Borough of Leonia, NJ
Bergen County
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Table of Contents
Table of Contents
[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Editor's Note: This ordinance superseded Ord.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.
[1]
Editor's Note: See Ch. 49, Police Department, Art. III, Rules and Regulations.
[2]
Editor's Note: See N.J.S.A. 11A:1-1 et seq.
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:
(1) 
Appropriate disciplinary action, up to and including termination.
(2) 
Requiring such employee to participate satisfactorily in a drug abuse and assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency.
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]
[1]
Editor's Note: See § 46-30, Employee complaint policy.
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.
G. 
The hiring of a prospective employee who has a family member on the governing body or employed by the Borough shall be guided by the local government ethics laws.[1]
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.
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.
(9) 
The applicant shall sign a receipt indicating that he has received the written notification which sets forth the requirements of all of the subsections of § 46-12G.
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
(9) 
To a potential future employer or other person requesting a verification of your employment as described in the following section titled, "Requests for employment verification and reference procedure."[1]
[1]
Editor's Note: See § 46-12C, Requests for references or employment verification.
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:
(1) 
Name.
(2) 
Address.
(3) 
Telephone number.
(4) 
Marital status.
(5) 
Dependent children.
(6) 
Change in status for health care programs.
(7) 
Change in status for dental coverage.
(8) 
Change of beneficiary on pension or life insurance policies.
(9) 
Change in tax status for tax withholding purposes.
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.
C. 
A position shall exist if it is established by the governing body or Library Board of Trustees and repeated and funded in the Salary Ordinance.[1]
[1]
Editor's Note: The Salary Ordinance is on file in the Borough offices.
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.
(7) 
The following positions shall be considered exempt from the provisions of this section, and the incumbents will not be paid overtime compensation:
(a) 
Borough Administrator.
(b) 
Police Chief.
(c) 
Borough Clerk.
(d) 
Superintendent of Public Works.
(e) 
Chief Financial Officer.
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.
D. 
Borough vehicles are to be used for official business only except as set forth below in Subsections E and F.
[Amended 10-15-2007 by Ord. No. 18-07; 4-20-2009 by Ord. No. 06-09]
E. 
The following officials may use an assigned Borough vehicle when they are on call in their official capacity:
[Added 4-20-2009 by Ord. No. 06-09]
(1) 
Fire Chief.
(2) 
Deputy Fire Chief.
(3) 
Fire Captain.
(4) 
Superintendent of the DPW.
(5) 
Ambulance Squad Captain.
F. 
The use of Borough vehicles by "on-call" officials shall be subject to the following restrictions:
[Added 4-20-2009 by Ord. No. 06-09]
(1) 
No Borough vehicles may be taken home beyond seven miles from the Borough of Leonia.
(2) 
Only Borough Officials are permitted to drive Borough vehicles.
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]
[1]
Editor's Note: See § 46-30.
[2]
Editor's Note: See § 46-31.
[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.
C. 
The department head will transmit the injury form to the Borough Administrator within 24 hours.[1]
[1]
Editor's Note: Former Subsections D and E, regarding compensation and continuation of benefits, were repealed 10-3-2011 by Ord. No. 13-11.
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.
(18) 
Violating the local government ethics laws.[1]
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.
(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:
(1) 
Reprimand in writing.
(2) 
Suspension from duty for a specific period without pay.
(3) 
Dismissal.
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.
(9) 
Violation of sexual harassment section.[1]
[1]
Editor’s Note: See § 46-9, Antiharassment and sexual harassment policy.
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.
(2) 
Retirees will not be reimbursed for Medicare Part B except those specifically covered under Resolution 02-61.[1] In no event will spouses be reimbursed for Medicare Part B.
[1]
Editor's Note: Said resolution is on file in the Borough offices.
(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).
(e) 
All return-to-duty testing is done at the employee's expense. The employee is then subject to announced follow-up testing. (See follow-up testing in this policy.[1])
[1]
Editor's Note: See § 46-41K.
(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.
Appendix A-2
Employee Acknowledgement
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.
I agree to allow all test results, verified by the Medical Review Officer, to be released to the Borough of Leonia.
Employee
Date
Witness
Date