A.
It shall be the policy of the Borough that employee
discipline and termination be part of an orderly progressive process
having as its guiding principles the following:
(1)
It shall be nondiscriminatory in the broadest sense.
(2)
It shall be fair and reasonably predictable.
(3)
It shall be part of an orderly, written process and
provide fundamental fairness (due process) to all employees.
(4)
No person shall be subject to discipline in retaliation
for having reported, in good faith, wrongdoing by another. This policy
shall be administered in accordance with the New Jersey whistle-blower's
law, i.e., New Jersey Conscientious Employee Protection Act, N.J.S.A.
34:19-1 et seq.
B.
Application.
(1)
An employee may be subject to disciplinary action
for any of the causes set forth hereinafter. An employee shall be
subjected to the following disciplinary action, not necessarily in
the following order:
(2)
The procedure set forth in this chapter shall be required
prior to any disciplinary action against an employee, but any violations
or omissions of said procedure not affecting an employee's substantive
rights shall not bar said disciplinary action.
C.
Causes. The causes sufficient for disciplinary action
shall include the following:
(1)
Neglect of duty.
(2)
Poor performance.
(3)
Absence without leave or failure to report after authorized
leave has expired or after such leave has been disapproved or revoked.
(4)
Insubordination or serious breach of discipline.
(5)
Violation of alcohol and/or drug program.
(6)
Conviction of a criminal act.
(7)
Disobedience of the departmental rules, regulations
and directives.
(8)
Conduct unbecoming a public employee.
D.
Procedure.
(1)
Informal. An employee may be sent home for the balance
of a day and suspended for an additional period, not exceeding two
additional days, by the department head in the event of an offense
causing a danger to the employee, the general public or other workers,
subjecting the Borough to substantial legal liability or which constitutes
a serious breach of order and discipline. Any other form of discipline
involving loss of pay shall be commenced through formal proceedings
as herein provided for. An employee disciplined informally as above
may appeal, as hereinafter provided for, to have the lost days of
pay restored and the informal discipline action expunged from or modified
within the employee's personnel file.
(2)
Formal.
(a)
Complaint. An employee charged with any of the
violations set forth above shall be notified, in writing, of the violation
within 30 days of the awareness of same by the governing body or superior
of the alleged violator, which charge shall state the specific facts
of the violation, including the date and time of the offense, and
said charge shall be signed by the departmental superior or Administrator
preferring the charge against an employee. An employee may be suspended
until disposition of the charge prepared against him in a formal complaint.
(b)
Hearing. An employee shall be entitled to a
full hearing on all charges before the governing body. The hearing
shall be a formal proceeding. The employee shall receive notice, by
certified mail, of the date, time and place of said hearing. The Administrator
of the department shall fix a date, time and place of said hearing
within 30 days after the filing of formal charges against said employee.
(c)
All charges shall be heard by the Mayor and
Council sitting as the authority to make a determination of said charges.
Testimony of all witnesses shall be taken under oath. The Borough
Attorney or other attorney designated by the governing body shall
prosecute the charges against the employee, and the employee may be
represented by counsel at the hearing, at his own expense. The Administrator
may order that a stenographic record be made of the proceedings or
the employee may request, in writing, that a stenographic record be
made, at the employee's expense, provided that the employee or his
counsel shall inform the Administrator, in writing, at least one week
prior to the date set for the hearing.
(d)
Determination. The governing body shall, after
completion of the hearing, make a determination, in writing, within
10 days after the completion of the hearing. The Administrator shall
notify the employee, in writing, of said action. The Administrator
shall inform the Personnel Administrator of the action to be taken
against said employee.
A.
A "grievance" is defined as any dispute concerning
the interpretation, application and/or enforcement of this chapter.
B.
A grievance arises on the date the employee affected
becomes or is made aware of the existence of the grievance. In the
event of a settlement or ruling which results in a determination of
monetary liability on the part of the Borough, such liability shall
not extend for more than 30 working days prior to the date the grievance
was first presented in writing.
C.
All grievances must be presented within five working
days after arising, and failure to report a grievance within such
time shall be deemed a waiver thereof.
D.
Step 1 - Supervisor Review. Any employee or anyone
of a group of employees having a grievance shall submit the same orally
to the employee's immediate supervisor, as designated by the Borough.
A union employee shall elect whether to have the steward present or
not at any oral presentation. Within two working days the immediate
supervisor shall inform the grievant and the steward having jurisdiction
of his decision.
E.
Step 2 - Administrator. If the grievance is not adjusted
satisfactorily to the employee, it shall be reduced to writing, by
the employee, on a form supplied by the Borough. The facts of the
grievance shall be detailed clearly and concisely, and the relief
requested shall be set forth. The complete form shall be signed by
the employee aggrieved. Within five working days after the Step 1
decision, the employee shall deliver the written grievance to the
Administrator. Failure by the employee to deliver the written grievance
within the five working days specified shall be deemed a settlement
of the grievance. The Administrator handling the Step 2 grievance
shall give his or her decision, in writing, within five working days
after the grievance is presented.
