Township of Ocean, NJ Article V Employee Conduct

§ 57-20 Work schedules. [1]

A. The normal work day schedule for all full-time employees, whether permanent or temporary, shall be from 8:30 a.m. to 4:30 p.m., five days a week. Supervisors and/or department heads and/or the Committee member in charge of personnel, will advise employees of the times their schedules will normally begin and end. Staffing needs and operational demands may necessitate variations in starting and ending times, as well as variations in the total hours that may be scheduled each day and week. The Committee member in charge of personnel or his or her designee may require different departments to commence their daily schedule, earlier than 8:30 a.m. if the Township so requires or as set forth in any negotiated contract between the municipal and any recognized bargaining unit.

[Amended 9-11-2008 by Ord. No. 2008-18]

B. The normal work schedule for all exempt employees shall not necessarily be coincidental with the normal work hours of the nonexempt employees. Exempt employees are expected to devote, for a minimum of 35 hours per week, their time, attention, knowledge, and skill solely and exclusively to the business and interest of the Township.

C. Exempt employees required to work beyond their normal eight-hour (with an hour break for lunch), daily work shift, and who, as a result, also work more than 40 hours in any one week, may qualify for and request compensatory time off for hours worked in excess of 40 hours. Compensatory time off shall be computed on a straight hour-for-hour basis for time worked. All exempt employees are required to provide a weekly report of hours worked to the Township's Chief Financial Officer; however, they are not required to utilize the time clock. Lunch hours are not included in the calculation of hours worked. Hours worked between 35 and 40 hours in any one week do not qualify for compensatory time as it is expected that such administrative and supervisory employees will from time to time, be required to "start early" or "leave late" in order to properly perform their assigned duties.

D. Nonexempt full-time employees, whether permanent or temporary, who are required to work beyond their normal eight-hour day, and who, as a result, work more than 40 hours in any one week, are not eligible for compensatory time off but shall receive overtime pay in accordance with the Township's overtime policy. Any employee, whether deemed part-time or otherwise, whose normal work week is less than 40 hours per week, shall receive straight time pay up to 40 hours and overtime pay for any hours in excess thereof in accordance with the Township's overtime policy.

E. All requests for compensatory time off by an exempt employee must be submitted in writing at least two business days prior to the time requested and cannot be taken without approval by the Committee member in charge of personnel or his/her designee. The request shall include a copy of the weekly report previously filed, indicating the date and amount of time previously earned for which the employee is seeking compensatory time off.

F. The use of all compensatory time off must be approved, in advance, by the Township Committee member in charge of personnel or his/her designee.

[1] Editor's Note: Original Section 2.108.310 of the 2002 Code, Employee conduct and work rules, and Section 2.108.320, Conflict resolution, which immediately preceded this section, were repealed 12-8-2011.

§ 57-21 Overtime.

[Amended 11-12-2015 by Ord. No. 2015-14]

A. Overtime is time worked in addition to an employee's regularly scheduled hours during a workweek and times of emergency.

B. Overtime in the amount of time and one-half shall be paid to all employees eligible therefor for time worked in excess of 40 hours in the standard workweek.

C. Administrative employees with a thirty-five-hour workweek shall be paid as straight time for hours worked above 35 and up to and including 40 in the workweek. Hours worked above 40 shall be paid as time and one-half in accordance with the preceding subsection.

D. Overtime is not payable unless authorized by Township Committee member and/or the Township Administrator. Depending on work needs, all employees may be required to work overtime, especially during times of emergency. All employees are not permitted to work overtime unless the overtime is budgeted and approved by the Township Committee member and the Township Administrator. All employees working overtime without prior approval will be subject to disciplinary action.

E. To the extent reasonably practical, overtime shall be equally distributed among employees in their respective departments capable of performing the additional work.

F. Pyramiding of overtime is prohibited.

G. Under the Federal Fair Labor Standards Act,[1] certain employees in managerial, supervisory and administrative, computer or professional positions are exempt from the provisions of the Act. There are also employees who may be exempt because their compensation exceeds $100,000 per year, depending upon their job duties.

[1] Editor's Note: See 29 U.S.C. § 201 et seq.

§ 57-22 Timekeeping.

[Amended by Ord. No. 2005-24]

A. Accurately recording time worked is the responsibility of every employee. Federal and state laws require the Township to keep an accurate record of time worked in order to calculate employee pay and benefits. Time worked is all the time actually spent on the job performing assigned duties. The Township's Chief Financial Officer shall maintain accurate and complete time and attendance records. All employees are required to utilize or receive appropriate timekeeping devices as designated from time to time by the Township Committee of the Township of Ocean in order to keep an accurate and complete time and attendance record.

B. All employees should accurately record the time they begin and end their work, as well as the beginning and ending time of each meal period. They should also record the beginning and ending time of any split shift or departure from work for personal reasons. Overtime work must always be approved before it is performed. It is the responsibility of all supervisors and department heads to insure that true and correct time records are recorded for each employee under their supervision. Failure of a department head or supervisor to insure compliance with this policy will subject both the employee and his/her supervisor to disciplinary action. Each department head or supervisor shall certify as to the accuracy of the time report or record each week.

C. Altering, falsifying, tampering with time records, or recording time on another employee's time record or failing to report such conduct of another employee may result in disciplinary action, up to and including termination of employment.

D. Nonexempt employees should report to work not more than 10 minutes prior to their scheduled starting time nor stay more than 10 minutes after their scheduled stop time without expressed prior authorization from their supervisor.

E. If corrections or modifications are made to the time record, both the employee and the supervisor must verify the accuracy of the changes by initialing the time record.

§ 57-23 Attendance and punctuality.

The management philosophy of the Township on attendance can be stated as follows:

A. The Township of Ocean provides its regular full-time employees with a number of paid absences per year. This coverage is considered insurance in case of illness, and it should not be considered as right of employment. As a public entity, the municipality's taxpayers have the right to expect that the Township's employees are doing the public's business when they are supposed to.

B. To maintain a safe and productive work environment, the Township expects employees to be reliable and to be punctual in reporting for scheduled work. Absenteeism and tardiness place a burden on other employees, and on the Township, and affects customer service. In the rare instances when employees cannot avoid being late to work or are unable to work as scheduled, they should notify their supervisor as soon as possible.

C. Poor attendance and excessive tardiness are disruptive. Either may lead to disciplinary action, up to and including termination of employment.

D. Definitions. For the purpose of this policy, the following terms shall have the meanings indicated:

ABSENTEEISM

The failure of workers to report to the job when they are scheduled to work or to leave work before their work shift is completed. Within this definition, absences shall be categorized as follows:

(1) Scheduled. Arranged for in advance for anticipated reasons, such as funerals, professional appointments, weddings, military, and personal business;

(2) Acceptable. Unscheduled, but caused by valid reasons such as illness, death in the family, or accidents;

(3) Unacceptable. Unscheduled and caused by reasons which are unacceptable to the Township;

(4) Chronic. Habitual, or patterns of absence or lateness, which presents problem to the work efforts of others and/or the organization;

(5) Medical, proof of illness. Written verification from a medical physician attesting to the employee's inability to report to work due to an illness or injury;

(6) Occasion. An "occasion" is defined as an absence of one or more days, due to non-work illness, separated by one or more days of work.

E. Attendance standards. In order to translate attendance standards into an effective working policy, the Township shall from time to time adopt guidelines relating to paid absences, as well as performance standards, on the number of acceptable absences within specified time period. The standards concerning absence at this time are as follows:

(1) After six occasions of absence without medical proof of illness in a six-month period, the employee should be counseled concerning attendance standards, issued an oral warning, and shall be required to submit medical proof of illness for each occasion of absence during the next six-month period;

(2) After 12 occasions of absence without medical proof of illness in a twelve-month period, the employee shall be counseled, issued a written warning, and placed on probation for 90 days;

(3) During the ninety-day probationary period, should the employee be absent more than three days without medical proof of illness, the employee shall be subject to termination.

§ 57-24 Periods.

All full-time employees of the Township shall be entitled to a one-hour lunch break with a specific time assigned permanently to each employee. In order that the public may be best served, all lunch breaks must be scheduled and completed between 11:30 a.m. and 2 p.m. All lunch breaks for nonexempt employees shall be recorded on time cards. No employee may work through their lunch hour in order to leave early.[1]

[1] Editor's Note: Original Section 2.108.380 of the 2002 Code, Sexual and other unlawful harassment, Section 2.108.390, Computer, copy and fax machine usage, and Section 2.108.400, Alcohol and drug use, which immediately followed this section, were repealed 12-8-2011.

§ 57-25 Use of equipment and vehicles.

A. Equipment and vehicles essential in accomplishing job duties are expensive and may be difficult to replace. When using equipment and vehicles owned or leased by the municipality, employees are expected to exercise care, perform required maintenance, and follow all operating instructions, safety standards, and guidelines. The use of Township equipment and vehicles for personal purposes is strictly prohibited.

B. Supervisors, department heads, and/or the Committee member in charge of the Department are to be notified if any equipment, machines, tools, or vehicles are damaged by an employee or appear to be damaged, defective, or in need of repair upon assignment to an employee. Prompt reporting of damages, defects, and the need for repairs could prevent deterioration of equipment and possible injury to employees or others. The supervisor can answer any questions about an employee's responsibility for maintenance and care of equipment or vehicles used on the job.

C. Employees may only operate equipment and/or vehicles for which they are validly licensed. Any employee who operates any equipment and/or vehicles, who is not currently validly licensed to operate such equipment/vehicle, shall be subject to discipline, which may include termination of employment.

D. The improper, careless, negligent, destructive, or unsafe use or operation of equipment or vehicles, failure to promptly report damaged or lost tools and equipment, as well as avoidable traffic and parking violations, can result in disciplinary action, up to and including termination of employment.

§ 57-26 Smoking.

In keeping with the Township's intent to provide a safe and healthy work environment, smoking is prohibited in all buildings the workplace. This policy applies equally to all employees, customers and visitors.

§ 57-27 Office condition.

A. Nothing shall be placed on the walls in an office unless in a frame. Any other items should be placed on a corkboard. Exceptions to this policy may be made by the Mayor on a case-by-case basis.

B. Offices having counters shall have nothing taped to those counters. Temporary information may be stacked on counters or may be placed in a display holders accordingly. Directional or other information of the type explained above may be placed only upon approval of the Mayor.

C. Personal items, such as family pictures and cartoons, are to be kept at a minimum. Such items should only be visible to the employee as the employee sits at their desk. There shall be no obscene or offensive cartoons or materials of any kind within any municipal facilities. Items determined to be offensive by the Committee member in charge shall be removed immediately. Any joke material or cartoon items are considered personal items.

D. At the end of the workday, all papers and files must be neatly stacked on the desk or placed in appropriate files.

E. No one shall eat lunch at his or her desk except under special and/or unusual circumstances. Having coffee or an occasional snack is acceptable.

F. This policy shall apply to all employees within municipal offices, exclusive of the Police Department, and shall include public works, community center and welfare office.

§ 57-28 Dress code.

Employees of the Township, whose duties are limited to the municipal building, shall maintain their dress and appearance in accordance with generally accepted contemporary standards. Typically, dress is expected to be in normal business attire relative to their position. Under no circumstances are sweat pants, sweatshirts, T-shirts, jeans, etc. considered "normal business attire."[1]

[1] Editor's Note: Original Section 2.108.450 of the 2002 Code, Progressive discipline, which immediately followed this section, was repealed 12-8-2011.

§ 57-29 Employment termination.

A. Termination of employment is an inevitable part of personnel activity within any organization, and many of the reasons for termination are routine. Below are examples of some of the most common circumstances under which employment is terminated:

(1) Resignation. Voluntary employment termination initiated by an employee;

(2) Discharge. Involuntary employment termination initiated by the municipality;

(3) Layoff. Involuntary employment termination initiated by the municipality for nondisciplinary reasons;

(4) Retirement. Voluntary employment termination initiated by the employee meeting age, length of service, and any other criteria for retirement from the organization.

B. Since employment with the Township is based on mutual consent, both the employee and the municipality have the right to terminate employment at will, with or without cause, at any time unless otherwise specified by contractual agreement. In addition, a limited number of department heads have tenure or other statutory rights which would apply to their employment.