[HISTORY: Adopted by the Mayor and Council
of the Borough of Leonia 9-20-2004 by Ord. No. 20-04[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Administrator — See Ch. 4.
Chief Financial Officer — See Ch. 15.
Municipal Court — See Ch. 21.
Code of Ethics — See Ch. 26.
Fire Department — See Ch. 29.
Officers and employees — See Ch. 42.
Police Department — See Ch. 49.
Department of Public Works — See Ch. 53.
Retirement — See Ch. 56.
Political fund-raising — See Ch. 208.
[1]
Editor's Note: This ordinance superseded Ord.
No. 06-04.
A.
This chapter is specifically excluded from § 1-1, Violations and penalties, of the Borough of Leonia Code. Furthermore, in accordance with state statute, the Library Board of Trustees establishes policies and procedures for public library employees.
B.
It is the policy of the Borough of Leonia to treat
employees and prospective employees in a manner consistent with all
applicable employment laws and regulations. The personnel policies
and procedures of the Borough of Leonia shall apply to all employees,
volunteers, elected or appointed officials and independent contractors.
In the event there is a conflict between these rules and any collective
bargaining agreement, personnel services contract or federal or state
law including the Attorney General's guidelines with respect to Police
Department personnel matters,[1] and the New Jersey Civil Service Act,[2] the terms, conditions of that contract or law shall prevail.
In all other cases, these policies and procedures shall prevail.
C.
All employees, officers and department heads shall
be appointed and promoted by the Mayor and Council of the Borough
of Leonia's Administrator. No person shall be employed or promoted
unless there exists a position created by an ordinance adopted by
the Mayor and Council of the Borough of Leonia as well as the necessary
budget appropriation and salary ordinance.
D.
The Administrator and all managerial/supervisory personnel
are authorized and responsible for personnel policies and procedures.
The Mayor and Council of the Borough of Leonia has appointed the Chair
of the Personnel Committee to assist the Borough Administrator in
implementing the personnel practices. The Borough Administrator and
the Chair of the Personnel Committee shall also have access to the
Labor Attorney appointed by the Mayor and Council of the Borough of
Leonia for guidance in personnel matters.
E.
As a general principle, the Borough of Leonia has
a no-tolerance policy towards workplace wrongdoing. The Borough of
Leonia officials, employees and independent contractors are to report
anything perceived to be improper. The Borough of Leonia believes
strongly in an open-door policy and encourages employees to talk with
his or her supervisor, department head or the Borough Administrator
concerning any problem.
F.
The Personnel Policies and Procedures Manual adopted
by the Mayor and Council of the Borough of Leonia is intended to provide
guidelines covering public service by the Borough of Leonia's employees
and is not a contract. This chapter contains many, but not necessarily
all, of the rules, regulations and conditions of employment for the
Borough of Leonia personnel. The provisions of this chapter may be
amended and supplemented from time to time without notice and at the
sole discretion of the Mayor and Council.
G.
To the maximum extent permitted by law, the employment
practices of the Borough of Leonia shall operate under the legal doctrine
known as "employment at will." Within federal and state law and any
applicable bargaining unit agreement, the Borough of Leonia shall
have the right to terminate an employee, with notice, and the Borough
of Leonia shall comply with all federal and state legal requirements
requiring notice and an opportunity to be heard in the event of discipline
and/or dismissal.
In the administration of personnel matters the
objectives are as follows:
A.
To maintain a public service of high competence and
character in personnel who conduct the affairs of government with
personal integrity, professionalism and service to the public.
B.
To foster in managers, supervisors, and all other
employees a positive attitude of responsive service, delivered in
an effective manner within budget constraints.
C.
To treat employees, individually and in groups, equitably
and fairly.
D.
To obtain well-qualified persons for all positions,
based on qualifications and experience, and free of personal and political
considerations.
E.
To give due consideration in filling vacancies to
qualified Borough employees.
F.
To provide employees competitive, performance-related
salaries and benefits.
A.
The Borough of Leonia is desirous of promoting and
maintaining a working environment whereby all employees, regardless
of title and level of employment, are treated with respect and decency.
Discrimination or disrespectful behavior by and toward another employee
will not be tolerated.
B.
The Borough of Leonia is committed to the principle
of equal opportunity pursuant to Title VII of the 1964 Civil Rights
Act as amended by the Equal Opportunity Act of 1972. Under no circumstances
will the Borough of Leonia discriminate on the basis of sex, race,
creed, color, religion, national origin, ancestry, age, marital or
political status, disability or sexual orientation. Decisions regarding
hiring, promotion, transfer, demotion or termination are based solely
on the qualifications and performance of the employee or prospective
employee. If any employee or prospective employee feels he or she
has been treated unfairly, he or she has the right to address his
or her concern with their supervisor or, if he or she prefers, his
or her department head or the Borough Administrator.
C.
It is the
Borough's policy to prohibit harassment of an employee by another
employee, management representative, supplier, volunteer or business
invitee on the basis of actual or perceived sex, race, color, creed,
religion, national origin, ancestry, age, marital or political status,
affectional or sexual orientation, domestic partnership status, civil
union status, atypical heredity, cellular or blood trait, genetic
information, disability (including AIDS or HIV infection), gender,
identity or expression, liability for service in the United States
Armed Forces, and/or any other characteristic protected by law. Harassment
of nonemployees by our employees is also prohibited. While it is not
easy to define precisely what harassment is, it includes slurs, epithets,
threats, derogatory comments, unwelcome jokes, teasing, caricatures
or representations of persons using electronically or physically altered
photos, drawings, or images and other similar verbal, written, printed
or physical conduct.
[Added 6-21-2010 by Ord. No. 08-10]
A.
All employees have a right to formally or informally
report any and all statements, acts or behavior by a coemployee, supervisory
personnel or elected officials which are deemed or perceived by the
affected employee to be an improper employment practice.
B.
Employees who may lodge a complaint can be assured
that their complaint will be taken seriously and will receive a prompt
and thorough investigation. Furthermore, employees' complaints will
be treated, to the extent possible, in a confidential manner; however,
anonymity or confidentiality cannot be guaranteed if action is to
be taken against the alleged wrongdoer since the accused may be entitled
to confront the accuser as a matter of due process.
The Borough is committed to the following equal
employment opportunity policies and procedures:
A.
The Borough will not discriminate against any employee
or applicant for employment because of age, sex, race, creed, color,
national origin, ancestry, marital status, sexual orientation or disability.
The Borough will take affirmative action to insure that such applicants
are recruited and employed and that employees are treated during employment
without regard to their age, race, creed, color, national origin,
ancestry, marital status or sex. Such action shall include but not
be limited to the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff and termination; rates
of pay or other forms of compensation; in selection for training,
including apprenticeship. The Borough will post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the Borough setting forth provisions of this nondiscriminating
clause.
B.
The Borough will, in all solicitations through advertisement
for employees placed by or on behalf of the Borough, state that all
qualified applicants will receive consideration for employment without
regard to age, race, creed, color, national origin, ancestry, marital
status or sex.
C.
The Borough will send to each labor union or representative
of workers for which it has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the agency contracting
officer advising the labor union or workers' representative of the
Borough's commitment and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
[Amended 3-19-2012 by Ord. No. 06-12]
A.
In compliance
with the Americans with Disabilities Act, the ADA Amendments Act and
the New Jersey Law Against Discrimination, the Borough of Leonia does
not discriminate based on disability. The Borough of Leonia will endeavor
to make every work environment handicap assessable, and all future
construction and renovation of facilities will be in accordance with
applicable barrier-free federal and state regulations and the Americans
with Disabilities Act Accessibility Guidelines, as well as the ADA
Amendments Act.
B.
It is the
policy of the Borough of Leonia to comply with all relevant and applicable
provisions of the Americans with Disabilities Act, the ADA Amendments
Act and the New Jersey Law Against Discrimination. We will not discriminate
against any employee or job applicant with respect to any terms, conditions,
or privileges of employment on the basis of a known or perceived disability.
We will also make reasonable accommodations to known physical or mental
limitations of all employees and applicants with disabilities, provided
that the individual is otherwise qualified to safely perform the essential
functions of the job and also provided that the accommodation does
not impose undue hardship on the Borough of Leonia.
C.
The Borough
Administrator shall engage in an interactive dialogue with disabled
employees and prospective employees to identify reasonable accommodations.
All decisions with regard to reasonable accommodation shall be made
by the Borough Administrator. Employees who are assigned to a new
position as a reasonable accommodation will receive the salary for
their new position. The Americans with Disabilities Act does not require
the Borough of Leonia to offer permanent "light duty," relocate essential
job functions, or provide personal use items such as eyeglasses, hearing
aids, wheelchairs, etc.
D.
Employees
should also offer assistance, to the extent possible, to any member
of the public who requests or needs an accommodation when visiting
the Borough of Leonia facilities. Any questions concerning proper
assistance should be directed to the Borough Administrator.
A.
The Borough prohibits the unlawful use, possession
or distribution of any controlled dangerous substance by any person
in any municipal building, upon any municipal grounds or during any
activity or event sponsored by the Borough.
B.
Every employee of this Borough must, as a condition
of employment, agree to be bound by this policy. An employee who violates
the prohibitions or reporting requirements of this policy will be
subject to discipline, which may include dismissal. An employee whose
involvement with drugs results in a conviction for a crime of the
third degree or above or for an offense touching their position will
be deemed to have forfeited their public employment pursuant to N.J.S.A.
2C:51-2.
C.
An employee who is convicted of a drug-related offense
must report the conviction to the Borough within five days. The Borough
will then within 10 days thereof report any such conviction resulting
from drug use in the workplace to any federal agency from which the
Borough has received grant funds.
D.
The Mayor and Council shall take one of the following
actions against any employee so convicted within 30 calendar days
of receiving notice:
E.
The Borough will report to law enforcement officials
and prosecute as appropriate any employee or visitor who violates
the prohibitions of this policy.
F.
Employees using prescription drugs that may affect
job performance or safety must notify the Borough Administrator, who
is required to maintain the confidentiality of any information regarding
an employee’s medical condition. The Borough of Leonia personnel
who are required to maintain a commercial driver’s license (CDL)
are subject to random drug testing as required by the federal government.
[Amended 5-5-2008 by Ord. No. 17-08]
G.
No-smoking policy. The New Jersey Legislature has
declared that in all governmental buildings, the rights of nonsmokers
to breathe clean air supercedes the rights of smokers. In accordance
with state law, the Borough of Leonia has adopted a smoke-free policy
for all buildings. The Borough of Leonia facilities shall be smoke-free,
and no employee or visitor will be permitted to smoke anywhere in
the municipal buildings. Employees are permitted to smoke only outside
municipal buildings and such locations as not to allow the reentry
of smoke into building entrances. This policy shall be strictly enforced
and any employee found in violation will be subject to disciplinary
action.
A.
The Borough of Leonia will not tolerate workplace
violence. Violent acts or threats made by an employee against another
person or property are cause for immediate dismissal and will be fully
prosecuted. This includes any violence or threats made on the Borough
of Leonia property, at Borough of Leonia events or under other circumstances
that may negatively affect the Borough of Leonia's ability to conduct
business.
B.
Prohibited conduct includes:
(1)
Causing physical injury to another person.
(2)
Making threatening remarks.
(3)
Aggressive or hostile behavior that creates a reasonable
fear of injury to another person or subjects another individual to
emotional distress.
(4)
Intentionally damaging employer property or property
of another employee.
(5)
Possession of a weapon while on the Borough of Leonia
property or while on Borough of Leonia business except with the authority
of the Police Chief.
(6)
Committing acts motivated by, or related to, sexual
harassment or domestic violence.
C.
Any potentially dangerous situations must be immediately
reported. The Borough of Leonia will actively intervene in any potentially
hostile or violent situation.
A.
The Borough of Leonia will not tolerate harassment
in the workplace, including harassment motivated by sex, race, creed,
color, religion, national origin, ancestry, age, nationality, marital
or political status, disability or sexual orientation. Borough of
Leonia officials, appointees, managers, supervisors, employees, volunteers
and outside contractors alike must comply with this policy and take
appropriate measures to ensure that such conduct does not occur. Violations
of this policy will result in disciplinary action up to and including
discharge, or in the event nonemployees are found to be at fault,
other appropriate action. Employees who feel they have been subject
to harassment must report the harassment to their supervisor or, if
they prefer, to the department head or the Labor Attorney. See the
employee complaint policy.[1] Harassment of nonemployees by our employees is also prohibited.
[Amended 6-21-2010 by Ord. No. 08-10]
B.
"Sexual harassment" is defined as any physical or
verbal sexual advances, requests for sexual favors and other verbal
or physical conduct that is sexually offensive or is designed to elicit
sexual favors. Sexual harassment shall also include treatment of an
employee in a manner different or inconsistent with the personnel
policies of the Borough of Leonia based upon the employee's sex or
the employee's refusal to provide sexual favors. Sexual harassment
includes but is not limited to unwelcome sexual advances, requests
for sexual favors, creating an intimidating, hostile or offensive
work environment by such conduct, making unwelcome, offensive remarks,
sexual innuendos, caricatures or representations of persons using
electronically or physically altered photos, drawings or images, suggestive
comments, jokes of a sexual nature, suggestive pictures, and unwanted
physical contact. Regarding unwelcome sexual advances toward nonemployees,
requesting sexual favors and other verbal, physical or visual conduct
of a sexual nature constitutes harassment when:
[Amended 6-21-2010 by Ord. No. 08-10]
(1)
Submission
to such conduct is made either explicitly or implicitly in exchange
for a benefit;
(2)
Submission
to or rejection of such conduct by an individual is used as the basis
for a decision affecting the individual; or
(3)
Such
conduct has the purpose or effect of unreasonably interfering with
an individual's activities or creating an intimidating, hostile or
offensive environment.
C.
Individuals who believe that they have been subjected
to discrimination and/or harassment from either a coworker or a supervisor
should confront their harasser and make it clear that such behavior
is offensive to them. Thereafter, the individual should immediately
bring the matter to the attention of their immediate supervisor. If
this is impractical, employees shall immediately report harassment
to the Borough Administrator. It is important that employees report
such conduct immediately.
D.
The complaining employee shall submit a written report
setting forth the alleged harassment to which the employee was subjected
and naming the alleged harasser and any and all witnesses to such
alleged harassment. The employee, the alleged harasser and any witnesses
may be interviewed regarding the alleged harassment.
E.
After a written complaint has been reported, the Borough
Administrator shall immediately begin a thorough investigation into
such charges.
F.
After a thorough investigation into such charges,
the Borough Administrator shall inform the complainant of the results
of its investigation. If as a result of the investigation anyone is
found to have engaged in sexual harassment, the individual shall be
subject to discipline, up to and including discharge.
G.
A report of harassment is a serious matter and is
not to be taken lightly. The Borough encourages any employee who feels
that she/he has been the subject of harassment to file such a complaint
immediately. This is a serious charge, and frivolous charges are seriously
discouraged.
H.
If either the complaining party or the alleged harasser
are displeased with the outcome of the investigation, they shall immediately
appeal to the Mayor and Council for a final administrative determination
before resorting to outside remedies.
A.
The Borough is committed to providing and maintaining
a healthy and safe work environment which allows all employees to
perform their jobs in a safe and productive manner. The Borough 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.
B.
The Borough 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 Borough's continued commitment to its
affirmative action goals related to physically disabled employees.
C.
Employees with such conditions, who are able to meet
appropriate performance 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 accommodation
in their employment. This has been and continues to be the policy
of the Borough.
D.
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 health and disability benefits.
Employment with the Borough shall be classified
using the following categories:
A.
Administrative/executive: department heads and supervisory
personnel.
B.
Permanent full time: employees who work at least 35
hours per week year round, inclusive of all holidays, vacations and
leaves, provided that, for employees working variable shifts, the
35 hours may be averaged over more than one week.
C.
Permanent full-time shift workers: special police
officers and police communications officers who work twelve-hour shifts.
D.
Permanent full-time, twelve-month professional: public
health nurse.
[Amended 12-9-2013 by Ord. No. 11-13]
E.
Part time: employees who work less than 35 hours a
week and whose positions are formally created and whose work is scheduled
on an hourly, daily or task basis.
[Amended 5-5-2008 by Ord. No. 17-08]
F.
Temporary/seasonal: employees hired on an hourly,
daily or lump-sum basis for a period of time defined in advance and
extending for not more than six months, provided that the term may
be extended for an additional six months.
G.
Temporary hourly: those employees hired only when
they are needed to accomplish a specific task and whose compensation
depends on the actual number of hours worked.
A.
When a vacancy exists in an established position,
the Borough will make every effort to seek new employees to fill these
vacancies. Such efforts shall include public advertisement and posting
notices of vacancies so that permanent Borough employees may also
have an opportunity to apply for the position and to be given due
consideration in such an application process.
B.
Persons seeking employment with the Borough shall
complete application forms that become a permanent part of the personnel
record. They shall contain the applicant's name, address and telephone
number, driver's license number if the need for a driver's license
is a requirement of the position or if the lack of a driver's license
might make performance of the job for which the applicant is applying
more difficult, record of criminal convictions and sufficient information
about the applicant's education and experience to permit an initial
determination of the applicant's suitability for the position.
C.
Requests for references or employment verification.
(1)
Inquiries and written requests for references or employment
verification regarding a current or former employee must be referred
to the Borough Administrator. No employee may issue a reference letter
without the permission of the Borough Administrator. Under no circumstances
should any information be released over the phone.
(2)
In response to a request for information, the Borough
Administrator will only verify an employee's name, dates of employment,
job title, department and final salary. No other data or information
will be furnished unless the Borough of Leonia is required to release
the information by law or the employee or former employee authorizes
the Borough of Leonia in writing to furnish this information and releases
the Borough of Leonia from liability.
D.
Drug test; drug affidavit.
(1)
Drug test. The successful candidate for employment
to a position requiring operation of motor vehicles or mechanical
equipment shall be required to complete a drug test before beginning
employment. All costs related to testing shall be done by the Borough.
(2)
Drug affidavit. All other successful candidates shall
be required to sign an affidavit stating that they do not use drugs
except those prescribed for treatment. The affidavit shall clearly
affirm that the prospective employee is not taking drugs prohibited
by law.
E.
Where appropriate, both physical and mental examinations
may be given to applicants for a position. These examinations shall
be designed to test the applicant's knowledge of the trade, craft
or skills appropriate to the vacant position and such other aspects
of the applicant's abilities as are appropriate to the specific position
in which there is a vacancy.
F.
No applicant or employee may be appointed to any position
classified, including probationary or temporary/seasonal or hourly,
without the prior approval of the Mayor and Council. The department
head will personally interview the applicants for the position and
shall recommend to the Borough Administrator. Approval shall be in
the form of a resolution.
H.
An applicant for a full or permanent part-time position
shall be notified in writing of appointment to employment with the
Borough by the department head/Borough Administrator. The notification
shall contain:
(1)
The title of the position.
(2)
The classification of the position under the terms
of this chapter.
(3)
A statement regarding the probationary period and
the conditions pertaining to that period.
(4)
The starting wage or salary for the position.
(5)
The hours of work for the position.
(6)
The title of the supervisor to whom the appointee
will report directly.
(7)
The date on which the appointment is effective.
(8)
A copy of the position description.
I.
Credit reports, per resolution of the Council, shall
be done on certain employees.
J.
Record retention. All applications, notes made during
interviews, reference checks, job offers and other documents created
during the hiring process must be returned to the Borough Administrator.
Documents related to the successful candidate will be placed in the
employee's official personnel file. All records related to other candidates
must be retained for at least one year. Records and documents created
during the hiring process are confidential and must be retained in
a locked cabinet.
[Amended 7-6-2005 by Ord. No. 12-05]
Discussions by the governing body of the Borough
of Leonia concerning termination or discipline of any current officer
or employee shall be in closed session unless the individual requests
in writing that the discussion be held in open session. Such request
must be granted. Prior to the discussion by the governing body of
the Borough of Leonia concerning such matters, the Borough Administrator
shall notify the affected person(s) of the meeting date, time and
place when/where the matters will be discussed and the person's right
to request that the discussion occur in open session. In the event
more than one person is affected by the discussion and one of the
affected persons does not request that the discussion be in open session,
then the discussion shall be in closed session. If the individual(s)
does not request that the discussion be held in open session, the
governing body of the Borough of Leonia may at its sole discretion
invite the affected individual(s) to attend the applicable portion
of the closed session.
Copies of the handbook will be distributed and
employees will be required to sign an acknowledgement of receipt that
will be placed in the official personnel file. The handbook will be
revised and redistributed whenever there is a significant change in
personnel practice or every two years.
A.
Employment is at will, and the employer reserves the
right to terminate employment without cause or hearing. These personnel
policies which describe certain present practices of the municipality
are informational in nature and do not constitute a contract with
the employee or become a part of the terms and conditions of employment.
B.
Only the Mayor and Council, by duly adopted resolution,
has the power to modify the terms and conditions of employment. No
other person, be it elected, appointed or otherwise, has the power
to alter the provisions or to make any promises on behalf of the governing
body respecting any employment.
C.
The employee must accept employment in writing. The
statement shall be made as part of the hiring resolution.
[Amended 5-5-2008 by Ord. No. 17-08; 3-19-2012 by Ord. No. 06-12]
A.
Personnel files shall be maintained in the office of the Borough
Administrator with the exception of police and library employees,
whose files shall be maintained by the Police Chief and Library Director,
respectively.
B.
The Borough Administrator, in the capacity as the Borough's
personnel officer, is the custodian of all personnel records and by
definition shall be allowed access to all personnel files, including
police and library. Files shall contain written records of forms,
orientation and intake forms, personnel evaluations, separation records,
pay and attendance records and records of disciplinary actions that
result in loss of pay.
C.
Upon request, employees may inspect their own personnel files at
a mutually agreeable time on the Borough of Leonia premises in the
presence of the Borough Administrator or a designated supervisor.
The employee will be entitled to see any records used to determine
his or her qualifications for employment, promotion or wage increases
and any records used for disciplinary purposes. Employees may not
remove any papers from the file. Employees will be allowed to have
a copy of any document they have signed relating to their obtaining
employment. Employees may add to the file their versions of any disputed
item.
D.
Personnel files do not contain confidential employee medical information.
Any such information that the Borough of Leonia may obtain will be
maintained in separate files and treated at all times as confidential
information. Any such medical information may be disclosed under very
limited circumstances in accordance with any applicable legal requirements.
E.
The Borough of Leonia endeavors to maintain the privacy of personnel
records. There are limited circumstances in which the Borough of Leonia
will release information contained in personnel or medical records
to persons outside the Borough of Leonia. These circumstances include:
(1)
In response to a valid subpoena, court order or order of an authorized
administrative agency;
(2)
To an authorized governmental agency as part of an investigation
of the Borough of Leonia compliance with applicable law;
(3)
To the Borough of Leonia agents and attorneys, when necessary;
(4)
In a lawsuit, administrative proceeding, grievance or arbitration
in which the employee and the Borough of Leonia are parties;
(5)
In a workers' compensation proceeding;
(6)
To administer benefit plans;
(7)
To an authorized health care provider;
(8)
To first aid or safety personnel, when necessary; and
F.
It is the responsibility of each employee to notify the Borough Administrator
promptly, in writing, of any changes of vital information, including
the following items:
A.
All rates of pay shall be determined and set by action
of the governing body in accordance with the provisions of all applicable
federal and New Jersey State Statutes. The Library Board of Trustees
shall determine rates of pay for library personnel.
B.
A rate of pay shall be set for each position, with
that rate being consistent among positions of similar complexity,
difficulty and work load. The rate of pay established for each position
may include a range of approved compensation, and no person holding
such a position shall be paid more than the maximum rate nor less
than the minimum.
D.
Position descriptions.
(1)
For each position established under the terms of this
chapter there shall be a position description. That description shall
be prepared by the appropriate department head. Position descriptions
shall contain not less than the following information:
(a)
The name of the position.
(b)
The classification of the position under the
terms of this chapter.
(c)
A general description of the nature of the duties
to be performed, together with specific examples of the duties to
be performed.
(d)
Language to the effect that the employee shall
perform such other assignments and functions as required by their
immediate supervisor.
(e)
Requirements for the position in terms of education,
training skills and experience.
(f)
Where applicable, the essential functions of
the job shall be described.
(g)
The title of the department head having supervisory
control over the position and the name of the Borough department or
Council committee, as appropriate, having overview of the position.
(2)
Position descriptions shall be submitted to the Borough
Administrator for review and update on an annual basis.
E.
Notwithstanding the existence of any position description,
it shall be the right of the Borough and its duly authorized agents
to make such work assignments for any employee as are within the skills
and abilities of that employee and are required for the continued
effective operation of Borough departments.
(1)
If such assignment is to be made on a permanent basis
or reflects a significant change in the nature of the duties of any
position, a revised position description shall be drafted and approved
under the terms of this chapter.
(2)
No employee shall refuse to perform any task within
that employee's skills and abilities solely for the reason that the
task is not included in the description of that employee's position.
A.
Employees who are appointed to full-time or part-time
positions shall be placed on probation for a period of 180 days. Probation
may be continued beyond this initial period by written notice to the
employee that shall contain the reasons for the extension and its
term. In no case shall probation be extended more than six months.
At the end of the probationary period provided by this section, the
employee shall either be hired permanently or terminated.
B.
During the probationary period, employment may be
terminated upon twenty-four-hours' written notice without cause.
C.
Probationary employees will only receive salary and
medical benefits during this period of time. Any additional benefits
which would be vacation or sick leave shall accrue upon being hired
as a permanent employee. Then, all benefits which have been accrued
will become actual and the tenure of the employee shall be based upon
the actual date of hiring.
D.
The department head will complete a written evaluation
and appraisal form for every employee to measure progress and to encourage
self-improvement at least once a year. The evaluation will also record
additional duties performed and educational courses completed, as
well as a plan to correct any weak points using the employee counseling
form. After completing the evaluation, the supervisor or department
head will review the results with the employee and return the form
with the signed acknowledgement to the Borough Administrator. After
review by the Administrator, the form will be included in the employee's
official personnel file. As part of the evaluation, employees have
the right to request a conference with the Borough Administrator.
E.
At any time in the future, should the Borough adopt
a pay plan consisting of increases based on step increments, such
annual evaluations shall be consulted determining employee eligibility
for such increases.
A.
Accurate and complete time and attendance records
shall be maintained by each department of the Borough. The department
head will certify as to the accuracy of the time and attendance records.
In the event of unsafe conditions, the Borough Administrator may authorize
department heads to close operations earlier than the normal working
hours. If conditions exist prior to scheduled openings, the Borough
Administrator shall notify department heads of a delayed opening and
a new opening time. Each Department will have a calling system in
place. If the employee chooses not to report to work, a full vacation
day or compensating time will be charged, Sick time will only be charged
for a legitimate illness. If work is called off for the day, no time
will be charged for the day. This provision does not apply to the
Department of Public Works, police or any personnel who may be required
to assist in an emergency.
B.
Compensatory time. The standing policy is to give
equivalent time off rather than pay for overtime work. In accordance
with the Fair Labor Standards Act, the employee must agree to compensatory
time off. Therefore, there will be instances where an employee will
ask for payment. The department head may grant overtime payments if
funding is available. Compensatory time off is at the time-and-a-half
rate when work is performed in excess of a forty-hour work week. The
following policy shall apply with regard to compensatory time:
(1)
Department or office heads.
(a)
This shall include Borough Administrator, Borough
Clerk, Chief Financial Officer, Recreation Director, Program Supervisor,
Police Chief, Police Captain, and Public Works Superintendent.
[Amended 8-11-2014 by Ord. No. 2014-7]
(b)
The department or office head may take 10 compensatory
days per year.
(c)
This time shall not be reimbursed upon resignation
or retirement.
(2)
Borough employees.
(a)
This shall include all municipal employees with
the exception of the collective bargaining units.
(b)
All requests for compensatory time, except library
personnel, must be approved in writing in advance by the Borough Administrator.
(c)
At no time will compensatory time be carried
over to the following year or paid by compensation except for employees
who worked overtime, and as to those employees, the Mayor and Council
may extend their compensatory time through January 31 of the succeeding
year.
(d)
Some members of the Recreation Office are required
to work during holidays. To compensate, they shall be entitled to
time off on a different work day.
C.
Overtime.
(1)
Overtime work shall be kept to a minimum, and except
in cases of emergency, must be authorized in advance by the department
head. Department heads shall rotate overtime assignments on an equitable
basis among those qualified to perform the necessary work.
(2)
Overtime hours worked shall be reported on the regular
weekly time sheets. Supporting reasons for all overtime work shall
be noted on the back of the time sheets.
(3)
In computing overtime compensation, the nearest one
half hour shall be the smallest fraction of an hour to be counted.
(4)
Overtime compensation, for work authorized or approved
by the department head, shall be paid for all time worked beyond the
regularly scheduled hours of work, except as indicated in the following
subsection.
(5)
An employee who works a prescribed work week of fewer
than 40 hours shall receive regular pay for the hours worked between
35 and 40 and receive overtime for the hours worked in excess of 40
hours.
(6)
All employees should expect to perform a reasonable
amount of overtime. The Borough does recognize that it may be inconvenient
for individual employees to work overtime and it will give due consideration
to each request for relief from requested overtime.
D.
Vacation.
(1)
Annual vacation leave shall be calculated according
to the following schedule:
(a)
For the first full year, beginning January 1,
through the fourth year of employment: 11 working days. Crossing guards
will receive prorated vacation benefits as specified under the collective
bargaining agreement. Part-time employees are not entitled to paid
vacation leave.
[Amended 5-5-2008 by Ord. No. 17-08]
(b)
For the fifth through the ninth year of employment:
14 working days.
(c)
For the 10th through the 16th year of employment:
18 working days.
(d)
From the 17th year of continuous employment:
21 working days.
(2)
After one year of employment, the number of days of
vacation due to each employee shall be calculated on the anniversary
date, and each employee shall be notified of the number of days due.
For the purposes of calculating vacation leave, the year as used above
shall begin January 1.
(3)
An employee may take vacation at any time during the
calendar year, provided that no employee may be granted more than
the number of vacation days due at the time vacation begins.
(4)
Up to 10 days of vacation leave not used in one calendar
year, subject to prior approval by the department head and Borough
Administrator before year's end, may be accumulated and used within
the first half of the next succeeding calendar year only. Vacation
due within one year and not used by the end of the first half of the
next succeeding year shall be forfeited by the employee.
(5)
The department head shall schedule vacations for employees
of the department taking into account the employee's seniority, the
union contract if applicable, and the continued effective operation
of the department. The department head shall make known procedures
of requesting vacation leave. If the continued effective operation
of the department in the opinion of the department head makes it undesirable
for two or more employees to take simultaneous vacation leave, relative
seniority shall be used in scheduling those vacations. Vacation leave
must be scheduled in advance.
(6)
Vacation taken at any one time shall normally be limited
to two weeks (10 days), Mayor and Council approval is necessary for
more than 10 days' vacation at a time.
(7)
Vacation leave that is due to an employee who voluntarily
leaves employment shall be calculated as of the date of separation,
and the employee shall be compensated for the amount of leave due.
The estate of any employee who dies while employed by the Borough
shall be compensated for any vacation due the employee at the time
of death.
(8)
Employees shall not receive any payment in lieu of
vacation time not taken.
E.
Sick leave.
(1)
Sick leave is defined to mean a necessary absence
from duty due to illness or nonservice-onnected injury.
(2)
Sick leave shall be granted to each employee according
to the following schedule:
(a)
From the date of appointment as a permanent
employee to December 31 of that year: one day for each month of continuous
employment to a maximum of 10 days.
[Amended 5-5-2008 by Ord. No. 17-08]
(b)
For each calendar year thereafter: 12 days for
each year of continuous employment.
(c)
All employees who are not part of any collective
bargaining agreement including managers shall be paid for 1/2 of the
unused sick days by being paid 1/2 of the difference between 12 days
and the actual number of sick days taken if the employee has taken
less than 10 during the calendar year.
(3)
It is the responsibility of employees to notify their
supervisor, department head or other individual designated by the
department head if they will be absent from or delayed in reaching
their assigned post. If employees are unable to reach their supervisor
or department head, they shall notify the police. Failure to report
may lead to disciplinary action.
(4)
Employees wishing to use sick leave for the purpose
of diagnosis or treatment by a licensed physician shall request and
obtain permission for such use not less than 24 hours in advance.
(5)
All employees may be required, as a condition of return
to employment, to furnish medical evidence of illness satisfactory
to the Borough if that employee has been absent for a period of three
or more consecutive days due to illness.
(6)
The Borough may at any time require of any employee
proof of illness according to the reasons stated by the employee for
taking sick leave or if the Borough reasonably believes that the employee
may be abusing the sick leave terms of this chapter. Costs associated
with the proof required under this subsection shall be borne by the
employee.
(7)
An employee may be required, as a condition of return
to employment, to submit medical evidence satisfactory to the Borough
of ability to perform normally assigned duties.
(8)
All sick leave compensation will be withheld by the
Borough in the event that the employee does not comply with any reasonable
request for medical examination or submission of medical evidence
as to the condition or the employee does not comply with reasonable
medical directions for the improvement of that condition.
(9)
Following one year of employment, any employee, with
the exception of employees covered under the PBA contract, who requires
less than 10 days of sick leave during a calendar year, shall be paid
by January 15 of the following year for 1/2 of the difference between
12 days and the actual number of sick leave days taken at the regular
daily rate. The unpaid portion of this difference shall accumulate
to his or her credit from year to year, and such employee shall be
entitled to such accumulated sick leave if and when needed. In no
event shall the total accumulated sick leave exceed 180 days.
(10)
No employee shall receive credit or compensation of
any kind for unused sick leave in the event of that employee's retirement
or termination of employment for any reason. The exception is that
compensation can be made to those employees who accumulated large
numbers of sick days before the payment of 1/2 unused sick days was
instituted.
F.
Family and Medical Leave Act.
(1)
Employees who have been employed for at least 12 continuous
months and have worked at least 1,000 base hours, excluding overtime,
in the preceding twelve-month period, are eligible for family and
medical leave with no loss of position or pay rate. However, employees
on such leave will not continue to accrue vacation days, sick days,
personal days or longevity. Employees taking family or medical leave
under this section continue to be eligible for paid health insurance
coverage under the Borough of Leonia policy.
(2)
Upon written notice, eligible employees are entitled
to a family or medical leave for up to 12 weeks to care for a newly
born or adopted child or a seriously ill immediate family member or
for the employee's own serious health condition that makes the employee
unable to perform the functions of the employee's position. Eligible
employees who take leave under this policy must use all accrued available
vacation and personal days during the leave. The use of accrued time
will not extend the leave period. After exhausting accrued time, the
employee will no longer be paid for the remainder of the leave.
(3)
The period of leave must be supported by a physician's
certificate. An extension past 12 weeks can be requested, but medical
verification of the need must be submitted prior to the expiration
of the leave. The Borough of Leonia reserves the right to deny any
request for extended leave.
(4)
Commencing
July 1, 2009, family temporary disability ("FTD") payments for up
to six weeks in a twelve-month period will become available for eligible
employees who are caring for a seriously ill immediate family member
who is incapable of self-care or caring for a newborn or adopted child.
To be eligible, the employee must have worked at least 20 weeks at
minimum wage within the last 52 weeks or earned 1,000 times the minimum
wage. The weekly benefit is 2/3 of weekly compensation up to a maximum
of $524 per week (this amount is subject to change). FTD will run
concurrently with FMLA and/or FLA leaves, and there is a one-week
waiting period. Employees may also be required to use accrued sick,
vacation or personal leave for up to two weeks.
[Added 6-21-2010 by Ord. No. 08-10]
(5)
Employees
taking paid family leave in connection with a family member's serious
health condition may take leave intermittently or consecutively. Intermittent
leave is not available for the care of a newborn or adopted child.
Intermittent leave may be taken in one-day increments. An employee
seeking intermittent paid family leave is required to provide the
Borough of Leonia with 15 days' notice unless an emergency or other
unforeseen circumstance precludes prior notice. The employee seeking
intermittent leave shall make a reasonable attempt to schedule leave
in a nondisruptive manner. Employees requesting such leave shall provide
the Borough of Leonia with a regular schedule of days for intermittent
leave.
[Added 6-21-2010 by Ord. No. 08-10]
(6)
Employees
may also be eligible for an unpaid leave for up to 26 weeks in a year
to care for a family member on active duty in the military or up to
12 weeks in a year for a qualifying exigency. A qualifying exigency
occurs when a member of the National Guard or Reserves is called to
active duty and a close member of his/her family must attend official
ceremonies or family support or assistance meetings, there is a short-notice
deployment, to attend to child-care matters, to attend to financial
and/or legal matters, or for counseling.
[Added 6-21-2010 by Ord. No. 08-10]
G.
Maternity leave.
(1)
Additional unpaid maternity leave may be granted for
up to one year per the attached policy. Maternity leave shall be granted
to any pregnant employee upon application by the employee in writing
to the department head and approval by the Borough Administrator.
Maternity leave shall be taken without compensation. Benefits during
maternity leave will be paid per compliance with state and federal
law.
(2)
The term of maternity leave shall be for not more
than one year, with the exact term to be stated in advance by the
employee. The employee's preference shall be stated in the written
application for maternity leave, which shall include a statement from
the employee's physician concerning the projected date of birth of
the employee's child and a signed agreement by the employee to return
to work for a period equal to the length of the maternity leave.
(3)
Upon return to work from maternity leave, the employee
shall be placed in a position whose compensation is equal to or greater
than that held when the leave began.
(4)
An employee may claim sick leave benefits for the
period immediately preceding and succeeding birth upon presentation
to the Borough of a statement from the employee's physician stating
that the employee is incapable or was incapable of performing normal
duties during the time for which sick leave compensation is claimed,
provided that any employee making a claim under this section shall
have worked a normal schedule up to the time for which such claim
is made. Maternity leave, if requested, shall be granted for the period
of that leave.
(5)
An employee requesting maternity leave shall file
such request not less than 45 days prior to the date on which the
employee intends to begin such leave.
H.
Absence due to death in the family.
(1)
Three days of leave shall be granted to any employee
for attendance at the funeral of a member of the immediate family.
Acceptable proof of death may be required by the Borough.
(2)
In regard to absence due to death in the family, "immediate
family" shall be defined to mean father, mother, wife or husband,
legally registered domestic partner, brother or sister, son or daughter,
spouse's parents, grandparents, grandchild, person designated as legal
guardian or anyone regularly residing in the household of the employee.
I.
Special leaves.
(1)
An employee may be granted special leave without pay
upon application by the employee, who shall state the reason for the
special leave and its proposed duration. While on special leave, the
employee does not accrue seniority benefits or any other benefits.
The position shall be held open but may be temporarily filled any
time within the period of special leave.
(2)
Special leave of up to six months may be granted by
the governing body by resolution. Such leave may be extended for up
to an additional six months by resolution of the governing body, upon
application by the employee stating the reason for the extension and
the requested duration.
(3)
Special leaves are not granted for the purpose of
seeking or accepting employment with another employer or for extended
vacation time. Employees on special leave of absence for more than
two weeks in any month will not receive holiday pay and will not accrue
personal leave, sick leave or vacation time for that month. A special
leave is granted with the understanding that the employee intends
to return to work for the Borough of Leonia. If the employee fails
to return within five business days after the expiration of the leave,
the employee shall be considered to have resigned.
J.
Jury leave.
(1)
An employee shall be granted leave of absence with
pay if called to serve on a duly appointed jury of any federal court
within the jurisdiction of the State of New Jersey or any federal
or state court within the jurisdiction of the State of New Jersey
or the employee's home state. Jury service shall include service on
any pedis or grand juries.
(2)
The employee shall receive full normal compensation
during the period of such jury duty, less an amount equal to any compensation
paid by the court for such duty. A statement of the days during which
the jury was sitting and of the amount of juror pay made or due, issued
by an official of the court, shall be required by the Borough.
K.
Military leave.
[Amended 5-5-2008 by Ord. No. 17-08]
(1)
When a full-time employee (either permanent or temporary)
who is a member of the reserve component of any United States Armed
Forces or the National Guard of any state, including the Naval Militia
and Air National Guard, is required to engage in field training or
is called for active duty, the employee will be granted a military
leave of absence for the duration of the service, subject to the salary
provisions below. The first 30 workdays of the leave shall be with
full pay except that a member of the New Jersey National Guard shall
receive full pay for the first 90 days. Thereafter, the employee shall
be paid the difference between military salary and the employee’s
regular salary for up to 180 days. The paid leave will not be counted
against any available time off, including but not limited to vacation,
sick or personal time. A full-time employee who has served less than
one year shall not be entitled to paid leave but shall be granted
nonpaid military leave without loss of time.
(2)
Employees on military service will also continue to
receive paid health insurance coverage during the period of the paid
leave plus an additional 30 days after the paid leave is exhausted.
After this period has expired, employees may continue coverage for
themselves or their dependents under the municipal group plan by taking
advantage of the COBRA provision. Members of the state-administered
retirement systems (PERS and PFRS) will continue accruing service
and salary credit in the system during the period of paid leave.
(3)
Pursuant to the Uniformed Services Employment and
Reemployment Rights Act,[1] any employee released from active duty under honorable
circumstances shall return to work without loss of privileges or seniority
within the following time limits: for service less than 31 calendar
days, the employee must return to work on the beginning of the first
regularly scheduled workday or eight hours after the end of military
duty, with reasonable allowances for commuting; for service of 31
to 180 calendar days, the employee must submit an application for
reinstatement within 14 calendar days after completing military duty;
for service greater than 180 calendar days, the employee must submit
an application for reinstatement within 90 calendar days after completing
military duty.
[1]
Editor's Note: See 38 U.S.C. § 4301 et
seq.
L.
Court leave. An employee called to court by a competent
government agency in connection with a matter directly related to
the performance of the employee's duties for the Borough shall receive
normal compensation for the period of such appearance. Court appearances
which are not the result of Borough employment are not subject to
be compensated either through regular salary, vacation days, sick
days, compensatory time or personal leave.
M.
Personal leave.
(1)
Full-time administrative and executive personnel and
full-time office and clerical employees shall receive three days of
leave each calendar year for the conduct of their personal business
or affairs.
[Amended 5-5-2008 by Ord. No. 17-08]
(2)
Any such leave not taken during a calendar year shall
be forfeited by the employee, and no employee shall be paid any additional
compensation in lieu of personal leave not taken.
(3)
Use of personal leave shall be approved in advance
by the department head. An employee wishing to take personal leave
shall request approval from the department head not less than two
working days in advance.
(4)
The department head shall order compensation withheld
from any employee who makes a claim for use of personal leave without
obtaining prior approval, except when the department head finds that
the lack of notice was due to an emergency or unforeseen event.
(5)
An employee who makes a claim for use of personal
leave without having obtained approval in advance may be subject to
disciplinary action.
(6)
During the first calendar year of employment, personal
leave shall be granted at the rate of one day for each four full months
of employment.
N.
Holidays.
(1)
The following days shall be considered paid holidays
on which full-time employees, other than police, library and public
works contractual employees, shall not be required to work:
[Amended 5-5-2008 by Ord. No. 17-08]
|
New Year's Day
|
Labor Day
| |
|
Martin Luther King's Birthday
|
Columbus Day
| |
|
Lincoln's Birthday
|
Election Day
| |
|
Presidents' Day
|
Veterans Day
| |
|
Good Friday
|
Thanksgiving Day
| |
|
Memorial Day
|
Friday following Thanksgiving Day
| |
|
Independence Day
|
Christmas Day
|
(2)
Additional holidays may be granted by resolution of
the governing body. Such additional holidays may be granted for all
or for only a class or group of employees, provided that not more
than two additional holidays may be granted that do not include all
Borough employees.
(3)
In order to be eligible for payment for a holiday,
a full-time employee shall be present on the last working day before
and the next working day following that holiday, unless specifically
authorized in advance to take leave. Part-time employees shall not
be entitled to paid holiday leave.
[Amended 5-5-2008 by Ord. No. 17-08]
(4)
If a holiday is celebrated on a Saturday, the Friday
preceding shall be granted as a holiday in lieu of the Saturday holiday
for those not scheduled to work on that Saturday. If a holiday is
celebrated on Sunday, the Monday next following shall be granted as
a holiday.
O.
Retirement leave policy. Retirement leave is defined
as a paid leave of absence to be granted and taken by an employee
immediately prior to retirement, after consideration and approval
by the governing body, based on the following:
(1)
For police personnel with at least 20 years of continuous
service, a leave of absence upon retirement will only be considered
by the governing body for circumstances requiring retirement for reasons
of disability or other serious medical debility, to be granted for
a period approved by the governing body in accordance with specific
aspects of the individual case, total leave not to exceed six months.
(2)
All other personnel, with the exception of Public
Works contractual employees, who have 20 years of service and over
shall be eligible for retirement leaves. If the employee has accumulated
sufficient sick leave prior to the initiation of the policy to pay
1/2 of the unused sick days, such leave shall be converted by resolution
of the governing body to retirement leave, not to exceed one day for
each year of service, to be received as paid leave of absence immediately
prior to scheduled retirement. Vacation not taken shall be prorated
to date of retirement and shall be provided, preferably as normal
paid leave, but may be received by the employee in the form of a lump
sum settlement. This vacation leave is calculated the same as it is
for all other employees who retire.
P.
Proration of leave benefits. A prorated benefit shall
be calculated to create the same percentage of benefits that is equal
to the same percentage of days worked as well as hours worked per
day between the part-time employees and full-time employees.
[Amended 4-20-2009 by Ord. No. 06-09]
A.
With the exception of PBA employees and DPW employees
covered by collective bargaining agreements, employees hired after
January 1, 1996, shall not be eligible for longevity payments.
A.
Except as provided by this chapter for paid leaves
of various types, fringe benefits for employees, including but not
limited to health insurance, life insurance, pension programs and
other paid benefits, shall be instituted, altered or abolished by
appropriate action of the governing body, as provided by law, provided
that the governing body shall not abolish or reduce any paid benefit
without having given timely and sufficient notice to affected employees.
For the purpose of benefits, the Borough of Leonia recognizes domestic
partnerships registered according to New Jersey State law.
B.
Pursuant to Ordinance No. 15-08,[1] no part-time or temporary employees are entitled to health
benefits nor are they entitled to holiday pay should such a holiday
fall on a normally scheduled workday, nor are they entitled to paid
vacation days.
[Added 5-5-2008 by Ord. No. 17-08]
[1]
Editor's Note: Said ordinance is on file in
the Borough offices.
A.
It shall be the responsibility of all department heads
and supervisors to instruct and train all Borough employees in the
proper discharge of their duties and to continually strive to administer
their departments in such a manner that the most efficient use may
be made of personnel, equipment and materials.
B.
In order to provide for the effective training of
employees, department heads are encouraged to become aware of relevant
training programs and courses and notify employees of the availability
of training opportunities.
(1)
The Borough will reimburse an employee for the costs
to attend a training course related to employee's duties and responsibilities,
which will result in the more efficient accomplishment of those duties
and responsibilities. The employee must obtain prior approval for
course attendance from his/her supervisor for their attendance and
reimbursement being made.
C.
Continuing education seminars.
(1)
The Borough of Leonia, in conjunction with the Borough
Administrator, will arrange for employment practices seminars at least
annually to train all managerial/supervisory personnel. The Borough
of Leonia will also offer nonmandatory training to all other employees
with special emphasis on employee rights and protections under various
federal and state laws as well as Borough of Leonia employment practices.
Records will be maintained in the personnel files of all employees
trained under this procedure.
(2)
Managerial and supervisory personnel will also update
employees periodically by department meetings and memos that should
address specific problems and concerns that may rise. Every effort
will be made to encourage employee suggestions about ways to avoid
employer-employee disputes and violations of employee rights.
A.
The Borough of Leonia will provide a safe and healthy
work environment and shall comply with the Public Employees Occupational
Safety and Health Act (PEOSHA). The Borough of Leonia is equally concerned
about the safety of the public. 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. Any
occupational or public unsafe condition, practice, procedure or act
must be immediately reported to the supervisor or department head.
Any on-the-job accident or accident involving the Borough of Leonia
facilities, equipment or motor vehicles must also be immediately reported.
B.
The Borough of Leona has appointed a Safety Committee
that meets on a regular basis to discuss and recommend solutions to
safety problems. Employees are encouraged to discuss safety concerns
with their Safety Committee representative.
[Amended 11-2-2015 by Ord. No. 2015-7]
A.
Salaries
for Borough employees are established by ordinances and resolutions
of the Mayor and Council. The Borough shall pay employees biweekly,
i.e., once in every two weeks, or a total of 26 times annually. The
hourly rate, unless otherwise provided or agreed, shall be computed
by dividing the weekly rate by the number of hours in the employee's
prescribed work week.
B.
Employee net payment shall be made by direct deposit, in accordance
with P.L. 2013, c.28.[1] Employee participation is mandatory, unless the governing
body grants an exemption. Exemptions may be granted for seasonal and
temporary employees. This section may also apply to members of any
board, commission, bureau, department or public agency of the Borough.
[1]
Editor's Note: See N.J.S.A. 52:14-15a et seq.
Employee lunch hours shall be scheduled between
11:30 a.m. and 2.00 p.m. unless otherwise authorized by the Borough
Administrator and shall be no longer than one hour. The Borough Administrator,
in cooperation with department heads, shall be responsible for overseeing
the staggering of employee lunch times so that offices are covered
by staff at all times.
Dress, grooming and personal hygiene must be
appropriate for the position. Uniforms are required for certain jobs
and are to be worn in accordance with applicable departmental standards.
All other employees are required to dress in a manner that is normally
acceptable in similar business establishments and consistent with
applicable safety standards. Office employees shall not wear suggestive
attire, shorts, t-shirts, novelty buttons, baseball hats and similar
items of casual attire that do not present a businesslike appearance.
Hair, sideburns, moustaches and beards must be clean, combed and neatly
trimmed. With the advance approval of the Borough Administrator, the
Borough of Leonia will make reasonable religious accommodations that
do not violate safety standards. Employees violating this policy shall
be required to take corrective action or will be sent home without
pay.
A.
Employees are responsible for taking care of equipment
assigned to them. Employees shall not remove, or in any way assist
in the removal of, supplies, materials, goods, or equipment belonging
to the Borough unless such removal has been authorized by the department
head. Employees are not to use equipment, supplies, postage, or other
materials of the Borough for personal use. Employees who lose or misuse
Borough equipment may be required to pay the replacement cost of said
equipment.
B.
The Borough of Leonia e-mail, voice mail, and the
internet are for official business, and use for nonbusiness purposes
is prohibited. All e-mail, voice mail and Internet messages are official
documents subject to the provisions of the Access to Public Records
Act.[1] The Borough of Leonia reserves the right to monitor, obtain,
review and disclose all e-mail, voice mail and Internet messages for
lawful and legitimate reasons. By using Borough of Leonia e-mail,
Internet and voice mail, each user agrees that the Borough of Leonia
has unrestricted access and the right to disclose all information
communicated or stored on the e-mail, voice mail and Internet for
any security, health, employment or other legitimate business reasons.
Legitimate reasons also include systems maintenance, messaging routing,
retrieval of business information, troubleshooting hardware and software
problems, preventing system misuses, protecting confidential proprietary,
insuring compliance with software license policies and complying with
legal and regulatory requests for information.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.,
the New Jersey Open Public Records Act.
C.
Bulletin board policy. The bulletin boards located
in the Borough of Leonia Borough Hall and other facilities are intended
for official notes regarding policies, procedures, meetings and special
events. Only personnel authorized by the Borough Clerk may post, remove,
or alter any notice.
G.
All Borough
employees and volunteers who are required or permitted to drive Borough-owned
vehicles must have a valid driver's license and are required to notify
the Borough Administrator within 24 hours if their license is suspended
or revoked.
[Added 4-20-2009 by Ord. No. 06-09]
A.
Employees and Borough Officials shall be reimbursed
for use of personal vehicles for travel to approved seminars and to
perform municipal errands outside the Borough at the current standard
mileage rate set by the Internal Revenue Service. This section shall
also include the Construction Official, Borough Administrator, Recreation
Director, Recreation Program Director, Public Health Nurse, Borough
Clerk when using their personal vehicles within or beyond the boundaries
of Leonia for official business.
[Amended 4-20-2009 by Ord. No. 06-09]
B.
Employees will be reimbursed the cost of the collision
deductible specified by their collision insurance coverage of the
personal vehicles of individuals serving as Recreation Superintendent,
Recreation Program Supervisor, Deputy Fire Chief, Construction Official,
Fire Subcode Official, Borough Administrator, Plumbing Subcode Official,
Fire Marshal, Fire Prevention Inspector, Borough Clerk, CFO, Tax Collector,
Ambulance Corps Executives, and all other employees and volunteers
who use their own vehicles on regular Borough business with the approval
of the Borough Administrator.
C.
Reimbursement of the collision deductible shall be
subject to a review and report by the Borough Safety and Loss Control
Committee of the circumstances of the incident causing physical damage
to any personal vehicle. A determination shall be made whether the
individual was or was not the party responsible. The report with the
Administrator's recommendation shall be forwarded to the governing
body of approval or disapproval based on such findings.
[Amended 10-5-2005 by Ord. No. 15-05]
A.
Employees have the right under the Conscientious Employee
Protection Act (CEPA) to complain about any activity, policy or practice
that the employees reasonably believe is in violation of a law, rule
or regulation promulgated pursuant to law. This right shall be communicated
to all employees in an annual letter outlining the specific employee
complaint procedure and in a posted notice. A written acknowledgement
that the employee received this letter will be included in the employee's
official personnel file. The annual notice shall be in English and
Spanish and must contain the name of the person who is designated
to receive written notification of policies or practices that might
violate CEPA. This right will also be communicated in the Employee
Handbook. All complaints will be taken seriously and promptly investigated.
B.
The Borough shall not take any retaliatory action
or tolerate any reprisal against an employee for any of the following:
(1)
Disclosing or threatening to disclose to a supervisor,
department head, the Borough Administrator other official or to a
public body, as defined in the Conscientious Employee Protection Act
(N.J.S.A. 34:19-1 et seq.) an activity, policy or practice that the
employee reasonably believes is in violation of a law, a rule or regulation
promulgated pursuant to law;
(2)
Providing information to or testifying before any
public body conducting an investigation, hearing, an inquiry into
any violation of law or a rule or regulation promulgated pursuant
to law; or
(3)
Objecting to or refusing to participate in any activity,
policy or practice that the employee reasonably believes is a violation
of a law, rule or regulation promulgated pursuant to law; is fraudulent
or criminal; or is incompatible with a clear public policy mandate
concerning the public health, safety or welfare.
C.
In accordance with the statute, the employee must
bring the violation to the attention of the Borough. However, disclosure
is not required where the employee is reasonably certain that the
violation is known to one or more officials; where the employee reasonably
fears physical harm; or the situation is emergency in nature. Employees
are encouraged to complain in writing using the employee complaint
form, but may make a verbal complaint at their discretion. See employee
complaint policy.[1] Under the law, the employee must give the Borough a reasonable
opportunity to correct the activity, policy or practice. The administration
of whistle-blower complaints is not subject to the limitations in
the grievance policy.[2]
[Amended 5-5-2008 by Ord. No. 17-08]
A.
Employees who wish to complain of harassment or any
other workplace wrongdoing are requested to immediately report the
matter to their supervisor, or, if they prefer, to their department
head or the Borough Administrator. Employees should report incidents,
in writing, using the employee complaint form, but may make a verbal
complaint at their discretion. No retaliatory measures shall be taken
against any employee who complains of workplace wrongdoing. The Borough
of Leonia will, to the maximum extent feasible, maintain the confidentiality
of such complaints on a need-to-know basis. However, investigation
of such complaints may require disclosure to the accused party and
other witnesses in order to gather pertinent facts.
B.
If the investigation substantiates the complaint,
appropriate corrective and/or disciplinary action will be swiftly
pursued. Disciplinary action up to and including discharge will also
be taken against individuals who make false or frivolous accusations,
such as those made maliciously or recklessly. Actions taken internally
to investigate and resolve harassment complaints will be conducted
confidentially to the extent practicable and appropriate in order
to protect the privacy of persons involved. Any investigation may
include interviews with the parties involved in the incident and,
if necessary, with individuals who may have observed the incident
or conduct or who have other relevant knowledge. The complaining employee
will be notified of a decision at the conclusion of the investigation
within a reasonable time from the date of the report or incident.
A grievance is any formal dispute concerning
the interpretation, application and enforcement of any personnel policy
or procedure of the Borough of Leonia. Grievances from union employees
will be handled pursuant to the terms of the applicable bargaining
unit agreement.
A.
Any employee may appeal from or present a grievance
concerning action by any official of the Borough affecting that employee's
compensation or terms or conditions of employment. In order for such
appeal or grievance to be considered official, the procedures as set
forth in this chapter shall be followed.
B.
In presenting an appeal or grievance, an employee
shall be guided by the schedule contained herein. In attempting to
resolve any appeal or grievance, Borough officials shall determine
that the proper steps in the grievance procedure have been followed.
C.
An employee shall first present an appeal or grievance,
in writing, to the immediate supervisor. If possible, a resolution
of the problem shall be reached. An employee dissatisfied with the
resolution offered by the immediate supervisor may request and shall
receive within three working days a written statement of the supervisor's
decision and may pursue the appeal or grievance further in accordance
with these procedures.
D.
Steps in the filing of an appeal or grievance.
(1)
Table.
|
Level of Appeal by Employee
|
Employees' Time Limit
(days)
|
Official's Time Limit
(days)
| |
|---|---|---|---|
|
Immediate supervisor
|
3
|
3
| |
|
Department head
|
1
|
5
| |
|
Borough Administrator or designated representative
|
1
|
5
| |
|
Mayor and Council
|
3
|
20
|
(2)
As used in the table, "level of appeal by employee"
means the Borough official or body having authority under this chapter
to hear and settle appeals, to which the employee may carry an appeal
and to which the figures in the other two columns apply.
(3)
As used in the table, "employee's time limit" means
the number of working days exclusive of the date the employee becomes
aware of the action being appealed during which the employee may appeal
that decision to the next higher level of appeal.
(4)
As used in the table, "official's time limit" shall
mean the number of working days exclusive of the date of the receipt
of an official appeal in which the responsible official shall meet
with the employee and all other persons concerned to discuss the appeal
and render a decision.
(5)
In the case of an appeal or grievance taken to the
Council for resolution, the decision made by the governing body shall
be final and binding.
(6)
If, in the judgment of the official or officials to whom an appeal has been taken, it is in the best interests of all concerned to hold a series of meetings or hearings in order to determine all the facts in the matter and if such series of meetings would extend beyond the time limits established in Subsection D(1) of this section, those limits may be extended. Any further extension shall be made only by the consent of the parties.
(7)
Failure of any employee to file an appeal or grievance
within the time permitted by this section may be deemed to be a waiver
of that employee's right to file concerning that appeal or grievance;
provided, however, that each level of appeal may waive dismissal of
the filing as being not timely, at its own sole discretion, and if
the interests of sound labor-management relations so indicate.
(8)
Failure of any Borough official or body to respond
to the grievance of an employee during the time limits specified,
if no extensions have been requested or granted, shall be deemed a
denial, and, if desired, the employee may proceed to the next level
of appeal.
A.
Workers' compensation shall be provided as required
by state law for all employees.
B.
Any time an accident or injury occurs while on the
job, an employee shall report the incident to his/her supervisor immediately,
no matter how small the injury. In addition, an accident report is
to be completed and given to the department head and/or Borough Administrator
immediately after injury.
A.
Employees, including Borough of Leonia officials,
must conduct business according to the highest ethical standards of
public service. Employees are expected to devote their best efforts
to the interest of the Borough of Leonia. Violations of this policy
will result in appropriate discipline including termination.
B.
The Borough of Leonia recognizes the right of employees
to engage in outside activities that are private in nature and unrelated
to the Borough of Leonia business. However, business dealings that
appear to create a conflict between the employee and the Borough of
Leonia's interests are unlawful under the New Jersey Local Government
Ethics Act.[1] Under the Act, certain employees and officials are required
to annually file with the Borough of Leonia Clerk a state-mandated
disclosure form. The Borough of Leonia Clerk will notify employees
and the Borough of Leonia officials subject to the filing requirements
of the Act.
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et
seq.
C.
A potential or actual conflict of interest occurs
whenever an employee, including a Borough of Leonia official, is in
a position to influence a Borough of Leonia decision that may result
in a personal gain for the employee or an immediate relative including
a spouse or significant other, child, parent, stepchild, sibling,
grandparent, daughter-in-law, son-in-law, grandchild, niece, nephew,
uncle, aunt or any person related by blood or marriage residing in
an employee's household. Employees are required to disclose possible
conflicts so that the Borough of Leonia may assess and prevent potential
conflicts. If there are any questions whether an action or proposed
course of conduct would create a conflict of interest, immediately
contact the Borough Administrator or the Borough Attorney to obtain
clarification.
D.
Employees are allowed to hold outside employment as
long as it does not interfere with their Borough responsibilities.
Employees are prohibited from engaging in outside employment activities
while on the job or using Borough of Leonia time, supplies or equipment
in the outside employment activities. The Borough Administrator may
request employees to restrict outside employment if the quality of
Borough of Leonia work diminishes. Any employee who holds an interest
in or is employed by any business doing business with the Borough
of Leonia must submit a written notice of these outside interests
to the Borough Administrator.
E.
Employees may not accept donations, gratuities, contributions
or gifts that could be interpreted to affect their Borough duties.
Employees under no circumstances shall accept donations, gratuities,
contributions or gifts from a vendor doing business with or seeking
to do business with the Borough or any person or firm seeking to influence
Borough decisions. Meals and other entertainment valued in excess
of $40 are also prohibited. Employees are required to report to the
Administrator any offer of a donation, gratuity, contribution or gift
including meals and entertainment that is in violation of this policy.
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. Employees
are prohibited from engaging in political activities while performing
their public duties and from using the Borough of Leonia time, supplies
or equipment in any political activity. Any violation of this policy
must be reported to the supervisor, department head, Borough Administrator
or Labor Attorney. Campaigning in collective bargaining units is exempted.
A.
Any individual terminating employment with the Borough
voluntarily and in good standing shall be required to give a minimum
of two weeks' notice prior to separation. Failure to give such notice
will result in loss of benefits due. An employee who intends to resign
must notify the department head in writing at least two weeks in advance.
After giving notice of resignation, employees are expected to assist
their supervisor and coemployees by providing information concerning
their current projects and help in training of a replacement. During
the last two weeks, the employee may not use paid time off except
paid holidays. The department head will prepare an employee action
form showing any pay or other money owed the employee. The Borough
Administrator will conduct a confidential exit interview to discuss
benefits including COBRA options, appropriate retirement issues and
pay due. A COBRA notification letter will be sent to the employee's
home address. The exit interview will also include an open discussion
with the employee. On the last day of work, and prior to receiving
the final paycheck, the employee must return any employee identification
cards, all keys and equipment. At this time, the employee will sign
the termination memo designating all money owed, and this memo will
be retained in the personnel file.
B.
Activities subject to disciplinary action, corrective
action and/or separation shall include but not be limited to the following:
(1)
Insubordination.
(2)
Fighting or creating a disturbance.
(3)
Sleeping on duty.
(4)
Drinking intoxicants or being under the influence
of illegal drugs while on duty, or reporting to work under the influence.
(5)
Absence without leave (any absence from work which
has not been approved) or use of leave for purpose other than for
which it was requested and granted.
(6)
False statements, misrepresentation or fraud in an
application blank or other form submitted to the Borough.
(7)
Excessive absenteeism or tardiness.
(8)
Disorderly or immoral conduct such as conviction of
a felony crime.
(9)
Theft, bribery or unauthorized use or possession of
government property.
(10)
Gambling on duty.
(11)
Careless or negligent failure to observe any written
regulation or order prescribed by competent authority.
(12)
Negligence of or willful damage to public property
or waste of public supplies.
(13)
The use or attempt to use 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.
(14)
Refusal to testify in a properly authorized inquiry
or investigation, except where such refusal is based upon the grounds
of self-incrimination.
(15)
Discrimination or harassment because of race, color,
creed, national origin, ancestry, age, marital status or sex.
(16)
Knowingly making false or malicious statements with
the intent to harm or destroy the reputation, authority or official
standing of a person, group of persons or organizations.
(17)
Knowingly making any false spoken or written declaration
that affects the compensation of any employee.
(19)
Conviction of a crime either under federal law or
any law of the State of New Jersey.
C.
All disciplinary action under the provisions of this
chapter or under the provisions of any collective negotiated agreement
concerning the terms and conditions of employment which affects the
compensation of any employee or has a direct bearing on the evaluation
of any employee's fitness for employment shall be taken in writing,
except as provided herein.
(1)
If the nature of any infraction of any lawful rule,
order or other procedure or directive is such that immediate and direct
disciplinary action is required, any such action thus taken shall
be confirmed, in writing, within two working days of the taking of
such action.
(2)
Written notification of disciplinary action shall
be sent by certified mail to the last known address of the employee
against whom such action is being taken or shall be personally delivered
to such employee. A copy of any written notification shall be placed
in the personnel file of the employee. If the employee is represented
by any labor organization or bargaining group recognized by the Borough,
the president or other authorized agent designated by the organization
or group shall also be sent a copy.
(3)
The written notification of disciplinary action should
include a clear statement of the exact reasons for the action, a clear
statement of the action being taken, including dates of suspension
or termination if such action is being taken, notification of the
part of this chapter or other lawful regulation that has been violated
and a statement of the appeal procedure available to the employee
against whom action is being taken.
D.
Dismissal, termination, and permanent demotion shall
be imposed only upon the recommendation of the department head. Suspensions
can be imposed by the department head with the approval of the Borough
Administrator. The ultimate determination for dismissal rests with
the governing body.
E.
In addition to any other causes stated in this chapter,
an employee may be dismissed or separated due to inefficiency to perform
assigned duties or other reasons related to work performance.
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 Whistleblower's
Law, i.e., New Jersey Conscientious Employee Protection Act, N.J.S.A.
34:19-1 et seq.
B.
Application. 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:
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. An employee disciplined informally as above may
appeal as hereinafter provided for to have the lost days of pay restored
and the informal disciplinary 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 same by
the governing body, administrator, or supervisor of the violation.
Said charges shall be signed by the departmental supervisor, administrator,
or governing body preferring the charge against an employee. An employee
may be suspended until disposition of the charge at the discretion
of the charging party.
[Amended 2-22-2012 by Ord. No. 03-12]
(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 the date, time and place of said hearing
within 10 days after the filing of formal charges against said employee.
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 the employee or his counsel shall inform the administrator
in writing at least one week prior to the date set for the hearing.
E.
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. All discharges will be in accordance
with federal and state laws as well as applicable collective bargaining
agreements.
A.
If it is determined that the number of employees in
any Borough department is to be reduced, selection of employees to
be terminated shall be made according to the provisions of this section.
B.
Employees shall be terminated based on the factors
of seniority and performance, provided that performance shall be taken
into account only if there is a formal performance evaluation system
in effect and that only those performance evaluations existing at
the time of the decision to reduce the force may be used.
C.
Selection of employees for termination under this
section shall be by performance evaluation, with those evaluated lower
being terminated first. In the case of two employees having similar
evaluations, the number of months and days of employment beyond the
indicated number of years of employment shall be taken into account
in determining seniority.
D.
Employees performing essentially similar duties shall
be classified in the same labor group for the purpose of determining
how the reduction in force will be accomplished. The governing body
shall determine, by resolution, from which labor groups the reduction
will be made.
E.
A reduction in force shall begin normally with the
lowest level labor groups, consistent with the continued effective
operation of Borough affairs. If more than one labor group is selected
or the lowest level group is not selected, each employee selected
for termination shall be given the opportunity to elect employment
in a lower-paying labor group, displacing an employee of that group,
provided that the employee selecting demotion is capable of performing
the duties of the lower-paying labor group, and provided, further,
that in no case shall an employee thus electing demotion displace
an employee with higher performance evaluations. An employee displaced
through the provisions of this subsection shall be given a similar
opportunity to displace another employee who is, in turn, in a lower-paying
labor group.
F.
A reduction in force shall be undertaken only at the
direction of the governing body, by resolution, which resolution shall
set forth in full the reason for the reduction and the labor groups
from which the reduction shall be taken.
G.
Employees terminated due to a reduction in force shall
be notified of such action in writing. In no case shall termination
take place less than 45 days after receipt of the required notice
by the employee.
H.
Employees separated under the terms of this section
shall be given first preference for rehiring during a period of 90
days from their separation. Employees demoted under the terms of this
section shall be given first preference for reinstatement to their
previous positions should vacancies occur.
A.
Under state law, all employees must enroll in the
New Jersey Public Retirement System or the Police and Fire fighters
Retirement System as applicable. The employee's contribution to the
plan will be deducted from the employee's pay. An employee who has
completed the required number of years and who has reached the required
age under the plan may retire by notifying the department head in
writing. The state retirement plans request six months' advance notice
to process the application. After giving notice of retirement, employees
are expected to assist their supervisor and coemployees by providing
information concerning their current projects and help in training
of a replacement. The department head will prepare an employee action
form showing any pay or other money owed the employee. The Borough
Administrator will conduct a confidential exit interview to discuss
benefits including COBRA options, appropriate retirement issues and
pay due. A COBRA notification letter will be sent to the employee's
home address. The exit interview will also include an open discussion
with the employee. On the last day of work, and prior to receiving
the final paycheck, the employee must return all keys and equipment.
At this time, the employee will sign the termination memo designating
all money owed, and this memo will be retained in the personnel file.
B.
No employee shall be paid for any accrued sick leave,
vacation, holidays, compensatory time, or other leave of absence after
their effective date of retirement.
C.
Retiree medical coverage.
(1)
Any full-time Borough employee who accumulates 25
years or more service to the Borough of Leonia will qualify for continued
medical benefits, excluding dental coverage and disability. The coverage
will be for the retired employee only, with the option to purchase
spousal coverage if offered by the health provider at the retiree's/spouse's
expense.
(3)
No retiree who retires from the Borough of Leonia
after July 1, 2004, is eligible for reimbursement for Medicare Part
B.
[Added 5-5-2008 by Ord. No. 17-08]
(4)
Retirees who obtain employment after retiring from
the Borough and who subsequently are employed elsewhere and are offered
major medical insurance by their new employer are obligated to avail
themselves of coverage and notify the Borough of said coverage. If
the employment is terminated, coverage will be reinstituted by the
Borough within 60 days.
(5)
The above retiree medical coverage policy is in effect
for all employees, unless covered by a collective bargaining agreement
that specifies other policies.
[Added 10-5-2005 by Ord. No. 15-05]
A.
Any employee whose work requires the operation of
Borough of Leonia vehicles must hold a valid New Jersey state driver's
license.
B.
All new employees who will be assigned work entailing
the operating of a Borough vehicle will be required to submit a Department
of Motor Vehicles driving record as a condition of employment. A report
indicating a suspended or revoked license status may be cause to deny
or terminate employment.
C.
Department heads shall make periodic check of employees'
drivers' licenses through visual and formal Department of Motor Vehicles
review. Any employee who does not hold a valid driver's license will
not be allowed to operate a Borough vehicle until such time as a valid
license is obtained.
D.
Any employee performing work which requires the operation
of a Borough vehicle must notify the immediate supervisor in those
cases where a license is expired, suspended or revoked and/or who
is unable to obtain an occupational permit from the State Department
of Licensing. An employee that fails to report such an instance is
subject to disciplinary action, including demotion or termination.
Any employee who fails to immediately report such revocation or suspension
to their supervisor and continues to operate a Borough vehicle shall
be subject to possible termination.
E.
Any information obtained by the Borough in accordance
with this section shall be used by the Borough only for carrying out
its lawful functions and for other lawful purposes in accordance with
the Driver's Privacy Protection Act (18 U.S.C. § 2721 et seq.)
[Added 10-5-2005 by Ord. No. 15-05]
A.
The Borough reserves the right to change providers,
networks, claims agents and insurance mechanisms (fully insured versus
health insurance fund, e.g.). The current complete benefit plan is
on file in the Administration office and a summary plan description
will be provided to all employees. Benefit levels for nonunionized
employees are subject to change at the discretion of the Borough.
B.
Health insurance coverage for employees on a leave
of absence or who cease Borough employment will terminate within 30
days of termination and/or per current insurance carrier. Coverage
will continue for up to twelve weeks for employees on leave pursuant
to the Family and Medical Leave Act and up to thirty weeks for employees
on military leave. Upon termination of coverage, employees may extend
health insurance for themselves or their dependents by taking advantage
of the Public Health Services Act provision for a period of up to
eighteen months. For more information, consult the Administration
office.
C.
Employees' or retirees' health benefits must notify
the Administrator in writing, with proof of enrollment, when they
become eligible for Medicare Parts A and B. For more information,
consult the Administration office.
A.
Each department head shall be responsible for the
administration of the terms of this chapter within their department,
and in the absence of a department head or acting department head,
the Borough Administrator is responsible for the administration subject
to Mayor and Council approval.
B.
The Borough Administrator shall be responsible for
the general overall administration of the terms of this chapter and
for interpretation of its provisions, provided that an appeal from
the Borough Administrator's interpretation may be taken to the Mayor
and Council.
[Added 6-21-2010 by Ord. No. 08-10; amended 3-19-2012 by Ord. No.
06-12]
The Borough of Leonia respects the individual privacy of its
employees. However, e-mails, voice mail, Internet, Borough-issued
cellular devices and computer network are for official business, and
use for nonbusiness purposes is prohibited. All e-mail, voice mail
and Internet messages are public records subject to possible disclosure
to the public pursuant to the provisions of the Open Public Records
Act.[1]
A.
Management's right to access information.
(1)
E-mail, voice mail and computer network systems have been installed
by the Borough of Leonia to facilitate business communications. The
contents of the systems are accessible at all times by the Borough
of Leonia. These systems should be treated like other shared filing
systems.
(2)
E-mail and voice mail messages, to the extent these systems are utilized,
are the Borough of Leonia records. The Borough of Leonia reserves
the right to monitor, obtain, review and disclose all e-mail messages,
computer files, voice mail and Internet messages on the computer and
communications systems of the Borough of Leonia deemed necessary and
appropriate and without prior notice. By using the Borough of Leonia
e-mail, computer systems, voice mail and the Internet, each user agrees
that the Borough of Leonia has unrestricted access and the right to
disclose all information communicated or stored on the e-mail computer
systems, voice mail and Internet.
B.
Care in use of e-mail, voice mail, Internet and computer network
systems.
(1)
Employees must exercise a greater degree of caution in transmitting
the Borough of Leonia's confidential information on the e-mail,
voice mail, Internet and computer network systems than they take with
other means of communicating information, because of the ease with
which such information can be redistributed and the public access
to such information through the Open Public Records Act. Please make
sure that all addresses are appropriate recipients of the information
to be distributed, via e-mail, voice mail, Internet, text message
or other electronic forms of communication, especially when distributing
information to a list of recipients.
(2)
Except in emergency situations or as part of their officially assigned
or regular or permitted duties, employees are prohibited from taking
any photographs, pictures, digital images or audio recordings of any
crime scenes, traffic crashes, arrestees, detainees, people or job-related
incident or occurrence with any personal analog or digital device,
camera, imaging device, audio recorder or cellular telephone. This
section also applies in off scenarios regarding any law-enforcement-related
activities. Any photographs, images or recordings taken with any personal
device pursuant to or in violation of this section are considered
evidence and are subject to applicable laws, code guideline or directive
concerning storage release and disposal. Employees who have recorded
any photographs, images or recordings with any personal device shall
notify their supervisors as soon as practical. For the purposes of
this section, an "emergency situation" involves a sudden and unforeseen
combination of circumstances or the resulting state that calls for
immediate action, assistance or relief and may include accidents,
crimes and flights from accidents or crimes.
(3)
Employees are prohibited from releasing or disclosing any photographs,
pictures, digital images of any crime scene, traffic crashes, arrestees,
detainees, people or job-related incident or occurrence taken with
a personal or agency analog or digital device, camera, or cellular
phone to any person, entity, business or media or Internet outlet
whether on or off duty without the express written permission of the
Borough Administrator.
C.
Personal use of e-mail, voice mail, Internet and computer network
systems.
(1)
Because the Borough of Leonia provides e-mail, voice mail, Internet,
cell phones, and computer network systems to assist employees in performing
their jobs, employees should use them for official business. The Borough
of Leonia reserves the right to access and disclose as necessary all
messages sent over its systems, without regard to content.
(2)
Since the contents of e-mail and voice mail may be accessed by the
Borough of Leonia without prior notice to employees, and since the
Borough of Leonia can monitor employees' use of its computer
network systems, employees should not use any of the systems to transmit
any messages they would not want to disclose to a third party. Employees
who maintain personal web pages and websites, including but not limited
to Facebook, YouTube, Myspace, Twitter, etc., shall not post information
on such sites that would constitute a violation of the personnel policies
of the Borough of Leonia if expressed or published using any other
medium or in any other manner. The posting of words, phrases, photographs,
images or any kind of information on a personal website be grounds
for the imposition of disciplinary action against the employee if
the words, phrases, photographs, images or information adversely reflects
on the employee's fitness for duty or constitutes a violation
of the personnel policies of the Borough of Leonia. Moreover, employees
should not use these systems for soliciting or proselytizing others
for commercial ventures, religious or personal causes, outside organizations
or other similar, non-job-related solicitations.
D.
Forbidden content of e-mail, voice mail, Internet and computer network
systems communications.
(1)
Employees may not use the e-mail, voice mail, Internet computer network
systems, or Borough-issued cell phone or any other Borough-issued
electronic device in any way that may be seen as insulting, defamatory,
obscene, harassing, disruptive, or offensive by other persons or as
harmful to morale. Examples of forbidden transmissions or downloads
include sexually explicit messages, unwelcome propositions, ethnic
or racial slurs, or any other message that can be construed to be
harassment or disparaging to others based on their actual or perceived
sex, sexual orientation, gender identity, transgender, race, color,
national origin, citizenship status, ancestry, age, marital status,
medical condition, mental or physical disability, veteran status,
religious or political beliefs, or any other characteristic protected
by federal, state, or local law, ordinance or regulation.
(2)
Violations of the Borough of Leonia's policy of the use of e-mail,
voice mail, Internet, computer network systems and Borough-issued
phone or any other Borough-issued electronic device will subject the
employee to discipline, up to and including immediate termination.
E.
Unauthorized access. Employees are prohibited from the unauthorized
use of the password(s) of other employees to gain access to another
employee's messages in the e-mail, voice mail, Internet or computer
network systems, including but not limited to all secured access software
that employees may have access to.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
[Added 12-18-2017 by Ord.
No. 2017-24]
A.
Purpose. The purpose of this program is to comply with federal and
state statutes which require drug and alcohol testing for commercial
driver's licensed employees.
B.
Legislative authority. This policy is intended to comply with all
applicable federal and state statutes which relate to regulations
relating to commercial driver's licensed employees, including
but not limited to the following:
(1)
49 CFR Part 40: Procedures for Transportation Workplace Drug and
Alcohol Testing Programs.
(2)
49 CFR Part 391: Subpart H, Controlled Substance Testing, Covering
Federal Highway Administration (FHWA) and Controlled Drivers.
(3)
49 CFR 382.401 of the Federal Motor Carrier Safety Regulations.
(4)
49 CFR Part 394: Notification and Reporting of Accidents.
C.
Policy.
(1)
In an effort to ensure that the Borough of Leonia complies with Department
of Transportation Regulations, a drug and alcohol testing program
will be in effect for all commercial driver's license holders,
or those employees driving Borough vehicles, hereinafter referred
to as "employees." This program will provide for pre-employment, random,
post-accident testing, reasonable suspicion, return-to-duty, and follow-up
testing. The Borough has retained an independent contractor (hereinafter
referred to as the "agent") to manage and administer the testing program.
(2)
Any employee possessing a commercial driver's license or any
employee driving a Borough vehicle reporting for work visibly impaired
is unable to properly perform required duties and will not be allowed
to work. If possible, the supervisor will first seek another supervisor's
opinion of the employee's status. The supervisor will subsequently
consult privately with the employee about the observation. If, in
the opinion of the supervisor, the employee is considered impaired,
the employee will be required to be tested for alcohol and illicit
substances, depending on the supervisory determination of the observed
impairment. (Under no circumstances will an impaired employee be allowed
to drive.)
(3)
Prescription drugs prescribed by the employee's physician may
be taken during working hours. The employee should notify the supervisor
of the use of any properly prescribed prescription drugs which may
adversely affect the employee's work performance. The abuse of
prescription drugs will not be tolerated.
D.
Testing procedures. The Department of Transportation rules require
drug and alcohol testing for employees possessing commercial driver's
licenses. Required drug and alcohol testing is done by two separate
and distinct methods. Drug testing is done by urinalyses and alcohol
testing is done by breath testing. Below you will find explanations
of how this testing will be performed.
(1)
Drug testing.
(a)
All drug testing required by The Borough of Leonia will be performed
in accordance with Department of Transportation guidelines. This testing
process will look for the presence of the following substances: amphetamines,
cocaine, opiates, marijuana, and phencyclidine. Under no circumstances
will any other tests be performed on any specimen provided under Department
of Transportation guidelines by a Borough employee.
(b)
Drug testing shall be by urinalysis using split samples. Split
sample testing requires the specimen be divided into two separate
bottles during the collection process. These two bottles are designated
as the primary specimen which shall contain no less than 30 milliliters
of urine and the "split" specimen which shall contain no less than
15 milliliters of urine. Upon arrival at the laboratory the primary
specimen will be opened and tested. In the first screening test, immunoassay
techniques are used to screen urine specimens for classes of drugs.
In the second or confirmation test, any positive results found in
the first screening will be confirmed using the tandem technique of
gas chromatography/mass spectrometry (GC/MS) which positively identifies
and quantifies the presence of specific drugs. No test result will
be reported by the laboratory to the Medical Review Officer (MRO)
as a positive drug test result unless both the initial screening test
and the confirmation test are positive.
(c)
The laboratory shall report the test results to the Medical
Review Officer (MRO) who shall evaluate the chain of custody, urine
custody form, and test results. If a test is reported positive by
the laboratory, the MRO will interview the employee to make an independent
evaluation of whether the test should be reported as negative or positive.
The MRO will report the results of a drug test to the Borough's
designee.
(d)
Should an interview with the employee be necessary, the MRO
will make two attempts on consecutive business days to call the employee.
Should the MRO fail to make contact, he/she shall contact the Borough's
designated representative to request that the employee contact the
MRO.
(e)
The Borough's designated representative shall inform the
employee of the MRO's request in a confidential manner. Failure
to respond within five days will be noted by the MRO when positive
test results are reported. If the MRO and the Borough's designated
representative are unable to contact the employee, the employee may
be placed on unpaid medical leave pending dismissal. It is the employee's
responsibility to provide a phone number at which he/she can be contacted
on the chain of custody form.
(2)
Alcohol testing.
(a)
The Department of Transportation rules require breath testing
for alcohol. This testing must be done using an evidential breath
testing device (EBT) approved by the National Highway Traffic Safety
Administration (NHTSA). This testing can only be performed by a breath
alcohol technician (BAT) that is certified in the equipment being
used.
(b)
Two breath tests are required to determine if a person has a
prohibited alcohol concentration. A screening test is conducted first.
Any result less than 0.02 alcohol concentration is considered a "negative"
test and no further testing is required. If the initial screening
shows an alcohol concentration of 0.02 or greater, a second or confirmation
test is required. The confirmation test must be performed 15 to 20
minutes after the initial screening. During that time period the employee
being tested is to remain with the BAT and must refrain from eating,
drinking, smoking, or belching. After the waiting period a second
breath test will be performed. The results of the second test stand
and become the official test result.
(c)
If the confirmation test result shows an alcohol concentration
of 0.02 or less, the official test result is negative and no action
is required. If the result of the confirmation test is 0.02 or greater,
action by the employer is required.
(d)
Employer response to breath testing results that show an alcohol
concentration of 0.02 or greater are as follows:
[1]
If the tested employee's alcohol concentration is between
0.02 and 0.039 the regulations call for the removal of the driver
from driving for at least 24 hours and pass a return-to-duty test
before returning to work.
[2]
If the tested employee's alcohol concentration is 0.04
or higher he/she must immediately be removed from any safety-sensitive
duties and be subject to disciplinary action up to and including termination.
At a minimum the employee must remain suspended until he/she:
[a]
Has been evaluated by a substance abuse professional
(DOT regulations have specific guidelines for anyone who qualifies
as a substance abuse professional);
[b]
Has complied with any recommended treatment;
[c]
And has taken and passed a return-to-duty alcohol
test (result must be less than 0.02).
(f)
Applicants and employees are expected to report for alcohol
and drug testing as required by this policy and in accordance with
Borough testing procedures. Employees are to report for work with
no alcohol or illegal drugs in their bodies. Any refusal to submit
to alcohol breath testing or urinalysis drug testing as directed by
supervisory personnel will be considered a refusal-to-test and will
require the same disciplinary action as a positive result.
E.
Pre-employment testing.
(1)
All prospective employees applying for positions that require a CDL
will be required to undergo a pre-employment test for the presence
of illicit drugs. Receipt by the Borough of negative test results
is required prior to engaging in any safety-sensitive function or
an offer of employment. A positive test result will disqualify an
applicant from further consideration at that time.
(2)
Failure to keep an appointment with the agent, which was previously
agreed to by both the prospective employee and the agent, will be
viewed as an attempt to elude the testing or alter its results. No
further consideration for employment will be given the prospective
employee at that time.
F.
Random testing.
(1)
All employees covered by service contracts which require random testing
and all employees who must have CDLs to perform their duties for the
Borough will be subject to random, unannounced alcohol and drug testing.
Selection criteria, number of tests, and test frequency will be determined
by the language of FHWA regulations and will be communicated to employees
by Borough management or agent.
(2)
Upon notification of selection, the employee will report to the designated
collection center within one hour. Failure to report will be viewed
as an attempt to elude the test or alter its results and could result
in disciplinary action up to and including termination.
G.
Reasonable suspicion testing.
(1)
All employees are subject to a fitness for duty evaluation, to include
urine and breath testing, when there is reason to believe that alcohol
or drug use is or will adversely affect job performance. A reasonable
cause referral for testing will be made on the basis of documented,
objective facts and circumstances which are consistent with the long-
and short-term effects of substance abuse.
(2)
Examples of reasonable suspicion include, but are not limited to,
the following:
(a)
Adequate documentation of unsatisfactory work performance or
on the job behavior.
(b)
Physical signs and symptoms consistent with substance abuse.
(c)
Evidence of the manufacture, distribution, dispensing, possession,
or use of controlled substances, alcohol, or drugs.
(d)
Fights, assaults, or flagrant disregard or violations of established
safety, security, or operating procedures.
(3)
Reasonable cause testing determination will be made by a supervisor
or Borough official who is trained to detect the signs and symptoms
of drug and alcohol use and who can reasonably conclude that an employee
may be adversely affected or impaired in his/her work performance
due to substance abuse. If another supervisor or Borough official
is immediately available, he/she will verify that there is reasonable
cause before the employee is transported to the agent's facility.
At no time will this determination be made on the basis of third-party
reports without verification.
(4)
NOTE: Employees are cautioned that various over-the-counter and prescribed
medications can adversely affect ability to operate vehicles and other
equipment. It is the employee's responsibility to report to work
each day fit for his or her duties.
(5)
Employees who are deemed to require a fitness for duty evaluation
based on reasonable cause will be sent to the health facility of the
Borough's choice. The attending physician will make every attempt
to determine the cause of the observed behavior, including authorizing,
when his/her medical opinion dictates, an additional alcohol or drug
test which is more comprehensive than that required by FHWA, state
or contractual requirements. Employees will be placed on an unpaid
medical leave of absence until the results of the examination are
received by the Borough. Receipt of a negative drug test result and/or
doctor's statement that the employee was and is fit for duty
is required prior to continued employment. Employees who are returned
to duty by this means will be reinstated without prejudice.
(6)
Employees who are medically determined to be temporarily unfit to
perform their duties, but who test negatively for alcohol or drugs,
will be returned to duty when they obtain the original examining doctor's
written statement that they are fit for duty.
H.
Disciplinary action. This subsection applies only to those who test
positive for random or reasonable cause.
(1)
Alcohol testing positives (0.02 to 0.039).
(a)
Employees who test positive during alcohol breath testing (first
offense) in the range of 0.02 to 0.039 will be suspended from work
for a minimum of 24 hours and be required to pass a return-to-duty
breath alcohol test before returning to work. In addition, the employee
will be subject to disciplinary action. (All return-to-duty testing
is done at the employee's expense.)
(b)
Employees who test positive during alcohol breath testing (first
offense) in the range of 0.04 or higher will be suspended from work
and subject to disciplinary action up to and including termination.
At a minimum the employee must remain suspended until:
[1]
The employee is evaluated by a substance abuse professional.
This professional must meet the criteria outlined in the DOT's
Alcohol and Drug Rules for Substance Abuse Professionals.
[2]
The employee complies with and completes all recommendations
made by the substance abuse professional and is able to document same.
[3]
The employee submits to a return-to-duty drug test and proof
of a negative test result must be received by the Borough. (All return-to-duty
testing is done at the employee's expense.)
(c)
The employee will then be subject to follow-up testing for up
to 60 months. A minimum of six follow-up tests must be performed within
the first 12 months. (All follow-up testing is done at the employee's
expense.)
(d)
Employees who test positive during alcohol breath testing (second
offense) in the range of 0.04 or higher will be terminated.
(2)
Drug testing positives.
(a)
Employees who test positive during drug testing (first offense)
will be suspended from work and subject to disciplinary action up
to and including termination. At a minimum the employee must remain
suspended until:
[1]
The employee is evaluated by a substance abuse professional.
This professional must meet the criteria outlined in the DOT's
Alcohol and Drug Rules for Substance Abuse Professionals.
[2]
The employee complies with and completes all recommendations
made by the substance abuse professional and is able to document same.
[3]
The employee submits to a return-to-duty drug test, and proof
of a negative test result must be received by the Borough. (All return-to-duty
testing is done at the employee's expense.)
(b)
The employee will then be subject to follow-up testing for up
to 60 months. A minimum of six follow-up tests must be performed within
the first 12 months. (All follow-up testing is done at the employee's
expense.)
(c)
Employees who test positive during drug testing (second offense)
will be terminated.
(d)
In any cases where an employee who tests positive during a random
or reasonable suspicion test is required to remain out of work for
a period of more than two weeks, the Borough reserves the right to
fill that position.
I.
Post-accident testing.
(1)
Any employee involved in an accident will be required to submit to
a post-accident alcohol and drug test if instructed to do so by a
police officer, a supervisor of the Borough of Leonia, or if:
(a)
The driver's performance either contributed to an accident
or cannot be discounted as a contributing factor to the accident.
(b)
The driver involved in an accident receives a citation for a
moving violation.
(c)
There is a fatality as a result of an accident.
(d)
The accident meets the Department of Transportation criteria
for an accident that requires such testing.
(2)
When a post-accident test is indicated, the Borough will make every
effort to have said test performed within two hours of notification
of the accident. At no time will a period of more than eight hours
transpire between notification and testing. Documentation of the entire
post-accident procedure should be made by all personnel involved in
the notification and testing process.
(3)
Receipt by the Borough of a negative alcohol and drug test result
is required prior to return to duty. A positive test result will disqualify
an employee from further employment or reinstatement at that time
or any time in the future. Refusal to comply with the testing process
will be considered insubordination and will carry the same disciplinary
action as a positive test result.
J.
Return-to-duty testing. (All return-to-duty testing is done at the
employee's expense.) When the employee is cleared to return to
work after a positive random or reasonable suspicion test, he/she
will be required to pass an alcohol and drug test. Upon receipt of
a negative finding, the Borough will review the employee's employment
and will then determine whether or not the employee will be allowed
to return to work. If an employee is allowed to return to work, he/she
will be subject to follow-up testing, as determined by the Borough.
K.
Follow-up testing.
(1)
(All follow-up testing is done at the employee's expense.) Any
employee returning to work with the Borough after being suspended
for a positive alcohol or drug test or returning to work after a leave
of absence for voluntary substance abuse treatment will be subject
to random follow-up testing. The employee will be tested at least
six times in the first 12 months after returning to duty, and may
be subject to follow-up testing for up to 60 months.
(2)
Any employee who tests positive for drugs or alcohol during the follow-up
testing process will be terminated.
L.
Confidentiality of test results. The results of any drug test will
be reported and recorded in a confidential manner. Allowable communication
of medical or test results will follow guidelines established in 49
CFR Part 40. The results will not be reported to any additional parties
without the employee's written authorization, except as outlined
in 49 CFR Part 40. A copy of the individual's test results will
be available upon request.
M.
Quality assurance of testing program.
(1)
The Borough, through its agent, will take steps in its arrangements
for testing to ensure that the laboratory is certified by SAMHSA and
meets the requirements of the U.S. Department of Transportation (DOT).
(2)
The chain of custody for any urine sample shall be maintained at
all times. If the chain of custody is broken, after the tamperproof
seal is applied, the employee shall be retested at the Borough's
expense.
(3)
Any employee who receives a positive test result will have the right
to ask the Borough's Medical Review Officer (MRO) to retest the
sample at a NIDA certified laboratory of the employee's choice
at the employee's expense.
(4)
The Borough, through its agent, will make every effort to ensure
that the equipment being used for alcohol breath testing meets all
the requirements of the Department of Transportation and that all
testing will be performed by a qualified breath alcohol technician.
N.
Substance abuse related behavior.
(1)
Any employee engaging in the manufacture, distribution, dispensing,
possession or use of prohibited substances on Borough premises, in
Borough vehicles or while on Borough business will be immediately
discharged. Any manufacture, distribution, dispensing, possession,
or use of prohibited substances by any employee in any manner which
affects the employee's job performance, or which may cause the
public or a government or corporate body to lose confidence in the
Borough's ability to perform its responsibilities, will result
in disciplinary action up to and including termination. Law enforcement
officials could be notified, as appropriate, where criminal activity
is suspected. Any employee convicted of violating a criminal drug
statute will notify the designated Borough representative within five
days of such conviction.
(2)
Any employee who refuses to comply with a request for drug testing
shall be considered as having produced a positive test result and
will be discharged. Any employee who provides false information in
connection with a test, or who attempts to falsify test results through
tampering, contamination, adulteration, or substitution, shall be
terminated for insubordination. In the event that the laboratory detects
any substance which has been added to the sample to interfere with
the normal testing process, it will be considered a "refusal to test"
and the same sanctions will apply.
(3)
The Borough reserves the right to inspect, investigate, and search
for controlled substances at any time, with or without prior notice,
on or in any and all Borough premises and vehicles. Refusal to cooperate
with any inspection, investigation, or search that is authorized by
a Borough representative shall result in termination for insubordination.
O.
Employees voluntarily seeking help.
(1)
The Borough strongly encourages an employee with a drug/alcohol abuse
problem to voluntarily step forward to tell the Borough.
(2)
The Borough will assist in referring the employee to community assistance
programs. An unpaid leave of absence will be granted for a reasonable
period for treatment. The Borough will make every effort to hold the
employee's position during the rehabilitation process, though
this cannot be guaranteed.
(3)
It is crucial to note that the accommodations in this subsection
apply only when an employee voluntarily comes forward. If a substance
abuse problem is disclosed to the Borough only after there has been
a positive drug test, a violation of a Borough rule or standard, a
violation of law, or a violation of this policy, the same conditions
outlined in the return-to-duty section of this policy shall apply.
If an employee fails to remain drug-free after the first voluntary
rehabilitation he/she could be terminated.
P.
Training.
(1)
In an effort to educate employees in the dangers of drug use and
the Borough's commitment to keeping drugs out of the workplace,
each employee will receive information covering the dangers of substance
abuse, the Borough's commitment to an alcohol- and drug-free
workplace, and the penalties for violation of this policy.
(2)
Supervisory employees will receive at least one hour of training
on identifying those individuals who might be impaired by the use
of drugs.
Q.
Employee acknowledgement. Each employee or prospective employee shall
be given a copy of this policy. He/she must acknowledge receipt and
understanding of the policy as a condition of employment. A sample
of this acknowledgement is attached as Appendix A-2.
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Appendix A-2
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Employee Acknowledgement
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This will certify that I, _____ have been given a copy of the
Borough of Leonia's policy addressing alcohol and drugs in the
workplace and that I fully understand said policy and agree to comply
with all terms and requirements set forth herein.
|
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I agree to allow all test results, verified by the Medical Review
Officer, to be released to the Borough of Leonia.
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Employee
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Date
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Witness
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Date
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