[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, 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.
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.
[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. 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.
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;
(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
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;
(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
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.