Borough of Northvale, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Northvale 5-14-1997 by Ord. No. 701-96; amended 5-14-1997 by Ord. No. 711-97. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 37.
Salaries and compensation — See Ch. 50.

§ 39-1 Declaration of policies.

A. 
The personnel policies and practices contained herein are intended to protect the rights and interests of every citizen of the borough, whether borough employee or taxpayer. It is the intent and purpose of the borough to attract the best qualified persons to the service of the borough and to provide effective leadership, supervision, guidance and working conditions for every borough employee so that he or she may consistently perform with effectiveness and with personal satisfaction. The Mayor and Council, by the adoption of this chapter, declares it to be the policy of the borough to establish fair and equitable standards for the benefit of the employees of the borough and to provide for proper administration of the governmental affairs of the borough. Nothing contained in this chapter shall be interpreted to mean that the employees will only be terminated for just cause or that a particular job shall remain available. This chapter is a guide and not a bargained for contract with no contractual rights created for the employees, and every employee should be aware that it can be changed at any time without notice.
B. 
The Borough of Northvale policy on discrimination and harassment. The Borough of Northvale 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. Discrimination, harassment or disrespect on the basis of race, color, national origin, religion, marital status, military service, political affiliation, sex or sexual preference, age or disability are prohibited by federal, state and borough policies.
C. 
Reporting of discrimination, harassment or wrongful acts. All employees have the 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. 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.

§ 39-2 Applicability.

The provisions of this chapter shall apply generally to all salaried employees of the borough, except those employees exempted herein. Specific clauses relating to fringe benefits, economic benefits and certain administrative procedures only apply to full-time salaried employees. Where not obvious from the context or in the event of a dispute as to the applicability of a provision to a particular employee or class of employees, the interpretation with the least economic cost shall apply.

§ 39-3 Exempt personnel.

The personnel of the borough hereinafter designated shall be exempt from the provisions of this chapter:
A. 
All members of citizen boards and committees.
B. 
The Borough Engineer, Borough Attorney, Borough Auditor, Board of Adjustment Attorney, Planning Board Attorney and Borough Judge.
C. 
Positions involving seasonal or part-time employment.
D. 
Volunteer personnel and personnel appointed to serve without compensation.
E. 
Professional consultants or counsel rendering professional services.
F. 
Crossing guards, Deputy Fire Commissioner and Deputy First Aid Director.
G. 
Nonsalaried licensed inspectors.
H. 
The personnel of the Police Department whenever their contract with the borough conflicts with this chapter.
I. 
Manual labor employees of the Public Works and Parks Departments whenever their contract with the borough conflicts with this chapter.

§ 39-4 Employment.

A. 
Appointments. All employees, officers and department heads of the borough shall be appointed and promoted by the governing body, except where the power to appoint has been delegated to a subordinate board by the Mayor and Council or by operation of law. No person shall be employed under the provisions of this chapter unless there shall exist an office or position created by statute or ordinance, and further provided that the necessary budget appropriation for the office or position has been adopted by the Mayor and Council in the municipal budget is specified in the Salary Ordinance.[1]
[1]
Editor's Note: See Ch. 50, Salaries and Compensation.
B. 
Applications for employment. An applicant for employment by the borough shall file an application on a form provided by the borough, which form shall be approved by the Mayor and Council. The application shall be filed with the Borough Clerk. The Borough Clerk shall retain the original and forward a copy to the appropriate appointing authority. The application shall become a part of the personnel file of the applicant upon employment by the borough.
C. 
Physical examination. The borough may require all applicants for employment, prior to employment, to successfully pass a physical examination consistent with the A.D.A. to assure that the work required to be performed will not cause injury to the employee and that the person is physically fit to meet the requirements of the employment. The appointing authority may require periodic physical examinations for employee's ability to perform the duties of employment satisfactorily. All physical examinations shall be by a physician chosen from a panel of physicians designated by the Mayor and Council, at the expense of the borough.
D. 
Notification of job openings. Whenever a new position is created or whenever a vacancy occurs which necessitates the hiring of a new employee, the head of that department shall supply the Mayor and Council with a written job description. The Borough Clerk shall advertise the job opening at least once in a newspaper of general circulation. The Borough Clerk shall have the authority to advertise the job opening in any other periodical or media he or she believes is most likely to attract qualified applicants. The appointment shall be made to the applicant whose attributes and qualifications best meet the borough's needs. Photocopies of all job applications shall be kept on file with the Borough Clerk.
E. 
In making decisions with respect to employment matters, the borough:
(1) 
Shall not discriminate against an otherwise qualified individual with a disability.
(2) 
Shall make reasonable accommodations to allow an otherwise qualified individual to perform the essential function of the job.
(3) 
Shall not make improper inquiry regarding medical matters during the application process.

§ 39-5 Abolishment of office or position.

The Mayor and Council may abolish an office or position and reduce the number of personnel employed by the borough for reasons of economy or efficiency. In the event that the office or position of an employee with tenure is abolished, said employee may be reassigned to a position which said employee is qualified to perform. If such a tenured employee is not qualified to perform an available position, then said employee may be dismissed from the service of the borough, but the employee shall have the right, upon application, to be reinstated in the first available position that said employee shall be qualified to perform, subject to the requirements of an applicant for original employment.

§ 39-6 Hours of employment. [1]

A. 
Employees of the borough shall ordinarily be required to work five days a week from Monday to Friday. All full time employees of the borough governed by this chapter shall work 40 hours per week, which hours of employment shall be determined by departmental directive when not specified in the Salary Ordinance. The director of each department shall schedule the lunch period for each employee of the department by a written directive filed with the Borough Clerk and distributed to each employee of the department, provided that the lunch period shall not exceed one hour, and further provided that the schedule shall be arranged in a manner that will require every office of the borough to be open to the public continuously from 8:30 a.m. until 4:30 p.m.
B. 
All employees shall fill out the required time card recording the time that they start work and the time they leave work and when they are called back for overtime.
C. 
All time cards of nonsupervisory personnel shall be approved by their supervisors, and all supervisor's and administrator's cards shall be approved by the head of the department.
[1]
Editor's Note: Former Section 6, Hours of employment, which immediately followed this section, was repealed 5-14-1997 by Ord. No. 711-97.

§ 39-7 Holidays.

The Mayor and Council will post a holiday schedule for the employees after their reorganization meeting yearly.

§ 39-8 Eligibility for family leave.

The New Jersey Family Leave Act[1] and the Federal Family and Medical Leave Act of 1993 requires that all eligible employees shall be entitled to family leave. An "eligible employee" shall be defined as an employee who has been employed for at least 12 consecutive months by the Borough of Northvale and who has worked not less than 1,000 hours during the preceding twelve-month period. Family or medical leave shall mean leave from employment so that the employee may provide care made necessary by reason of:
A. 
The birth of a child of the employee.
B. 
The placement of a child with the employee in connection with adoption of such child by the employee.
C. 
The serious health condition of a child, parent or spouse of an employee.
D. 
The serious health condition of the employee that makes the employee unable to perform the functions of the position of the employee. "Serious health condition" shall mean an illness, injury, impairment or physical or mental condition which requires:
(1) 
Inpatient care in a hospital, hospice or residential medical care facility; or
(2) 
Continuing medical treatment or continuing supervision by a health care provider.
[1]
Editor's Note: See N.J.S.A. 34:11B-1 et seq.

§ 39-9 Family leave regulations.

A. 
Said eligible employees may request an unpaid family or medical leave of absence for up to 12 weeks within any one-year period. Each twelve-month period shall commence on the first day a family or medical leave is taken pursuant to this policy. If the employee has taken any other unpaid leave(s) of absence within the twelve-month period preceding his or her request for family and medical leave, the twelve-week period normally available for family and medical leave shall be reduced by the amount of time taken on such prior leave or leaves of absence. All requests for leave shall be made to the Borough Clerk.
B. 
The twelve weeks' leave may be taken in full work days or, if medically necessary, in intermittent full days, as needed, or by working a reduced workweek.
C. 
Employees will be requested to provide 30 days' notice in the case of birth, adoption or foster placement of a child and will be asked to sign a statement of intent to return to work upon the termination of the leave of absence. Employees, if possible, will be requested to provide one week's notice in case of illness and will be required upon requesting such leave to provide a letter from the health care provider relative to the nature and expected duration of the illness.
D. 
During the period of family leave, the borough shall continue his/her medical insurance coverage.
E. 
Any employee who takes a leave of absence shall provide the borough with at least two weeks' advance notification of the date he/she intends to return to work.
F. 
The borough, by resolution of the Borough Council, may deny family leave to the employee if:
(1) 
The employee is salaried and among the highest paid 5% of the borough's employees or the seven highest paid employees, whichever number is greater.
(2) 
The denial is necessary to prevent substantial and grievous economic injury to the borough.
(3) 
The borough notifies the employee of its intent to deny the leave at the time the borough determines that the denial is necessary.
G. 
An employee eligible for leave may elect to substitute any of the accrued paid vacation days or personal days, but not sick leave, for the leave set forth hereinabove.
H. 
Upon expiration of the leave of absence, employees are entitled to return to their original jobs or to jobs of like pay and status, if such a position is available. However, in the case of medical leave of absence, if the employee is medically unable to perform his/her original job upon expiration of such leave, the employee shall be transferred to work suitable to his/her physical condition where such work is available. The employee shall also be entitled to no less seniority, benefits and of service credits than held before the leave of absence began.

§ 39-10 Military leave and jury duty.

A. 
Any full-time employee who is a member of the National Guard, Naval Militia, Air National Guard or a reserve component of any of the Armed Forces of the United States and is required to engage in field training shall be granted a military leave of absence with pay for the period of such training as is authorized by law. The paid leave of absence shall be in addition to his/her vacation.
B. 
When an employee, after one year's service with the borough, has been called to active duty or inducted into the military or naval forces of the United States, he/she shall automatically be granted an indefinite leave of absence without pay for the duration of such active military service. Each employee may be reinstated without loss of privileges or seniority, provided that he/she reports for duty with the borough within 60 days following his/her honorable discharge from military service.
C. 
An employee required to render service as a juror in either state or federal courts shall be entitled to be absent from employment on the days that said employee is required to serve and shall be paid his/her salary for said absent days, provided that moneys received for said service by the employee shall be deducted from the regular salary received from the borough.

§ 39-11 Funeral leave.

All permanent full-time employees shall be entitled to four days' leave with pay for the purpose of attending a funeral upon the death of a member of his/her immediate family. Immediate family shall include spouse, children, parents, brothers, sisters and grandparents of the employees and their respective spouses. Such funeral leave shall not be charged against the employee's vacation or sick leave. Any extension of absence under this section, however, may be at the employee's option with the consent of the department head and be charged against available vacation time or be taken without pay for a reasonable period. In the case of unusual circumstances not specifically covered in the section, funeral leave may be granted or extended at the discretion of the department head.

§ 39-12 Leave without pay.

A. 
Leave without pay shall be granted to an employee only upon request. It shall be granted only when the employee has used his/her accumulated sick leave, in the case of illness, or his/her vacation leave, if leave without pay is requested for reasons other than illness. Written request for leave without pay must be initiated by the employee, favorably endorsed by the department head and approved by the Mayor and Council before becoming effective. Such leave, except for military leave without pay, shall not be approved for a period longer than six months at one time. The Mayor and Council may extend such leave for an additional six months or any portion thereof.
B. 
A request for any type of leave, except sick leave or death leave, shall be made on a form prescribed by the Mayor and Council. Such request, whenever possible, shall be made far enough in advance to permit approval and, at the same time, to permit coverage for the particular employment so that municipal services shall not suffer. In the case of sick leave, the employee shall notify his/her department head immediately if he/she is unable to report for work.

§ 39-13 Personal days.

Each full-time employee shall be entitled to three personal days off with pay after one full year of employment, provided that no employee shall take a personal day on the day before or the day after any vacation or any holiday as set forth in this chapter, and further provided that the employee shall give 24 hours' notice prior to taking any personal day. Personal days can not be carried over to the next fiscal year.

§ 39-14 Sexual harassment policy.

A. 
Sexual harassment defined. "Sexual harassment" is defined as: Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct based on gender when:
(1) 
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
(2) 
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
(3) 
Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment, including but not limited to:
(a) 
Gender harassment: generalized gender-based remarks and behavior.
(b) 
Seductive behavior: inappropriate, unwanted, offensive physical or verbal sexual advances.
(c) 
Sexual bribery: solicitation of sexual activity or other sex-linked behavior by promise of reward.
(d) 
Sexual coercion: coercion of sexual activity by threat of punishment.
(e) 
Sexual assault: gross sexual imposition, such as touching, fondling, grabbing or assault.
B. 
Policy. All employees, female or male, shall be permitted to work in an environment free from all forms of unlawful discrimination and conduct which can be considered harassing, coercive or disruptive, including sexual harassment. Sexual harassment is a form of employee misconduct which undermines the integrity of the employment relationship. Sexual harassment debilitates morale and interferes with work productivity and, therefore, will not be tolerated.
C. 
Supervisory response. The supervisory response to sexual harassment shall be to:
(1) 
Interview the complainant in detail.
(2) 
Interview all potential witnesses, including those persons who may have knowledge of similar incidents.
(3) 
Interview the charged party in detail.
(4) 
Review municipal files for similar incidents involving the complainant and the charged party.
(5) 
Assess the presence or absence of corroborative evidence for either party.
(6) 
Evaluate needs of victim, if applicable.
D. 
Confidentiality. To the extent possible, the sexual harassment investigative proceedings will be conducted in a manner to protect the confidentiality of the complainant, the alleged harasser and all witnesses. All parties involved in the proceedings will be advised to maintain strict confidentiality, from the initial meeting to the final decision, to safeguard the privacy and reputation of all involved.
E. 
No retaliation. It shall be a violation of this policy for any employee to take reprisals against any person because she/he has filed a complaint, testified or assisted in any proceeding under this policy. Threats, other forms of intimidation and/or retaliation against the complainant or any other party based on involvement in the complaint process may be cause for disciplinary action.
F. 
Protection of all parties. All complaints will be addressed by the Personnel Committee. The alleged harasser will be notified once a formal complaint is filed with the Borough Clerk. A finding of no probable cause as a result of an investigation does not necessarily establish that an accusation is false. However, this policy shall not be used to intentionally bring frivolous or malicious charges against an employee.
G. 
Disciplinary action. Disciplinary action for employees found in violation of this policy may be progressive in nature, but not required to be, and may include written reprimand.
H. 
Responsibilities of supervisor. In order to ensure the integrity of the work environment, supervisory personnel are required to ensure adherence to and compliance with this policy and, upon being informed of possible sexual harassment, are required to take appropriate immediate action in response, including informing employees of their right to file a discrimination complaint with the Personnel Committee.
I. 
Responsibilities of employees. Employees are encouraged, whether directly or through a third party, to notify the alleged harasser that the behavior in question is offensive and unwelcome. However, failure to do so does not preclude filing a complaint. Employees are encouraged to promptly report all alleged incidents of sexual harassment to the Personnel Committee.
J. 
Complaints.
(1) 
The complaint filed must include the following information:
(a) 
The name and department of the complainant.
(b) 
The name and department of the charged party.
(c) 
The nature and circumstances, in detail, of the alleged sexual harassment, including but not limited to the injuries or consequences suffered by the complainant, the names of any witnesses to such actions and the duration of the actions in question.
(d) 
Whether such harassment has been previously reported to a supervisor or other person and, if so, when and to whom.
(2) 
Nothing in this subsection shall prevent the complainant from providing other information or documents they believe are essential to the fair adjudication of their case.
(3) 
The initial complaint may be made orally or in writing. If the complaint is made orally, the Personnel Committee shall reduce the same to a written document which shall, if it is deemed accurate, be signed by the complainant.
K. 
Investigation of filed complaints. A complaint of sexual harassment shall be investigated by the Personnel Committee in a timely manner, e.g., within 10 days. Punishment, where indicated, may include but not be limited to:
(1) 
Suspension (with or without pay).
(2) 
Demotion.
(3) 
Termination.
(4) 
Referral to the criminal justice system.
(5) 
Mandatory counseling.
L. 
Exhaustion of remedies. To the extent permitted by law, the borough will not be liable for damages obtained as a result of a decision of a nonlocal agency or court of superior administrative remedies described herein.
M. 
Training. Employees of the borough shall be provided with training by a person trained to lead or implement such training, which shall include a detailed discussion of the following:
(1) 
A detailed explanation of what constitutes sexual harassment.
(2) 
The procedures for filing a sexual harassment charge.
(3) 
The procedures to be followed in the investigation of a sexual harassment charge.
(4) 
Management's obligation regarding incidents of sexual harassment.
(5) 
Record keeping requirements.
N. 
False accusations. Since a charge of sexual harassment is a grave and serious one, false accusations of sexual harassment are, and will be treated as a disciplinary offense and will result in a level of punishment appropriate for a person actually engaging in such behavior. A person who knowingly and/or recklessly fails to give truthful testimony to the Personnel Committee shall also be guilty of having made false accusations.

§ 39-15 Termination and discipline.

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 providing fundamental fairness ("due process") to all employees.
(4) 
No person shall be subject to discipline in retaliation for having reported, in good faith, wrongdoing by another. This policy shall be administered in accordance with the New Jersey Whistle-blower's Law, i.e., New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1 et seq.
B. 
Application.
(1) 
An employee may be subject to disciplinary action for any of the causes set forth hereinafter. An employee shall be subjected to the following disciplinary action, not necessarily in the following order:
(a) 
Reprimand, in writing.
(b) 
Suspension from duty for a specific period without pay.
(c) 
Dismissal.
(2) 
The procedure set forth in this chapter shall be required prior to any disciplinary action against an employee, but any violations or omissions of said procedure not affecting an employee's substantive rights shall not bar said disciplinary action.
C. 
Causes. The causes sufficient for disciplinary action shall include the following:
(1) 
Neglect of duty.
(2) 
Poor performance.
(3) 
Absence without leave or failure to report after authorized leave has expired or after such leave has been disapproved or revoked.
(4) 
Insubordination or serious breach of discipline.
(5) 
Violation of alcohol and/or drug program.
(6) 
Conviction of a criminal act.
(7) 
Disobedience of the departmental rules, regulations and directives.
(8) 
Conduct unbecoming a public employee.
(9) 
Violation of sexual harassment section.[1]
[1]
Editor's Note: See § 39-14, 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 for. 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 the violation within 30 days of the awareness of the same by the governing body or superior of the alleged violation, which charge shall state the specific facts of the violation, including dates and time of the offense, and said charges shall be signed by the departmental superior preferring the charge against an employee. An employee may be suspended until disposition of the charge prepared against him in a formal complaint.
(b) 
Hearing.
[1] 
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 department head shall fix a date, time and place of said hearing within 30 days after the filing of formal charges against said employee.
[2] 
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 borough may order that a stenographic record be made of the proceedings or the employee may request, in writing, that a stenographic record be made, at the employee's expense, provided that the employee or his counsel shall inform the borough, in writing, at least one week prior to the date set for the hearing.
(c) 
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 borough shall notify the employee, in writing, of said action. The borough shall inform the department head of the determination and instruct the department head of the action to be taken against said employee.

§ 39-16 Grievance procedure.

A. 
A "grievance" is defined as any dispute concerning the interpretation, application and/or enforcement of this chapter.
B. 
A grievance arises on the date the employee affected becomes or is made aware of the existence of the grievance. In the event of a settlement or ruling which results in a determination of monetary liability on the part of the borough, such liability shall not extend for more than 30 working days prior to the date the grievance was first presented in writing.
C. 
All grievances must be presented within five working days after arising, and failure to report a grievance within such time shall be deemed a waiver thereof.
D. 
Supervisor review. Any employee or anyone of a group of employees having a grievance shall submit the same orally to the employee's immediate supervisor as designated by the borough. A union employee shall elect whether to have the steward present or not at any oral presentation. Within two working days, the immediate supervisor shall inform the grievant and the steward having jurisdiction of his decision.
E. 
Personnel committee. If the grievance is not adjusted satisfactorily to the employee, it shall be reduced to writing by the employee on a form supplied by the borough. The facts of the grievance shall be detailed clearly and concisely, and the relief requested shall be set forth. The complete form shall be signed by the employee aggrieved. Within five working days after the Step 1 decision, the employee shall deliver the written grievance to the Personnel Committee. Failure by the employee to deliver the written grievance within the five working days specified shall be deemed a settlement of the grievance. The Personnel Committee handling the Step 2 grievance shall give their decision, in writing, within five working days after the grievance is presented. (This decision shall be final.)

§ 39-17 Implementation of additional procedures.

The Mayor and Council may adopt, by resolution, all matters necessary to properly administer this chapter, provided that the resolution shall not be in conflict with the provisions of this chapter.

§ 39-18 Departmental rules, regulations and directives.

A. 
Directives.
(1) 
The director of the department may establish, amend and supplement rules, regulations and directives for governing the internal operations of the department and the conduct and decorum of its personnel. Such departmental rules, regulations and directives shall not be inconsistent or in conflict with the provisions of any statute of this state, this chapter or any other ordinance of the borough.
(2) 
The rules, regulations and directives shall be in writing, signed by the department head, and shall be filed in the office of the Borough Clerk. They shall be binding on all persons subject to the jurisdiction of the department. A written copy of said rules, regulations and directives shall be distributed to the personnel of the department affected thereby and shall be posted in the headquarters of the department. Copies shall also be available upon request.

§ 39-19 Catastrophic or life threatening illness.

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 the 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 and fully perform his or her job description, said individual may be eligible for health and disability benefits.
E. 
Consistent with the concern for employees with life threatening illnesses, the borough offers the following range of resources:
(1) 
Employee education and information on terminal illnesses and specific life threatening illnesses.
(2) 
Referral to agencies and organizations which offer supportive services for life threatening illnesses.
(3) 
Provide consultation in assisting employees in efficiently managing health, leave and other benefits.

§ 39-20 Affirmative action.

A. 
The Borough of Northvale is dedicated to the principle that everyone should be assured equal employment opportunity. It is our further belief that equal opportunity should be assured not only in hiring practices but also in promotion, training and benefits.
B. 
These opportunities will be afforded everyone without regard to race, religion, color, sex, national origin, political affiliation, physical disabilities, marital status, affectional or sexual orientation, age or military service.
C. 
The affirmation action policy is developed to include all phases of recruiting, selection, hiring and dismissal, transfer, promotion, training, upgrading, compensation and benefits and conditions of employment.
D. 
The Borough of Northvale implements its policy of providing equal employment opportunity for all through an Affirmative Action Program. To effectively ensure compliance with this program, the Borough Clerk serves as the Affirmative Action Officer for the Borough of Northvale.
E. 
The borough expects the cooperation of all municipal employees in fulfilling these goals, which are moral, legal, social and economic obligations.

§ 39-21 Drug and alcohol policy.

A. 
This policy stated outlines formally the Borough of Northvale's policy regarding the program which has been put in place to assure our compliance with the federally mandated antidrug/alcohol plan, 49 CFR Parts 40, 199, 382 and 391.
B. 
Our policy is as follows:
(1) 
The Borough of Northvale will provide an Employee Assistance Program for its employees and supervisory personnel which will include a program of education and training on the effects of drug abuse. We will make available to all employees informational material related to the cause and effects of substance abuse. Supervisory personnel who will be in a position to determine whether an employee must be drug/alcohol tested based on reasonable cause will receive a minimum of one hour of training on the specific physical, behavioral and performance indicators of probable drug/alcohol abuse.
(2) 
Additionally, the Borough of Northvale has been mandated, by federal regulation, to implement and maintain a program of substance abuse testing on all employees whose jobs are covered under the Federal Department of Transportation regulation 49 CFR Parts 40, 199, 382 and 391.
(3) 
The Borough of Northvale further has determined to take action against employees who unlawfully use, distribute or possess alcohol, drugs or controlled substances during or outside assigned working hours in order to prevent illegal activities and to protect employees, the public and the Borough of Northvale properly from danger which may result from the illegal use of alcohol, drugs or controlled substances. The objective of the policy is to provide and maintain a safe, drug/alcohol free work environment.
(4) 
The Borough of Northvale has further determined that it will not employ or use the services of any employee who refuses to be tested for drugs/alcohol, and will discipline any employee who fails a drug/alcohol test which may include termination of services.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
EMPLOYEE
A person employed by the Borough of Northvale in a capability which requires a commercial driver's license to be maintained, including all Department of Public Works sanitation workers, roadmen, mechanics, buildings and grounds workers, foremen and supervisors, all of whom shall be included in a test pool.
FAIL A DRUG/ALCOHOL TEST
The confirmation test result shows a positive evidence of the presence of a prohibited drug/alcohol in an employee's system.
PASS A DRUG/ALCOHOL TEST
Initial testing or confirmation testing does not show evidence of the presence of prohibited drug/alcohol in a person's system.
PROHIBITED DRUG
Any of the following substances specified in the Schedule I or Schedule II of the Controlled Substances Act, 21 U.S.C. § 801.812 (1981 and 1987 CUM, P.P.): marijuana, cocaine, opiates, amphetamines and phencyclidine ("PCP").
D. 
Drug/alcohol tests required.
(1) 
Preemployment testing. No employee will be hired unless that person passes a drug/alcohol test or is covered by a recognized antidrug/alcohol program, documentation of which must be supplied to the Superintendent of Public Works of the Borough of Northvale.
(2) 
Postaccident testing. As soon as possible, but no later than 2 hours to 8 hours after an accident occurs during employment hours, any employee whose performance either contributed to the accident or whose performance cannot be completely discounted as a contributing factor to the accident shall be drug/alcohol tested. The decision to test or not to test shall be in the sole discretion of the employer based upon the base information available immediately after the accident. The supervisor, in conjunction with any other investigative personnel, shall fully document the basis upon which a decision to test or not to test is made. In the case of an accident involving a fatality or involving the issuance of a citation to a borough employee, the involved employee shall automatically be tested. All covered employees shall immediately report all accidents or citations issued during the employee's course of his/her shift regardless of the type or ownership of vehicle involved in the accident or the citation.
(3) 
Random testing. At least 50% of all employees shall be drug tested, and 25% of all employees shall be alcohol tested every 12 months. The employees for testing shall be selected by using a random number table that is matched with an employee's identification number. During the first 12 months following the institution of random drug/alcohol testing, the total number of tests conducted shall include at least 25% of the employees required to be tested.
(4) 
Testing based on reasonable cause. Whenever there is reasonable cause to believe that an employee is using a prohibited drug/alcohol, such employee shall be tested. The decision to so test will be based on a reasonable belief that the employee is using a prohibited drug/alcohol on the basis of the specific, contemporaneous, physical, behavioral or performance indicators of probable drug/alcohol use. One supervisor of the employee trained in detecting possible drug/alcohol use symptoms shall substantiate the decision to test.
(5) 
Rehabilitation and discipline. All employees are entitled to voluntarily participate in the Employee Assistance Program regardless of a positive test result being received. However, if there is a positive test result, participation in the Employee Assistance Program or an alternate program approved by the Borough of Northvale shall be a prerequisite to continued employment. Refusal to enroll in a program or to complete a full course of rehabilitation shall be cause for immediate termination of services. A positive alcohol test is one with a level of .040 or greater. Employees with a pattern of reading between .020 and .039 will also be subjected to enrolling in a mandatory counseling program. In addition to completing a required course of rehabilitation, employees shall be subject to the following discipline:
(a) 
Following confirmation of a positive test, there shall be a minimum five-day suspension, without pay. In the case of an alcohol test result between .020 or .039, the penalty would be limited to a suspension for the remainder of that day's work shift unless a pattern developed. The suspension shall remain in full force until there is a negative retest provided by the borough through a certified laboratory (all costs of testing to be borne by the employee), but failure on the part of the employee to present a positive test result within six weeks from the original incident date shall automatically result in termination of services. After two weeks, the Borough of Northvale reserves the right, for reasons of operational efficiency, to fill the suspended employee's position, and in such case, the suspended employee would be entitled to the next available opening providing all other conditions (rehabilitation and positive test result) are met.
(b) 
Employees found to be in violation of this policy (confirmation of positive drug/alcohol test) on a second occasion will be immediately dismissed.
(6) 
Testing after rehabilitation. A person who returns to duty as an employee after rehabilitation shall be subject to a reasonable program of follow up drug/alcohol testing without prior notice for not more than 60 months after his or her return to duty.
(7) 
Administration. The Borough of Northvale has designated Reinhart Associates to administer this borough's antidrug/alcohol program.