Township of Rochelle Park, NJ Article III Employee Rights and Obligations Policies

§ 27-7 Antidiscrimination.

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.

§ 27-8 Americans with Disabilities Act and New Jersey Pregnant Worker's Fairness Act.

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.

§ 27-9 Contagious or life threatening illnesses.

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.

§ 27-10 Safety.

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.

§ 27-11 Transitional duty.

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.

§ 27-12 Drugs and alcohol.

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.

§ 27-13 Workplace violence.

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.

§ 27-14 General anti-harassment.

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.

B. If an employee is witness to or believes to have experienced harassment, immediate notification of the supervisor or other appropriate person should take place. See the Employee Complaint Policy.[1]

[1] Editor's Note: See § 27-17, Employee Complaints.

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.

§ 27-15 Anti-sexual harassment.

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).

E. If an employee is witness to or believes that the employee has experienced sexual harassment, they must immediately notify their supervisor or other appropriate person. See the Employee Complaint Policy.[1]

[1] Editor's Note: See § 27-17.

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.

§ 27-16 Whistle blower protection.

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.

[1] Editor's Note: See § 27-66.

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.

[3] Editor's Note: See § 27-18.

§ 27-17 Employee complaints.

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.

§ 27-18 Grievances.

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.

B. These limitations do not apply to employee complaints made under the general anti-harassment policy,[1] the anti-sexual harassment policy[2] or the whistle blower policy.[3]

[1] Editor's Note: See § 27-14.

[2] Editor's Note: See § 27-15.

[3] Editor's Note: See § 27-16.

§ 27-19 Access to personnel files.

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

(9) To a potential future employer or other person requesting a verification of your employment as described in § 27-72, Requests for employment verification and reference.

§ 27-20 Conflicts of Interest.

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.

§ 27-21 Political activity.

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.

§ 27-22 Employee evaluation.

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.

§ 27-23 Employee discipline.

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.

§ 27-24 Employee termination.

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.

§ 27-25 Resignation.

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.

§ 27-26 Work force reduction.

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.

§ 27-27 Driver's license requirements.

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.)