Township of Rochelle Park, NJ Article VII Managerial and Supervisory Procedures

§ 27-61 Employment procedure.

A. Recruitment. The Administrator will coordinate the employment recruitment process for all vacancies to ensure compliance with contractual, legal, and equal opportunity requirements. When a vacancy occurs, it is the responsibility of the department head to notify the Administrator who will distribute notification of the vacancy to all departments. The Administrator will undertake to recruit qualified applicants in accordance with applicable federal and state law. Where positions are advertised, the media or other periodical utilized must have as wide circulation as possible to encourage applications from candidates from diverse backgrounds and must prominently state that the Township of Rochelle Park is an equal opportunity employer.

B. Applications. All candidates must fully complete an application form. A resume will not be considered as a substitute for this form. The application is a confidential document and will not be available to anyone who is not directly involved in the hiring process, except as required by law.

C. Interviews. The Administrator or department head will coordinate the interview process including the scheduling of applicants, development of interview questions and standards to measure candidate responses. All questions must be in accordance with the New Jersey Division of Civil Rights Guidelines for Pre-Employment Inquiries. The Township of Rochelle Park will make reasonable accommodations to known physical and mental limitations of all applicants with disabilities, provided that the individual is otherwise qualified to safely perform the essential functions of the job and also provided the accommodation does not impose an unreasonable hardship on the Township of Rochelle Park.

D. Physical examinations. Pursuant to the Americans with Disabilities Act, after an offer of employment is made and prior to commencing employment, the Administrator may require applicants to pass a physical examination in order to insure that they can perform the duties of their position without injury to themselves or others. The same post-offer physical examination must be performed on all applicants for a particular position. The Administrator may require periodic physical examinations to determine the employee's continued ability to perform the duties of the position. All physical examinations must be performed by a physician chosen by the Township of Rochelle Park at the expense of the Township of Rochelle Park. All medical records of employees and prospective employees are confidential and are to be maintained by the Administrator separate from the employee's official personnel file. Medical exams may include tests for drug and alcohol use.

E. Criminal background checks. Criminal background checks are required of all candidates, whether paid or volunteer, that may work directly or indirectly with children/youth/minors in accordance with the procedures outlined in § 27-61, Background checks and procedures for candidates, employees and volunteers.

F. Job offers. The final decision will be made by the Township Committee after all references and other information has been verified. Every effort shall be made to offer reasonable accommodations to known physical and mental limitations of all applicants with disabilities, 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. The employment offer must be made in a letter to the candidate outlining all terms and conditions of the offer. The letter will also establish a deadline for acceptance.

G. Acceptances and rejections. If the first offer is rejected, the Township of Rochelle Park Administrator will decide to hire another candidate or reopen the position. Once a candidate accepts the employment offer, all other candidates will be notified in writing that they were not accepted for the position.

H. Employability proof. After acceptance, but before starting employment, all new employees shall be required to fill out an Employment Verification, Form I9[1] and to provide acceptable proof of right to employment in the United States.

[1] Editor's Note: Said form is included as an attachment to this chapter.

I. Record retention. All applications, notes made during interviews and reference checks, job offers and other documents created during hiring process must be returned to the Administrator. Documents related to the successful candidate will be placed in the employee's official personnel file except medical records including physical examinations must be maintained in a separate file. All records documents related to other candidates must be retained for at least one year. Records and documents created during the hiring process are confidential and must be retained in a locked cabinet.

§ 27-62 Criminal background check required.

[Amended 12-16-2020 by Ord. No. 1173-20]

A. Any individual considered for any appointment or reappointment to the Zoning Board of Adjustment, Planning Board, Library Board, recreation or any other volunteer board or body as well as any individual considered for any volunteer position within the municipality must consent to a criminal background check in accordance with the provisions of Chapter 27 of the Township Code.

B. No person shall be eligible to serve as a member of the aforementioned Boards or serve in any volunteer position for the municipality if it is determined that such person has been:

(1) Convicted under the laws of the state of an offense involving dishonesty or a crime of the third degree or above or under the laws of another state or of the United States of an offense or crime which, if committed in this state, would be such an offense or crime; or

(2) Such person is convicted of an offense involving or touching said office, position or employment.

C. Background check procedure.

(1) The Township Administrator will perform or initiate the criminal background check procedure which must be completed and reviewed prior to the applicant being approved, appointed or reappointed to any of the positions described herein.

(2) The process will be initiated by the Township Administrator providing, via email, an invitation for the individual to initiate the background check process. The individual shall be required to respond within five days of said email. If the invitation is not accepted within five days, the Township Administrator shall place a phone call to the individual reminding him or her as to their obligation to comply.

(3) In the event that the Township Administrator is unable to reach the individual by phone, he shall arrange for the service of a written notice, via certified and regular mail, to the individual reminding him or her of their obligations to comply with the provisions of this section.

(4) In the event that the individual being considered for appointment fails to respond to the email, telephone and written notice within five days from the date of the written notice, then that individual will be deemed disqualified from service and will not be considered.

D. Background checks for existing volunteers.

(1) All persons serving in a volunteer position as of the effective date of this section who would otherwise be required to comply with the terms of this section prior to appointment shall be required to submit to the background check described in this article upon receipt of a request to do so from the Township Administrator. Failure to respond to such request pursuant to the procedure outlined herein shall render the individual disqualified from service and shall mandate the immediate removal from the position.

(2) All such existing volunteers and members of any municipal board or body must successfully complete the criminal background check described herein within 30 days of the date of adoption of this section.

E. Notice to applicant. In the event that it is determined, by the Township Administrator, that the applicant is ineligible for appointment based upon the results of the background check, the Township Administrator shall notify the applicant of such disqualification prior to any formal denial of the applicant's application. The applicant shall, thereafter, be provided with a period of five days from the date of such notice in order to withdraw the application.

F. Confidentiality of information. All information received and results of the background check shall remain confidential. Upon receipt of the background check, the Township Administrator shall notify the Township Committee that the person is disqualified without further detail.

G. Emergency services applicability. Notwithstanding the provisions of this section, all members of the Fire Department and Ambulance Corps shall be subject to the provisions of Chapter 27, Article I, entitled "Background Checks." Therefore, volunteers within the Fire Department and Ambulance Corps will be subject to the same background investigation as those individuals who applied for employment with the Township.

§ 27-63 Nepotism procedure (if any).

A. Unless otherwise provided by law or collective bargaining unit agreements, immediate relatives shall not be hired, promoted or transferred to a regular full-time or regular part-time position where:

(1) One relative would have the authority to appoint, remove, discipline or evaluate the performance of the other;

(2) One relative would be responsible for auditing the work of the other; or

(3) Other circumstances exist that place the relatives in a situation of actual or reasonably foreseeable conflict of interest.

B. For purposes of this policy, immediate relative includes 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.

§ 27-64 Open Public Meetings Act procedure concerning personnel matters.

A. Discussions by the governing body or anybody of the Township of Rochelle Park concerning appointment, termination, terms and conditions of employment, performance evaluation, promotion or discipline of any current or prospective officer or employee shall be in closed session, with the right of the employee to be present, unless the individual requests in writing that the discussion be held in open session. Such request must be granted. Prior to the discussion by the governing body or anybody of the Township of Rochelle Park concerning such matters, the Clerk shall notify the affected person(s) of the meeting date, time and place, the matters to be discussed and the person's right to request that the discussion occur in open session. In the event more than one person is affected by the discussion and one of the affected persons does not request that the discussion be in open session, then the discussion shall be in closed session.

B. Additionally, whenever the governing body or any public body of the Township of Rochelle Park intends to act on a matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of performance of, promotion, or disciplining of any specific prospective public officer or employee or current public officer or employees employed or appointed by the governing body or any public body of the Township of Rochelle Park, then that governing body or that public body of the local unity type must provide notice of said intended action to said prospective public officer or employee or current public officer or employees. Prior to the matter being acted on, the Clerk shall notify the affected person(s) of the meeting date, time and place, the matters to be discussed.

§ 27-65 Processing and orientation of new employees procedure.

All new regular full-time and regular part-time employees will be scheduled to meet with the Administrator and department head on their first day for a general orientation. Copies of all forms and acknowledgements must be returned to the Administrator for inclusion in the employee's official personnel file. The orientation will include:

A. A tour of the appropriate facilities to acquaint the new employee with overall operations as they relate to the specific position;

B. The completion of all pertinent personnel, payroll, insurance and pension forms;

C. A review of the Employee Handbook and acknowledgement of receipt;

D. A review of the Personnel Policies and Procedures Manual if the employee is a manager or supervisor and acknowledgement of receipt;

E. A safety orientation and acknowledgement; and

F. Arrangements for the new employee to complete required PEOSHA safety training.

§ 27-66 Initial employment period.

A. Except where state requirements direct otherwise, new employees (or present employees transferring to new positions) will be hired subject to an initial employment period of not less than six months or as determined by the Administrator. During this initial employment period, the new employee or transferee will be provided with training and guidance from the supervisor. At the end of the initial employment period, the supervisor will conduct an employee evaluation (see § 27-67, Performance evaluation). New employees may be discharged at any time during this period if the Administrator concludes that the employee is not progressing or performing satisfactorily. Under appropriate circumstances, the Administrator may extend the initial employment period. Newly hired employees are not eligible for payment of paid time off except holidays until the successful completion of their initial employment period.

B. Nothing in the procedure set forth in this section shall alter the Township of Rochelle Park's employment at will policy. Employment with Township of Rochelle Park is at will and may be terminated at any time with or without cause or notice by the Township of Rochelle Park or the employee.

§ 27-67 Employee handbook.

The Administrator, with the assistance of the municipal attorney, shall draft an Employee Handbook for the approval of the Administrator. A separate version of the handbook will be drafted for part-time and seasonal employees, as well as for major bargaining groups, if appropriate. Once approved, copies will be distributed and employees will be required to sign an acknowledgement of receipt that will be placed in the official personnel file. The handbook will be revised and redistributed whenever there is a significant change in personnel practice or every two years.

§ 27-68 Performance evaluation.

A. Periodic evaluations are critical to create a formal record of an employee's performance over time and establish a foundation for personnel actions such as promotion and termination. In addition to day-to-day feedback to the employee, a performance evaluation must be conducted for all employees at least once a year. The completed appraisal becomes part of an employee's permanent record.

B. Performance discussions must also provide employees with guidance regarding their ability to meet job standards. Extraordinary skills or abilities should be recognized in addition to areas for improvement. Supervisors or department heads should review future training needs and career planning. The reviewer should also encourage the employee to make suggestions about how the department can improve. The reviewer should ask employees for feedback regarding the employee's skills as they relate to communication, team building, delegation, and sensitivity to needs of subordinates. Open communication is the key to improvement.

(1) Setting the stage. The reviewer must create a productive climate for the discussion. In preparing the evaluation form, prior evaluations should be reviewed to identify trends. Employees must be notified in advance of the meeting and should be given a copy of the blank evaluation form. The meeting should be private without interruptions in a comfortable environment.

(2) Confirm expectations. The reviewer should start the discussion of each performance area by reviewing expectations; ask the employee to confirm the employee's understanding of job requirements; and refer to the job description as appropriate.

(3) Rating. Continue the discussion by giving the employee's rating in each performance area. The supervisor should be prepared to refer to documentation. Employees should be evaluated based on set standards, not as they compare to other employees. It is rare that any person's rating in all areas is either high or low. The evaluation should consider performance during the entire period, not just the recent past. Care should be taken to avoid allowing one aspect of a person's performance to overshadow all other performance factors be it positive or negative. Ideally, each performance area should be evaluated individually based on specific behaviors exhibited.

(4) Discussing future plans. This is where the reviewer should turn to the discussion to the future performance and development of the employee. A Counseling Action Plan form must be completed if any item is rated "Needs Improvement" or "Does Not Meet Minimum Standards." Specific performance goals must be established for the next review period along with plans for achieving those goals.

(5) Closing the discussion. When all performance areas have been discussed, close the discussion by summarizing all of ratings in an overall rating for the review period.

C. It is crucial that all reviewers complete the evaluation forms with care and with complete candor. Although reviewers are encouraged to set forth areas of strength and utilize tact in presenting criticism, it is important that all performance issues of any significance be addressed thoroughly and in unambiguous terms in the evaluation form, and verbally with the employee.

(1) Exceeds expectations means consistently exceeds established standards in most areas of responsibility. All requirements must be met and objectives achieved above the established standards.

(2) Meets job requirements means all job requirements were met and planned objectives accomplished within established standards. There were no critical areas where accomplishments were less than planned.

(3) Needs improvement means performance in one or more critical areas does not meet expectations. Not all planned objectives were accomplished within the established standards and some responsibilities were not completely met.

(4) Does not meet minimum standards means performance is unacceptable and important objectives have not been accomplished; needs immediate improvement.

D. After completing the evaluation, the reviewer will 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 Personnel 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.

§ 27-69 Disciplinary action.

A. All employees are expected to meet the Township of Rochelle Park's work performance standards. The intent of the disciplinary action procedure is to formally document problems and provide the employee with a reasonable time to improve performance. The process should encourage development by providing employees with guidance in areas that need improvement such as poor work performance, attendance problems, personal conduct, general compliance with the Township of Rochelle Park's policies and procedures and other disciplinary problems.

B. Should a supervisor believe that an employee is not conforming to the Township of Rochelle Park's policies and rules or to specific instructions, or has acted improperly, the supervisor will first privately discuss the matter with the employee to obtain the employee's view. If the supervisor determines that the employee has acted improperly, the supervisor shall take one of the following actions depending upon the gravity and the employee's past record. At the discretion of the supervisor and the Administrator, action may begin at any step, and/or certain steps may be repeated or by-passed.

(1) Verbal reprimand. Depending on the circumstances, the supervisor may verbally notify the employee that the employee's actions have been improper and warn the employee against further occurrences. The supervisor will prepare a record of the verbal reprimand including the date, time and what was discussed with the employee. This record must be forwarded to the Administrator for the employee's official personnel file.

(2) Administrator review. Should the supervisor consider the offense sufficiently serious to warrant consideration by the Administrator, the employee will be so advised and a meeting arranged with the Administrator at the earliest possible date. All facts should be detailed at this meeting and, if possible, a determination will be made at that time of disciplinary action, if any.

(3) Written reprimand. When a supervisor determines that a written reprimand is appropriate, the situation must be discussed with the Administrator. The reprimand should clearly identify the problem and outline a course of corrective action within a specific timeframe. The employee should clearly understand both the corrective action and the consequence (i.e., termination) if the problem is not corrected or reoccurs. The employee should acknowledge receipt of the warning and may include additional comments. A copy of the written reprimand with the signed acknowledgement and comments must be forwarded to the Administrator for the employee's official personnel file.

(4) Suspension. Whenever an employee is recommended for suspension, the Administrator will make the decision and may seek the advice of the municipal attorney, if appropriate. Suspended employees may request a hearing under the applicable grievance procedure.

(5) Dismissal. Whenever an employee is recommended for dismissal, the Township Committee will make the decision only after seeking the advice of the municipal attorney. There must be a complete review of the employee's personnel file and all other facts to determine if there is sufficient cause for the dismissal. Terminated employees may request a hearing under the applicable grievance procedure.

C. The procedure set forth herein shall apply to all persons described in § 27-6 of the Township Code notwithstanding the existence of any other specific disciplinary procedure set forth in any other code section.

[Added 10-23-2019 by Ord. No. 1148-19]

(1) The Township Administrator shall be deemed the "Supervisor" pursuant to the provisions of § 27-69 in the event of any disciplinary action involving volunteers.

§ 27-70 Personnel file.

A. The official personnel files shall be maintained by the Administrator and employee medical information will be maintained in a separate file. At least annually, the Administrator will review files to make sure they are up-to-date and will follow-up with the department heads as necessary.

B. The official file shall include at least the following:

(1) The original application signed by the employee;

(2) Notes from any preemployment interview and reference check;

(3) The original letter detailing an offer of employment and any additional correspondence concerning the employee's hiring;

(4) A signed acknowledgement that the employee received a copy of the employee complaint policy letter;

(5) A signed acknowledgement that the employee has received the Employee Handbook;

(6) A signed acknowledgement that the employee received the safety orientation;

(7) Annual written performance evaluations including documentation that the evaluation was reviewed with the employee;

(8) Counseling action plans;

(9) Records relating to on-the-job accidents;

(10) Disciplinary actions including an acknowledgement that the employee was notified of the proposed disciplinary action and was given an opportunity to respond;

(11) Records relating to any other employment actions including promotions, demotions, transfers, resignations, leaves, etc.;

(12) Educational transcripts; and

(13) Any other pertinent information.

§ 27-71 Employee complaint investigation.

Employees have the right to formally or informally report any statement, act, or behavior by a co-employee, supervisor, elected official or visitor that they believe to be improper.

A. Reporting. Employees should be asked to report complaints in writing utilizing the employee complaint form, but are not compelled to do so.

B. Identification/screening. The supervisor, department head, Administrator or municipal attorney must report all written or verbal complaints to the Administrator unless the complaint is against the Administrator. Upon receipt, the Administrator will determine if the complaint was made pursuant to the general antiharassment policy, the antisexual harassment policy, the whistle blower policy, a grievance procedure or is another form of complaint. A file will be established including the written complaint, the investigation procedure followed and the response action plan. As soon as possible, but no later than 10 days after receiving the complaint, the Administrator or investigator appointed by the Administrator will interview the employee. If the employee is reluctant to sign a written complaint, the Administrator or investigator will prepare written notes of the date, time and place of the complaint and the specific allegations. These notes will be read back to the employee who will be asked to affirm, preferably in writing, the information's accuracy.

C. Investigation. The Administrator will seek the advice of the municipal attorney when planning the investigation. The investigation should be conducted by the municipal attorney or county prosecutor if it involves potential criminal charges. The investigation should establish the frequency and nature of the alleged conduct and whether the complaint coincides with other employment events, such as a poor performance evaluation. The investigation should also determine if other employees were subjected to similar misconduct. It is important to protect the rights of both the person making the complaint and the alleged wrongdoer.

D. Response plan: no corrective action required. The Administrator will discuss the conclusions with the municipal attorney and render a decision within 14 days after the investigation is complete. If the validity of a complaint cannot be determined or the complaint is groundless, the complaining employee should be notified in writing. Care should be taken to avoid being too specific, confrontational or accusatory, and to avoid any language that might be construed as defamatory. A general statement is usually more appropriate that the claim was thoroughly investigated, but could not be sufficiently documented or confirmed to justify taking formal action. The employee should be assured that future complaints will be investigated and that the Township of Rochelle Park is committed to eliminating wrongful employment practices when they are found to exist. If the investigation reveals that the complainant intentionally and maliciously levied false charges against the alleged wrongdoer, the complainant must be notified of the seriousness of filing a false complaint, and the appropriate disciplinary penalty under the circumstances, up to and including termination.

E. Response plan: corrective action required. If the investigation reveals that the complaint is justified and substantiated, the Administrator will formulate, with the advice of the municipal attorney, a corrective action plan as well as possible disciplinary action. The complaining employee will be notified, in writing that it appears that the complaint was justified and an appropriate response plan has been formulated. A copy of the response plan should be attached to the letter. The response plan should provide for appropriate remedial action to prevent a recurrence of the wrongful act or behavior.

§ 27-72 Requests for employment verification and reference.

A. Inquiries and written requests for references or employment verification regarding a current or former employee must be referred to the Administrator. No employee may issue a reference letter without the permission of the Administrator. Under no circumstances should any information be released over the phone.

B. In response to a request for information, the Administrator will only verify an employee's name, dates of employment, job title, department and final salary. No other data or information will be furnished unless the Township of Rochelle Park is required to release the information by law or the employee or former employee authorizes the Township of Rochelle Park in writing to furnish this information and releases the Township of Rochelle Park from liability.

§ 27-73 Continuing education.

A. The Township of Rochelle Park, in conjunction with the municipal attorney, will arrange for employment practices seminars at least annually to train all managerial/supervisory personnel. The Township of Rochelle Park will also offer nonmandatory training to all other employees with special emphasis on employee rights and protections under various federal and state laws, as well as the Township of Rochelle Park employment practices. Records will be maintained in the official personnel files of all employees trained under this procedure.

B. Managerial and supervisory personnel will also update employees periodically by department meetings and memos that should address specific problems and concerns that may arise. Every effort will be made to encourage employee suggestions about ways to avoid employer-employee disputes and violations of employment rights.