The Township of Rochelle Park is committed to the principle
of equal employment opportunity and antidiscrimination 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,
and by the New Jersey Pregnant Worker's Fairness Act (LAD). Under
no circumstances will the Township 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,
breastfeeding, 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 administrator.
A.
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 Rochelle
Park does not discriminate based on disability, pregnancy, pregnancy-related
medical condition or childbirth. The Township of Rochelle Park 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.
It is the policy of the Township 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,breastfeeding 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 who
are 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 Rochelle Park.
C.
The Administrator shall engage in an interactive dialogue with disabled/pregnant
employees and prospective disabled/pregnant employees or their respective
physician to identify reasonable accommodations. In the case of an
employee breastfeeding her infant child, the accommodation shall include
reasonable break time each day to the employee and a suitable room
or other location with privacy, other than a toilet stall, in close
proximity to work area for the employee to express breast milk for
the child. All decisions with regard to reasonable accommodation shall
be made by the Administrator. 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 Rochelle Park to offer permanent light duty, relocate
essential job functions, or provide personal use items such as eyeglasses,
hearing aids, wheelchairs, etc.
D.
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 Rochelle Park facilities. Any questions concerning
proper assistance should be directed to the Administrator.
A.
The Township of Rochelle Park 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 Rochelle Park 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 Rochelle Park.
B.
The Township of Rochelle Park will take reasonable precautions to
protect such information from inappropriate disclosure, including
the following:
(1)
Medical information may be disclosed with the prior written informed
consent of the person who is the subject of the information.
(2)
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)
Information may be disclosed to the Department of Health as required
by state or federal law.
C.
Managers and other employees have a responsibility to maintain the
confidentially of employee medical information. Anyone inappropriately
disclosing such information shall be subject to disciplinary action.
A.
The Township of Rochelle Park will provide a safe and healthy work
environment and shall comply with the Public Employees Occupational
Safety and Health Act (PEOSHA). The Township of Rochelle Park 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 Rochelle
Park facilities, equipment or motor vehicles must also be immediately
reported to the supervisor or department head.
B.
The Township of Rochelle Park 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.
The Township will endeavor to bring employees with temporary disabilities
back on the job as soon as possible and may assign transitional duty
to employees who temporarily cannot perform the essential functions
of their positions because of injury or illness. Transitional duty
is not guaranteed and will not exceed 45 workdays. If a department
already has one employee on transitional duty, it is unlikely that
another employee from that department will be assigned transitional
duty.
B.
An employee requesting transitional duty or the workers compensation
physician shall notify the Administrator as soon as the temporarily
disabled employee is able to return to work with restrictions. Transitional
duty will only be assigned if the employee will probably be able to
perform the essential functions of the position after the transitional
duty period. The Administrator will consult with the department head
to determine if there is any meaningful work that can be performed
consistent with the restrictions. Transitional duty assignments may
be in any department and not just the employee's normal department.
The Administrator will decide if it is in the best interest of the
Township of Rochelle Park to approve a transitional duty request and
will notify the employee of the decision. The Township reserves the
right to terminate the transitional duty assignment at any time without
cause.
C.
Employees may not refuse transitional duty assignments that are recommended
by the workers compensation physician. In such cases, failure to report
to work as directed shall constitute immediate grounds for dismissal.
If the employee believes that the transitional duty assignment is
beyond the employee's abilities, the employee may request a meeting
with the Administrator who will render a written response within 24
hours.
D.
Employees on transitional duty will receive their regular salaries
and are prohibited from engaging in any outside employment of any
kind unless they receive prior written approval from the Administrator.
If transitional duty is approved, the employee or workers compensation
physician must keep the Administrator informed of the medical progress.
(Employees assigned to transitional duty will be allotted time off
to attend medical or physical therapy appointments but must request
leave time for any other reason. If, at the end of transitional duty
period the employee is not able to return to work without restrictions,
the Township of Rochelle Park reserves the right at its sole discretion
to extend the transitional duty or place the employee back on workers
compensation or disability. This policy does not affect an employee's
rights under the Americans with Disabilities Act, the Family and Medical
Leave Act, the Fair Labor Standards Act, the Contagious or Life Threatening
Illnesses Policy or other Federal or State law.
A.
The Township of Rochelle Park 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.
B.
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.
The manufacturing, distribution, dispensation, possession, and use
of alcohol or unlawful drugs on Township of Rochelle Park premises
or during work hours by employees is strictly prohibited.
D.
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.
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.
Employees using prescription drugs that may affect job performance
or safety must notify the Administrator who is required to maintain
the confidentiality of any information regarding an employee's medical
condition in accordance with the Health Insurance Portability and
Protection Act. Township of Rochelle Park 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 Rochelle Park's Employee Assistance Program. No prescription
drug should be used by any person other than the individual to whom
it is prescribed. Such substances or nonprescription (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 Rochelle Park property or while performing
Township of Rochelle Park business. Soliciting or distributing prescription
drugs for or to other employees is also strictly prohibited.
A.
The Township of Rochelle Park 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 Rochelle
Park property, at Township of Rochelle Park events or under other
circumstances that may negatively affect the Township of Rochelle
Park's ability to conduct business.
B.
Prohibited conduct includes:
(1)
Causing physical injury to another person;
(2)
Making threatening remarks;
(3)
Aggressive, hostile, or bullying behavior that creates a reasonable
fear of injury to another person or subjects another individual to
emotional distress;
(4)
Intentionally damaging employer property or property of another employee;
(5)
Possession of a weapon while on Township of Rochelle Park property
or while on Township of Rochelle Park business except with the authority
of the Police Chief; and
(6)
Committing acts motivated by, or related to, sexual harassment or
domestic violence.
C.
Any potentially dangerous situations must be immediately reported.
The Township of Rochelle Park will actively intervene in any potentially
hostile or violent situation.
A.
It is the Township of Rochelle Park 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 nonemployees 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.
Harassment of any employees, in connection with their work, by nonemployees
may also be a violation of this policy. Any employee who experiences
harassment by a nonemployee, or who observes harassment of an employee
by a nonemployee should report such harassment to the supervisor.
Appropriate action will be taken against any nonemployee.
D.
Notification of appropriate personnel of any harassment problem is
essential to the success of this policy and the Township of Rochelle
Park generally. The Township of Rochelle Park 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.
Violation of this harassment policy will subject employees to disciplinary
action, up to and including, immediate discharge.
A.
It is the Township of Rochelle Park's policy to prohibit sexual harassment
of an employee by another employee, management representative, supplier,
volunteer, or business invitee. The Township of Rochelle Park prohibits
sexual harassment from occurring in the workplace or at any other
location at which Township of Rochelle Park sponsored activity takes
place. Sexual harassment of nonemployees 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.
Unwelcome sexual advances, requests for sexual favors and other verbal,
physical or visual conduct of a sexual nature constitute harassment
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 an employment decision affecting the 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 work environment.
C.
Regarding unwelcome sexual advances toward nonemployees, requests
for sexual favors and other verbal, physical or visual conduct of
a sexual nature constitute harassment when:
(1)
Submission to such conduct is made either explicitly or implicitly
in exchange for a benefit;
(2)
Submission to or rejection of such conduct by an individual is used
as the basis for a decision affecting the individual; or
(3)
Such conduct has the purpose or effect of unreasonably interfering
with an individual's activities or creating an intimidating, hostile
or offensive environment.
D.
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.
Harassment of Township of Rochelle Park employees, in connection
with their work, by nonemployees may also be a violation of this policy.
Any employee who experiences harassment by a nonemployee, or who observes
harassment of an employee by a nonemployee should report such harassment
to their supervisor. Appropriate action will be taken against any
nonemployee.
G.
Notification by employee to appropriate personnel of any harassment
problem is essential to the success of this policy and the Township
of Rochelle Park generally. The Township of Rochelle Park 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.
Violation of this sexual harassment policy will subject employees
to disciplinary action, up to and including, immediate discharge.
A.
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.[1] All complaints will be taken seriously and promptly investigated.
B.
The Township of Rochelle Park shall not take any retaliatory action
or tolerate any reprisal against an employee for any of the following:
(1)
Disclosing or threatening to disclose to a supervisor, department
head, the Administrator, 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)
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)
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.
In accordance with the statute, the employee must bring the violation
to the attention of the Administrator. However, disclosure is not
required where the employee is reasonably certain that the violation
is known to one or more officials; the employee reasonably fears physical
harm; or the situation is emergent in nature. Employees are encouraged
to complain in writing using the Employee Complaint form.[2] See Employee Complaints § 27-17. Under the law, the employee must give the Township of Rochelle Park 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]
[2]
Editor's Note: Said form is included as an attachment to this chapter.
A.
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 and or the Administrator. Reporting
of such incidents is encouraged both when an employee feels that he
or 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, 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.
B.
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.
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.
A grievance is any formal dispute concerning the interpretation,
application and enforcement of any personnel policy or procedure of
the Township of Rochelle Park. Grievances from union employees will
be handled pursuant to the terms of the applicable bargaining unit
agreement. All grievances from nonunion employees must be presented
within five working dates 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 thirty
working days prior to the date the grievance was first presented in
writing.
(1)
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. The supervisor
or department head will communicate the decision to the employee within
two working days.
(2)
Step Two: If the employee is not satisfied with the decision, the
employee must submit a written grievance to the Administrator 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 he/she will render a written decision to the employee
within five working days after receipt of the written grievance.
A.
The official personnel file for each employee shall be maintained
by the Administrator. 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. Upon request, employees may
inspect their own personnel files at a mutually agreeable time on
the Township of Rochelle Park premises in the presence of the Administrator
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.
B.
Personnel files do not contain confidential employee medical information.
Any such information that the Township of Rochelle Park 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.
C.
The Township of Rochelle Park endeavors to maintain the privacy of
personnel records. There are limited circumstances in which the Township
of Rochelle Park will release information contained in personnel or
medical records to persons outside the Township of Rochelle Park.
These circumstances include:
(1)
In response to a valid subpoena, court order or order of an authorized
administrative agency;
(2)
To an authorized governmental agency as part of an investigation
of the Township of Rochelle Park's compliance with applicable law;
(3)
To the Township of Rochelle Park's agents and attorneys, when necessary;
(4)
In a lawsuit, administrative proceeding, grievance or arbitration
in which the employee and the Township of Rochelle Park are parties;
(5)
In a workers' compensation proceeding;
(6)
To administer benefit plans;
(7)
To an authorized health care provider;
(8)
To first aid or safety personnel, when necessary; and
A.
Employees including Township of Rochelle Park 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 Rochelle Park. Violations of this policy will result
in appropriate discipline including termination.
B.
The Township of Rochelle Park recognizes the right of employees to
engage in outside activities that are private nature and unrelated
to Township of Rochelle Park business. However, business dealings
that appear to create a conflict between the employee and the Township
of Rochelle Park'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 Rochelle Park Clerk
a state mandated disclosure form. The Township of Rochelle Park Clerk
will notify employees and Township of Rochelle Park officials subject
to the filing requirements of the Act.
C.
A potential or actual conflict of interest occurs whenever an employee
including a Township of Rochelle Park official is in a position to
influence a Township of Rochelle Park 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 Rochelle Park 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 to obtain clarification.
D.
Employees are allowed to hold outside employment as long as it does
not interfere with their Township of Rochelle Park responsibilities.
Employees are prohibited from engaging in outside employment activities
while on the job or using Township of Rochelle Park time, supplies
or equipment in the outside employment activities. The Administrator
may request employees to restrict outside employment if the quality
of Township of Rochelle Park work diminishes. Any employees who holds
an interest in, or is employed by, any business doing business with
the Township of Rochelle Park must submit a written notice of these
outside interests to the Administrator.
E.
Employees may not accept donations, gratuities, contributions or
gifts that could be interpreted to affect their Township of Rochelle
Park duties. Under no circumstances may an employee accept donations,
gratuities, contributions or gifts from a vendor doing business with
or seeking to do business with the Township of Rochelle Park or any
person or firm seeking to influence Township of Rochelle Park decisions.
Meals and other entertainment valued in excess of $100 are also prohibited.
Employees are required to report to the Administrator 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 Rochelle Park time, supplies or
equipment in any political activity. Any violation of this policy
must be reported to the supervisor, department head, Administrator
or the Township attorney.
The department head will complete a written evaluation and appraisal
form[1] 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.[2] 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
by the Administrator, the form(s) are to be forwarded to the Administrator
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.
[1]
Editor's Note: Said form is included as an attachment to this chapter.
[2]
Editor's Note: Said form is included as an attachment to this chapter.
A.
An employee may be subject to discipline for any of the following
reasons:
(1)
Falsification of public records, including attendance and other personnel
records.
(2)
Failure to report absence.
(3)
Harassment of coworkers and/or volunteers and/or visitors.
(4)
Theft or attempted theft of property belonging to the Township of
Rochelle Park, fellow employees, volunteers or visitors.
(5)
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)
Fighting on Township of Rochelle Park property at any time.
(7)
Being under the influence of intoxicants (e.g., liquor) or illegal
drugs (e.g., cocaine or marijuana) on Township of Rochelle Park property
and at any time during work hours.
(8)
Possession, sale, transfer or use of intoxicants or illegal drugs
on Township of Rochelle Park property and at any time during work
hours.
(9)
Insubordination.
(10)
Entering the building without permission during nonscheduled
work hours.
(11)
Soliciting on Township of Rochelle Park premises during work
time. This includes, but is not limited to, distribution of literature
or products or soliciting membership in fraternal, religious, social
or political organizations, and/or sales of products, such as those
from Avon, Amway, etc.
(12)
Careless waste of materials or abuse of tools, equipment or
supplies.
(13)
Deliberate destruction or damage to Township of Rochelle Park
or suppliers' property.
(14)
Sleeping on the job.
(15)
Carrying weapons of any kind on Township of Rochelle Park premises
and/or during work hours, unless carrying a weapon is a function of
your job duties.
(16)
Violation of established safety and fire regulations.
(17)
Unscheduled absence, and chronic or excessive absence.
(18)
Chronic tardiness.
(19)
Unauthorized absence from work area, and/or roaming or loitering
on the premises, during scheduled work hours.
(20)
Defacing walls, bulletin boards or any other Township of Rochelle
Park or supplier property.
(21)
Failure to perform duties, inefficiency or substandard performance.
(22)
Unauthorized disclosure of confidential Township of Rochelle
Park information.
(23)
Gambling on Township of Rochelle Park premises.
(24)
Horseplay, disorderly conduct and use of abusive and/or obscene
language on Township of Rochelle Park premises.
(25)
Deliberate delay or restriction of your work effort, and/or
incitement of others to delay or restrict their work effort.
(26)
Conviction of a crime or disorderly persons offense.
(27)
Violating any Township of Rochelle Park rules or policies.
(28)
Conduct unbecoming a public employee.
(29)
Violation of Township of Rochelle Park policies, procedures
and regulations.
(30)
Violation of federal, state or Township of Rochelle Park laws,
rules, or regulations concerning drug and alcohol use and possession.
(31)
Misuse of public property, including motor vehicles.
(32)
Unauthorized use of computers, Internet, and e-mail.
(33)
Other sufficient cause.
B.
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.
In cases of employee misconduct, the Township of Rochelle Park 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.
In order to correct undesirable behavior, supervisors and managers
may utilize the following corrective tools: verbal reprimand; Administrator
review; written reprimand; suspension; fines, and, dismissal. At the
discretion of Township of Rochelle Park, action may begin at any step,
and/or certain steps may be repeated or bypassed, depending on the
severity and nature of the infraction and the employee's work/disciplinary
record.
E.
Neither this manual nor any other Township of Rochelle Park guidelines,
policies or practices create an employment contract. Employment with
Township of Rochelle Park may be terminated at any time with or without
cause or reason by the employee or Township of Rochelle Park.
A.
An employee may be terminated depending upon the circumstances for
any of the following:
(1)
Incompetence, inefficiency or failure to perform duties;
(2)
Conviction of a crime;
(3)
Conduct unbecoming a public employee;
(4)
Violation of Township of Rochelle Park policies, procedures and regulations;
(5)
Falsification of public records including personnel records;
(6)
Violation of federal, state or Township of Rochelle Park regulations
concerning drug and alcohol use and or possession;
(7)
Chronic or excessive absenteeism or lateness;
(8)
Misuse of public property, including motor vehicles; and
(9)
Other sufficient cause.
B.
Major disciplinary action includes termination, disciplinary demotion
or suspension or fine exceeding five working days. Minor disciplinary
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.
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. During the last
two weeks, the employee may not use paid time off, except paid holidays.
The Department Head will prepare an employee action form[1] showing any pay or other money owed the employee. The
Administrator 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 the employee identification
card, 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.
[1]
Editor's Note: Said form is on file in the Township offices.
The Township of Rochelle Park may institute layoff actions for
economy, efficiency or other related reasons, but will first consider
voluntary alternatives. Seniority, lateral or other reemployment rights
for employees will be determined by the Administrator.
A.
Any employee whose work requires that the operation of Township of
Rochelle Park vehicles must hold a valid New Jersey State driver's
license.
B.
All new employees who will be assigned work entailing the operating
of a Township of Rochelle Park 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.
Periodic checks of employee's driver's 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 Rochelle Park vehicle until such time as a valid license is obtained.
D.
Any employee performing work which requires the operation of a Township
of Rochelle Park 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 Rochelle
Park vehicle shall be subject to possible termination.
E.
Any information obtained by the Township of Rochelle Park in accordance
with this section shall be used by the Township of Rochelle Park 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.)