[Amended 9-7-2022 by Ord. No. 2022-12]
The Borough is committed to the principle of equal employment opportunity pursuant to Title VII of the 1964 Civil Rights Act as amended by the Equal Opportunity Act of 1972. Under no circumstances will the Borough discriminate on the basis of sex, race, creed, color, religion, national origin, ancestry, age, marital or political status, disability, or sexual orientation. Decisions regarding hiring, promotion, transfer, demotion or termination are based solely on the qualifications and performance of the employee or prospective employee. If any employees or prospective employees feel they have been treated unfairly, they have the right to address their concern with their supervisor, or, if they prefer, their department head, Administrative Officer, or the Finance Committee of the governing body.
A. 
In compliance with the Americans with Disabilities Act and the New Jersey Law Against Discrimination,[1] the Borough does not discriminate based on disability. The Borough 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.
[1]
Editor's Note: See N.J.S.A. 10:5-1 et seq.
B. 
The Administrative Officer shall initiate an interactive dialogue with disabled employees and prospective employees to identify reasonable accommodations that do not create a hardship. Accommodations include modifications to facilities, equipment and work procedures, auxiliary aides, services and permanent reassignment to vacant positions. Employees who are reassigned to a different position shall receive the salary of their new position. Accommodations shall not be unduly expensive, extensive and disruptive or fundamentally alter the nature of the operation. The Act does not require the Borough to offer permanent "light duty," relocate essential functions or provide personal-use items such as eyeglasses, hearing aids, wheelchairs, etc. To be eligible for accommodations, individuals must 1) be able to perform the essential function of the position, 2) not create a real safety hazard to themselves, co-employees or the public, and 3) be otherwise qualified for the position in that they possess the prerequisites, including education, experience, training, skills, licenses or certificates and other job-related requirements. All decisions with respect to accommodations shall be made by the Administrative Officer or the governing body as appropriate.
[Amended 9-7-2022 by Ord. No. 2022-12]
A. 
The Borough of Kenilworth encourages employees with contagious diseases or life-threatening illnesses such as cancer, heart disease, Hepatitis C and HIV/AIDS to continue their normal pursuits, including work, to the extent allowed by their condition. As in the case of other disabilities, the Borough shall make reasonable accommodations in accordance with legal requirements to allow qualified employees with contagious or life-threatening illnesses to perform the essential functions of their jobs as long as they are able to meet acceptable performance standards.
B. 
Medical information shall be treated confidentially. The Borough will take reasonable precautions to protect such information from inappropriate disclosure. Managers and other employees have a responsibility to maintain the confidentiality of employee medical information. Anyone inappropriately disclosing such information shall be subject to disciplinary action.
C. 
Employees with questions or concerns about contagious or life-threatening illnesses are encouraged to contact the Administrative Officer.
[Amended 9-7-2022 by Ord. No. 2022-12]
A. 
The Borough will provide a safe and healthy work environment and shall comply with the Public Employees Occupational Safety and Health Act (PEOSHA). The Borough 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 Borough facilities, equipment or motor vehicles must also be immediately reported.
B. 
The Borough 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.
[Amended 12-8-2010 by Ord. No. 2010-18]
A. 
Background.
(1) 
Workers' compensation laws provide lost wages and medical expenses to employees who are injured as a result of an on-the-job accident, injury, or occupational disease. Workers' compensation is designed to protect employees and their dependents against hardships from injury or death arising from the work environment. All permanent and temporary employees of the Borough of Kenilworth ("Borough") are covered by workers' compensation insurance.
(2) 
In an effort to continue to provide innovative and quality service to its employees, the Borough is pleased to provide a Temporary Reassignment of Duties Program ("program"). The program is designed to assign duties and responsibilities to employees covered by the workers' compensation laws which are consistent with specific medical restrictions, which will provide the Borough with increased efficiency from its work force, as well as provide higher self-esteem for affected workers.
(3) 
The program is intended for those employees who have been injured on the job, and who, under medical authorization, may return to work in a limited capacity.
(4) 
Issues arising under the Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA) or the New Jersey Law against Discrimination (LAD) are not covered by this policy. Those issues shall be handled in accordance with law.
B. 
Description of the program. The program is designated to provide temporary modified or alternate work assignments, where available, to employees who are deemed temporarily unable to perform their regular work duties or assignment due to a work-related illness or injury. This procedure will allow employees who are not fully capable of resuming their job responsibilities to return to a work assignment that is tailored to the individual's temporary limitations.
C. 
Objective of the program.
(1) 
To return employees to work who have been injured on the job. These employees may temporarily perform duties to assist the Borough in providing services to the general public. The job duties must have requirements consistent with the employee's health limitations as certified by a physician.
(2) 
To lower the absenteeism rate.
(3) 
To minimize the negative psychological impact due to being out of work, and to provide a transition and adjustment for returning to work.
(4) 
To create a safe work environment and sound safety practices.
(5) 
To reduce disruption of the work schedule.
(6) 
To assist employees in returning to their regular job duties at full capacity.
(7) 
To increase the productivity of the Borough's work force. In order to assist the Borough to continue to provide services to its citizens, it is the Borough's policy to have these employees who are not totally disabled come to work and perform those functions which they are able to perform.
D. 
Benefits of the program.
(1) 
Increased morale. The program allows injured workers to feel needed in their job. This increases morale.
(2) 
Productivity. The program allows employees who are temporarily reassigned to perform tasks regardless of whether there are other personnel available to do them.
(3) 
Self-esteem. The program keeps employees motivated and mobile, makes them feel productive and facilitates the healing process.
E. 
Administration of the program.
(1) 
The program shall be administered by the employee's department head in conjunction with the Borough's Finance Committee.
[Amended 9-7-2022 by Ord. No. 2022-12]
(2) 
Employees injured on the job are required to be examined by a health care provider authorized to treat the workers' compensation injury ("authorized physician"). Employees may be required to report to the authorized physician with their job description to enable the physician to ascertain what duties the employee is able to perform until the employee has been medically cleared to return to full duty. The Borough will not accept a nonauthorized physician's recommendation, nor will the Borough reimburse an employee under this policy for treatment by a nonauthorized physician.
(3) 
The authorized physician's report(s) shall be reviewed to determine appropriate reassignment. The final determination of the employee for the alternate or modified assignments will be that of the Finance Committee.
[Amended 9-7-2022 by Ord. No. 2022-12]
(4) 
There shall be regular communication among the Finance Committee, the department head, the employee, the authorized physician(s), and the workers' compensation carrier and administrator throughout the course of treatment and recovery.
[Amended 9-7-2022 by Ord. No. 2022-12]
(5) 
The Borough shall maintain documentation regarding employee status in the program.
(6) 
Within 10 working days after an employee commences a temporary reassignment, and periodically thereafter, a review shall be performed to determine the appropriateness of continuing the temporary reassignment.
(7) 
All employees shall be given a copy of this policy. The policy shall be maintained in the Borough's Policy Manual.
(8) 
The Finance Committee, in conjunction with the workers' compensation carrier or administrator, must notify the authorized physicians about the program.
[Amended 9-7-2022 by Ord. No. 2022-12]
(9) 
All reassignments under this policy are temporary. There are no permanent modified or alternate work assignments.
(10) 
The Borough reserves the right to require an employee returning from temporary reassignment under this policy to submit to a fitness-for-duty examination.
F. 
Employee requirements.
(1) 
Employees are required to perform the job tasks they are assigned pursuant to this program.
(2) 
Employees are required to cooperate with and follow their supervisors' directions.
(3) 
Employees are required to attend all appointments with authorized physicians.
(4) 
Employees must provide all authorized physicians' notes and reports to their department head. The department head shall provide a copy of all authorized physicians' notes to the Finance Committee.
[Amended 9-7-2022 by Ord. No. 2022-12]
(5) 
An employee who rejects temporary reassignment may become ineligible for workers' compensation benefits. In addition, once an employee's entitlement to leave pursuant to the FMLA has been exhausted, the employee who rejects temporary reassignment will be subject to disciplinary action, up to and including termination.
G. 
Assignment of job tasks.
(1) 
Temporary reassignment will be determined in conjunction with the limitations set forth by authorized physician(s).
(2) 
Temporary reassignments will be handled on a case-by-case basis.
(3) 
There shall be regular communication between the Finance Committee and the employee's department head. The department head shall notify and coordinate with the Finance Committee regarding the tasks that have been assigned to an employee.
[Amended 9-7-2022 by Ord. No. 2022-12]
(4) 
Upon request by the Finance Committee, supervisors shall provide a list of assignments that are in need of being done which feasibly may be completed by an employee on modified duty.
[Amended 9-7-2022 by Ord. No. 2022-12]
(5) 
There is no restriction on the location or type of temporary reassignment, provided it is consistent with the limitation detailed by the Borough authorized physician and assists in continuing to provide services to the Borough's citizens.
H. 
Compliance with laws. The program shall be interpreted to be consistent with the FMLA, ADA and the LAD, and all other laws. To the extent any provision in the program conflicts with any federal or State of New Jersey law, the law shall control, but the balance of the program shall remain in effect.
A. 
The Borough recognizes that the use of unlawful drugs and the abuse of alcohol pose a threat to the health and safety of all employees. Any employee who is intoxicated or under the influence of alcohol or drugs during working hours shall be immediately suspended and subject to termination. The supervisor or department head will immediately report any suspensions to the Administrative Officer.
[Amended 9-7-2022 by Ord. No. 2022-12]
B. 
Employees using prescription drugs that may affect job performance or safety must notify their supervisor or department head, who is required to maintain the confidentiality of any information regarding an employee's medical condition. Borough 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. 
The Borough 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 Borough property, at Borough events or under other circumstances that may negatively affect the Borough's ability to conduct business.
B. 
Prohibited conduct includes:
(1) 
Causing physical injury to another person;
(2) 
Making threatening remarks;
(3) 
Aggressive or hostile 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 Borough property or while on Borough 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 Borough will actively intervene in any potentially hostile or violent situation.
[Amended 9-7-2022 by Ord. No. 2022-12]
The Borough will not tolerate harassment in the workplace, including harassment motivated by sex, race, creed, color, religion, national origin, ancestry, age, nationality, marital or political status, disability or sexual orientation. Borough officials, appointees, managers, supervisors, employees, volunteers and outside contractors alike must comply with this policy and take appropriate measures to insure that such conduct does not occur. Violations of this policy will result in disciplinary action up to and including discharge or, in the event nonemployees are found to be at fault, other appropriate action. Employees who feel they have been subject to harassment must report the harassment to their supervisor, or, if they prefer, to the department head, Administrative Officer or the Finance Committee of the governing body. See the employee Complaint Policy.
A. 
As a part of the Anti-Harassment Policy, the Borough also strictly prohibits sexual harassment, including, but not limited to:
(1) 
Making unwelcome sexual advances or requests for sexual favors a condition of employment;
(2) 
Making submission to or rejection of such conduct the basis for employment decisions affecting the employee;
(3) 
Creating an intimidating, hostile or offensive working environment by such conduct;
(4) 
Making unwelcome, offensive remarks or engaging in physical contact with a subordinate or fellow employee that would not have been made but for the employee's sex or which is sexually oriented to the extent that it would not occur but for the fact of the employee's gender; or
(5) 
Harassment based solely on gender, which creates a hostile and offensive work environment.
B. 
Sexual harassment may take different forms. One specific form is a demand for sexual favors. Other forms of harassment include, but are not limited to:
(1) 
Sexual innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions or threats;
(2) 
Suggestive objects or pictures, graphic commentaries, e-mails, suggestive or insulting sounds, leering, whistling, obscene gestures;
(3) 
Unwanted physical contact, including touching, pinching, brushing the body, pushing; or
(4) 
Nonsexual conduct such as intimidation and hostility based solely upon gender.
C. 
Employees who feel they have been subject to sexual harassment must report the harassment to their supervisor, or, if they prefer, to the department head, Administrative Officer or the Finance Committee of the governing body. See the employee Complaint Policy.
[Amended 9-12-2018 by Ord. No. 2018-14; 9-7-2022 by Ord. No. 2022-12]
A. 
Employees have the right to complain of anything they perceive to be improper. This right shall be communicated to all employees in a letter outlining the specific employee complaint procedure. A written acknowledgment that the employee received this letter will be included in the employee's official personnel file. This right will also be communicated in the employee handbook. All complaints will be taken seriously and promptly investigated.
B. 
The Borough 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 Administrative Officer, other official or to a public body, as defined in the Employment Protection Act (N.J.S.A. 34:19), an activity, policy or practice that the employee reasonably believes is in violation of law, a rule or regulation promulgated pursuant to law;
[Amended 9-7-2022 by Ord. No. 2022-12]
(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 Borough. However, disclosure is not required where 1) the employee is reasonably certain that the violation is known to one or more officials; 2) where the employee reasonably fears physical harm; or 3) the situation is emergency in nature. Employees are encouraged to complain in writing using the employee complaint form but may make a verbal complaint at their discretion. See the employee Complaint Policy. Under the law, the employee must give the Borough 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. In accordance with the statute, a copy of this policy will be posted in all facilities.
[Amended 9-7-2022 by Ord. No. 2022-12]
Employees who wish to complain of harassment or any other workplace wrongdoing are requested to immediately report the matter to their supervisor, or, if they prefer, to their department head, or the Finance Committee of the governing body. Employees are encouraged to complain in writing using the employee complaint form but may make a verbal complaint at their discretion. No retaliatory measures shall be taken against any employee who complains of workplace wrongdoing. The Borough will, to the maximum extent feasible, maintain the confidentiality of such complaints on a need-to-know basis. However, investigation of such complaints may require disclosure to the accused party and other witnesses in order to gather pertinent facts.
A. 
A "grievance" is any formal dispute concerning the interpretation, application and enforcement of any personnel policy or procedure of the Borough. 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 days after arising and failure to report a grievance within such time shall be deemed as a waiver of the grievance. In the event of a settlement or ruling that results in a determination of monetary liability, such liability shall not exceed more than 30 working days prior to the date the grievance was first presented in writing.
(1) 
Step 1. Any employee or group of employees with a grievance shall verbally communicate the grievance to the supervisor or department head. The supervisor or department head will communicate the decision to the employee within two working days.
(2) 
Step 2. If the employee is not satisfied with the decision, the employee must submit a written grievance to the Administrative Officer detailing the facts and the relief requested. The decision in Step 1 will be deemed final if the employee fails to submit a written grievance within five working days of the Step 1 decision. Upon receipt of such written grievance, the Administrative Officer shall schedule a hearing before the governing body, or its designee, within 21 days of receipt of the written grievance. The governing body, or its designee, shall render a decision within 15 working days after such meeting is held, which decision shall be in writing and either hand-delivered or mailed to the employee and the department head. The decision of the governing body shall be final, subject, however, to any other rights or remedies to which the employee may be entitled under state and federal law. The governing body may appoint a hearing officer for the purpose of hearing any grievance at Step 2.
[Amended 9-7-2022 by Ord. No. 2022-12]
B. 
These limitations do not apply to employee complaints made under the General Anti-Harassment Policy, the Anti-Sexual Harassment Policy or the Whistle-Blower Policy.[1]
[1]
Editor's Note: See §§ 37-12, 37-13 and 37-14.
[Amended 9-7-2022 by Ord. No. 2022-12]
The official personnel file for each employee shall be maintained by the Administrative Officer. 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. Any employees may review their file in the presence of the Administrative Officer upon reasonable request.
[Amended 9-7-2022 by Ord. No. 2022-12]
A. 
Employees, including Borough 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 Borough. Violations of this policy will result in appropriate discipline, including termination.
B. 
The Borough recognizes the right of employees to engage in outside activities that are private in nature and unrelated to Borough business. However, business dealings that appear to create a conflict between the employee and the Borough's interests are unlawful under the New Jersey Local Government Ethics Act.[1] Under the Act, certain employees and officials are required to annually file with the Administrative Officer a state mandated disclosure form. The Administrative Officer will notify employees and Borough officials subject to the filing requirements of the Act.
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.
C. 
A potential or actual conflict of interest occurs whenever an employee, including a Borough official, is in a position to influence a Borough 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 Borough 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 Administrative Officer or the Borough Counsel to obtain clarification.
D. 
Employees are allowed to hold outside employment as long as it does not interfere with their Borough responsibilities. Employees are prohibited from engaging in outside employment activities while on the job or using Borough time, supplies or equipment in the outside employment activities. The department head may request employees to restrict outside employment if the quality of Borough work diminishes. Any employee who holds an interest in, or is employed by, any business doing business with the Borough must submit a written notice of these outside interests to the Administrative Officer.
E. 
Employees may not accept donations, gratuities, contributions or gifts that could be interpreted to affect their Borough duties. Under no circumstances shall an employee accept donations, gratuities, contributions or gifts from a vendor doing business with or seeking to do business with the Borough or any person or firm seeking to influence Borough decisions. Meals and other entertainment valued in excess of $100 are also prohibited. Employees are required to report to the Administrative Office any offer of a donation, gratuity, contribution or gift, including meals and entertainment, that is in violation of this policy.
[Amended 9-7-2022 by Ord. No. 2022-12]
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 Borough time, supplies or equipment in any political activity. Any violation of this policy must be reported to the supervisor, department head, Administrative Officer or the Borough Counsel.
[Amended 9-7-2022 by Ord. No. 2022-12]
The department head will complete a written evaluation and appraisal form for every employee to measure progress and to encourage self-improvement at least once a year. The evaluation will also record additional duties performed, educational courses completed as well as a plan to correct any weak points using the employee counseling form. After completing the evaluation, the supervisor or department head will review the results with the employee and return the form(s) with the signed acknowledgment to the Administrative Officer. After review by the Administrative Officer, the form(s) are to be included in the employee's official personnel file. As a part of the evaluation, employees have the right to request a conference with the Finance Committee of the governing body.
A. 
An employee may be subject to discipline for all of the following reasons:
(1) 
Incompetence, inefficiency or failure to perform duties;
(2) 
Conviction of a crime;
(3) 
Conduct unbecoming a public employee;
(4) 
Violation of Borough policies, procedures and regulations;
(5) 
Falsification of public records, including personnel records;
(6) 
Violation of federal, state or Borough regulations concerning drug and alcohol use and possession;
(7) 
Excessive absenteeism, attendance violations or lateness;
[Amended 9-7-2022 by Ord. No. 2022-12]
(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 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.
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 Borough policies, procedures and regulations;
(5) 
Falsification of public records, including personnel records;
(6) 
Violation of federal, state or Borough regulations concerning drug and alcohol use and possession;
(7) 
Excessive absenteeism, attendance violations or lateness;
[Amended 9-7-2022 by Ord. No. 2022-12]
(8) 
Misuse of public property, including motor vehicles; and
(9) 
Other sufficient cause.
B. 
All discharges will be in accordance with federal and state laws, as well as applicable collective bargaining agreements.
[Amended 9-7-2022 by Ord. No. 2022-12]
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 showing any pay or other money owed the employee. The Administrative Officer 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.
Pursuant to N.J.A.C. 4A:8-1.1, the Borough may institute layoff actions for economic, efficiency or other related reasons, but will first consider voluntary alternatives.