A.
Recruitment. The Administrative Officer 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 Administrative
Officer, who will distribute notification of the vacancy to all departments.
The Administrative Officer 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 Borough
is an equal opportunity employer.
[Amended 9-7-2022 by Ord. No. 2022-12]
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.
C.
Interviews. The Administrative Officer 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 on
Civil Rights Guidelines for Pre-Employment Inquiries. Reasonable accommodations
must be made for disabled applicants.
[Amended 9-7-2022 by Ord. No. 2022-12]
D.
Physical examinations. The Administrative Officer may require applicants,
prior to employment, to successfully pass a physical examination consistent
with the Americans with Disabilities Act to assure that the work required
by the position will not cause injury to the employee or co-employees
and that the person is fit to meet the requirements of the position.
The Administrative Officer 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 Borough at the expense of the Borough. All
medical records of employees and prospective employees are confidential
and are to be maintained by the Administrative Officer separate from
the employee's official personnel file.
[Amended 9-7-2022 by Ord. No. 2022-12]
E.
Job offers. The final decision will be made by the governing body
after all references and other information have been verified. Every
effort shall be made to offer reasonable accommodations pursuant to
the Americans with Disabilities Act. 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.
F.
Acceptances and rejections. If the first offer is rejected, the governing
body 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.
G.
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 Administrative Officer. 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.
[Amended 9-7-2022 by Ord. No. 2022-12]
A.
A veteran's preference is hereby established in the Borough for veterans
and their widows and orphans. Such preference shall apply for hiring
purposes only, and only in Borough government or service, or any subdivision
or agency thereof, for which the salary is paid for from local tax
revenues and for which a test, examination or other means of evaluation,
be it oral or written, is used in determining which applicant shall
be hired or appointed, as the case may be.
B.
The following system of preference points shall be used in determining
which applicant shall be hired or appointed, provided that such applicant
is otherwise qualified for the position:
(1)
For a veteran residing in the Borough of Kenilworth: five points
or first consideration where no test is given;
(2)
For a veteran residing in the Borough of Kenilworth with a service-connected
disability and who is capable of meeting the job qualifications: 10
points for first consideration if a tie exists or first consideration
where no test is given;
(3)
For a veteran residing in the Borough of Kenilworth with a non-service-connected
disability and who is capable of meeting the job qualifications: seven
points or first consideration where no test is given;
(4)
For widows and orphans of veterans residing in the Borough of Kenilworth,
should no veteran apply and/or qualify: five points or first consideration
if no test is given;
(5)
Veterans residing in the Borough of Kenilworth shall receive first
consideration over veterans from other communities.
C.
Any veteran or veteran's widow or orphan residing in the Borough
of Kenilworth and applying for a job or position within the Borough,
for whom the foregoing provisions shall apply, must declare on the
initial application his or her intention to exercise his or her right
to preference.
[Amended 9-7-2022 by Ord. No. 2022-12]
Discussions by the governing body or any body of the Borough
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 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 any body of the Borough concerning such matters,
the Administrative Officer 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. If
the individual(s) does not request that the discussion be held in
open session, the governing body or other body of the Borough may
at its sole discretion invite the affected individual(s) to attend
the applicable portion of the closed session.
[1]
Editor's Note: For the Open Public Meetings Act, see N.J.S.A.
10:4-6 et seq.
[Amended 9-7-2022 by Ord. No. 2022-12]
All new regular full-time and regular part-time employees will
be scheduled to meet with the Administrative Officer and department
head on their first day for a general orientation. Copies of all forms
and acknowledgments must be returned to the Administrative Officer
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 acknowledgment of receipt;
D.
A review of the Personnel Policies and Procedures Manual if the employee
is a manager or supervisor and acknowledgment of receipt;
E.
The employee Complaint Policy letter and acknowledgment;
F.
A safety orientation and acknowledgment; and
G.
Arrangements for the new employee to complete required PEOSHA safety
training.
[Amended 9-7-2022 by Ord. No. 2022-12]
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 more than 12 months, as determined by the governing body. 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 the Performance Evaluation Procedure.[1] New employees may be discharged at any time during this
period if the department head, in consultation with the Council liaison
to the department, concludes that the employee is not progressing
or performing satisfactorily. Under appropriate circumstances, the
governing body may extend the initial employment period.
[Amended 9-7-2022 by Ord. No. 2022-12]
The Administrative Officer, with the assistance of Labor Counsel,
shall draft an employee handbook for the approval of the governing
body. 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 acknowledgment 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.
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 annually and no later than April 30 of
each year. The completed appraisal becomes part of an employee's permanent
record. This is a legal document that is discoverable in lawsuits.
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 supervisor or department head should also
encourage the employee to make suggestions about how the department
can improve. The supervisor or department head 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.
[Amended 9-7-2022 by Ord.
No. 2022-12]
(1)
Setting the stage. The supervisor or department head 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.
Refer to the job description as appropriate.
(3)
Rating. The supervisor or department head shall continue the discussion
by giving the employee's rating in each performance area. The
supervisor or department head 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 supervisor or department
head should turn 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,
the supervisor or department head shall close the discussion by summarizing
all of ratings in an overall rating for the review period in the following
manner:
(a)
"Outstanding" means exceptional performance in all areas of
responsibility. Planned objectives were achieved well above the established
standards, and accomplishments were made in unexpected areas.
(b)
"Exceeds expectations" means consistently exceeds established
standards in most areas of responsibility. All requirements must be
met and objectives achieved above the established standards.
(c)
"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.
(d)
"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.
(e)
"Does not meet minimum standards" means performance is unacceptable
and important objectives have not been accomplished. Needs immediate
improvement.
C.
After completing the evaluation, the supervisor or department head
will return the form(s) with the signed acknowledgment to the Administrative
Officer for inclusion in the employee's official personnel file.
The Administrative Officer shall notify the governing body's
liaison to the Department that the evaluation was completed.
[Amended 9-7-2022 by Ord.
No. 2022-12]
A.
All employees are expected to meet the Borough'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 Borough's policies and procedures and other disciplinary
problems.
B.
Should a supervisor and/or the Administrative Officer believe that
an employee is not conforming to the Borough's policies and rules
or to specific instructions or has acted improperly, the supervisor
and/or the Administrative Officer will first privately discuss the
matter with the employee to obtain the employee's view. If the
supervisor and/or the Administrative Officer determines that the employee
has acted improperly, the supervisor and/or the Administrative Officer
shall take one of the following actions depending upon the gravity
and the employee's past record:
[Amended 9-7-2022 by Ord.
No. 2022-12]
(1)
Verbal reprimand. Depending on the circumstances, the supervisor
and/or the Administrative Officer may verbally notify the employee
that the employee's actions have been improper and warn the employee
against further occurrences. The supervisor and/or the Administrative
Officer 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 employee's official personnel file.
(2)
Written reprimand. When a supervisor and/or the Administrative Officer
determines that a written reprimand is appropriate, the reprimand
should clearly identify the problem and outline a course of corrective
action within a specific time frame. 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 acknowledgment and comments
must be forwarded to the employee's official personnel file and
the supervisor and/or the Administrative Officer shall notify the
governing body's liaison for the Department of said written reprimand.
(3)
Suspension. The supervisor and/or the Administrative Officer and/or
the governing body's liaison may recommend the suspension of
an employee. Whenever an employee is recommended for suspension by
the supervisor and/or the Administrative Officer, the governing body's
liaison to the appropriate Borough department must approve the decision.
Notwithstanding the above, the governing body's liaison can act
on its own to make the final decision to suspend an employee, after
seeking the advice of the Borough's Labor Counsel. There must
be a review of the employee's personnel file and the pertinent
facts to determine if there is sufficient cause for the suspension.
(4)
Dismissal. The supervisor and/or the Administrative Officer and/or
the governing body's liaison may recommend the dismissal of an
employee. Whenever an employee is recommended for dismissal by the
supervisor and/or the Administrative Officer, the governing body's
liaison to the appropriate Borough department must approve the recommendation.
Notwithstanding the above, the governing body's liaison can act
on its own to make the final decision to dismiss an employee, after
seeking the advice of the Borough's Labor Counsel. There must
be a review of the employee's personnel file and the pertinent
facts to determine if there is sufficient cause for the dismissal.
A.
The official personnel files shall be maintained by the Administrative
Officer, and employee medical information will be maintained in a
separate file. At least annually, the Administrative Officer will
review files to make sure they are up-to-date and will follow up with
the department heads as necessary.
[Amended 9-7-2022 by Ord. No. 2022-12]
B.
The official file shall include at least the following:
(1)
The original application signed by the employee;
(2)
Notes from any pre-employment 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 acknowledgment that the employee received a copy of the
employee Complaint Policy letter;
(5)
A signed acknowledgment that the employee has received the employee
handbook;
(6)
A signed acknowledgment 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 acknowledgment 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.
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 employee shall present the complaint
to his or her supervisor/department head, who must report all written
or verbal complaints to the Administrative Officer, unless the complaint
is against the Administrative Officer, in which event such complaint
shall be reported to the governing body's liaison to the appropriate
Borough department. Upon receipt of the complaint, the supervisor/department
head/governing body's liaison to the appropriate Borough department
will determine if the complaint was made pursuant to the General Anti-Harassment
Policy,[1] the Anti-Sexual Harassment Policy,[2] the Whistle-Blower Policy,[3] 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 supervisor/department
head/governing body's liaison to the appropriate Borough department
will interview the employee. If the employee is reluctant to sign
a written complaint, the 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. In
the event a complaint is against the employee's supervisor/department
head, the complaint shall be filed with the Administrative Officer
and/or the governing body's liaison to the appropriate Borough
department, who shall refer the complaint to the governing body's
Finance Committee for investigation and resolution in accordance with
this policy.
[Amended 9-12-2018 by Ord. No. 2018-14; 9-7-2022 by Ord. No. 2022-12]
C.
Investigation. The investigating person/entity will seek the advice
of the Borough Labor Counsel when planning the investigation. 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 investigating person/entity
will discuss the conclusions with the Borough Labor Counsel 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
Borough 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 investigating
person/entity shall refer the matter to the governing body, which
will formulate a corrective action plan as well as possible disciplinary
action, with the advice of Borough Labor Counsel. 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.
[Amended 9-7-2022 by Ord. No. 2022-12]
A.
Inquiries and written requests for references or employment verification
regarding a current or former employee must be referred to the Administrative
Officer. No employee may issue a reference letter without the permission
of the Administrative Officer. Under no circumstances should any information
be released over the phone.
B.
In response to a request for information, the Administrative Officer
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:
A.
The Borough will arrange for employment practices seminars at least
annually to train all managerial/supervisory personnel. The Borough
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 Borough 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.
