A.
The intent of this article is to create a workplace environment for
City government that will not tolerate violence or incivility. Violent
acts or threats made by an employee, elected official or member of
the public against another person will be acted upon immediately and
with the full resources of the City. This includes any violence or
threat made on City property, at City events (including Council Meetings)
or under other circumstances that may negatively affect the City's
ability to conduct business.
B.
Prohibited conduct includes:
(1)
Causing physical injury to another person.
(2)
Making threatening remarks.
(3)
Name-calling, verbal taunts, heckling, hissing, booing, mocking and
similar activities.
(4)
Aggressive, hostile or bullying behavior that creates a reasonable
fear of injury to another person or subjects another individual to
emotional distress.
(5)
Intentionally damaging employer property or the property of another
employee.
(6)
Possession of a weapon while on City property or while on City business.
(7)
Committing acts motivated by, or related to, political retaliation
or workplace harassment.
C.
Any potentially dangerous situations must be reported. The City will
actively intervene in any hostile or violent situation.
D.
The need for mutual respect and the opportunity to work together
in a peaceful, mutually rewarding and efficient work environment provides
the foundations upon which these rules are established.
A.
It is important to remember that all City employees spend considerable
time together during the workday. It also must be remembered that
we represent the City when interacting with vendors and members of
the public. Therefore, it is incumbent upon all of us to be careful
in how we interact with co-workers, vendors and members of the public
and how they interact with us. What may be inoffensive language or
conduct to one person may be offensive to another. We all must be
aware of our actions and maintain a professional, respectful and courteous
demeanor at all times.
B.
Workplace harassment can range from verbal (oral, written or pictorial)
abuse or body language and gestures, which create an intimidating,
hostile or offensive working environment, to physical violence. Examples
of workplace harassment include teasing, bullying, racial, ethnic
or gender slurs and other derogatory remarks.
C.
In addition to preventing workplace harassment, the City is dedicated
to promoting professionalism, efficiency, productivity and cooperation
among its employees, elected officials and members of the public.
Therefore, the City requires the various stakeholders to be sensitive
to how we comport ourselves in the workplace and at public meetings.
Although the City cannot possibly provide an exhaustive list of impermissible
behavior, the following provides some examples for guidance:
(1)
Insubordination or failure to cooperate with fellow employees and/or
supervisors;
(2)
Loss of time by absence, tardiness or leaving assigned job without
supervisory approval;
(3)
Loss of material, tools, equipment or supplies occasioned by wasteful
practices or negligence;
(4)
Damaging or defacing the City's property or products;
(5)
Creating or contributing to unsanitary conditions;
(6)
Unauthorized use of materials, tools, equipment, vehicles or supplies;
(7)
Failure to comply with safety rules and regulations or engaging in
conduct that creates a safety or health hazard;
(8)
Horseplay, gambling or instigating or participating in a fight;
(9)
Vending, soliciting or distributing goods or printed matter for other
than charitable purposes;
(10)
Unsatisfactory performance;
(11)
Theft;
(12)
Falsifying/making a material omission on, or altering, the City's
records, time cards, report forms, application materials, etc.;
(13)
Intolerant, abusive, demeaning, prejudicial comments (including yelling)
and/or actions towards fellow employees, members of the public, elected
or appointed officials or any other person;
(14)
Using, processing or being under the influence of alcohol or unlawful
drugs while on duty, while on the City's property;
(15)
Bringing unauthorized firearms, explosives or other dangerous materials
on the City's property without explicit prior authorization by
the City;
(16)
Divulging confidential information to others without express authorization
by the City;
(17)
Violation of the City's security regulations;
(18)
Immoral conduct or indecency, including name-calling, verbal taunts,
heckling, hissing, booing, mocking and similar activities; and/or
(19)
Engaging in unlawful harassment of another person.
A.
Every City employee, including, but not limited to, all municipal,
police and fire personnel and elected and appointed officials, shall
participate in an anti-sexual harassment training program when authorized,
directed and made available by the Business Administrator.
B.
All new City employees and officials hired after the execution date
of this article shall participate in such an anti-sexual harassment
training program when authorized, directed and made available by the
Business Administrator.
C.
Every City employee, including, but not limited to, all municipal,
police and fire personnel and elected and appointed officials, shall
participate in an anti-sexual harassment training program every year
following his or her initial training session pursuant to this section.
D.
Every City employee shall submit a signed statement certifying his
or her participation in each training session pursuant to this section,
which statements shall be placed in his or her personnel file.
E.
The Office of the Corporation Council shall coordinate with the Business
Administrator to establish regular training sessions sufficient to
allow affected individuals to comply with this article.
F.
Any violation of this section may result in dismissal or other appropriate
lesser sanctions as determined by the Business Administrator with
the Mayor's consent.
A.
Every City employee, including, but not limited to, all municipal
employees, Police Department, Fire Department and elected and appointed
officials, shall participate in an ethics training program when authorized,
directed and made available by the Business Administrator.
B.
New City employees, including, but not limited to, all municipal
employees, Police Department, Fire Department and elected and appointed
officials, shall participate in such ethics training program when
authorized, directed and made available by the Business Administrator.
C.
Every City employee, including, but not limited to, all municipal
employees, Police Department, Fire Department and elected and appointed
officials, shall participate in an ethics training every year following
his or her initial training session pursuant to this section.
D.
Every City employee shall submit a signed statement certifying his
or her participation in each training session pursuant to this section,
which statements shall be placed in his or her personnel file.
E.
The Office of the Corporation Council shall coordinate with the Business
Administrator to establish regular training sessions sufficient to
allow affected individuals to comply with this section.
F.
Any violation of this article may result in dismissal or other appropriate
lesser sanctions as determined by the Business Administrator with
the Mayor's consent.
A.
Unless he or she obtains a waiver pursuant to the Business Administrator,
with the consent of the Mayor, no official or employee may appoint
or hire his or her spouse or domestic partner/civil union partner,
child or step-child, sibling or step-sibling, parent or member of
his or her household for employment, including by contract (unless
competitively bid), with the City.
B.
No official or employee may supervise or be in a direct line of supervision
over his or her spouse or domestic partner/civil union partner, child
or step-child, sibling or step-sibling, parent or member of his or
her household. If an official comes into a direct line of supervision
over one of these persons, he or she will have six months to come
into compliance or to obtain a waiver.
In accordance with N.J.S.A. 40A:10-23, the City shall only assume
the cost of a retiree's health benefits if the retiree has accrued
the requisite years of honorable service as determined by the Department
of Pensions. Starting immediately upon adoption of this section, with
regards to all new hires and employees already receiving City health
benefits, the City intends to follow any final determination of the
Department of Pensions in its eligibility review as to years of service
deemed dishonorable when determining employee eligibility for paid
City health benefits. Effective immediately, forfeiture of health
insurance/benefits for dishonorable service is hereby mandated if
the requisite years of honorable service fall below that mandated
in N.J.S.A. 40A:10-23.
[Added 2-3-2015 by Ord.
No. Z-331]
The City of Hoboken and its employees, agents, contractors and officers shall be required to follow an affirmative action policy, which shall be attached to this City of Hoboken Administrative Code Chapter 29, Article I, as Appendix A.[1]
[1]
Editor’s Note: Appendix A is on file in the City offices.
Unless complaint procedures, violation policies or penalties
are otherwise described within the sections of this article, the following
shall apply:
A.
Public meetings. Any person who comports him/herself in such a manner
which violates any section of this article shall be warned once to
cease and desist from such actions. If the person refuses or fails
to stop such activities, he/she shall be removed from the meeting
by the police and warned that future similar actions shall result
in the filing of a defiant trespass action.
B.
Employee at workplace. Any employee who believes he or she has been
subjected to offensive and/or insulting behavior by a co-worker, member
of the public, elected official, supervisor or vendor has the option
to directly inform the offending person that the conduct is offensive
and must stop.
[Amended 2-3-2015 by Ord.
No. Z-331]
(1)
If this direct communication with the offending person is not successful,
or if the employee subject to the offensive and/or insulting behavior
does not wish to utilize the option of direct communication, for any
reason, the employee should promptly report the incident(s) and the
names of the individuals involved to his or her supervisor or, in
the alternative, to the Business Administrator, who will investigate
all such claims and take appropriate corrective action, if any.
(2)
Confidentiality to the extent possible will be maintained, and no
reprisals or retaliation will result from the good faith reporting
of intolerant behavior.
C.
In determining whether the alleged conduct constitutes a violation
of this article, the totality of the circumstances, the nature of
the conduct and the context in which the alleged conduct occurred
will be investigated. Any employee found to have engaged in such impermissible
behavior shall be subject to sanctions, including, but not limited
to, warning, suspension or termination, subject to applicable procedure
requirements. Nonemployees, violating any section of this article
may be subject to removal from City property and/or prohibition from
appearing on City property or at City events.
D.
A violation of any provision of this article shall be considered
a violation of the City Code of Ethics and may subject the municipal
official employee or appointee to disciplinary action.
