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Union City, NJ
Hudson County
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Table of Contents
Table of Contents
Code
New Laws (164) Index Notes (1)
Public Documents
Agendas (35)
A. 
Classification of employees. The New Jersey Civil Service Commission has made a survey of all municipal officers and employees, covering the duties, salaries and respective departments of the employees of the City and has submitted to the Board of Commissioners three separate and distinct schedules.
B. 
Schedules adopted. The classes of positions and the duties assigned thereto, as set forth in the three schedules referred to above and incorporated herein by reference, are hereby created and adopted.
(1) 
Schedule 1.
(a) 
Schedule 1, as amended, modified and supplemented, shall be a complete list of the employees of the City, giving the class and jurisdiction, service and division to which the position occupied by each employee has been allocated, and salaries to be paid.
(b) 
Schedule 1 is hereby made a part of this section and is incorporated herein by reference as though set forth at length. The schedule shall be filed with the City Clerk and kept on file for the use and examination of the public.
(2) 
Schedule 2. Schedule 2 shall be comprised of class specifications, in alphabetical order, including definitions, examples of work, education and experience requirements, and knowledge and abilities.
(3) 
Schedule 3. Schedule 3 shall contain the following:
(a) 
An alphabetical list of titles of full-time positions in the classified service, with divisional classifications.
(b) 
An alphabetical list of titles of part-time positions in the classified service, with divisional classifications.
(c) 
A schematic list of titles of full-time positions in the classified service, with divisional classifications.
(d) 
An alphabetical list of titles in the unclassified service, with the statutory or other provisions placing the positions in the unclassified service.[1]
[1]
Editor's Note: An original section titled "Residency requirements," which immediately followed this section, was repealed 5-21-2013.
A. 
Prohibited. No Commissioner shall hire any person(s) who is related to such Commissioner to work in his/her department, nor shall any such relative, as defined in Subsection B, be assigned to work under the direction or supervision, direct or otherwise, of such related Commissioner.
B. 
Related defined. Persons deemed related shall include all members of the related family, including spouse, children, parents, brothers, sisters, direct line aunts and uncles, nieces and nephews, grandparents, grandchildren and in-laws by reason or relation to any of the above.
C. 
Purpose. It is the purpose of this section to eliminate the potential for preferential treatment of relatives of the appointing authority, not to deprive any citizen of any equal opportunity for employment with the City.
D. 
Exceptions.
(1) 
Nonpaying positions. This subsection shall not preclude the appointment of any relative to any nonpaying appointed position.
(2) 
Existing employees. This subsection shall not affect the existing rights of any employee as of December 3, 1986, nor deprive any employee of any promotional rights in his/her normal career development.
(3) 
Civil service. This subsection shall not affect the rights of any employee, or a potential employee, who appears on a present civil service list for promotion or appointment existing as of December 3, 1986. This exception does not apply to provisional or unclassified appointments.
A. 
General policy. The City of Union City has a strong commitment to provide a work environment free from unlawful harassment based on sex, race, color, religion, national origin, age, disability, ancestry, atypical hereditary cellular or blood trait (AHCBT), liability for service in the Armed Forces of the United States, creed, handicap, marital status, nationality, genetic information, refusal to submit to genetic testing, refusal to provide genetic information or race of that person or of that person's spouse, partners, members, stockholders, directors, officers, managers, superintendents, agents, employees, business associates, suppliers or customers (collectively the "protected classifications"). The City will not tolerate unlawful harassment. Acts or incidents of unlawful harassment should be promptly reported in accordance with the procedures outlined below. The City will promptly investigate all reports of unlawful harassment. Employees who violate this policy will be subject to disciplinary action up to and including discharge from employment. Employees who violate this policy also risk personal legal liability.
B. 
Violations. Conduct that may violate this policy and result in disciplinary actions includes the following:
(1) 
Unwelcome remarks and actions based on the protected classifications. This may include, but is not limited to, inappropriate jokes, comments or posted materials.
(2) 
Threats or suggestions that an employee's employment work status will be adversely affected based upon the protected classifications.
(3) 
Affecting or denying employment opportunities or benefits to an employee based upon the protected classifications.
(4) 
Engaging in a negative tangible employment action based upon the protected classifications.
(5) 
Retaliation against an employee who has reported any alleged violation of this policy or participated in an investigation related to this policy.
C. 
Sexual harassment.
(1) 
Definition. Sexual harassment is defined as any unwelcome advance or request for sexual favors or any conduct of a sexual nature where:
(a) 
Submission is made explicitly or implicitly a term or condition of employment;
(b) 
Submission or rejection is used or is threatened to be used as the basis of employment decisions; or
(c) 
Such conduct has the purpose or effect of substantially interfering with an individual's work or creates an intimidating, hostile or offensive working environment.
(2) 
Difference from sexual attraction or flirtation. Sexual harassment is different from sexual attraction or flirtation. Sexual harassment is unwelcome sexual attention which is demeaning and causes the recipient distress. Sexual harassment does not refer to occasional compliments. However, comments or behavior which may be intended to be complimentary may be viewed by the recipient as unwelcome and a form of sexual harassment.
D. 
Care to be exercised by supervisors and managers. Special care must be exercised by supervisors and managers whose actions or remarks may be mistakenly perceived as unlawful harassment. The subordinate may feel inhibited and may not disclose the unwelcome actions or remarks by the supervisor or person of higher rank. However, unlawful harassment is not limited to employees of different rank.
E. 
Complaint; investigation.
(1) 
Complaint. Any employee or supervisor, male or female, who believes that (s)he is being subject to unlawful harassment or who has knowledge of a violation of this policy should report the incident or pattern of activity either orally or in writing to the Commissioner in charge of the department and to the Mayor. If the complaint involves a direct supervisor, the employee is not required to report the complaint to the direct supervisor. The complaint should then be made to the Mayor or to another Commissioner. Every effort will be made to make available to an employee reporting such an incident or pattern of activity an appropriate person with whom the employee will feel comfortable to discuss his/her concerns.
(2) 
Investigation. Once a complaint has been registered, a prompt and thorough investigation will proceed. After the complaint is investigated, an appropriate representative of the City will reply to the complaining party. If the City determines that unlawful harassment has occurred in violation of this policy, the City will undertake immediate and appropriate corrective action up to and including termination of employment.
A. 
Adoption. The City of Union City does hereby adopt the within grievance procedure for the handling of any grievance prohibited by the United States Department of Justice regulations implementing Title 2 of the Americans With Disabilities Act, hereinafter referred to as ADA.
B. 
Coordinator; appointment; term. The Mayor shall appoint an employee of the City to coordinate ADA compliance efforts, hereinafter referred to as the "ADA Coordinator," to serve for a term of one year.
C. 
Submission of grievance.
(1) 
Grievances alleging any action prohibited by the United States Department of Justice regulations implementing Title 2 of the ADA must be addressed to the individual designated by the Mayor as the ADA Coordinator. Grievances submitted to any other employee or agent of the City shall not be considered.
(2) 
A grievance may be filed in writing or verbally. The aggrieved party must provide his/her name and address and briefly describe the alleged violation of the regulations.
D. 
Filing time for grievance. A grievance shall be filed within 30 days after the grievant becomes aware of the alleged violation. Grievances in which the aggrieved party became aware of same before this within grievance procedure was in place must be filed with the ADA Coordinator within 90 days of March 19, 2002.
E. 
Responsibilities of the ADA Coordinator.
(1) 
Investigation of grievance. The ADA Coordinator shall promptly conduct an investigation as to the allegations. These rules contemplate informal but thorough investigations, affording all interested parties and their representatives, if any, an opportunity to submit evidence relevant to the grievance.
(2) 
Determination of investigation. A written determination as to the validity of the grievance and a description of action to be taken, if any, shall be issued by the ADA Coordinator and a copy forwarded to the grievant within 10 days after the filing of the grievance.
(3) 
Maintaining records. The ADA Coordinator shall maintain the files and records of the City relating to grievances filed.
F. 
Appeal of determination. The grievant can request a reconsideration of the case in instances where (s)he is dissatisfied with the determination of the ADA Coordinator. The request for reconsideration shall be made, in writing, within 10 days to the Board of Commissioners with a copy thereof being provided to the ADA Coordinator.
G. 
Rights of grievant.
(1) 
The right of a person to prompt and equitable determination of a grievance filed hereunder shall not impair the grievant's pursuit of other remedies such as the filing of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
(2) 
These rules shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards and to assure that the City complies with the ADA and implementing regulations.
H. 
Copies of grievance procedures posted. A copy of this grievance procedure, as well as a statement advising the name of the individual designated by the Mayor to be the ADA Coordinator, shall be posted in a conspicuous place in all public buildings which the City owns and operates.