The Township of Ocean is committed to the principle of equal
employment opportunity and anti-discrimination pursuant to Title VII
of the 1964 Civil Rights Act as amended by the Equal Opportunity Act
of 1972 and the New Jersey Law Against Discrimination as amended by
the New Jersey Pregnant Worker's Fairness Act (LAD). Under no circumstances
will the Township of Ocean discriminate on the basis of sex, race,
creed, color, 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),
pregnancy (including pregnancy related medical condition), childbirth,
liability for service in the United States Armed Forces, gender identity
or expression, and/or any other characteristic protected by law. Decisions
regarding the 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
they have been treated unfairly, they have the right to address their
concern with their supervisor, or if they prefer their department
head, Administrator/Municipal Clerk, or the Township Attorney.
A.Â
In compliance with the Americans with Disabilities Act, the ADA Amendments
Act and the New Jersey Law Against Discrimination as amended by the
New Jersey Pregnant Worker's Fairness Act (LAD), the Township of Ocean
does not discriminate based on disability, pregnancy, pregnancy-related
medical condition or childbirth. The Township of Ocean will endeavor
to make every work environment handicap accessible 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.Â
It is the policy of the Township of Ocean to comply with all relevant
and applicable provisions of the Americans with Disabilities Act,
the ADA Amendments Act and LAD. 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,
pregnancy, childbirth or pregnancy-related medical condition. We will
also make reasonable accommodations to known physical or mental limitations
of all employees and applicants with disabilities or pregnant, 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 Township of Ocean.
C.Â
The Administrator/Municipal Clerk shall engage in an interactive
dialogue with disabled/pregnant employees and prospective disabled/pregnant
employees to identify reasonable accommodations or their respective
physician. All decisions with regard to reasonable accommodation shall
be made by the Administrator/Municipal Clerk. 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 Township of Ocean to offer permanent "light duty," relocate
essential job functions, or provide personal use items such as eyeglasses,
hearing aids, wheelchairs, etc.
D.Â
Employees should also offer assistance, to the extent possible, to
any member of the public who requests or needs an accommodation when
visiting Township of Ocean facilities. Any questions concerning proper
assistance should be directed to Administrator/Municipal Clerk.
A.Â
The Township of Ocean encourages employees with contagious diseases
or life-threatening illnesses to continue their normal pursuits, including
work, to the extent allowed by their condition. The Township of Ocean
shall make reasonable accommodations to known physical and mental
limitations of all employees, 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 an unreasonable
hardship on the Township of Ocean.
B.Â
The Township of Ocean will take reasonable precautions to protect
such information from inappropriate disclosure, including the following:
(1)Â
Medical information may be disclosed with the prior written informed
consent of the person who is the subject of the information.
(2)Â
Information may be disclosed without the prior written consent to
qualified individuals for the purpose of conducting management audits,
financial audits, and program evaluations, but these individuals shall
not identify, either directly or indirectly, the person who is the
subject of the record in a report or evaluation, or otherwise disclose
the person's identity in any manner. Information shall not be released
to these individuals unless it is vital to the audit or evaluation.
(3)Â
Information may be disclosed to the Department of Health as required
by state or federal law.
C.Â
Managers and other employees have a responsibility to maintain the
confidentiality of employee medical information. Anyone inappropriately
disclosing such information shall be subject to disciplinary action.
A.Â
The Township of Ocean will provide a safe and healthy work environment
and shall comply with the Public Employees Occupational Safety and
Health Act (PEOSHA). The Township of Ocean 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 Township of Ocean facilities,
equipment or motor vehicles must also be immediately reported to the
supervisor or department head.
B.Â
The Township of Ocean 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.
A.Â
The Township of Ocean recognizes that the possession or use of unlawful
drugs and the abuse of alcohol pose a threat to the health and safety
of all employees. Any employee who is observed by a supervisor or
department head to be intoxicated or under the influence of alcohol
or drugs during working hours or is under reasonable suspicion of
same shall be immediately tested and is subject to discipline up to
and including termination. The supervisor or department head will
immediately report any reasonable suspicions to the Administrator/Municipal
Clerk.
B.Â
An employee will be required to submit to alcohol, drug or controlled
substance testing when the employee's work performance causes a reasonable
suspicion that that employee is impaired due to current intoxication,
drug or controlled substance use, or in cases where employment has
been conditioned upon remaining alcohol, drug, or controlled dangerous
substance free following treatment. Refusal to submit to testing when
requested may result in immediate disciplinary action, including termination.
Supervisors or department heads that observe behavior constituting
reasonable suspicion are required to institute testing and do not
have the option of sending the employee home as an alternative.
C.Â
The manufacturing, distribution, dispensation, possession, and use
of alcohol or unlawful drugs on Township of Ocean premises or during
work hours by employees is strictly prohibited.
D.Â
Employees must notify their supervisor within five days of conviction
for a drug or alcohol related violation, whether or not the violation
occurred in the workplace.
E.Â
Employees who are required to maintain a commercial driver's license
(CDL) are subject to random drug testing as required by the federal
government.
F.Â
Township of Ocean personnel who hold a commercial driver's license
(CDL) are subject to the provisions of the Commercial Driver's Licenses
Drug and Alcohol Testing Policy. A program to assist employees who
may have a drug/alcohol problem is provided through the Township of
Ocean's Employee Assistance Program.
G.Â
No prescription drug should be used by any person other than the
individual to whom it is prescribed. Such substances or non-prescription
(over-the-counter) drugs should be used only as prescribed or indicated.
Employees are prohibited from consuming prescription drugs that are
not prescribed in their name on Township of Ocean property or while
performing Township of Ocean business. Soliciting or distributing
prescription drugs for or to other employees is also strictly prohibited.
A.Â
The Township of Ocean 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 Township of Ocean property,
at Township of Ocean events or under other circumstances that may
negatively affect the Township of Ocean's ability to conduct business.
B.Â
Prohibited conduct includes:
(1)Â
Causing physical injury to another person;
(2)Â
Making threatening remarks;
(3)Â
Aggressive, hostile, or bullying behavior that creates a reasonable
fear of injury to another person or subjects another individual to
emotional distress;
(4)Â
Intentionally damaging employer property or property of another employee;
(5)Â
Possession of a weapon while on Township of Ocean property or while
on Township of Ocean business except with the authority of the Police
Chief; and
(6)Â
Committing acts motivated by, or related to, sexual harassment or
domestic violence.
C.Â
Any potentially dangerous situations must be immediately reported.
The Township of Ocean will actively intervene in any potentially hostile
or violent situation.
A.Â
It is the Township of Ocean 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,
creed, color, 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 non-employees 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.
C.Â
Harassment of any employees, in connection with their work, by non-employees
may also be a violation of this policy. Any employee who experiences
harassment by a non-employee, or who observes harassment of an employee
by a non-employee should report such harassment to the supervisor.
Appropriate action will be taken against any non-employee.
D.Â
Notification of appropriate personnel of any harassment problem is
essential to the success of this policy and the Township of Ocean
generally. The Township of Ocean cannot resolve a harassment problem
unless it knows about it. Therefore, it is the responsibility of all
employees to bring those kinds of problems to attention of the appropriate
officials so that steps are taken to correct them.
E.Â
Violation of this harassment policy will subject employees to disciplinary
action, up to and including immediate discharge.
A.Â
It is the Township of Ocean policy to prohibit sexual harassment
of an employee by another employee, management representative, supplier,
volunteer, or business invitee. The Township of Ocean prohibits sexual
harassment from occurring in the workplace or at any other location
at which Township of Ocean sponsored activity takes place. Sexual
harassment of non-employees by our employees is also prohibited. The
purpose of this policy is not to regulate personal morality or to
encroach upon one's personal life, but to demonstrate a strong commitment
to maintaining a workplace free of sexual harassment.
B.Â
Unwelcome sexual advances, requests for sexual favors and other verbal,
physical or visual conduct of a sexual nature constitute harassment
when:
(1)Â
Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment;
(2)Â
Submission to or rejection of such conduct by an individual is used
as the basis for an employment decision affecting the individual;
or
(3)Â
Such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
hostile or offensive work environment.
C.Â
Regarding unwelcome sexual advances toward non-employees, requests
for sexual favors and other verbal, physical or visual conduct of
a sexual nature constitute harassment when:
(1)Â
Submission to such conduct is made either explicitly or implicitly
in exchange for a benefit;
(2)Â
Submission to or rejection of such conduct by an individual is used
as the basis for a decision affecting the individual; or
(3)Â
Such conduct has the purpose or effect of unreasonably interfering
with an individual's activities or creating an intimidating, hostile
or offensive environment.
D.Â
Sexual harassment may include unwanted sexual advances; offering
employment benefits in exchange for sexual favors; visual conduct
(leering, making sexual gestures, displaying of sexually suggestive
objects or pictures, cartoons or posters); verbal sexual advances,
propositions or requests; verbal abuse of a sexual nature; graphic
verbal commentaries about an individual's body; sexually degrading
words used to describe an individual; suggestive or obscene letters,
caricatures or representations of persons using electronically or
physically altered photos, drawings, or images; notes or invitations;
and/or physical conduct (touching, assault, impeding or blocking movements).
F.Â
Harassment of Township of Ocean employees, in connection with their
work, by non-employees may also be a violation of this policy. Any
employee who experiences harassment by a non-employee, or who observes
harassment of an employee by a non-employee should report such harassment
to their supervisor. Appropriate action will be taken against any
non-employee.
G.Â
Notification by employee to appropriate personnel of any harassment
problem is essential to the success of this policy and the Township
of Ocean generally. The Township of Ocean cannot resolve a harassment
problem unless it is reported. Therefore, it is the responsibility
of all employees to bring those kinds of problems to the attention
of management so that steps are necessary to correct them.
H.Â
Violation of this sexual harassment policy will subject employees
to disciplinary action, up to and including immediate discharge.
A.Â
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 without fear of retaliation
or reprisal. 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, read, and understood 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.Â
The Township of Ocean shall not take any retaliatory action or tolerate
any reprisal against an employee for any of the following:
(1)Â
Disclosing or threatening to disclose to a supervisor, department
head, the Administrator/Municipal Clerk, 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)Â
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)Â
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.Â
In accordance with the statute, the employee must bring the violation
to the attention of the Township of Ocean. However, disclosure is
not required where: 1) the employee is reasonably certain that the
violation is known to one or more officials; 2) where the employee
reasonably fears physical harm; or 3) the situation is emergency in
nature. Employees are encouraged to complain in writing using the
Employee Complaint Form.[1] See Employee Complaint Policy.[2] Under the law, the employee must give the Township of
Ocean 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.[3]
A.Â
Employees who observe actions they believe to constitute harassment,
sexual harassment, or any other workplace wrongdoing should immediately
report the matter to their supervisor, or, if they prefer, or do not
think that the matter can be discussed with their supervisor, they
should contact the department head, the Administrator/Municipal Clerk,
or the Township Attorney. Reporting of such incidents is encouraged
both when an employee feels that he and she is subject to such incidents,
or observes such incidents in reference to other employees. Employees
should report incidents in writing using the Employee Complaint Form,[1] but may make a verbal complaint at their discretion. If
the employee has any questions about what constitutes harassment,
sexual harassment, or any other workplace wrongdoing, they may ask
their supervisor or one of the individuals listed above. All reports
of harassment, sexual harassment, or other wrongdoing will be promptly
investigated by a person who is not involved in the alleged harassment
or wrongdoing.
[1]
Editor's Note: The Employee Complaint Form is included as an attachment to this chapter.
B.Â
No employee will be penalized in any way for reporting a complaint.
There will be no discrimination or retaliation against any individual
who files a good-faith harassment complaint, even if the investigation
produces insufficient evidence to support the complaint, and even
if the charges cannot be proven. There will be no discrimination or
retaliation against any other individual who participates in the investigation
of a complaint.
C.Â
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 an incident.
A.Â
A grievance is any formal dispute concerning the interpretation,
application and enforcement of any personnel policy or procedure of
the Township of Ocean. Grievances from union employees will be handled
pursuant to the terms of the applicable bargaining unit agreement.
All grievances from non-union employees must be presented within five
working days after arising and failure to report a grievance within
such time shall be deemed as a waiver of the grievance. In the event
of a settlement or ruling that results in a determination of monetary
liability, such liability shall not exceed more than 30 working days
prior to the date the grievance was first presented in writing.
(1)Â
Step One: Any employee or group of employees with a grievance shall
verbally communicate the grievance to the supervisor or department
head who will discuss the matter with the Administrator/Municipal
Clerk and the Township Attorney. The supervisor or department head
will communicate the decision to the employee within two working days.
(2)Â
Step Two: If the employee is not satisfied with the decision, the
employee must submit a written grievance to the Administrator/Municipal
Clerk detailing the facts and the relief requested. The decision in
step one will be deemed final if the employee fails to submit a written
grievance within five days working days of the step one decision.
After consulting the Administrator/Municipal Clerk and the Township
Attorney as appropriate, the Administrator/Municipal Clerk will render
a written decision to the employee within five working days after
receipt of the written grievance.
B.Â
These limitations do not apply to employee complaints made under
the General Anti-Harassment Policy, the Anti-Sexual Harassment Policy
or the Whistle Blower Policy.
A.Â
The official personnel file for each employee shall be maintained
by the Municipal Clerk. Personnel files are confidential records that
must be secured in a locked cabinet and will only be available to
authorized managerial and supervisory personnel on a need-to-know
basis. Records relating to any medical condition will be maintained
in a separate file. Electronic personnel and medical records must
be protected from unauthorized access.
B.Â
Upon request, employees may inspect their own personnel files at
a mutually agreeable time on the Township of Ocean premises in the
presence of the Municipal Clerk or a designated supervisor. The employee
will be entitled to see any records used to determine his or her qualification
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.
C.Â
Personnel files do not contain confidential employee medical information.
Any such information that the Township of Ocean 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.
D.Â
The Township of Ocean endeavors to maintain the privacy of personnel
records. There are limited circumstances in which the Township of
Ocean will release information contained in personnel or medical records
to persons outside the Township of Ocean. These circumstances include:
(1)Â
In response to a valid subpoena, court order or order of an authorized
administrative agency;
(2)Â
To an authorized governmental agency as part of an investigation
of the Township of Ocean compliance with applicable law;
(3)Â
To the Township of Ocean agents and attorneys, when necessary;
(4)Â
In a lawsuit, administrative proceeding, grievance or arbitration
in which the employee and the Township of Ocean are parties;
(5)Â
In a workers' compensation proceeding;
(6)Â
To administer benefit plans;
(7)Â
To an authorized health care provider;
(8)Â
To first aid or safety personnel, when necessary; and
A.Â
Employees including Township of Ocean officials must conduct business
according to the highest ethical standards of public service. Employees
are expected to devote their best efforts to the interests of the
Township of Ocean.
B.Â
The Township of Ocean recognizes the right of employees to engage
in outside activities that are private nature and unrelated to Township
of Ocean business. However, business dealings that appear to create
a conflict between the employee and the Township of Ocean's interests
are unlawful under the New Jersey Local Government Ethics Act. Under
the Act, certain employees and officials are required to annually
file with the Township of Ocean Clerk a state-mandated disclosure
form. The Township of Ocean Municipal Clerk will notify employees
and Township of Ocean officials subject to the filing requirements
of the Act.
C.Â
A potential or actual conflict of interest occurs whenever an employee
including a Township of Ocean official is in a position to influence
a Township of Ocean 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, grandparents, daughter-in-law,
son-in-law, grandchildren, 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
Township of Ocean 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 Administrator
or the Township Attorney to obtain clarification.
D.Â
Reference Code of Township of Ocean § 57-5. Employees may hold outside jobs as long as they meet the performance
standards of their job with the Township. All employees will be judged
by the same performance standards and will be subject to the Township's
scheduling demands, regardless of any existing or future outside work
requirements.
(1)Â
If the Township determines that an employee's outside work interferes
with their performance or their ability to meet requirements of the
Township as they are modified from time to time, the employee may
be asked to terminate the outside employment if he or she wishes to
remain with the Township.
(2)Â
Employees are prohibited from engaging in outside employment activities
while on the job or using Township of Ocean time, supplies or equipment
in the outside employment activities. The Township of Ocean may request
employees to restrict outside employment if the quality of Township
of Ocean work diminishes. Any employees who holds an interest in,
or is employed by, any business doing business with the Township of
Ocean must submit a written notice of these outside interests to the
Township of Ocean.
E.Â
Employees may not accept donations, gratuities, contributions or
gifts that could be interpreted to affect their Township of Ocean
duties. Under no circumstances may they accept donations, gratuities,
contributions or gifts from a vendor doing business with or seeking
to do business with the Township of Ocean or any person or firm seeking
to influence Township of Ocean decisions.
F.Â
Meals and other entertainment valued in excess of $250 are also prohibited.
Employees are required to report to the Administrator/Municipal Clerk
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 Township of Ocean time, supplies or equipment
in any political activity. Any violation of this policy must be reported
to the supervisor, department head, Administrator/Municipal Clerk,
or the Township Attorney.
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, educational courses completed as well as a plan to correct
any weak points using the Employee Counseling Form[1] After completing the evaluation, the supervisor or department
head will review the results with the employee and return the form(s)
with the signed acknowledgement to the Administrator. After review
the form(s) are to be forwarded to the Municipal Clerk for inclusion
in the employee's official personnel file. As a part of the evaluation,
employees have the right to request a conference with the Administrator/Municipal
Clerk or Township Attorney.
[1]
Editor's Note: Said form is included as an attachment to this chapter.
A.Â
An employee may be subject to discipline for any of the following
reasons:
(1)Â
Falsification of public records, including attendance and other personnel
records.
(3)Â
Harassment of coworkers and/or volunteers and/or visitors.
(4)Â
Theft or attempted theft of property belonging to the Township of
Ocean, fellow employees, volunteers or visitors.
(5)Â
Failure to report to work day or days prior to or following a vacation,
holiday and/or leave, and/or any other unauthorized day of absence.
(6)Â
Fighting on Township of Ocean property at any time.
(7)Â
Being under the influence of intoxicants (e.g., liquor) or illegal
drugs (e.g., cocaine or marijuana) on Township of Ocean property and
at any time during work hours.
(8)Â
Possession, sale, transfer or use of intoxicants or illegal drugs
on Township of Ocean property and at any time during work hours.
(9)Â
Insubordination.
(10)Â
Entering the building without permission during non-scheduled
work hours.
(11)Â
Careless waste of materials or abuse of tools, equipment or
supplies. Reference Code of Township of Ocean § 57-25.
(12)Â
Deliberate destruction or damage to Township of Ocean or suppliers'
property.
(13)Â
Sleeping on the job.
(14)Â
Carrying weapons of any kind on Township of Ocean premises and/or
during work hours, unless carrying a weapon is a function of your
job duties.
(15)Â
Violation of established safety and fire regulations.
(16)Â
Unscheduled absence, and chronic or excessive absence. Reference Code of Township of Ocean § 57-22.
(18)Â
Unauthorized absence from work area, and/or roaming or loitering
on the premises, during scheduled work hours. Reference Code of Township of Ocean § 57-22.
(19)Â
Defacing walls, bulletin boards or any other Township of Ocean
or supplier property.
(20)Â
Failure to perform duties, inefficiency or substandard performance.
(21)Â
Gambling on Township of Ocean premises.
(22)Â
Deliberate delay or restriction of your work effort, and/or
incitement of others to delay or restrict their work effort.
(23)Â
Conviction of a crime or disorderly persons offense.
(24)Â
Violating any Township of Ocean rules or policies.
(25)Â
Conduct unbecoming a public employee.
(26)Â
Violation of Township of Ocean policies, procedures and regulations.
(27)Â
Violation of federal, state or Township of Ocean laws, rules,
or regulations concerning drug and alcohol use and possession.
(28)Â
Misuse of public property, including motor vehicles. Reference Code of Township of Ocean § 57-25.
(29)Â
Unauthorized use of computers, Internet, and email.
(30)Â
Other sufficient cause.
B.Â
Major disciplinary action includes termination, disciplinary demotion
or suspension or fine exceeding five working days. Minor discipline
includes a formal, written reprimand or a suspension or fine of five
working days or less. Employees who object to the terms or conditions
of the discipline are entitled to a hearing under the applicable grievance
procedure. In every case involving employee discipline, employees
will be provided with an opportunity to respond to charges either
verbally or in writing.
C.Â
In cases of employee misconduct, the Township of Ocean believes in
corrective action for the purpose of correcting undesirable behavior
and preventing a recurrence of that behavior. The corrective action
taken will be related to the gravity of the situation, the number
and kind of previous infractions and other circumstances. In every
case, employees will be given an opportunity to state the situation
from their point of view.
D.Â
In order to correct undesirable behavior, supervisors and managers
may utilize the following corrective tools: verbal reprimand; Township
of Ocean review; written reprimand; suspension; fines, and dismissal.
At the discretion of Township of Ocean, action may begin at any step,
and/or certain steps may be repeated or by-passed, depending on the
severity and nature of the infraction and the employee's work/disciplinary
record.
E.Â
Neither this manual nor any other Township of Ocean guidelines, policies
or practices create an employment contract. Employment with Township
of Ocean may be terminated at any time with or without cause or reason
by the employee or Township of Ocean.
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 co-employees by providing information concerning their current
projects and help in the training of a replacement. The Municipal
Clerk 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 official personnel file.
Reference Code of Township of Ocean § 57-29. The Township of Ocean may institute layoff actions for economy,
efficiency or other related reasons, but will first consider voluntary
alternatives. Seniority, lateral or other re-employment rights for
employees will be determined by the Township of Ocean Committee.
A.Â
Any employee whose work requires that the operation of Township of
Ocean vehicles must hold a valid New Jersey State driver's license.
B.Â
All new employees who will be assigned work entailing the operating
of a Township of Ocean vehicle will be required to submit to a Department
of Motor Vehicles driving records check as a condition of employment.
A report indicating a suspended or revoked license status may be cause
to deny or terminate employment.
C.Â
Periodic checks of employee's drivers' licenses through visual and
formal Department of Motor Vehicles review checks shall be made by
department heads or Division Supervisors. Any employee who does not
hold a valid driver's license will not be allowed to operate a Township
of Ocean vehicle until such time as a valid license is obtained.
D.Â
Any employee performing work which requires the operation of a Township
of Ocean 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. An employee who fails to
immediately report such revocation or suspension to their supervisor
and continues to operate a Township of Ocean vehicle shall be subject
to possible termination.
E.Â
Any information obtained by the Township of Ocean in accordance with
this section shall be used by the Township of Ocean 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.).