drug-Free Workplace Policy until they obtain their CDL license.

A. Your role and responsibilities.

(1) Drug-free workplace.

(a) The Township of Rochelle Park is committed to maintaining a safe, pleasant, and productive working environment. You have the right to come to work without fear of interacting with someone under the influence of drugs or alcohol. This is considered a Health & Safety Policy of the Township of Rochelle Park. This Policy highlights the Township of Rochelle Park's New Jersey Drug-Free Workplace Policy.[2] The Township of Rochelle Park's Designated Township Representative (DER) is the Township Administrator. The Alternative DER is the Clerk.

[2] Editor's Note: The Alcohol and Drug-Free Workplace Policy is included as an attachment at the end of this chapter.

(b) The Township of Rochelle Park recognizes the prime importance to the Township of Rochelle Park of protecting the safety, health and welfare of its employees and others with whom we interface such as citizens, contractors and members of the public. The objective of this policy is to maintain a working environment free from the adverse effects of substance abuse. While the Township of Rochelle Park has no intention of intruding into the private lives of its employees, the Township of Rochelle Park does expect employees to report to work unimpaired able to perform the duties of their job safely and effectively. In addition to absenteeism and accidents, substance abuse can adversely affect performance, productivity and workplace morale. Co-workers may feel that they have to cover up, or work harder because of someone's substance abuse. Ultimately an employee with an alcohol or drugs problem may lose their job and/or suffer devastating effects on their health. The Township of Rochelle Park has a duty to safeguard its employees and the public from the risk of harm from employees who work under the influence of alcohol and drugs. Similarly, employees who are working under the influence, and employees who know that a fellow employee is working under the influence, owe such a duty. The failure to honour that duty by taking the right steps to prevent this risk can result in legal liability. All employees and contractors are responsible and accountable for ensuring that they, and their employees, are not under the influence of alcohol or drugs when carrying out work for the Township of Rochelle Park. Managers and supervisors are responsible for taking appropriate action where they identify individuals who are at work while under the influence of alcohol or drugs. They should also take appropriate action to protect the health and safety of individuals who may be affected.

(c) To the extent this policy supplements, and does not conflict with current collective bargaining agreements, it is applicable. However, to the extent this policy may conflict with a current collective bargaining agreement (CBA), the CBA shall prevail.

(d) All testing information is considered confidential information by the Township of Rochelle Park and will be maintained in a separate file along with the employee's medical records, separate from other personnel files. An employee has the right to inspect and obtain a copy of his or her drug test results. Drug testing information will only be released to those employees of the Township of Rochelle Park with a job related need to know, the DER and Alternate DER, to defend against any administrative action brought by the employee against the Township of Rochelle Park in grievance or arbitration proceeding under the terms of a collective bargaining agreement, in a court of law under subpoena, as released by the employee in writing, the MRO, Township of Rochelle Park insurers, rehabilitation programs and as otherwise required by law. Our Drug-Free Workplace Policy does not tolerate the abuse of drugs or alcohol in the workplace. Understand that this policy prohibits illegal drug use on or off the job. We encourage any employee suffering from a substance abuse problem to seek help. If you need help, we can direct you to our Employee Assistance Program (EAP) substance abuse professional (SAP) for a confidential evaluation and referral for substance abuse treatment if necessary. Notice of the Township of Rochelle Park's New Jersey Drug-Free Workplace testing will be provided on vacancy announcement and is posted in conspicuous locations on Township of Rochelle Park premises.

(e) Our program can help improve your health and help you avoid trouble with the law. Even if you do not use drugs or alcohol, this program will make your workplace safer and more productive, the Township of Rochelle Park safer, and will help your friends and co-workers get the help they need. Compliance with this policy is a condition of your hire or continued employment, except to the extent this policy may conflict with a current collective bargaining agreement (CBA), which CBA shall prevail. The Township of Rochelle Park has developed its drug-free workplace policy in compliance with New Jersey Laws, and the Fourth Amendment to the United States Constitution as it covers employees of governmental entities. Applicant testing will begin immediately and 60 days after the effective date of Township of Rochelle Park all employees are subject to testing as outlined below. The existing drug and alcohol testing program will remain in place until the effective date of this program.

(2) Who do we test?

(a) All employees performing safety-sensitive functions, and all final applicants for positions where safety-sensitive functions are performed, and all other employees where reasonable suspicion exists. All DOT regulated employees are also subject to testing under this policy. Using the criteria below, the following positions have been classified by the Township of Rochelle Park as safety-sensitive: Police Department (subject to Attorney Generals Guidelines, Fire Department and DPW employees. Elected officials who are not otherwise classified as employees are not subject to testing under this policy.

(3) Safety-sensitive classifications.

(a) Safety-sensitive employees are those employees who discharge duties fraught with risks of injury to others that even a momentary lapse of concentration can have disastrous consequences. Factors which have been considered in determining whether a position is safety sensitive include handling of potentially dangerous machinery, sharp objects, working at heights, positions requiring a high level of cognitive function, mostly unsupervised responsibility for children, and handling of hazardous substances in an environment where others could be injured. Positions which have been found to be safety-sensitive include firefighters, emergency medical technicians, law enforcement officials who carry firearms, fire and police dispatchers, 911 operators, heavy machinery operators, forklift operators, bus drivers, some (but not all) transportation workers, pipeline operators, gas meter repairmen, jail officers, and those involved in security functions. All Department of Transportation (DOT) regulated employees are determined to be safety-sensitive by those regulations. Unless an employee comes under drug testing regulations of some federal agency, each position, job classification or department, should be individually evaluated to determine whether the employee is safety-sensitive in accordance with the above guidelines. (Attach safety-sensitive job classifications on separate sheet if necessary.)

(4) How do we test?

(a) Drug and alcohol testing is done through chemical analysis which determines without question if a person has drugs or alcohol in his or her system and in conformity with regulations of the New York Department of Health, New Jersey Department of Health, or CLIA. Specimens subject to testing include urine, breath, hair, oral fluids, or blood. Specimen collections, chain of custody and drug and alcohol tests will be in substantial compliance with the U.S. Department of Transportation (DOT) procedures if applicable to the type of specimen being tested. To ensure accuracy, urine lab test procedures shall include a preliminary drug screening, two highly sophisticated scientific tests including adulterant detection, and are reported to an independent certified Medical Review Officer prior to being released to the Township of Rochelle Park. Observed urine collections will only be conducted with the consent of the donor, and the observer will be by a person whose gender matches the donor's gender as identified by the donor at the beginning of the observed collection. Observed collections will be conducted in a professional manner that minimizes discomfort to the donor, and a medical professional may serve as the monitor, regardless of gender. The Medical Review Officer may recommend the collection of an alternate specimen (e.g., oral fluid) when a donor is unable to provide a sufficient amount of urine specimen at the collection site. The MRO will verify that chain of custody procedures were adhered to, use of a certified laboratory and that the test results were valid. The Township of Rochelle Park provides reasonable accommodations to employees and/or applicants in the alcohol and drug testing program whose physical condition prevents them from producing a urine specimen suitable for testing. You may contact the DER if you wish to make an accommodation request. In accordance with Township of Rochelle Park policy, a test result reported by the laboratory as a negative dilute urine test is not considered a negative test but subjects the donor to immediate retesting; and a second negative dilute urine test will render an applicant ineligible for hire and current employees, where a negative test is required, not currently fit for duty. FDA approved on-site screening devices may be utilized with all initial positive results confirmed by laboratory testing.

(b) All positive initial tests are confirmed by GC/MS at established DOT cut off levels. An alcohol content of 0.04 or higher using a DOT approved alcohol screening device, or breath alcohol device, is classified as a positive test. The drugs tested for may include all or some of the following: (1) amphetamines; (2) cannabinoids; (3) cocaine; (4) phencyclidine (PCP); (5) opioids, designer drugs, or a metabolite of any of the above substances and mind altering synthetic narcotics or designer drugs, or impairing effect medications or substances, taken by employees working in a safety-sensitive classified position, in order for the Township to fulfill its duty to provide a safe place to work as a safety rule. The term "illegal use of drugs" includes any controlled or scheduled drug not used in accordance with a health care provider's lawful prescription for the user, or any substances banned by federal or applicable state laws.

(5) What if you test positive?

(a) The Medical Review Officer will contact you confidentially to give you an opportunity to discuss your results before reporting them to the Township of Rochelle Park as a verified positive. You may discuss the result with the MRO up to 72 hours after a positive result and ask questions of the MRO about prescription and nonprescription medications, rebut or explain the test results to the MRO, and provide supporting documentation. During this seventy-two-hour period, any applicant or employee may request that their split specimen be tested at a second laboratory and if positive, they will be responsible for that expense and that cost may be deducted from their paycheck, depending upon the result and, if negative, the employee will be reimbursed by the Township of Rochelle Park for the cost of the test and any lost time. Under federal regulations, the MRO has the discretionary authority to notify the Township of Rochelle Park that an employee is temporarily medically disqualified from the performance of safety-sensitive work during this evaluation period and also has the duty to notify the Township of Rochelle Park if the employee is taking an impairing effect medication. A positive drug or alcohol test is classified as willful misconduct and a violation of the Township of Rochelle Park's policy. Any employee who tests positive, or refuses to be tested, may be subject to appropriate disciplinary action for engaging in willful misconduct connected with work, up to and including immediate termination, for gross misconduct connected with work, and violation of a safety rule for those employees working in a safety-sensitive position and/or forfeit eligibility for worker's compensation benefits N.J. Stat. Ann. § 34:15-7 if post-accident and may adversely affect an employee's eligibility to receive unemployment compensation benefits. Any applicant made a conditional offer that tests positive, or refuses to be tested, will be denied employment or have their offer withdrawn.

(6) What if you fail to follow safety guidelines?

(a) Often times, impairment from drugs or alcohol will cause an employee to fail to adhere to safety guidelines and other common sense safe working practices. Failure to wear a seatbelt, failure to use Township of Rochelle Park provided or required safety equipment, failure to follow safety guidelines, or removal (or disabling) of a safety guard will be willful misconduct connected with work, and subject the employee to discipline, up to and including discharge for violation of Township of Rochelle Park policy.

(7) What about impairing effect medications or substances?

(a) Any employee working in a safety-sensitive position as defined by Township of Rochelle Park policy is required, as a safety rule, to preduty disclosure that they are taking or using any impairing effect prescription, including medical marijuana, over-the-counter medications, mind altering synthetic or designer drugs or other substance which may have an effect on performance of safety-sensitive duties. This includes medical and recreational marijuana, the use of which the Township of Rochelle Park, for safety reasons, will not be able to accommodate employees working in safety-sensitive positions. However, for employees who are qualifying medical marijuana cardholders reporting to work in those states which have statutory antidiscrimination against the use of medical marijuana laws, qualifying employees, and applicants, may request a reasonable accommodation by contacting the DER and such request will be considered. If the fact that the employee is taking or using an impairing effect medication or substance is not disclosed preduty by a safety-sensitive employee and the employee tests positive, is otherwise determined to be taking or using such, or is determined by the MRO to be a potential safety risk due to taking or using an impairing effect medication or substance, that employee will be subject to discipline, up to and including termination, for violation of this safety rule. If disclosure is made, the Township of Rochelle Park reserves the right to send the employee for a fitness-for-duty evaluation to evaluate the medication or substance and its effects on the performance of safety-sensitive duties. In advance of testing, employees are encouraged to have their own doctor make an individualized assessment of any safety-related risks of the medications or substances which they are taking or using, providing the doctor a copy of their job description and having the doctor render an opinion on the safety-related risks. The employee need not disclose to the Township of Rochelle Park the medication or medical condition involved to fulfill the disclosure obligation of this policy. All information provided will be kept separate from personnel files and in a confidential manner. The MRO, or another medical professional selected by the Township of Rochelle Park, will make the final determination on the safety-related risks of any particular medication or substance.

(8) What if an adulterant is found?

(a) The use of an adulterant (something added to a specimen to attempt to hide drug use) is considered a refusal to test and a violation of the policy. The same would be true if you attempted to substitute a specimen. Any employee who is found to have violated this policy by attempting to defraud a drug or alcohol test may be subject to appropriate disciplinary action, up to and including termination for willful misconduct connected with work, or withdrawal of a job offer. No last chance opportunity is available under such a circumstance. It is a criminal offense to substitute or adulterate a test specimen. It also is a criminal offense in New Jersey to manufacture, sell, give away, or possess any device or substance designed or commonly used to substitute or adulterate a test specimen. N.J. Stat. Ann. § 2C:36-10. The MRO may declare a urine specimen to be adulterated or substituted based on the laboratory report.

(9) What if i refuse?

(a) A refusal to provide a specimen for testing, unless the MRO agrees a medically valid reason exists for your inability, will be considered willful misconduct connected with work. Such willful misconduct connected with work will cause an applicant's offer to be withdrawn and will subject an employee to immediate termination for cause. Under New Jersey law, unemployment compensation benefits may not be available in such a circumstance. Failure to report for specimen collection within a reasonable time, two hours, of being directed to do so is also classified as a refusal under the Township of Rochelle Park policy.

(10) Drug educational information.

(a) Attached to this policy you will find drug educational information[3] to assist you in recognizing the impairing effects of drug use. The Township of Rochelle Park will conduct employee education of substance abuse education and awareness and supervisor training on how to recognize signs of abuse, how to document and collaborate signs of employee substance abuse, and how to refer substance abusing employees to the EAP.

[3] Editor's Note: See Subsection B.

(11) What if you have a substance abuse problem?

(a) The Township of Rochelle Park will provide support for employees who need support and help with alcohol or drug dependency via confidential Employee Assistance Program (EAP), substance abuse professional (SAP) or medical/occupational health support services. Employees who proactively seek treatment will be treated sympathetically and in a confidential manner. In certain cases, this may require a transfer to other duties (e.g., where a person is working in a safety critical role) while the individual is receiving treatment. However, the fact that an employee is seeking or undergoing treatment will not be a defence to a charge of wilful misconduct if the employee reports for work under the influence of alcohol or drugs. Our policy encourages any employee with a drug or alcohol problem to voluntarily and confidentially seek help through our EAP/SAP program. Coming forward after you have been notified to report for testing is not considered a voluntary report. For confidential help with a substance abuse problem, contact the DER or the EAP/SAP. Counseling and rehabilitation for alcohol or substance abuse is available through the EAP, and may also be available under the health and welfare benefit program for employees, only to the extent of the current benefits package. The Township of Rochelle Park will assume no direct financial responsibility for counseling or rehabilitation costs of an employee, not covered by the EAP. Any costs in addition to or in excess of any available health benefits are the employee's responsibility. A list of state and national substance abuse resources is a part of this policy.

(12) What about a last chance opportunity?

(a) No last chance opportunity is available to a probationary, part-time or temporary employee, or in the case of refusal, attempted adulteration, substitution, switching, tampering with, or diluting of a specimen or attempt to defraud a drug test. Employees who receive an EAP/SAP evaluation favorable for rehabilitation may be offered a last chance agreement which will subject the employee to unannounced follow-up testing for up to 12 months, together with other educational and counseling requirements as recommend by the EAP/SAP. A negative return to duty test is required to be placed back on active duty. A positive test, refusal or failure to comply with any term of the last chance agreement during this follow-up period will subject the employee to immediate termination.

(13) Why and when do we test?

(a) Preemployment. Drug testing will be performed on all final applicants for safety-sensitive positions, or who transfer into a safety-sensitive position, as a condition of their employment.

(b) Routine fitness-for-duty. Safety-sensitive employees may be required to submit to a drug test as part of a routine fitness-for-duty examination and may be based on a particular job classification.

(c) Reasonable suspicion. All employees will be required to submit to a drug and/or alcohol test if the Township of Rochelle Park has a reasonable suspicion that an employee is under the influence of drugs or alcohol, which adversely affect or could adversely affect the employee's job performance. Employees selected for testing shall be suspended until a negative drug/alcohol screen or laboratory test result is received. If a negative result, the employee will not suffer a loss of pay.

(d) Post-accident/incident testing. Testing of a safety-sensitive employee may be conducted under any of the following circumstances: 1) the employee involved in the incident/accident was actively engaged in the activity which objectively could have caused or contributed to the injury or damage; or 2) the employee was operating, controlling, or repairing any machinery, tool, device, equipment or vehicle that was involved in the incident/accident; or 3) the employee's action or inaction was likely a contributing factor to the incident/accident or cannot be completely discounted as a contributing factor based on current info; or 4) testing is being conducted as part of the Township of Rochelle Park's post incident/accident investigation related to possible workers' compensation disqualification; or 5) testing is being conducted for other non-injured employees whose actions, or inaction, could have contributed to the incident/accident as part of a root cause investigation; or 6) post-accident drug testing is required by the workers' compensation carrier or fund.

(e) Random. Employees in safety-sensitive positions are subject to random drug testing. Those subject to testing are randomly selected, using scientifically valid methods, from a "pool" of covered employees. Non-DOT safety-sensitive employees may be included in a non-DOT testing "pool." DOT regulated employees should only be placed in a DOT testing "pool."

(f) Rehabilitation/follow-up. An employee who has voluntarily requested rehabilitation prior to a positive drug test may be subject to unannounced drug and/or alcohol testing under a work continuation agreement, to determine whether he or she is under the influence of alcohol or drugs after successful completion of the rehabilitation program. The testing will be without notice in conjunction with a referral for treatment.

(14) Policy prohibitions.

(a) Employees, applicants and contractors for the Township of Rochelle Park are strictly prohibited from engaging in the following conduct:

[1] With respect to illegal drugs, employees and applicants violate this policy by engaging in the following conduct, whether or not during work time or on Township of Rochelle Park premises or property and are subject to discipline up to and including discharge, or rejection of the application for employment, or cancellation of contractual agreements:

[a] Testing positive in a confirmed drug or alcohol test, or refusing to be tested.

[b] Bringing and/or storing (including in a desk, locker, automobile, or other repository) illegal drugs or drug paraphernalia on Township of Rochelle Park premises or property, including Township of Rochelle Park owned or leased vehicles, or vehicles used for Township of Rochelle Park purposes.

[c] Having possession of, being under the influence of, testing positive for, or being in close proximity to persons using illegal drugs, or otherwise having in one's system illegal drugs.

[d] Using, consuming, transporting, distributing or attempting to distribute, manufacturing, selling, or dispensing illegal drugs. In addition, the Township of Rochelle Park will refer such matters to the appropriate police authority.

[e] A conviction or plea of guilty relative to any criminal drug offense occurring in the workplace. All employees must notify Township of Rochelle Park in writing of any criminal drug conviction no later than five calendar days after such conviction. Drug use off-the-job which adversely affects an employee's performance on the job, or which has the potential to jeopardise the health or safety of other employees, the public or the Township of Rochelle Park's equipment or function, shall be cause for disciplinary action up to and including dismissal. Action will be taken against employees who are convicted for an off-the job drug offence. In deciding what action will be taken, the incident will be evaluated in terms of the nature of the conviction, the employee's job assignment, the employee's record with the Township of Rochelle Park and other factors related to the impact of the employee's conviction on the Township of Rochelle Park.

[f] Abuse of prescription drugs which includes exceeding the recommended prescribed dosage or using others' prescribed medications. Such prescriptions brought to work should remain in the original labeled container and show both the prescribing doctor's name and the prescription's expiration date.

[g] Switching, tampering with, diluting, or adulterating any specimen or sample collected under this policy, or attempting to do so.

[h] Refusing to cooperate with the terms of this policy which includes submitting to questioning, drug testing, medical or physical tests or examinations, when requested or conducted by Township of Rochelle Park or its designee, is a violation of Township of Rochelle Park policy and may result in disciplinary action up to and including termination. A refusal to test includes conduct obstructing testing such as failure to sign necessary paperwork or failing to report to the collection site at the appointed time.

[i] Failure to advise preduty the Township of Rochelle Park of the use of a prescription or over-the-counter drug which may alter the employee's ability to safely perform the essential functions of his or her job.

[j] Failure of an employee to notify his or her supervisor before reporting to work if he or she believes that he or she is under the influence of drugs.

[k] We strictly prohibit employees from using hemp products, which some within the medical community have indicated may cause a positive marijuana test result. We will not generally consider use of hemp products a valid medical explanation for a positive marijuana test result.

[2] With respect to alcohol, employees violate this policy by engaging in the following conduct during work time or on Township of Rochelle Park premises or property:

[a] Bringing and/or storing (including in a desk, locker, automobile, or other repository) alcohol on Township of Rochelle Park premises or property, including Township of Rochelle Park owned or leased vehicles, or vehicles used for Township of Rochelle Park purposes.

[b] Having possession of, being under the influence of, testing positive for or having in one's system, alcohol. Using, consuming, transporting, distributing or attempting to distribute, manufacturing, selling, or dispensing alcohol. Exceptions to the policy concerning alcohol consumption or possession may be made only upon the prior explicit approval of senior management for specifically identified circumstances.

[c] A conviction or plea of guilty relative to any criminal alcohol offense occurring in the workplace. All employees must notify Township of Rochelle Park in writing of any criminal alcohol conviction not later than five calendar days after such conviction. Alcohol use off-the-job which adversely affects an employee's performance on the job, or which has the potential to jeopardise the health or safety of other employees, the public or Township of Rochelle Park's equipment or function, shall be cause for disciplinary action up to and including dismissal. Action will be taken against employees who are convicted for an off-the-job alcohol offence. In deciding what action will be taken, the incident will be evaluated in terms of the nature of the conviction, the employee's job assignment, the employee's record with the Township of Rochelle Park and other factors related to the impact of the employee's conviction on the Township of Rochelle Park.

[d] Switching, tampering with, or adulterating any specimen or sample collected under this policy, or attempting to do so.

[e] Refusing to cooperate with the terms of this policy which includes submitting to questioning, alcohol testing, medical or physical tests or examinations, when requested or conducted by Township of Rochelle Park or its designee, is a violation of Township of Rochelle Park policy and may result in disciplinary action, up to and including termination. A refusal to test includes conduct obstructing testing such as failure to sign necessary paperwork or failing to report to the collection site at the appointed time.

[f] Failure of employee to notify his or her supervisor before reporting to work if he or she believes that he or she is under the influence of alcohol.

(15) How can you help?

(a) If you are doing drugs - STOP!

(b) If you need help - ASK!

(c) If you know someone at work who is doing drugs - TAKE ACTION!

(d) Don't let someone else's drug or alcohol problem be the cause of an ON THE JOB INJURY!

(e) Only with your help can we truly have a safe, pleasant, and productive environment at the Township of Rochelle Park.

B. Drug educational information.

Alcohol (Depressant)

Amphetamines (Amphetamine and Methamphetamine) Stimulant

Cocaine - A Stimulant

Marijuana

Opioids (Morphine and Codeine)--Narcotic Depressants

Phencyclidine (PCP)

C. Substance abuse professionals.

National Resources
A2Z Alcohol & Drug Abuse-Addiction	1-800-274-2042
Al-Anon/Alateen Family Group Headquarters	1-800-356-9996
Alcoholics Anonymous World Service	1-212-870-3400
American Council on Alcoholism Helpline	1-800-527-5344
800 Cocaine—An Information and Referral Hotline	1-800-262-2463
Nar-Anon Family Group Headquarters	1-310-547-5800
Narcotics Anonymous	1-818-773-9999
National Association of Alcoholism (NAADAC)	1-800-548-0497
www.naadac.org Fax:	1-800-377-1136
National Association of Addiction Treatment Professionals www.naatp.org	1-717-581-1901
National Council on Alcoholism and Drug Dependence, Inc www.ncadd.org	1-212-269-7797
Hope Line (twenty-four-hour affiliate referral)	1-800-NCA-CALL
Center for Substance Abuse Prevention's Workplace Hotline	1-800-WORKPLACE
National Clearinghouse for Alcohol & Drug Information	1-800-729-6686
Center for Substance Abuse Prevention's Drug Information, Treatment & referral Hotline	1-800-662-HELP
(Spanish-Espanol)	1-800-66-AYUDA
Employee Assistance Program Bergen County Health Department

[1] Editor's Note: The CDL Drug and Alcohol Testing Policy is included as an attachment at the end of this chapter.

§ 27-29.1 Changing vital information.

A. It is the responsibility of each employee to notify the human resources official and the payroll office promptly, in writing, of any changes of vital information including but not limited to:

(1) Name.

(2) Address.

(3) Telephone number.

(4) Marital status.

(5) Dependent children.

(6) Change in status for health care programs.

(7) Change in status for dental coverage.

(8) Change of beneficiary on pension or life insurance policies.

(9) Change in tax status for tax withholding purposes.

(10) Persons to notify in case of emergency.

B. Changes may be accomplished by completing and filing an Employee Information Change Form[1] with the human resources official and by completing the necessary insurance and pension forms with the payroll office. When necessary, the payroll office will provide the employee with additional proper forms to change beneficiary, income tax deductions, etc.

[1] Editor’s Note: The Employee Information Change Form is included as an attachment at the end of this chapter.

§ 27-30 Computer use, electronic mail, and internet policy.

A. The Township's e-mail, voicemail, computer systems and Internet service are for official Township business and use for all other nonbusiness purposes during working time is prohibited. "Working time" shall be defined as any time in which the employee is engaged in or required to be performing work tasks for the Township. Working time excludes times when employees are properly not engaged in performing work tasks, including break periods and meal times. This includes, but is in no way limited to, the use of computers or Township-issued mobile devices, use of social networking, gaming or TV/video.

Note: All e-mail, voicemail, text, and internet messages are official documents subject to the provisions of the Open Public Records Act ("OPRA"), N.J.S.A. 47:1A-1 et seq.

B. The Township operates in an environment where the use of computers, e-mail and the internet are essential tools for certain employees. Those employees are encouraged to use computers, e-mail and the Internet; however, it is the responsibility of the employee to guarantee that these systems are solely used for business-related purposes during working time, (as defined above) and are used in a proper and lawful manner at all times.

(1) Employees are advised that all computers owned by the Township are to be used for business purposes only during working time (as defined above), and that they have no expectation that any information stored on an Township computer is private. Because e-mail messages are considered as business documents, the Township expects employees to compose e-mails with the same care as a business letter or internal memo.

(2) Downloading or misusing software available through the internet could violate copyright laws or licensing requirements.

(3) Personal use of any computer during working time (as defined above) is prohibited, unless expressly authorized by the employee's supervisor.

(4) The Township reserves the right to block or cancel an employee's access to internet sites or the internet as a whole while using business computers or on the Township's time.

(5) The e-mail, telephone, and internet systems, as well as the messages thereon, are the property of the Township.

(6) The Township reserves its right to monitor its computer systems, including but not limited to, e-mail messages, computer files and internet usage, with or without notice, at any time, at the Township's discretion. The Township also reserves the right to access and disclose such communications and recordings to third parties in certain circumstances. Therefore, employees shall have no expectation of privacy in any transmissions made or received using Township computers or email accounts.

(7) Employees must be aware that the mere deletion of a file or message may not fully eliminate that file or message from the system.

(8) The existence of personal access codes, passwords and/or "message delete functions," whether provided by the Township or generated by the employee, do not restrict or eliminate the Township's access to any of its electronic systems as the employees shall be on notice that they should not have any expectation of privacy when using these systems.

(9) Employees shall not share personal access codes or passwords, provide access to an unauthorized user, or access another's e-mail or internet account without authorization.

(10) The Township's network, including its connection to the internet, is to be solely used for business-related purposes during working time (as defined above). If permission is granted, an employee's personal use of the Township's computer, e-mail and connection to the internet shall not interfere with the employee's duties and shall comply with the Township's policies and all applicable laws.

(11) Any messages or transmissions sent outside of the organization via e-mail or the internet will pass through a number of different computer systems, all with different levels of security. Accordingly, employees must not send privileged and/or confidential communications (i.e., Social Security numbers, medical and/or HIPAA protected information, dependent information or other information protected from unlawful disclosure), via e-mail or the internet unless the message is properly encrypted, and should consider a more secure method of communication for such data.

(12) Because postings placed on the internet may display the Township's address or other Township-related information, and thus reflect on the Township, make certain before posting such information that it exhibits the high standards and policies of the Township. Under no circumstances shall data of a confidential nature (i.e., Social Security numbers, medical and/or HIPAA protected information, dependent information or other information protected from unlawful disclosure) be posted on the Internet.

(13) If you identify yourself as an employee in any manner on any internet posting or blog, comment on any aspect of the Township's business or post a link to the Township, you must include the following disclaimer in an openly visible location: "the views expressed on this post are mine and do not necessarily reflect the views of the Township or anyone associated/affiliated with the Township."

(14) Subscriptions to news groups or mailing lists are permitted only when the subscription is for a work-related purpose and authorized by Township. Any other subscriptions are prohibited.

(15) All files downloaded from the internet, e-mail attachments or the like should be checked for possible viruses. If uncertain whether your virus-checking software is current, you must check with the Township's Network Administrator before downloading.

(16) Any "unauthorized use" of e-mail or the internet is strictly prohibited while at work or while using an Township computer. "Unauthorized use" includes, but is not limited to: connecting, posting, or downloading obscene, pornographic, violent, sexually suggestive, or discrimination based material; attempting to disable or compromise the security of information contained on the Township's computer systems; or sending or receiving obscene, violent, harassing, sexual or discrimination based messages. If an employee receives a message that is representative of an "unauthorized use" of the Township's electronic media from someone outside of the Township, it is the employee's duty to immediately inform the sender of such materials that he or she must refrain from sending such materials.

(17) Your internet postings should not violate any other applicable Township policy, including, but not limited to, the following: the Township's Anti-Harassment and Discrimination Policies.

(18) Township business which is conducted by an employee on his or her personal computer or device is subject to this policy and may be subject to the provisions of OPRA.

(19) Any employee who violates this policy shall be subject to disciplinary action, up to and including termination. This policy shall not be construed to restrict employees' rights to share information about their employment terms and conditions communicate with each other; or engage in other concerted activities for their mutual aid and protection.

C. Social network postings.

(1) For purposes of this policy, a social network is defined as a site that uses internet services to allow individuals to construct a profile within that system, define a list of others users with whom they share some connection, and view and access their list of connections and those made by others within that system. The type of network and its design vary from site to site. Examples of the types of internet based social networking activities include: blogging, networking, photo sharing, video sharing, microblogging, podcasting, as well as posting comments on the sites. The absence of or lack of explicit reference to a specific site or activity does not limit the extent of the application of this provision.

(2) The use of the internet and social networking sites, including but not limited to Snapchat, Facebook, and Twitter, is a popular activity; however, employees must be mindful of the negative impact of inappropriate or unauthorized postings upon the Township and its relationship with the community. This provision identifies prohibited activities by employees on the internet where posted information is accessible to members of the general public, including, but not limited to, public postings on social networking sites.

(3) Specifically, the Township reserves the right to investigate postings, private or public, that violate work-place rules, such as the prohibition of sexual harassment and other discriminatory conduct, where such postings lawfully are made available to the Township by other employees or third parties. Employees should use common sense in all communications, particularly on a website or social networking site accessible to anyone. If you would not be comfortable with your supervisor, coworkers, or the management team reading your words, you should not write them.

(4) Be advised that employees can be disciplined for commentary, content, or images that are defamatory, pornographic, proprietary, harassing, libelous, or that can create a hostile work environment. You can also be sued by agency employees or any individual who views your commentary, content, or images as defamatory, pornographic, proprietary, harassing, libelous or creating a hostile work environment. What you say or post on your site or what is said or posted on your site by others could potentially be grounds for disciplinary action, up to and including termination. However, nothing in this social networking policy is designed to interfere with, restrain, or prevent social media communications during nonworking hours by employees engaging in protected concerted activities regarding wages, hours, or other terms and conditions of employment pursuant to the New Jersey Township-employee Relations Act or to prevent communications which are protected by the First Amendment freedom of speech clause, unless such communications are made as part of the employees' official job duties.

§ 27-31 Telephone and personal communication usage policy.

A. Land-line telephones. Township telephones are for official business use only during working time. Charges for all other usage, including personal calls and unauthorized use of such devices, must be reimbursed to the Township. Working time shall be defined as any time in which the employee is engaged in or required to be performing work tasks for the Township, and excludes times when employees are properly not engaged in performing work tasks, including break periods and meal times.

B. Township-issued mobile phones/devices. Township-issued mobile devices may be issued to certain employees in the course of their employment with the Township. Such Township-issued devices are the sole and exclusive property of the Township and are only to be utilized by employees in the course and scope of their employment during working time (any time in which the employee is engaged in or required to be performing work tasks for the Township not to include times when employees are properly not engaged in performing work tasks, including break periods and meal times.) employees will be charged for costs incurred due to their personal use of such devices. Accordingly, the Township reserves the right to monitor the use of the Township-issued cell-phones without notice, at any time, and any such data collected from the mobile device equipment is the sole and exclusive property of the Township to be used for any purpose.

(1) Similarly, the Township reserves the right to review the manner and use of these mobile devices and physically inspect the equipment at any time with or without notice. Accordingly, the employee shall have no reasonable expectation of privacy in any transmissions made or received using an Township-issued mobile device.

(2) Employees are expected, at all times, to respect the integrity of the Township-issued mobile devices and to maintain the equipment in proper working condition. If an employee discovers or recognizes that the mobile device is not in proper working condition, it is the employee's responsibility to bring this fact to the attention of his or her supervisor immediately.

(3) Upon termination of employment or in the instance of an upgrade to the employee's phone or service, the employee must return the Township-issued device to the Township.

C. Prohibited use of personal communication devices. To alleviate distraction and disruption of regular work routines, personal communication devices are strictly prohibited from use during working time (any time in which the employee is engaged in or required to be performing work tasks for the Township not to include times when employees are properly not engaged in performing work tasks, including break periods and meal times) while in work areas, except where the Township has provided such device(s) to employees for business use, or in case of an emergency (such as illness, accident, and calls of a similar emergent nature).

(1) Employees are prohibited from using their personal communication device to copy and/or upload any, confidential information (i.e., Social Security numbers, medical and/or HIPAA protected information, dependent information or other information protected from unlawful disclosure). Employees must make reasonable efforts to obtain supervisor approval prior to making emergency calls during working time. Personal communication devices are defined as, but not limited to, cellular or two-way phones, text-messaging devices, iPhones, Android-enabled devices, BlackBerrys and pagers.

D. Other personal electronic devices. Employees are not permitted to utilize electronic devices such as personal laptops, game systems, MP3 players, portable DVD players or any other type of personal entertainment systems while at work.

(1) Violation of this policy may subject an employee to disciplinary action up to and including termination.

§ 27-32 Conduct of employees.

A. Employees are expected to conduct themselves in a manner which exhibits a respect for the rights and property of the Township, fellow employees, and residents. While many of these behaviors are addressed under specific policies, the following list, while not all inclusive, further identifies examples of inappropriate behavior:

(1) Insubordination or the refusal by an employee to follow management's instructions concerning job-related matters;

(2) Serious breach of discipline;

(3) Neglect of duty;

(4) Incompetency or inefficiency or incapacity;

(5) Fighting or creating a disturbance among fellow employees;

(6) Using obscene, abusive, or threatening language or gestures;

(7) Sleeping on duty;

(8) Use or possession of intoxicants, narcotics or controlled substances without a prescription, being intoxicated or narcotized while on duty;

(9) Absence without leave or failure to report after authorized leave has expired or after such leave has been disapproved or revoked; provided that any regular member or officer of the police department who shall be absent from duty without just cause for a period of five days shall cease to be a member of the police department, as provided by N.J.S.A. 40A:14-122, as amended;

(10) Using leave for purposes other than for which it was granted;

(11) False statements, misrepresentation, or fraud in application form or any other matter concerning employment;

(12) Chronic or excessive absenteeism;

(13) Disorderly or immoral conduct;

(14) Theft, bribery or unauthorized use or possession of the Township, co-worker or resident property;

(15) Disregarding safety or security regulations;

(16) Falsifying or otherwise altering Township records or reports, such as applications for employment, medical reports, production reports, time records, expense accounts, absentee reports, or shipping and receiving records;

(17) Negligence or willful damage to public property or wasteful, unnecessary or unauthorized use of Township supplies, especially for personal purposes;

(18) Conviction of a crime;

(19) Failure to maintain confidentiality of Township information;

(20) The use or attempted use of one's authority or official influence to control or modify the political action of any employee or engaging in any form of political activity during working hours;

(21) Infringement of policies defined in this manual or failure to comply with departmental rules and regulations;

(22) Rude or disrespectful conduct toward the public;

(23) Failure to maintain workplace and area cleanliness and orderliness;

(24) Smoking where prohibited by ordinance, law or Township rules;

(25) Improper attire or inappropriate personal appearance;

(26) Engaging in any harassment or discrimination based upon a protected class;

(27) Violation of Township policies on solicitation or distribution;

(28) Possession of firearms or other weapons on Township property or while on official business, unless otherwise authorized by the Township;

(29) Other actions disruptive to the effective, efficient, economical operation of the Township's affairs;

(30) Conduct unbecoming a public employee. It is important that all employees perform to the best of their abilities at all times.

There will be occasions, however, where employees perform at an unsatisfactory level, violate a policy, or engage in inappropriate behavior. Except as otherwise provided by a collective negotiations agreement or by law, employment may be terminated at-will by the employee or the Township at any time with or without cause and without following any system of discipline or warnings.

§ 27-33 Ethical conduct.

Pursuant to the provisions of the Local Government Ethics Law:

A. No employee or member of his or her immediate family will have an interest in a business organization or engage in any business, transaction or professional activity, which is in substantial conflict with the proper discharge of his or her duties in the public interest.

B. No employee should use or attempt to use his or her official position to secure unwarranted privileges or advantages for him or herself or others.

C. No employee should act in his or her official capacity in any matter wherein he or she, a member of his or her immediate family, or business organization in which he or she has an interest, has a direct or indirect personal or financial interest that might reasonably be expected to impair his or her objectivity or independence of judgment.

D. No employee should undertake any employment or service, whether compensated or not, which might reasonably be expected to prejudice his or her independence of judgment in the exercise of his or her official duties.

E. No employee, member of his or her immediate family, or business organization in which he or she has an interest, should solicit or accept any gift, favor, loan, political contribution, service, promise of future employment, or other thing of value based upon an understanding that the gift, favor, loan contribution, service, promise or other thing of value was given or offered for the purpose of influencing him or her directly or indirectly in the discharge of his or her official duties.

F. No employee will use, or allow to be used, his or her public employment, or any information, not generally available to members of the public, which he or she receives or acquires in the course of and by reason of his or her employment, for the purpose of securing financial gain for himself or herself, any member of his or her immediate family, or any business organization with which he or she is associated.

G. No employee or business organization in which he or she has an interest will represent any person or party other than the employer in connection with any cause, proceeding, application or other matter pending before any agency in the local government in which he or she serves. An employee or members of his or her immediate family may represent himself or herself in proceedings concerning the employee's own interests.

§ 27-34 Confidentiality of personnel records.

A. The human resources official will ensure that adequate personnel records are maintained for each employee in accordance with applicable federal and state requirements. These records shall include: dates of appointments, transfers, promotions and terminations, job titles, salaries, commendations, complaints, performance evaluations, disciplinary actions, amount of leave accrued and used, a record of the employee's training and other related matters, and attendance records.

B. A new employee's employment application, letters of reference, reference verification and any other supporting documents will be included in the personnel file. Confidential medical records are maintained in a separate file.

C. Personnel records, other than name, title, salary, compensation, dates of service, reason for separation, and information on specific educational or medical qualifications required for employment, are confidential and are available only to the employee, an authorized representative of the employee, and the human resources official. Personnel records may also be available to the Chief Administrative Officer, other members of management, the Township's legal counsel, and members of the governing body on a need-to-know basis in connection with official duties. Additionally, the Township will make the records available as required by law.

D. Employees are entitled to review the contents of their personnel folder, except for reference checks and other information provided to the Township in the hiring process, but may not review the contents of other employees' personnel file. Employees who want to review their own personnel folder should request an appointment with the human resources official. Employees should provide the Township with at least 24 hours advance notice of his or her need for an appointment to review his or her personnel file. To protect the integrity of the personnel files, the employee will review the personnel file in the presence of the human resources official or his/her designee. Employees will not be permitted to photocopy the contents of their folder, take personnel folders outside of the human resources office or remove any documents from the folder.

E. Employees whose duties require access to personnel documents or information must maintain their confidentiality. Violators of this confidentiality will be subject to disciplinary action up to and including termination.

§ 27-35 Contagious/life threatening illness policy.

A. The Township is committed to providing and maintaining a healthy and safety work environment which allows all employees to perform their jobs in a safe and productive manner. The Township respects the dignity and worth of every employee through its Equal Opportunity Employment statement, which explains its policy and practice with respect to prohibiting discrimination in every phase of employment. The Township provides support for individual employees who may be facing the trauma of a life-threatening or catastrophic illness. The purpose of this policy is to support the physical and emotional health of all employees, minimize disruptions of productivity and morale caused by the presence of a worker with a life-threatening illness, and demonstrate the Township's continued commitment to its affirmative action goals related to physically disabled employees.

B. If an employee has learned that he or she has a contagious or life threatening illness, including but not limited to HIV/AIDS, the employee should take all steps to protect further spread of the disease or illness. When appropriate, the employee's department head should be notified of any illnesses that may affect the health, safety, and welfare of any co-employee or member of the general public. Employees with such conditions, who are able to meet appropriate standards and whose continued employment does not pose a threat to their own health and safety or that of others, are assured equal employment opportunities and reasonable accommodations in their employment. If an employee is able to work, he or she is expected to be productive. If the individual cannot work, then he or she may be eligible for disability benefits.

C. Consistent with the concern for employees with life-threatening illness, the Township offers the following resources through the human resources official:

(1) Employee education and information on terminal illnesses and specific life-threatening illnesses.

(2) Referral to agencies and organizations which offer supportive services for life-threatening illnesses.

(3) Consultation in assisting employees in efficiently managing health, leave and other benefits. The Township encourages employees who need these resources to contact the human resources official.

§ 27-36 Discipline and termination policy.

A. Corrective disciplinary action, as appropriate, will be taken against any employee found to be in violation of established procedures. All disciplinary action shall be based upon total concern for the employee, the employee's relationship with his/her fellow workers, the employee's relationship with his/her supervisor, and the best interest of the Township. Such disciplinary action shall be of a positive, educational and corrective nature, and shall not be used in an abusive or vindictive manner.

B. Discipline is considered to be major or minor. Major discipline shall include:

(1) Removal;

(2) Disciplinary demotion;

(3) Suspension of greater than five days.

C. Minor discipline is a formal written reprimand or a suspension or fine of five or less days.

D. This policy covers non-union employees. It also covers union employees to the extent that their collective bargaining agreements do not cover this subject matter.

E. An employee may be subject to discipline, including termination, for any of the following reasons:

(1) Incompetency, inefficiency or failure to perform duties;

(2) Insubordination;

(3) Inability to perform duties;

(4) Chronic or excessive absenteeism or lateness;

(5) Conviction of a crime;

(6) Conduct unbecoming a public employee;

(7) Neglect of duty;

(8) Misuse of public property, including motor vehicles;

(9) Discrimination that affects equal employment opportunity, including sexual harassment;

(10) Violation of federal regulations concerning drug and alcohol use by and testing of employees who perform functions related to the operation of commercial motor vehicles, and state and local policies issued thereunder;

(11) Falsification of public records, including attendance and other personnel records;

(12) Failure to report absence;

(13) Harassment of co-workers and/or volunteers and visitors;

(14) Theft or attempted theft of property belonging to the Township, fellow employees, volunteers or visitors;

(15) Unauthorized absences and/or chronic or excessive absences;

(16) Fighting on Township's property at any time;

(17) Being under the influence of intoxicants (e.g., liquor) or illegal drugs (e.g., cocaine or marijuana) on Township property and at any time during work hours;

(18) Failure to report to work on the day or days prior to or following a vacation, holiday and/or leave, and/or any other unauthorized day of absence;

(19) Possession, sale, transfer or use of intoxicants or illegal drugs on Township property and at any time during work hours;

(20) Entering the building without permission during nonscheduled work hours;

(21) Soliciting on Township premises during work time. This includes but is not limited to distribution of literature or products or soliciting membership in fraternal, religious, social or political organizations, and for sales of products, such as those from Avon, Amway, etc.;

(22) Careless waste of materials or abuse of tools, equipment or supplies;

(23) Deliberate destruction or damage to Township property or the property of other employees;

(24) Sleeping on the job;

(25) Carrying weapons of any kind on Township premises and/or during work hours, unless carrying a weapon is a function of your job duties;

(26) Violation of established safety and fire regulations;

(27) Unauthorized absence from work area, and/or roaming or loitering on the premises, during scheduled work hours;

(28) Defacing walls, bulletin boards or any other property of the Township or other employees;

(29) Unauthorized disclosure of confidential Township information;

(30) Gambling on Township premises;

(31) Horseplay, disorderly conduct and use of abusive and/or obscene language on Township premises;

(32) Deliberate delay or restriction of your work effort, and/or incitement of others to delay or restrict their work effort;

(33) Conviction of a crime or disorderly persons offense;

(34) Violating any Township rules, procedures, regulations or policies;

(35) Unauthorized use of computers, Internet, email, voicemail, telephone and cellular phone; and

(36) Other sufficient cause.

These are mere examples and not an exhaustive list or binding on the Township. Additionally, the Township reserves the right to use any and all forms of discipline on a case-by-case basis and is not obligated to use progressive discipline. Employment with the Township may be terminated at any time with or without cause or reason by the employee or Township.

§ 27-37 Domestic violence policy.

[Amended 8-26-2025]

A. Purpose.

(1) The purpose of the State of New Jersey Domestic Violence Policy for Public Townships (herein "policy") is to set forth a uniform domestic violence policy for all public Townships to adopt in accordance with N.J.S.A. 11A:2-6a. The purpose of this policy is also to encourage employees who are victims of domestic violence, and those impacted by domestic violence, to seek assistance from their human resources officers and provide a standard for human resources officers to follow when responding to employees.

B. Definitions. The following terms are defined solely for the purpose of this policy:

ABUSER/PERPETRATOR

An individual who commits or threatens to commit an act of domestic violence, including unwarranted violence against individuals and animals. Other abusive behaviors and forms of violence can include the following: bullying, humiliating, isolating, intimidating, harassing, stalking, or threatening the victim, disturbing someone's peace, or destroying someone's property.

DOMESTIC VIOLENCE

Acts or threatened acts, that are used by a perpetrator to gain power and control over a current or former spouse, family member, household member, intimate partner, someone the perpetrator dated, or person with whom the perpetrator shares a child in common or anticipates having a child in common if one of the parties is pregnant. Domestic violence includes, but is not limited to the following: physical violence; injury; intimidation; sexual violence or abuse; emotional and/or psychological intimidation; verbal abuse; threats; harassment; cyber harassment; stalking; economic abuse or control; damaging property to intimidate or attempt to control the behavior of a person in a relationship with the perpetrator; strangulation; or abuse of animals or pets.

HUMAN RESOURCES OFFICER (HRO)

An employee of a public Township with a human resources job title, or its equivalent, who is responsible for orienting, training, counseling, and appraising staff. Persons designated by the Township as the primary or secondary contact to assist employees in reporting domestic violence incidents.

INTIMATE PARTNER

Partners of any sexual orientation or preference who have been legally married or formerly married to one another, have a child or children in common, or anticipate having a child in common if one party is pregnant. Intimate partner also includes those who live together or have lived together, as well as persons who are dating or have dated in the past.

TEMPORARY RESTRAINING ORDER (TRO)

A civil court order issued by a judge to protect the life, health or well-being of a victim. TROs can prohibit domestic violence offenders from having contact with victims, either in person or through any means of communication, including third parties. TROs also can prohibit offenders from a victim's home and workplace. A violation of a TRO may be a criminal offense. A TRO will last approximately 10 business days, or until a court holds a hearing to determine if a final restraining order (FRO) is needed. In New Jersey, there is no expiration of a FRO.

VICTIM

A person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present household member or was at any time a household member. A victim of domestic violence is also any person, regardless of age, who has been subjected to domestic violence by one of the following actors: a person with whom the victim has a child in common; a person with whom the victim anticipates having a child in common, if one of the parties is pregnant; and a person with whom the victim has had a dating relationship.

WORKPLACE-RELATED INCIDENTS

Incidents of domestic violence, sexual violence, dating violence, and stalking, including acts, attempted acts, or threatened acts by or against employees, the families of employees, and/or their property, that imperil the safety, well-being, or productivity of any person associated with a public employee in the State of New Jersey, regardless of whether the act occurred in or outside the organization's physical workplace. An employee is considered to be in the workplace while in or using the resources of the Township. This includes, but is not limited to, facilities, work sites, equipment, vehicles, or while on work-related travel.

C. Persons covered by this policy.

(1) All employees are covered under this policy, including full and part time employees, casual/seasonal employees, interns, volunteers and temporary employees at any workplace location.

D. Responsibility of Townships to designate a Human Resources Officer.

(1) The Township hereby designates the following employees as the Primary HRO and Secondary HRO, to assist employees who are victims of domestic violence.

(a) Primary HRO: Dean M. Pinto, Township Administrator 201-587-7730 Ext. 2010

(b) Secondary HRO: Gina S. Kim, Township Clerk 201-587-7730 Ext. 2020

(2) The designated Primary and Secondary HRO shall receive training on responding to and assisting employees who are domestic violence victims in accordance with this policy.

(3) Managers and supervisors are often aware of circumstances involving an employee who is experiencing domestic violence. Managers and supervisors are required to refer any employee who is experiencing domestic violence or who report witnessing domestic violence to the designated HRO. Managers and supervisors must maintain confidentiality, to the extent possible, and be sensitive, compassionate, and respectful to the needs of persons who are victims of domestic violence.

(4) The name and contact information of the designated HRO will be provided to all employees.

(5) This policy does not supersede applicable laws, guidelines, standard operating procedures, internal affairs policies, or New Jersey Attorney General Directives and guidelines that impose a duty to report. For example, if there is any indication a child may also be a victim, reporting is mandatory to the Department of Children and Families, Child Protection and Permanency, under N.J.S.A. 9:6-8.13.

E. Domestic violence reporting procedures.

(1) Employees who are victims of domestic violence are encouraged to seek immediate assistance from their HRO. Employees who have information about or witness an act of domestic violence against an employee, are encouraged to report that information to the designated HRO, unless the employee is required to report the domestic violence pursuant to applicable laws, guidelines, standard operating procedures, internal affairs policies, or New Jersey Attorney General directives and guidelines that impose a duty to report, in which case the employee must so report to the appropriate authority in addition to reporting to the designated HRO. Nothing in this policy shall preclude an employee from contacting 911 in emergency situations. Indeed, HROs shall remind employees to contact 911 if they feel they are in immediate danger.

(2) Each designated HRO shall:

(a) Immediately respond to an employee upon request and provide a safe and confidential location to allow the employee to discuss the circumstances surrounding the domestic violence incident and the request for assistance.

(b) Determine whether there is an imminent and emergent need to contact 911 and/or local law enforcement.

(c) Provide the employee with resource information and a confidential telephone line to make necessary calls for services for emergent intervention and supportive services, when appropriate. The HRO or the employee can contact the appropriate employee Assistance Program to assist with securing resources and confidential services.

(d) Refer the employee to the provisions and protections of The New Jersey Security and Financial Empowerment Act, N.J.S.A. 34:11C-1 et seq. (NJ SAFE Act), referenced in this policy.

(e) In cases where domestic violence involved a sexual touching or sexual assault between state employees, the HRO is also required to report the incident to their agency's EEO Officer or Title IX Officer, Dean M. Pinto, [e-mail].

(f) If there is a report of sexual assault or abuse, the victim should be offered the services of the Sexual Assault Response Team, Gina S. Kim, [e-mail].

(g) Maintain the confidentiality of the employee and all parties involved, to the extent practical and appropriate under the circumstances, pursuant to this policy.

(h) Upon the employee's consent, the employee may provide the HRO with copies of any TROs, FROs, and/or civil restraint agreements that pertain to restraints in the work place and ensure that security personnel are aware of the names of individuals who are prohibited from appearing at the work location while the employee who sought the restraining order is present. All copies of TROs and FROs shall be maintained in a separate confidential personnel file.

F. Confidentiality policy.

(1) In responding to reports of domestic violence, the HRO shall seek to maintain confidentiality to protect an employee making a report of, witnessing, or experiencing domestic violence, to the extent practical and appropriate under the circumstances and allowed by law. Thus, this policy does not supersede applicable laws, guidelines, standard operating procedures, internal affairs policies, or New Jersey Attorney General Directives and guidelines that impose a duty to report.

(2) This confidentiality policy shall not prevent disclosure where to do so would result in physical harm to any person or jeopardize safety within the workplace. When information must be disclosed to protect the safety of individuals in the workplace, the HRO shall limit the breadth and content of such disclosure to information reasonably necessary to protect the safety of the disclosing employee and others and comply with the law. The HRO shall provide advance notice to the employee who disclosed information, to the extent possible, if the disclosure must be shared with other parties in order to maintain safety in the workplace or elsewhere. The HRO shall also provide the employee with the name and title of the person to whom they intend to provide the employee's statement and shall explain the necessity and purpose regarding the disclosure. For example, if the substance of the disclosure presents a threat to employees, then law enforcement will be alerted immediately.

(3) This policy does not supersede applicable laws, guidelines, standard operating procedures, internal affairs policies, or New Jersey Attorney General Directives and guidelines where mandatory reporting is required by the appointing authority or a specific class of employees.

G. Confidentiality of employee records.

(1) To ensure confidentiality and accuracy of information, this policy requires the HRO to keep all documents and reports of domestic violence in confidential personnel file separate from the employee's other personnel records. These records shall be considered personnel records and shall not be government records available for public access under the Open Public Records Act. See N.J.S.A. 47:1A-10.

H. The New Jersey Security and Financial Empowerment Act.

(1) The New Jersey Security and Financial Empowerment Act, N.J.S.A. 34:11C-1, et seq. (NJ SAFE Act), is a law that provides employment protection for victims of domestic or sexual violence.

(2) The NJ SAFE Act allows a maximum of 20 days of unpaid leave in one twelve-month period, to be used within 12 months following any act of domestic or sexual violence. To be eligible, the employee must have worked at least 1,000 hours during the twelve-month period immediately before the act of domestic or sexual violence. Further, the employee must have worked for an Township in the State that employs 25 or more employees for each working day during 20 or more calendar weeks in the current or immediately preceding calendar year. This leave can be taken intermittently in days, but not hours.

(3) Leave under the NJ SAFE Act may be taken by an employee who is a victim of domestic violence, as that term is defined in N.J.S.A. 2C:25-19 and N.J.S.A. 30:4-27.6, respectively. Leave may also be taken by an employee whose child, parent, spouse, domestic partner, civil union partner, or other relationships as defined in applicable statutes is a victim of domestic or sexual violence.

(4) Leave under the NJ SAFE Act may be taken for the purpose of engaging in any of the following activities, for themselves, or a child, parent, spouse, domestic partner, or civil union partner, as they relate to an incident of domestic or sexual violence:

(a) Seeking medical attention;

(b) Obtaining services from a victim services organization;

(c) Obtaining psychological or other counseling;

(d) Participating in safety planning, temporarily or permanently relocating, or taking other actions to increase safety;

(e) Seeking legal assistance or remedies to ensure health and safety of the victim; or

(f) Attending, participating in, or preparing for a criminal or civil court proceeding relating to an incident of domestic or sexual violence.

I. Public Township domestic violence action plan. The Township has developed the following action plan to identify, respond to, and correct employee performance issues that are caused by domestic violence, pursuant to N.J.S.A. 11A:2-6a, and in accordance with the following guidelines:

(1) Designate an HRO with responsibilities pursuant to this policy.

(2) Recognize that an employee may need an accommodation as the employee may experience temporary difficulty fulfilling job responsibilities.

(3) Provide reasonable accommodations to ensure the employee's safety. Reasonable accommodations may include, but are not limited to, the following: implementation of safety measures; transfer or reassignment; modified work schedule; change in work telephone number or work-station location; assistance in documenting the violence occurring in the workplace; an implemented safety procedure, or other accommodation approved by the Township.

(4) Advise the employee of information concerning the NJ SAFE Act; Family and Medical Leave Act (FMLA); or Family Leave Act (FLA); Temporary Disability Insurance (TOI); or Americans with Disabilities Act (ADA); or other reasonable flexible leave options when an employee, or his or her child, parent, spouse, domestic partner, civil union partner, or other relationships as defined in applicable statutes is a victim of domestic violence.

(5) Commit to adherence to the provisions of the NJ SAFE Act, including that the Township will not retaliate against, terminate, or discipline any employee for reporting information about incidents of domestic violence, as defined in this policy, if the victim provides notice to their Human Resources Office of the status or if the Human Resources Office has reason to believe an employee is a victim of domestic violence.

(6) Advise any employee, who believes he or she has been subjected to adverse action as a result of making a report pursuant to this policy, of the civil right of action under the NJ SAFE Act and advise any employee to contact their designated Labor Relations Officer, Conscientious employees Protection Act (CEPA) Officer and/or Equal Employment Opportunity Officer in the event they believe the adverse action is a violation of their collective bargaining agreement, the Conscientious employees Protection Act or the New Jersey Law Against Discrimination and corresponding policies.

(7) Townships, their designated HRO, and employees should familiarize themselves with this policy. This policy shall be provided to all employees upon execution and to all new employees upon hiring. Information and resources about domestic violence are encouraged to be placed in visible areas, such as restrooms, cafeterias, breakrooms, and where other resource information is located.

J. Resources.

(1) This policy provides an appendix listing resources and program information readily available to assist victims of domestic violence. These resources should be provided by the designated HRO to any victim of domestic violence at the time of reporting.

K. Distribution of policy.

(1) Who will be responsible for distributing this policy to employees, volunteers, and other employees identified above.

(2) Who will be responsible for updating this policy at least annually to reflect circumstances changes in the organization.

(3) Who will be responsible for monitoring the Civil Service Commission and the Division of Local Government Services in the Department of Community Affairs for modifications thereto, to public Townships.

L. Other applicable requirements.

(1) In addition to this policy, the HRO and the public Township's appointing authority must follow all applicable laws, guidelines, standard operating procedures, internal affairs policies, and New Jersey Attorney General Directives and guidelines that impose a duty to report. Additionally, to the extent that the procedures set forth in this policy conflict with collective negotiated agreements or with the Family Educational Rights and Privacy Act (FERPA), the provisions of the negotiated agreements and the provisions of FERPA control.

M. Policy modification and review.

(1) A public Township may seek to modify this policy, to create additional protocols to protect victims of domestic violence but may not modify in a way that reduces or compromises the safeguards and processes set out in this policy.

(2) The Civil Service Commission will review and modify this policy periodically and as needed.

N. Policy enforceability.

(1) The provisions of this policy are intended to be implemented by the Civil Service Commission. These provisions do not create any promises or rights that may be enforced by any persons or entities.

O. Policy inquiries and effective date.

(1) Any questions concerning the interpretation or implementation of this policy shall be addressed to the Chair/Chief Executive Officer of the Civil Service Commission, or their designee. This policy shall be enforceable upon the HRO's completion of training on this policy.

§ 27-38 Grievance procedure.

A grievance is any formal dispute concerning the interpretation, application and enforcement of any personnel policy or procedure. A grievance submitted by a union employee will be addressed pursuant to grievance procedure set forth in the applicable bargaining unit agreement. A grievance from a non-union employee must be submitted within five working days after arising. Failure to report a grievance within such time period shall be deemed as a waiver of the grievance. In the event of a settlement or ruling that results in a determination of monetary liability, such liability shall not exceed more than 30 working days' prior to the date the grievance was first presented in writing.

A. Step one: any employee or group of employees with a grievance shall communicate their grievance to their supervisor or department head who will discuss the matter with the human resources official and/or the Chief Administrative Officer. The supervisor or department head will communicate the decision to the employee within five working days.

B. Step two: if the employee is not satisfied with the decision, the employee must submit a written grievance to the human resources officer and/or the Chief Administrative Officer detailing the facts and the relief requested. The decision in step one will be deemed final if the employee fails to submit a written grievance within five working days of the step one decision. After consulting with the human resources official and counsel, as appropriate, the Chief Administrative Officer will render a written decision to the employee within five working days after receipt of the written grievance.

The above referenced grievance procedures do not apply to employee complaints made under the Township's Anti-Harassment and Discrimination Policies.

§ 27-39 Employee dating policy.

The Township strongly believes that an environment where employees maintain clear boundaries between employee personal and business interactions is most effective for conducting business. Although this policy does not prevent the development of friendships or romantic relationships between coworkers, it does establish very clear boundaries as to how relationships will progress during working hours and within the working environment. Individuals in supervisory relationships or other influential roles are subject to more stringent requirements under this policy due to their status as role models, their access to sensitive information and their ability to influence others.

A. Procedures.

(1) During working time and in working areas, employees are expected to keep personal exchanges limited so that others are not distracted or offended by such exchanges and so that productivity is maintained.

(2) During non-working time, such as lunches, breaks and before and after work periods, employees are not precluded from having appropriate personal conversations in non-work areas as long as their conversations and behaviors could in no way be perceived as offensive or uncomfortable to a reasonable person.

(3) Employees are strictly prohibited from engaging in physical contact that would in any way be deemed inappropriate by a reasonable person while anywhere on Township premises, whether during working hours or not.

(4) Employees who allow personal relationships with coworkers to affect the working environment will be subject to the appropriate provisions of the Township disciplinary policy which may include counseling for minor problems. Failure to change behavior and maintain expected work responsibilities is viewed as a serious disciplinary matter.

(5) Employee off-duty conduct is generally regarded as private, as long as such conduct does not create problems within the workplace. An exception to this principle, however, is romantic or sexual relationships between supervisors and subordinates.

(6) Supervisors, managers, executives or anyone else in sensitive or influential positions must disclose the existence of any relationship with another coworker that has progressed beyond a platonic friendship. Disclosure may be made to the immediate supervisor or the department head. This disclosure will enable the Township to determine whether any conflict of interest exists because of the relative positions of the individuals involved.

(7) Where problems or potential risks are identified, the Township will work with the parties involved to consider options for resolving the problem. The initial solution may be to make sure that the parties involved no longer work together on matters where one is able to influence the other or take action for the other. Matters such as hiring, firing, promotions, performance management, compensation decisions, financial transactions, etc. are examples of situations that may require reallocation of duties to avoid any actual or perceived reward or disadvantage.

(8) In some cases, other measures may be necessary such as transfer to other positions or departments.

(9) Refusal of reasonable alternative positions, if available, will be deemed a voluntary resignation.

(10) Continued failure to work with the Township to resolve such a situation in a mutually agreeable fashion may ultimately be deemed insubordination and therefore serve as cause for immediate termination. The organization's disciplinary policy will be consulted to ensure consistency, however, before any such extreme measures are undertaken.

(11) The provisions of this policy apply regardless of the sexual orientation of the parties involved.

(12) Where doubts exist as to the specific meaning of the terms used above, employees should make judgments on the basis of the overall spirit and intent of this policy.

(13) Any employee who feels they have been disadvantaged as a result of this policy, or who believes this policy is not being adhered to, should make their feelings known to the human resources official or other designated individual.

§ 27-40 Employment references.

A. To ensure that individuals who work for the Township are well-qualified and have a strong potential to be productive and successful, it is the policy of the Township to check the employment references of all applicants at the Township's discretion.

B. Employees should not, under any circumstances, provide another individual with information regarding a current or former employee. Any employee, including department heads, who receives a request for reference information should forward the request to the Human Resources Official. Generally, unless otherwise required by law, the Township will only confirm employees' name, title, salary, compensation, dates of service, reason for separation, if applicable, and specific educational or medical qualifications required for employment. The Township's response to a request for reference information shall be communicated in writing only. The Township does not honor oral requests for employment references.

C. A current or former employee may also authorize the Township to release additional information. Unless otherwise required by law, the Township will only release additional information if the current or former employee provides authorization, in writing.

§ 27-41 Nepotism.

A. The hiring, promoting, transferring, demoting or reassigning of relatives is prohibited if the employment of such an individual would result in the creation of a prohibited employment relationship.

B. A prohibited relationship is created when:

(1) One relative would have the authority to supervise either directly or from one level above, appoint, remove, discipline, evaluate or otherwise affect the work or employment of another relative.

(2) The relative would be responsible for auditing the work of the other.

(3) Other circumstances exist which would place the relatives in a situation of actual or reasonably foreseeable conflict between the Township's interest and their own.

C. Employees who marry or become related by marriage may continue in their employment if the marriage does not result in the creation of a prohibited relationship. Where the marriage results in the creation of a prohibited relationship, the Township will explore potential accommodations including the reassignment of one or both employees to available positions for which the employees are qualified. Relative includes spouse, parent, step-parent, child, step-child, sibling, step sibling, half-sibling, father-in-law, mother-in-law, sister-in-law, brother-in-law, grandparent, grandchild, aunt, uncle, niece, nephew, and first cousins.

D. This policy applies to all employees hired, promoted, transferred, demoted, or reassigned on or after the date of adoption and to all prohibited relationships created on or after the date of adoption.

§ 27-42 Performance evaluation.

A. The Township recognizes that an employee job performance evaluation system is the basis for assisting in employee growth and development. The Township requires supervisors to conduct performance appraisals to ensure that:

(1) Each employee receives feedback on objectives, accomplishments, strengths, and areas for improvement;

(2) Each employee receives advice from his or her supervisor on ways to improve performance and has the chance to identify with his or her supervisor areas where greater contribution is possible, or where either feels more development would be beneficial; and

(3) Essential information is recorded concerning strengths and weaknesses of all employees in relation to career development, including potential for advancement and suitability for other positions and training.

B. The performance evaluation provides the vehicle for a dialogue between the employee and the supervisor and ensures shared expectations of the requirements for the employee's job and the employee's performance in the job. Accordingly, the Township will use a performance review/evaluation system for all employees.

C. During performance reviews, supervisors will consider, among others:

(1) Initiative, dependability and effort;

(2) Knowledge of work;

(3) Attitude and willingness;

(4) Quantity and quality of work;

(5) Disciplinary record;

(6) Attendance and tardiness.

D. A copy of an employee performance evaluation shall be maintained in the employee's personnel file.

§ 27-43 Political activity.

A. Employees have exactly the same right as any other citizen to join political organizations and participate in political activities, as long as they maintain a clear separation between their official responsibilities and their political affiliations. In accordance with state law, employees are prohibited from engaging in political activities while performing their public duties and from using the Township's time, supplies or equipment in any political activity. Political activities include, but are not limited to, advocating the election or appointment of any candidate for office, verbally or otherwise, and soliciting funds for campaigns or campaign materials.

B. Additionally, state law precludes employees from directly or indirectly using their position to control or affect the political action of another person. In accordance with the Hatch Act and federal regulations, an employee whose principal employment is with a program financed in whole or in part by federal funds or loans shall not:

(1) Be a candidate for public office in a partisan election. (This provision does not apply to the elected head of an executive department or an individual holding elective office, where that office is the sole employment connection to federally funded programs.)

(2) Use his/her official authority to influence, to interfere with or affect election results or nominations for office.

(3) Directly or indirectly coerce contributions from any employee to support a political party or candidate. See The Hatch Act, 5 U.S.C. § 1501 et seq.

C. Violations of either state or federal laws are serious matters and such violations should not be taken lightly. Any employee engaging in such political activities during working hours will be subject to disciplinary action up to and including termination of employment. Employees who engage in political activities during their nonworking hours must not represent themselves as spokespersons for the Township. Employees should report any violation of this policy to their supervisor or department head.

§ 27-44 Protection and safe treatment of minors.

A. Purpose and scope:

(1) Under New Jersey law (N.J.S.A. 6-8.21), an abused or neglected child is anyone "under the age of 18 who is caused harm by a parent, guardian or other person having custody or control of that minor." A child who is under the age of 18 is considered to be abused or neglected when a parent, caregiver, another child or another adult does one of more of the following:

(a) Inflicts or allows to be inflicted physical injury by other than accidental means that creates substantial harm or risk of substantial harm; and/or

(b) Fails to provide proper supervision or adequate food, clothing, shelter, education or medical care although financially able or assisted to do so; and/or

(c) Commits or allows to be committed an act of sexual abuse against a child.

(2) Child abuse can have long-term effects on victims. A lack of trust and difficulty with healthy relationships is common, as is a core feeling of worthlessness and low self-esteem. There may even be long-term trouble with regulating emotions that can lead to destructive behaviors.

(3) There are typically four common types of abuse:

(a) The failure to meet a child's basic needs, physically or emotionally, which is called neglect.

(b) The intentional use of physical force that results in injury, which is called physical abuse.

(c) The practice of any behaviors that harm a child's feelings of self-worth or emotional well-being, which is emotional abuse.

(d) Engaging in sexual acts with a child including pornography, which is sexual abuse.

(4) Unfortunately, statistics reflect that abuse is all too common in any form.

(a) In New Jersey, abuse reports involving 80,000 children are filed each year. 50,000 of those children receive prevention and post-response services.

(b) 75% of the cases involve neglect, 18% of the cases involve physical abuse, and psychological abuse accounts for 7% of the cases.

(c) 55% of the perpetrators are female, while males account for 45%.

(d) Sadly, child abuse is a vicious cycle, in that 30% of abused children will later abuse their own children.

(5) The statistics and characteristics pertaining to sexual abuse are sobering and equally as disheartening:

(a) "Peer-to-peer" abuse is by far the most common, where one or more children or adolescent(s) sexually abuses or inappropriately touches another. Legally, the abuser must be at least four years older to trigger the statute. The American Psychological Association reports this type of abuse is driven by power and dominance, the same factors that drive bullying within this age group. In fact, bullying can be a precursor to sexual abuse, especially when there is a lack of supervision.

(b) In contrast, "adult-to-child" abuse is typically thought out and planned in advance, demanding access and privacy and control. These three factors demand a specific type of relationship and setting, meaning that 90% of juvenile sexual abuse victims know their abuser. The scope of the problem is massive: by the age of 18, one in four girls and one in six boys have experienced sexual abuse. From those figures, 88% of those molestations are attributed to individuals with pedophilia. Pedophilia is a psychotic disorder in which an adult or adolescent demonstrates a primary sexual attraction to prepubescent children. It is important, however, not to confuse pedophilia with actual child molestation, as many pedophiles never act on their attractions.

(c) Child sexual abusers are not always easy to spot. Though seven out of every eight molesters are male, they match the general population in ethnicity, religion, education, and marital status. So there is no stereotype, especially since abusers go to great lengths to blend in. However, only 10% of them abuse children that they don't know, and 68% look no further than their own families for victims.

(d) 40% of abusers first begin molesting children before they themselves reach the age of 15, and the vast majority before the age of 20.

(e) Adolescent abusers generally begin their acts of abuse on younger siblings.

(f) Most sexual abuse occurs within the family. However, molesters can gain access to children outside of their own families through employment or volunteer work with an organization that works primarily with children. This allows them both time alone with potential victims and the ability to build trust and credibility. In fact, child abusers are often known and respected in their communities for dedication to children.

(g) In terms of a victim profile, it is important to remember that, although there are characteristics that make some children more vulnerable, every child is in danger. Passive, lonely or troubled children, especially those who live with step-parents or single parents, may be targeted. Children between the ages of seven and 13 years old are most at risk, and children from low socioeconomic backgrounds or rural areas are more likely to be victimized.

(h) Molesters have behavioral patterns that can be identified as "grooming" their victims. Sexual abuse is rarely violent. The molester's goal is to solicit compliance by beginning to win the victim's trust. There might be pet names, gifts to foster exclusivity and encouragement to "keep secrets." The molester might begin to spend time with the victim outside of the regular program or schedule, contacting parents to become involved in a child's life in some capacity, like babysitting. For this reason, many parents are shocked after abuse comes to light simply because the abuser seemed trustworthy. Inevitably, the favoritism is not enough to keep the victim silent any more, and the abuser resorts to threats — threats that play off of a child's guilt over the sexual contact.

(i) During the grooming process and abuse, victims often begin to show signs such as sexual behaviors or strong sexual language that is too adult for their age. Many children feel at fault after the abuse and begin to suffer guilt and depression, even resorting to self-harm. They may begin to display cuts and scratches or other self-inflicted injuries. However, some children are naive and unaware of the gravity of the abusive nature of their experience. Research shows that children often delay reporting sexual abuse. They should not be disbelieved just because they waited a long time to seek help.

(6) In the State of New Jersey, every level of government has a role in protecting minors.

(a) At the state level:

[1] State law is enforced through the NJ Family Division of the state court system. The court has broad powers including the ability to remove children from dangerous situations.

[2] The Department of Children and Families, specifically the Division of Child Protection and Permanency, combines all state operations intended to safeguard children into a single, coordinated program working closely with the courts, legal advocates and law enforcement.

[3] The Department of Corrections operates adult prisons and youth correctional centers to deal with perpetrators, while individual counties operate youth detention centers and special purpose schools.

(b) At the local level:

[1] Educational professionals have the most contact with children, meaning they are often the first to detect issues.

[2] Housing Authority employees may also frequently come into contact with children.

[3] Municipalities and counties operate or sponsor a variety of programs that involve children including but not limited to:

[a] Recreation programs;

[b] Before and after care programs;

[c] Youth sports leagues;

[d] Youth centers;

[e] Youth in government programs;

[f] Junior law enforcement training programs.

[4] The role of police and law enforcement agencies is especially important. Police officers assist in resolving reported situations, often acting as first identifiers. In New Jersey, police are given broad authority to protect children, including the authority to remove them from their parents or caregivers without a court order if necessary to prevent imminent danger to a child. Under the Prevention of Domestic Violence Act, a law enforcement officer must make an arrest when the officer finds "probable cause" that domestic violence has occurred. This holds even if the victim refuses to make a complaint. The Act is invoked in situations where the victim exhibits signs of injury caused by domestic violence, when a warrant is in effect, or when there is probable cause to believe that a weapon has been involved in an act of domestic violence. Abusers often use psychological tactics or coercive control over their partners, such as making threats to prevent a victim from leaving or contacting friends, family or police. But even if these conditions are not met, an officer may still make an arrest or sign a criminal complaint if there is probable cause to believe acts of domestic violence have been committed. Now if there is no visible sign of injury but the victim states that an injury did, in fact, occur, the officer must take other factors into consideration in determining probable cause.

(7) The Township is committed to the safety of all individuals in its community, however, the Township has particular concern for those who are potentially vulnerable, including minor children. The Township regards the abuse of children as abhorrent in all its forms and pledges to hold its officials, employees and volunteers to the highest standards of conduct in interacting with children. Statistics show that 93% of victims under the age of 18 know the abuser. Further, a perpetrator does not have to be an adult to harm a child but are typically in a caregiver role. They can have any relationship to the child including a playmate, family member, a teacher, a coach, or instructor.

(8) The Township is fully committed to protecting the health, safety and welfare of minors who interact with officials, employees, and volunteers of the Township to the maximum extent possible. These policy and procedures establish the guidelines for officials, employees, and volunteers who set policy for the Township or may work with or interact with individuals under 18 years of age, and those who supervise employees, and volunteers who may work with or interact with individuals under 18 years of age, with the goal of promoting the safety and well-being of minors.

(9) This model policy provides guidelines that apply broadly to interactions between minors and officials, employees, and volunteers in programs operated by the Township or affiliated programs or activities. All officials, employees, and volunteers are responsible for understanding and complying with this policy.

B. Definitions:

AUTHORIZED ADULT

Individuals, age 18 and older, paid or unpaid, who interact with, supervise, chaperone, or otherwise oversee and/or interact with minors in program activities, recreational, and/or residential facilities. The authorized adults' roles may include positions as counselors, chaperones, coaches, instructors, etc.

CHILD or MINOR

A person under the age of 18.

DEPARTMENT HEADS

Appointed department heads of the Township, including the Chief Administrative Officer, and any assistants.

DIRECT CONTACT

Positions with the possibility of care, supervision, guidance or control of children or routine interaction with children.

DUAL REPORTING

Reporting possible abuse to both the NJ Department of Children and Families and law enforcement at the same time by the individual designated by the Township to report all possible cases of abuse.

EMPLOYEES, STAFF, or COUNSELORS

Persons working for the Township on a full-time or part-time basis, and compensated by the Township.

FACILITIES

Facilities owned by, under the control of, or rented or leased to the Township.

GROOMING

Is when someone builds a relationship, trust and emotional connection with a child or young person so they can manipulate, exploit and abuse them. Refer to Appendix B[1] for more detailed information on grooming.

NJMEL JIF

New Jersey Municipal Excess Liability Fund Joint Insurance fund.

OFFICIALS

Elected officials of the Township, appointed board members, and Authority Commissioners.

ONE-ON-ONE CONTACT

Personal, unsupervised interaction between any authorized adult and a participant without at least one other authorized adult, parent or legal guardian being present.

PROGRAMS

Programs and activities offered or sponsored by the Township.

VOLUNTEERS

Individuals volunteering their time to provide services to the Township who are not on the payroll and receive no compensation.

[1] Editor's Note: The Protection and Safe Treatment of Minors Appendices are included as an attachment at the end of this chapter.

C. Policy. The Township is charged with protecting the health, safety, and welfare of all its citizens, including children under the age of 18. To that end, the Township is firmly committed to protecting children under the care and supervision of the Township from all forms of physical, mental, sexual and emotional abuse. The Township is committed to establishing and implementing safeguards to eliminate opportunities for abuse of children entrusted to the care of the Township. The procedures outlined below shall apply to all officials, employees, and volunteers of the Township.

D. Recruitment and hiring of employees and vetting of individuals volunteering their time.

(1) All prospective employees and volunteers shall undergo a thorough and complete background check, including but not limited to a fingerprint identification check, credit check, motor vehicle record check, reference check (personal and professional), and a check of the Megan's Law directory for New Jersey and any other state where the applicant previously resided. Written documentation of the background check shall be maintained by the Township in perpetuity.

(2) Background checks that disclose any negative or questionable results must be reviewed and approved by the Township prior to the individual being hired and/or working with minors. Provisional hiring is not permitted.

(3) All prospective employees and volunteers must complete the training adopted by the Township prior to starting employment or volunteer service. In addition to completing the training course adopted by the Township, all volunteer coaches shall complete the Rutgers SAFETY Clinic course (Sports Awareness for Educating Today's Youth ™) which is a three-hour program that meets the "Minimum Standards for Volunteer Coaches Safety Orientation and Training Skills Programs" under (N.J.A.C. 5:52) and provides partial civil immunity protection to volunteer coaches under the "Little League Law" (2A:62A-6 et. seq.)

(4) The Township shall annually re-check and document the Megan's Law directory for New Jersey to make certain that current employees are not listed.

(5) Once employed, authorized adults who are employed are required to notify the appropriate Human Resources representative of an arrest (charged with a misdemeanor or felony) or conviction for an offense within 72 hours of knowledge of the arrest or conviction.

E. Procedures and responsibilities of officials. Under New Jersey Law, an official may be held liable for the abuse or neglect of a child if he or she fails to implement appropriate safeguards to protect the child while the minor has been entrusted to the care of the Township. Most importantly, recent changes in the law in New Jersey extended the statute of limitations for child abuse and neglect cases substantially, thus placing local officials and employees at a far greater risk. A valid cause of action can be filed by an alleged victim well after the official has left office. It is, therefore, critically important for officials to establish and monitor policies and procedures designed to safeguard minors entrusted to the care of the Township.

(1) Officials of the Township are required to:

(a) Complete the initial training course adopted by the Township, and any updated/refresher course, in order to better understand their legal duties and responsibilities under federal and NJ State law. The training program will include the following concepts:

[1] Recognizing the signs of abuse and neglect of minors.

[2] Establishing guidelines for protecting minors from emotional and physical abuse and neglect.

[3] Understanding and being prepared to implement the procedures necessary to eliminate opportunities for abuse.

[4] Becoming familiar with the legal requirements to report suspected cases of abuse.

[5] Fully understanding the legal consequences for not being diligent in making certain that employees of the Township adhere to all policies and procedures as adopted.

(b) Meet annually with all department heads to review the "Policy Addressing Sexual Abuse of Minors," and to verify that the administration is adhering to this policy which includes all of the following provisions. If the policy is not being adhered to, it is the legal obligation of the officials of the Township to implement whatever changes are necessary as soon as possible to make certain the policy is followed.

(c) Conduct random and unannounced visits to program sites to observe the setup of the programs and conduct of the employees and volunteers of the Township.

F. Program procedures.

(1) All Township programs operated by, sponsored by, or affiliated with the Township shall comply with the following procedures. All officials, employees, and volunteers who interact with or could possibly interact with minors, and those employees who supervise employees who interact with or could possibly interact with minors, shall adhere to the following policy.

G. Specific program procedures.

(1) The following policies shall apply to all programs offered by, sponsored by or affiliated with the Township. As an essential element of compliance with the overall objective of protecting and addressing the safe treatment of minors, the Township shall:

(a) Establish a written procedure for the notification of the minor's parent/legal guardian in case of an emergency, including medical or behavioral problem, natural disasters, or other significant program disruptions. Authorized adults with the program, as well as participants and their parents/legal guardians, must be advised of this procedure in writing prior to the participation of the minors in the program. In addition, the Township shall provide information to parents or legal guardians detailing the manner in which the participant can be contacted during the program.

(b) Make certain that all program participants provide a Medical Treatment Authorization form to the Township.

(c) Implement and adopt a "Code of Conduct" for volunteer and paid staff members which, at a minimum, will include the following:

Code of Conduct
•	Staff members will, at all times, respect the rights of program participants and use positive techniques of guidance including positive reinforcement and encouragement.
•	Staff members will portray a positive role model for youth by maintaining an attitude of respect, loyalty, patience, courtesy, tact, and maturity.
•	Staff members shall not transport children in their own vehicles, unless written authorization from the child's parent or guardian has been received.
•	Members of the staff shall not be alone with children they meet in the programs outside of the camp. This includes babysitting, sleepovers, and inviting children to their home.
•	Staff members shall, at all times, be visible to other staff members while supervising minors. Any exceptions require a written explanation before the fact and approval of the Program Director.
•	Staff members will appear neat, clean, and appropriately attired.
•	Staff members will refrain from intimate displays of affection towards others in the presence of children, parents and staff.
•	Staff members are required to refrain from texting, and posting or checking any of the social media outlets while they are working or volunteering. The only exception is for texting for the purposes of communicating with another staff member or parent regarding a programmatic issue pertaining to a child.
•	Staff members are prohibited from buying gifts for program participants.

(d) In addition to the Code of conduct, the following shall be a part of the specific program provisions:

[1] The possession or use of alcohol and other drugs, fireworks, guns and other weapons is prohibited.

[2] The Township shall set forth rules and procedures governing when and under what circumstances participants may leave the Township property during the program.

[3] No violence, including sexual abuse or harassment, will be tolerated.

[4] Hazing of any kind is prohibited. Bullying including verbal, physical, and cyber bullying are prohibited and will be addressed immediately.

[5] No theft of property will be tolerated.

[6] No use of tobacco products will be tolerated.

[7] Misuse or damage of Township property is prohibited. Charges will be assessed against those participants who are responsible for damage or misuse of property.

[8] The inappropriate use of cameras, imaging, and digital devices is prohibited including use of such devices in showers, restrooms, or other areas where privacy is expected by participants.

[9] Under no circumstances are any images of any child taken during any of the activities conducted or sponsored by the Township to be shared on any social media platform without the expressed written consent of a parent or legal guardian.

[10] The Township shall assign a staff member who is at least 21 years of age to be accessible to participants. Additional authorized adults will be assigned to ensure one-on-one contact with minors does not occur and that appropriate levels of supervision are implemented.

[11] Take appropriate steps to make certain that children are not released to anyone other than the authorized parent, guardian, or other adult authorized by the parent or guardian (written authorization on file in advance).

[12] Develop and made available to participants and their parents or guardians, the rules and discipline measures applicable to the program. Program participants and staff must abide by all regulations and may be removed from the program for noncompliance with rules.

[13] The recommended ratio of counselors to program participants should reflect the gender distribution of the participants, and should meet the following:

[a] One staff member for every six participants ages 4 and 5.

[b] One staff member for every eight participants ages 6 to 8.

[c] One staff member for every 10 participants ages 9 to 14.

[d] One staff member for every 12 participants ages 15 to 17.

[14] Responsibilities of the counselors must include, at a minimum, informing program participants about safety and security procedures, rules established by the program, and behavioral expectations. Counselors are responsible for following and enforcing all rules and must be able to provide information included herein to program participants and be able to respond to emergencies.

(e) Specific policy and procedures for use of restrooms by children/minors:

[1] All restrooms shall be checked in advance by staff persons before minor children enter to make certain that no other individuals are present.

[2] Staff members (of the same sex) are to stand guard at the doorway to make certain that no one else enters the restroom while a child is there. Children should not be permitted enter restrooms in pairs or in groups, unless it is absolutely necessary.

H. Procedures for law enforcement officers.

(1) Law enforcement officers of the Township frequently interact with minors in a variety of ways. It is important to establish guidelines to assist law enforcement officers in being aware of how to act and react in these circumstances. To that end, the Chief of Police or his or her designee of the Township shall formulate a written policy addressing the safe treatment of minors for consideration and approval by the governing body for law enforcement officers who interact with minors.

(2) The policy shall, at a minimum, incorporate and address the following:

(a) Transporting minors in a police vehicle. Whenever possible, victims or alleged victims of sexual assault or other crimes, or minors removed from a situation for protective purposes, shall be transported by two officers (at least one of whom shall be of the same sex as the victim) in unmarked vehicles that does not have a prisoner compartment/partition. Officers transporting a minor for whatever reason shall document starting and stopping mileage through radio contact.

(b) Directives issued by the NJ State Attorney General pertaining to interaction with minors shall be incorporated into the policy.

(c) The following provisions from the "Code of Conduct" for counselors shall be included in the policy for officers assigned to work in school settings (i.e., Class 3 officers):

[1] Officers will, at all times, respect the rights of students and use positive techniques of guidance including positive reinforcement and encouragement.

[2] Officers will portray a positive role model for youth by maintaining an attitude of respect, loyalty, patience, courtesy, tact, and maturity.

[3] Officers shall not transport children in their own vehicles. Officers shall not arrange to see students outside of school and this includes babysitting, sleepovers, and inviting children to their home. Any exceptions require a written explanation before the fact and approval of the Chief.

[4] Officers shall make certain that they are neat, clean, and appropriately attired.

[5] Officers will refrain from intimate displays of affection towards others in the presence of children, parents and staff. Officers shall not buy gifts for students at any time.

[6] All officers are required to complete the initial training course offered by the NJMEL JIF, and any refresher courses as well.

I. Training requirements.

(1) Individual training courses have been designed for each of the following categories and all officials, employees, and volunteers of the Township are required to complete training (and refresher course training) adopted by the Township. All employees of the Township shall complete the training course whether they interact with children/minors or not. Although training records will be maintained, it is recommended that each Township and individual trainees also keep copies of their own training records.

(a) Officials. Complete the initial training course adopted by the Township, and any updated/refresher course, in order to better understand their legal duties and responsibilities under federal and NJ State law. The training program will include the following concepts.

[1] Recognizing the signs of abuse and neglect of minors.

[2] Establishing guidelines for protecting minors from emotional and physical abuse and neglect.

[3] Understanding and being prepared to implement the procedures necessary to eliminate opportunities for abuse.

[4] Becoming familiar with the legal requirements to report suspected cases of abuse.

[5] Fully understanding the legal consequences for not being diligent in making certain that employees of the Township adhere to all policies and procedures as adopted.

(b) Department heads. Content of course shall include:

[1] Current NJ State law pertaining to sexual abuse of minors.

[2] Recognizing the signs of abuse and neglect.

[3] Different types of abuse (i.e., peer-to-peer, adult-to-child, etc.).

[4] Your legal responsibility for implementing and monitoring procedures and employees.

[5] Reporting cases of abuse.

(c) Volunteers and employees of the Township. Content of course shall include:

[1] Current NJ State law pertaining to sexual abuse of minors.

[2] Recognizing the signs of abuse and neglect.

[3] Different types of abuse (i.e., peer-to-peer, adult-to-child, etc.).

[4] Your legal responsibility for implementing and monitoring procedures and employees.

[5] Reporting cases of abuse.

(d) Law enforcement officers. Content of course shall include:

[1] Current status of NJ law and directives from the Attorney General for law enforcement personnel.

[2] Your responsibilities.

[3] Officers in schools.

[4] Reporting abuse.

J. Reporting suspected child abuse/neglect.

(1) In light of the importance and priority placed on safeguarding the health and safety of minors, it is critically important that suspected cases of child abuse and neglect are reported as soon as possible. As a government official, employee or volunteer, you are legally required to report suspected child abuse. This requirement includes all governmental officials, employees and volunteers.

(2) The following procedures shall be utilized in reporting suspected cases of abuse. The Township shall also train officials, department heads, employees and volunteers in the concept of "dual reporting" as listed and defined below and shall encourage all staff and volunteers to utilize this process as much as possible in reporting suspected cases of abuse.

(3) Child abuse is hard thing to talk about, especially with victims. The most important thing to remember is to show calm reassurance and unconditional support. Avoid interrogation and leading questions. Understand that denial and embarrassment are common reactions. Don't display disbelief, shock, or disgust. Instead, be reassuring. Make sure the child knows that they did nothing wrong. Reassure them that this is not their fault and make sure they know that you take it seriously.

(4) Interviewing children to investigate sexual abuse requires highly technical expertise. Do not "investigate" an abuse situation. Do not interrogate the child. Rather report it immediately as shown below. And finally, keep safety as the priority. If there is the possibility of violence against yourself or the child, get the appropriate professionals or agencies involved as soon as possible.

(5) It is recommended that, whenever possible, officials, employees and volunteers report the suspected abuse to both the NJ Department of Children and Families and law enforcement at the same time, which is known as "dual reporting."

(6) For employees or volunteers of programs conducted by the Township:

(a) Immediately report suspected cases to the Program Director in charge.

(b) The Program Director shall immediately investigate the alleged incident. The Director shall document the alleged abuse in writing including the following information, as recommended by the New Jersey Department of Children and Families:

[1] Who: the child and parent/caregiver's name, age and address and the name of the alleged perpetrator and that person's relationship to the child.

[2] What: type and frequency of alleged abuse/neglect, current or previous injuries to the child and what caused you to become concerned.

[3] When: when the alleged abuse/neglect occurred and when you learned of it.

[4] Where: where the incident occurred, where the child is now and whether the alleged perpetrator has access to the child.

[5] How: how urgent the need is for intervention and whether there is a likelihood of imminent danger for the child.

(c) After documenting all of the facts surrounding the alleged abuse, the Program Director shall call the hotline established by the NJ Department of Children and Families @ 1-877-652-2873. It is not the supervisor's role to make a decision on whether a case should be reported. All cases shall be reported.

(7) For volunteer coaches or other volunteers in charge of programs sponsored by or affiliated with the Township.

(a) The volunteer shall immediately document the alleged abuse in writing including the following information, as recommended by the New Jersey Department of Children and Families:

[1] Who: the child and parent/caregiver's name, age and address and the name of the alleged perpetrator and that person's relationship to the child.

[2] What: type and frequency of alleged abuse/neglect, current or previous injuries to the child and what caused you to become concerned.

[3] When: when the alleged abuse/neglect occurred and when you learned of it.

[4] Where: where the incident occurred, where the child is now and whether the alleged perpetrator has access to the child.

[5] How: how urgent the need is for intervention and whether there is a likelihood of imminent danger for the child.

(b) After documenting all of the facts surrounding the alleged abuse, the Volunteer shall call the hotline established by the NJ Department of Children and Families @ 1-877-652-2873.

(8) For officials and department heads who witness or become aware of alleged cases of abuse or neglect:

(a) The officials and department heads shall immediately document the alleged abuse in writing including the following information, as recommended by the New Jersey Department of Children and Families:

[1] Who: the child and parent/caregiver's name, age and address and the name of the alleged perpetrator and that person's relationship to the child.

[2] What: type and frequency of alleged abuse/neglect, current or previous injuries to the child and what caused you to become concerned.

[3] When: when the alleged abuse/neglect occurred and when you learned of it.

[4] Where: where the incident occurred, where the child is now and whether the alleged perpetrator has access to the child.

[5] How: how urgent the need is for intervention and whether there is a likelihood of imminent danger for the child.

(b) After documenting all of the facts surrounding the alleged abuse, the Officials or Department Heads shall call the hotline established by the NJ Department of Children and Families @ 1-877-652-2873.

(9) For law enforcement officers:

(a) Immediately report any suspected or alleged cases of abuse or neglect to the County Prosecutor.

K. Important information regarding reporting suspected abuse under NJ law:

(1) The following guidelines have been established under New Jersey law, for those reporting suspected or alleged cases of abuse or neglect. The Township encourages all officials, employees, and volunteers in programs operated by the Township or affiliated programs or activities to report suspected cases of abuse with the following in mind.

(a) Any person who, in good faith, makes a report of child abuse or neglect or testifies in a child abuse hearing resulting from such a report is immune from any criminal or civil liability as a result of such action. Calls can be placed to the hotline anonymously.

(b) However, any person who knowingly fails to report suspected abuse or neglect according to the law or to comply with the provisions of the law is a disorderly person.

(c) When a report indicates that a child may be at risk, an investigator from the Division of Child Protection and Permanency (formerly Youth and Family Services) will promptly investigate the allegations of child abuse and neglect within 24 hours of receipt of the report.

L. Acknowledgement of receipt and review of policy.

(1) All officials, employees/counselors, and volunteers shall sign and date an acknowledgement form that confirms they have received and reviewed the Policy Addressing the Protection and Safe Treatment of Minors, issued to them by the Township. The same process shall be used for any revised policy issued in the future.

§ 27-45 Resignation.

A. Employees may resign in good standing by giving their immediate supervisor at least 14 days advance written notice. The Employer may waive this requirement and consent to a shorter notice. If an employee resigns without giving the required notice, he/she will be considered to have resigned not in good standing.

B. Employees who resign will be notified by the Employer as to the status of various employee benefits. At times, an exit interview may be held.

§ 27-46 Safety policy.

A. The Township endeavors to provide a safe and healthy work environment for all employees and shall comply with the requirements of the Public employees Occupational Safety and Health Act ("PEOSHA"). The Township is equally concerned about the safety of the public.

B. Consistent with this policy, employees will receive periodic safety training and will be provided with appropriate safety equipment. Employees are responsible for observing safety rules and using available safety devices including personal protective equipment. Failure to do so constitutes grounds for disciplinary action.

C. Any occupational or unsafe public condition, practice, procedure or act must be immediately reported to the supervisor or department head. Any on-the-job accident or accident involving the Township's facilities, equipment, or motor vehicles must also be immediately reported to the supervisor or department head and the Chief Administrative Officer. Failure to do so constitutes grounds for disciplinary action. Employees are encouraged to discuss safety concerns with supervisory personnel.

§ 27-47 Security policy.

A. The Township makes every effort to provide for employees' safety and security while at work. The Township, however, does not accept responsibility for the protection of employees' personal property. The Township is not liable for loss or damage to personal property.

B. The Township maintains a work environment that is free of illegal drugs, alcohol, unauthorized firearms, explosives, or other improper materials. To this end, the Township prohibits the possession, transfer, sale, or use of such materials on its premises. The Township requires the cooperation of all employees in administering this policy. Desks, lockers, other storage devices, and Township vehicles may be provided for the convenience of employees, but remain the sole property of the Township. Accordingly, they, as well as any articles found within them, can be inspected by any agent or representative of the Township at any time, either with or without prior notice. The Township may conduct video surveillance of Township property to, among other things, identify safety concerns, detect theft, and discourage or prevent acts of harassment and workplace violence. Additionally, the Township may monitor employee e-mails.

C. Security is everyone's responsibility. If any employee sees or suspects that an individual is breaching security, it is the employee's responsibility to notify his or her supervisor or department head immediately. In the event a serious incident occurs, employees must report it to their department head promptly. The following are examples of serious incidents that should be reported immediately:

(1) Any accident which results in the injury of a third party while on the premises.

(2) Any incident in which physical force is either used by or against an employee.

(3) Any incident which involves a crime, or an attempt to commit a crime, such as robbery or the theft of money.

(4) Any incident in which a serious unfavorable reaction from the public might be expected.

(5) The loss of Township keys.

(6) Any other incident, which an employee believes is of a nature that it should be brought to the attention of the department head without delay.

D. Employees are encouraged to make any reports, in writing, so that they may be properly addressed by the Township.

§ 27-48 State residency requirement.

A. Every employee shall have his/her principal place of residence in the State of New Jersey. New hires shall have one year from the time of taking office, employment or position to satisfy the requirement of principal residency. Failure to satisfy this requirement shall render the employee unqualified for holding office, employment or position with the Township.

B. If, however, an employee holds an office, employment, or position with the Township as of Sept. 1, of 2011 (the effective date of P.L.2011, c.70), but does not have his or her principal residence in this State on that effective date, he/shall will not be subject to the residency requirement while that employee continues to hold office, employment, or position without a break in public service of greater than seven days.

§ 27-49 Policy for use of Township vehicles (non-law enforcement).

The Township owns and maintains a fleet of vehicles ("Township vehicles") that are used in furtherance of the business of the Township. The following policy governs the use of all Township vehicles (with the exception of vehicles utilized for law enforcement purposes), and supersedes all other vehicle policies previously in effect. Any employee violating the provisions contained herein will be subject to disciplinary action, up to and including termination, in accordance with applicable laws and regulations. Violations of this policy may also result in the denial of indemnification and/or defense by the Township to the employee in any civil or criminal matter brought in any court arising from improper use of an Township vehicle. The Township also expressly reserves its right to seek indemnification and/or contribution from employees (including their personal automobile insurance policies) found to have acted in violation of this policy to the maximum extent permitted by law.

A. Driving privileges and licensure. The use of a Township vehicle by an employee is subject to the approval and discretion of the Chief Administrative Officer. Any employee operating a Township vehicle must have, in his or her possession, a valid driver's license issued by a state regulatory body within the United States. Licenses issued by any territory or possession of the United States, the District of Columbia, or any international agency (including any province of the Dominion of Canada) must be expressly approved by the Township's insurance carrier before an employee will be permitted to operate a Township vehicle.

(1) Employees are required to file a copy of a valid driver's license with the Township prior to the use of a Township vehicle.

(a) Upon request, an employee must provide a copy of their driver's license or other required documents within 24 hours of said request.

(b) Employees shall inform the Township within 24 hours of any changes in the status of their driving privileges.

(c) Failure to comply with the requirements of this section will result in an immediate suspension of an employee's privilege to operate a Township vehicle and may also result in the denial of indemnification and/or defense by the Township to the employee in any civil or criminal matter brought in any court arising from the use of a Township vehicle while said employee's driving privileges were suspended or revoked.

(2) The Township reserves the right to obtain a driving abstract record from the New Jersey Motor Vehicle Service Commission or other regulatory and law enforcement agencies.

(a) The Township reserves the right to suspend an employee's Township driving privileges if the Township deems necessary based on the employee's driving record.

(b) The Township shall utilize information obtained pursuant to this section only for the purposes of furthering the objectives of this policy and for no other reason, and will not reveal personal or other information contained in an employee's driving abstract record to any party except where required by applicable law.

(3) The Township occasionally offers safe driving courses and reserves the right to compel employee attendance at such courses.

(4) If requested by the Chief Administrative Officer or human resources official, the employee must agree to consent to a simulated road test to determine his/her fitness to safely operate a vehicle.

(5) In the event that the employee is under the influence of any medication (prescribed or over-the-counter) that might impair his/her ability to safely operate a vehicle, he/she must refrain from driving until he/she notifies the Township and await clearance to resume driving.

B. Official use only.

(1) The use of Township vehicles is restricted to official Township business only. Employees shall not be permitted to use Township vehicles for travel or activity unrelated to Township business. Likewise, no supervisor may authorize such use or any use of a Township vehicle for other than Township business or use which is otherwise inconsistent with this policy.

(2) Township vehicles assigned to employees under this policy are to be operated only by the employee while acting within the scope of their employment. No employee shall authorize or permit any other non-Township employee, including but not limited to family members of the employee, to operate or ride as a passenger in an assigned Township vehicle, unless said passengers are assisting in the official business of the Township.

C. Location of vehicles.

(1) Employees who are assigned the regular use of a Township vehicle for official business may, with written permission of his/her department head, take the Township vehicle home at night and keep said vehicle at home while off duty.

(2) If the employee will be absent from duty for more than two working days, or more than five consecutive days, including weekends and holidays, he/she must surrender the Township vehicle to his/her direct supervisor unless directed otherwise. An employee storing the vehicle at his residence must provide safe parking for the vehicle at all times.

D. Commuting. The use of a Township vehicle for driving to and from work is voluntary and does not entitle the employee to compensation or pay while engaged in that activity.

E. Accidents and incidents. Prior to operation of any Township vehicle, employees must consult their department head as to the appropriate steps to take if they become involved in an accident (filling out accident reports, obtaining witness names, etc.).

(1) In the event of an incident or accident involving the use of a Township vehicle, employees must immediately contact their supervisor and/or department head. All required reports and documentation must be submitted to the Chief Administrative Officer within two business days of receipt.

(2) An employee may be required to submit to an alcohol or drug screening test following an accident or incident if there is a reasonable suspicion to believe that the employee's use of drugs or alcohol may have contributed to the cause of the accident or as otherwise required by law or other policy of the Township.

F. Citations and violations.

(1) Operators of Township vehicles are expected to follow all laws, regulations and rules proscribed by the Motor Vehicle Commission. Drivers are responsible for paying any moving violation tickets and must notify the Township of said violations within 48 hours of receipt of said ticket (regardless of the employee's decision to contest such ticket in municipal court). Drivers are responsible for paying all parking tickets incurred. The Township should be notified of the receipt of a parking ticket within 48 hours of receipt of said ticket.

(2) Drivers are responsible for all "Notice of Delinquent Toll Payment Violations" (including but not limited to EZ-Pass). Upon having been notified of said violation, either by direct mail or notice from the Township, an employee shall, within 10 business days of such notice, provide acceptable proof to the Township that the outstanding toll and any related fees have been paid.

G. General policies and procedures. Employees authorized to use a Township vehicle for official business must adhere to the policies and procedures set forth in this policy. Failure to comply with the provisions below will result in a loss of privileges:

(1) Drivers must ensure that all required documents (driver's license, I.D. badge/card, registration, insurance card) are in their possession while operating the vehicle. Vehicle registration and insurance cards should be kept in a locked compartment of the vehicle when not in use.

(2) Employees assigned exclusive use of a Township vehicle are responsible for scheduling all repairs and manufacturer recommended maintenance with the Township, in order to maintain all manufacturers' warranties (including routine oil changes).

(3) Vehicles are to be kept clean at all times, and should be washed and vacuumed regularly (unless prohibited by the New Jersey Department of Environmental Protection or other similar regulatory body).

(4) No smoking is allowed in Township vehicles at any time.

(5) In accordance with N.J.S.A. 39:4-97.3 and any other applicable statutes and regulations, the use of hand-held phones or electronic devices (BlackBerry, navigation systems, etc.) while driving Township vehicles is prohibited. This prohibition includes the sending or reading of e-mails, text messages and other similar communications.

(6) All occupants must wear seat belts at all times when the vehicle is in use and observe all road safe rules and regulations, such as "Wipers On, Lights On."

(7) Employees are expected to operate vehicles in a safe and courteous manner at all times and are expressly reminded to avoid tailgating or other unsafe practices.

(8) Employees are reminded of the risks inherent from driving while drowsy. In the event that a driver becomes tired while operating a vehicle, they should pull off the road and seek appropriate assistance.

H. Violation of this policy may result in disciplinary action up to and including the suspension of the employee's privilege to operate a Township vehicle and/or termination.

§ 27-50 Transitional duty policy.

A. Purpose. To establish guidelines and procedures for transitional duty work assignments to employees who are recovering and recuperating from a work-related injury or illness, with temporary physical work restrictions or limitations, as diagnosed by a treating physician. Transitional duty assignments are temporary in nature.

B. Policy and benefits.

(1) According to a report authored by the American College of Occupational and Environment al Medicine, unnecessary, prolonged work absence can cause significant harm to a worker's well-being. Workers who are on extended disability often lose social relationships with co-workers, as well as the self-respect and self-esteem that comes from earning a living. For many workers, their job is part of their identity, and being kept away by illness or injury is a very stressful experience. By allowing a more accelerated return to work and more significant support during recovery, transitional duty programs can help employees reduce the stress and disruption that injuries or illness cause in their daily lives, leading to better recovery. Transitional duty programs offer time-limited, modified and meaningful work assignments to employees who, due to an on the job injury or illness, have been rendered temporarily incapable of meeting the physical demands of their usual duties. These assignments are modified to accommodate the physical limitations imposed by injury or illness, as determined by medical professionals involved in the care of the worker.

(2) The Township is committed to providing opportunities for employees who have been injured on the job to return to the workforce as soon as possible. The Township views the transitional duty program as a partnership with the employees who have been injured, with the sole objective of enhancing the recovery of employees to facilitate their return to work in their previous position as soon as possible.

(3) The Township will make every effort on a case by case basis to accommodate an employee under the Americans with Disabilities Act (ADA) absent an undue hardship by the Township.

(4) Benefits of an effective transitional duty program include:

(a) Greater control and monitoring of worker's compensation claims, and an increased chance for a positive resolution of those claims.

(b) Retaining the services of trained and valuable employees.

(c) Avoidance of replacement and training costs of hiring a new employee.

(d) Faster recovery by injured employees, both physically and psychologically.

(e) Discouragement of fraudulent claims.

(f) Enhancement of employee morale.

(g) Compliance with the Americans with Disabilities Act (ADA) by accommodating disabilities and avoiding costly and unnecessary lawsuits.

(h) Identification of cross-training opportunities.

(i) Enhanced awareness of safe work practices and injury prevention.

C. Definitions.

AMERICANS WITH DISABILITIES ACT (ADA)

Federal legislation passed in 1990 that prohibits discrimination against people with disabilities. The ADA makes it unlawful to discriminate against a disabled person in terms of employment opportunities, access to transportation, public accommodations, communications, and government activities. The law prohibits state and local governments from discriminating against the disabled. Townships are required to make reasonable accommodations in order for a disabled person to perform their job function.

FAIR LABOR STANDARDS ACT (FLSA)

Federal legislation enacted in 1938, and subsequently amended, setting forth the standards for minimum wage requirements, overtime payments, necessary recordkeeping provisions, and child labor in the U.S., which affect those employees working both on a full-time and part-time basis in the federal, state, and local government as well.

FUNCTIONAL CAPACITY EVALUATION (FCE)

A series of tests used to evaluate an injured employee's work- related physical abilities. A functional capacity evaluation is designed to be safe and to provide impartial information about an injury or illness. The tests in an FCE are performed by an evaluator certified to conduct these examinations.

INJURED WORKER (IW)

An employee (including persons on probationary, regular, casual or temporary status) of the Township who, due to an on the job injury or illness, has been rendered temporarily incapable of meeting the physical demands of their usual duties

JOB BANK

A listing of the job assignments available to injured employees under the Transitional Duty Program compiled, update and maintained by, the Transitional Duty Coordinator. The assignments may be in any department of the Township, and not necessarily in the department where the injured employee works typically.

MAXIMUM MEDICAL IMPROVEMENT (MMI)

The point at which the treating physician determines that (1) the condition resulting from the injury or illness is stable, (2) additional medical treatment or physical therapy will not improve the patient's condition or (3) the patient has reached the medical plateau of recovery.

MEANINGFUL WORK

Work assigned under the transitional duty program which in the judgment of the Township, has a serious, meaningful or useful quality and purpose. A written description of the work to be performed and the expected outcome shall be provided to each employee assigned meaningful work.

NURSE CASE MANAGER (NCM)

The medical professional assigned to each worker's compensation case who, along with the treating physician, works with the employee and the Township in directing the care of the injured employee.

TRANSITIONAL DUTY ASSIGNMENT

A temporary work assignment that does not exceed an employee's medical work restrictions during a period of recovery from a work-related injury or illness. A transitional duty assignment does not evolve at any time into a permanent position, and the injured employee is returned to work on a regular full-time basis as soon as possible.

TRANSITIONAL DUTY PROGRAM COORDINATOR (TDC)

An employee of the Township who has been duly assigned the responsibility of managing and directing the transitional duty program by the Chief Administrative Officer or governing body of the Township.

TREATING PHYSICIAN (TPJ)

The authorized medical professional assigned to each worker's compensation case by the Township's insurance professionals who, along with the Nurse Case Manager, works with the employee and the Township in directing the care of the injured employee. The treating physician is ultimately responsible for recommending an injured employee's ability to return to work under the transitional duty policy, and what restrictions should be imposed.

D. Transitional duty program guidelines. The Township has established the following guidelines for the transitional duty program:

(1) Transitional duty assignments are temporary in nature, and made at the sole discretion of the Township Transitional Duty Coordinator (TDC).

(2) In order for transitional duty to be offered to an employee, the employee must be qualified to perform the transitional duty assignment. If the employee is not qualified to perform the assignment (or cannot be trained by the Township to perform the assignment), the transitional duty assignment may be refused by the Township.

(3) Transitional duty is temporary, lasting no more than ___[1] calendar days. This time frame may be extended at the sole discretion of the Township Transitional Duty Coordinator (TDC). (Note: the typical range is from 45 to 90 days for the initial assignment, which may be extended.)

[1] Editor's Note: So in original.

(4) All employees who are receiving workers' compensation indemnity payments and working transitional duty assignments must follow the restrictions imposed by the treating physician (TP) while engaging in all activities. Please note: It is recommended that local units seek the advice of their municipal attorney or labor counsel prior to seeking to bar injured workers who are receiving indemnity payments from engaging in outside employment.

(5) The transitional duty policy does not affect the rights and privileges of employees under the provisions of the, Fair Labor Standards Act or Americans with Disabilities Act or other federal or state law or regulations.

(6) Refusal of a transitional duty assignment may adversely affect the employee's worker's compensation temporary disability benefits.

(7) As long as the assignment involves "meaningful work" (as defined herein), and it falls within the physical restrictions established by the medical professionals, the employees may be assigned transitional duty work in any department of the Township.

(8) Employees shall follow the policy of the Township regarding time off to attend medical appointments and physical therapy sessions which have been scheduled by the Nurse Case Manager. However, the employee is responsible for notifying the Township when they are unable to report to their transitional duty assignment due to a scheduled medical appointment.

(9) Transitional duty assignments are not guaranteed. Each assignment is reviewed on a case by case basis in accordance with the procedure set forth herein.

(10) The Township reserves the right at any time to request a functional capacity evaluation (FCE) of the injured employee to determine their fitness for assignment.

(11) Employees will be paid in accordance with applicable policies, salary ordinances, and collective bargaining agreements while on transitional duty. Employees participating in transitional duty assignments shall receive the full salary as long as they are working a full work day. (Note: the Township will determine if this provision is applicable. Typically, the Township will pay the injured worker the balance of his/her full salary, less the amount of temporary total disability benefits paid if the worker participates in the TD program.) All overtime assignments must be approved in advance by the department head, and must be in accordance with the transitional duty assignment and limitations set forth by the treating physician.

(12) The employee's time card or work hours shall be maintained by the department to which the employee is regularly assigned.

E. Creation of the job bank. In order to set up the "job bank," the Transitional Duty Coordinator (TDC) will contact all of the department heads in Township, and encourage each to fill out the form found in the Appendix entitled, "Possible Transitional Duty Assignments." Based on the input from department heads, the TDC will establish a "job bank," which will be used for the assignments under the transitional duty program. The TDC will update the job bank assignments as frequently as necessary. In addition, the TDC will collaborate with the Nurse Case Manager assigned to the Township, and formulate brief job descriptions for each of the assignments, including any medical restrictions that may be accommodated (i.e., standing, sitting, lifting, driving, bending, etc.).

F. Transitional duty program procedure.

(1) Transitional duty assignments are the collective responsibility of the Township (specifically the Transitional Duty Coordinator), along with the Claims Administrator, treating physician and Nurse Case Manager. The Transitional Duty Coordinator shall pay particular attention to the following:

(a) The TDC will make assignments with the goal of returning the employee to full duty as soon as possible. This may require the adjustment or modification of duties in the assignment as the employee's medical condition progresses (or regresses).

(b) The TDC shall maintain the confidentiality of all medical information related to the transitional duty assignments. Only individuals with an administrative "need to know" shall be included in discussions on transitional duty.

(c) The TDC shall contact upper management and the Claims Administrator if he or she becomes aware that an injured employee may have permanent medical restrictions. Permanent restrictions must be treated differently than temporary restrictions, and must be evaluated in accordance with possible implications under the Americans with Disabilities Act (ADA).

(2) The transitional duty assignment process is as follows:

(a) An initial medical assessment of the injured employee is completed by the treating physician in order to determine (1) the work restrictions imposed, and (2) the estimated duration of the recovery period. The results of the written medical assessment are provided to the Nurse Case Manager for review. The Nurse Case Manager will consult the treating physician if any clarification is necessary. The Township will maintain an updated copy of all job descriptions and will forward job descriptions to the Nurse Case Manager for review as part of the assessment process.

(b) The NCM will contact the TDC to discuss the results of the initial medical assessment, and whether or not the injured employee is a candidate for a temporary duty assignment, and, if so, what temporary duty assignments are available. The TDC will consider the employee's skills, knowledge, abilities, risks (if any) to the motoring public or other employees, in addition to the physical limitations set forth by the TP. The following skills may be necessary to participate in a transitional duty assignment:

[1] Sit or stand for some tasks.

[2] Understand and follow directions and procedures.

[3] Accept direction and function cooperatively.

[4] Communicate effectively and coherently using telephone, or when initiating or responding to verbal communication.

[5] Read and understand documents.

[6] Exercise independent judgment.

(c) If the injured employee is not a candidate for an assignment, the NCM will review the case after each medical appointment with the treating physician to determine if the injured worker's status has changed, and if so, the NCM will contact the TDC.

(d) It is extremely important for the TDC to communicate with the NCM regarding the employee's disposition relative to a temporary duty assignment.

(e) If a work assignment is available, prior to an assignment, the injured worker will meet with the TDC to go over the work assignment, what the expectations are, and any other concerns the injured worker may have. If necessary, the TDC shall arrange for training for the IW. During that meeting, the IW will be given the letter offering transitional duty assignment. The IW will be asked to sign the letter acknowledging his/her acceptance or rejection of the work assignment. If the IW declines the assignment, he/she will be directed to state the reasons in writing on the letter, and the TDC shall notify the IW that failure to accept the TD assignment may adversely affect his/her ability to collect workers' compensation temporary disability benefits. If the injured worker's objection is based on a disagreement with the treating physician's or Nurse Case Manager's work-related restrictions, the TDC shall discuss the case with the NCM and, if necessary the TP, prior to making a final decision. The decision of the TDC will be final, and shall be communicated to the IW and NCM.