[Adopted 12-17-1997 by Ord. No. 33-97]
It is the general personnel policy of the Borough
of Maywood and of its employees:
A.
To seek and obtain for each position to be filled
the highest type and best qualified person available.
B.
To provide for all employees the best possible direction,
leadership, supervision, guidance, instruction and working conditions.
C.
To base promotion and job security on ability, performance,
experience, character, integrity, interest and personality.
[Amended 4-14-1998 by Ord. No. 5-98]
D.
To make the best possible use of employees' skills
and abilities in order to have each job performed by the best qualified
person.
E.
To first consider qualified Borough personnel for
promotion whenever there is an opportunity for advancement (to be
posted).
F.
To treat every employee with the justice, respect,
courtesy and consideration properly due him.
G.
To expect and require every employee consistently
to do the best work for which he/she is capable.
H.
To be loyal and conscientious at all times.
I.
To conduct themselves in a proper manner.
J.
To treat all with whom they come in contact with the
same consideration and courtesy that he/she could reasonably expect
from them.
K.
To urge the self-betterment of every employee.
L.
To encourage him/her to study and seek all possible
means of increasing his/her value, both to his/her community and to
himself/herself.
M.
To pay fair and adequate salaries for each position
and in return to expect and require a consistently good job from the
employee.
N.
To impress on all employees that at all times they
are serving and responsible to the citizens and taxpayers of their
community and the general public.
O.
To inculcate and to maintain in every employee of
the Borough of Maywood a feeling of pride in himself/herself and in
his/her employer, as well as job satisfaction, because he/she serves,
lives in and is an important part of the finest community in the State
of New Jersey.
A.
It is the policy of the Borough of Maywood to ensure
equal employment opportunity for all persons exists within Borough
government regardless of religion, creed, ethnic heritage, race, national
origin, age, disability, affectional or sexual orientation, gender
identity or expression, marital status, domestic partnership status,
civil union status, familial status, atypical hereditary cellular
or blood trait of an individual, genetic information, or because of
the refusal of the employee to submit to a genetic test or make available
the results of a genetic test to an employer, because of the liability
for service in the Armed Forces of the United States or the nationality
of any individual, or other status that is protected by state or federal
law.
[Amended 6-5-2008 by Ord. No. 15-08]
B.
Age may be a factor for employment only where and
when it is a valid occupational requirement as determined by law.
C.
This policy shall apply to all phases of employment,
including but not limited to recruitment, selection, appointment,
placement, promotion, demotion, transfer, training, wages, benefits,
working conditions, layoff, recall, discharge, disciplinary action,
performance evaluation and use of all municipal facilities.
A.
The Borough of Maywood will provide workmen's compensation
as required by state law for all employees.
B.
Any time an accident or injury occurs while on the
job, an employee shall report the incident to his/her supervisor,
immediately, no matter how small the accident and/or injury. In addition,
an accident report is to be completed and given to the department
head and/or the Borough Clerk, immediately, after the accident and/or
injury.
C.
The department head or supervisor of a department,
or portion thereof, will transmit the accident report and/or injury
form to the Borough Clerk within 24 hours after the accident and/or
injury.
D.
Employees who suffer job-related injuries and illnesses may be entitled
to medical expenses, lost income and other compensation under the
New Jersey Workers Compensation Act. The Borough of Maywood covers
workers' compensation benefits through its membership in the South
Bergen Joint Insurance Fund with a self-insurance plan.
[Amended 5-13-2014 by Ord. No. 4-14]
(1)
Any occupational injury or illness must be immediately reported to
the supervisor or department head. All required medical treatment
must be performed by a workers' compensation physician appointed by
the South Bergen Joint Insurance Fund on behalf of the Borough of
Maywood and payment for unauthorized medical treatment may not be
covered pursuant to the Act.
(2)
Unless explicitly provided for in a bargaining agreement, the Borough
will only pay, either directly or through its workers' compensation
insurer, those benefits that are specifically provided for under the
Workers' Compensation Act and will not supplement these benefits with
additional benefits pursuant to NJSA 11A:6-8.
A.
The Borough of Maywood encourages employees to receive
job-related training and education through attendance at college courses,
seminars and professional conferences directly related to their positions
with the Borough.
B.
No employee will register for a course which conflicts
with the employee's working hours without prior approval of the Borough
Administrator. It is not the intent to discourage education during
operating hours of the Borough. However, there are simply not enough
other employees available to handle the workload during operating
hours when an employee interested in a day-time class desires time
off for it.
C.
Employees requiring special consideration to fulfill
required courses for an advanced degree relating to their Borough
employment shall request approval from the Borough Administrator.
Prior to enrolling or registering in any class, seminar, conference,
etc., the employee must first receive approval from the Borough Administrator
if the employee will be applying for time off with pay to attend the
training or education and reimbursement of the cost of said class,
seminar, conference, etc.
A.
The Borough of Maywood will be considered a "drug-free
workplace.” The unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance or unlawful drug is prohibited
in the Borough of Maywood workplace. Employees who are found to be
involved in the manufacture, distribution, dispensing, possession
or use of a controlled substance or unlawful drug at the workplace
of the Borough of Maywood will be subject to disciplinary action and
criminal prosecution.
B.
Any employee who is convicted of a violation of a
criminal drug statute away from the workplace of the Borough of Maywood
must notify the Borough of Maywood of the conviction, in writing,
within five days of such a conviction. The Borough of Maywood will
inform all employees of its "drug-free workplace" policy when they
are hired and periodically thereafter.
C.
The Borough of Maywood will establish a drug-free
awareness program to inform employees about: 1) the dangers of drugs
and abuse; 2) the Borough's policy of maintaining a drug-free workplace;
3) available drug counseling, rehabilitation and employee assistance
programs; and 4) the penalties that may be imposed upon employees
for drug use and abuse violations occurring in the workplace.
D.
The Borough of Maywood will also provide information
regarding any assistance programs employees may desire information
about dealing with tobacco, alcohol, and gambling use and abuse. The
use of alcohol or the act of serious gambling will not be tolerated
at the Borough of Maywood by employees during their employment and
will be the subject of disciplinary action. A simple ball game “pool”
is not considered serious gambling.
[Amended 4-10-2012 by Ord. No. 1-12]
The Mayor and Council members of the Borough of Maywood declare
that an antinepotism policy should be enacted. This policy is not
for the purpose of depriving any citizen of an equal chance for government
employment but is solely to eliminate the potential for preferential
treatment of relatives of government personnel.
A.
CONTRACTORS
ELECTED OFFICIAL
FAMILY MEMBER or RELATIVE
SUPERVISOR
TEMPORARY AND SEASONAL EMPLOYMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Contractors, independent contractors, sub-contractors; vendors,
professionals appointed pursuant to the fair and open process or the
non-fair and open process or person, persons or business working for
the Borough whose employment is limited in scope or duration to a
specific project with the Borough and subject to either a bid proposal
or a solicitation of quotes. (Examples would include, but not be limited
to; road projects; construction projects; projects.) Employment with
contractors shall be considered, for the purpose of this section,
as employment with the Borough.
Persons holding the position of either Mayor or Council member
of the Borough of Maywood.
Refers to: spouse; child; parent; sibling; grandparent; grandchild;
father-in-law; mother-in-law; brother-in-law; sister-in-law; stepfather;
stepmother; stepsibling; half-brother; half-sister; nephew; niece;
first cousins; aunt; uncle; foster children; domestic partner or cohabitants
as defined by the New Jersey Civil Union Act.[1]
Any employee of the Borough of Maywood having supervisory
duties and powers over another employee or employees within the respective
Department of the Borough.
Employment that is utilized to address short-term needs of
the Borough. Such employees are not to be considered full-time employees
of the Borough. Such employment is temporary in nature to address
the needs of the season and/or of specific short-term endeavors (less
than six months).
[1]
Editor's Note: See N.J.S.A. 37:1-28 et seq.
B.
Hiring and supervision of employees.
(1)
No person who is a relative or family member of any elected official
of the Borough shall be considered for employment as an employee of
the Borough. This applies to full-time and part-time employment. This
shall not restrict nor prohibit the continued employment of individuals
to a position or positions with the Borough where a relative of a
permanent employee is elected after the date of the permanent employee's
start date of employment with the Borough.
(2)
No elected official can serve as liaison to any department that employs
any member of that elected official's family.
(3)
No municipal employee shall be in a position that provides supervision
over a member of his or her family. This precludes the acceptance
of applications for full-time and part-time employment from relatives
for positions in the same department where supervision conflicts exist
or through promotion, potential conflict could exist. This policy
does not apply to present employees of the Borough.
(4)
These policies are not for the purpose of depriving any citizen of
an equal chance for a government job, but solely to eliminate the
potential for preferential treatment of the relatives of government
personnel or elected officials. These policies will not deprive any
permanent employee as of the date of these policies of any promotional
right in the normal career development nor change the existing status
of any permanent employee. None of these policies apply to any unpaid
volunteer positions or to any temporary or seasonal employee.
C.
Promotion of existing employees. No elected official or supervisor
may participate in the promotion process, or any other personnel matter,
of any existing municipal employee who is a relative or family member
of such elected official or supervisor.
D.
Appointments. No relative or family member of an elected official
shall be appointed to the position of any municipal professional who
receives compensation or to any board or commission which has more
than an advisory role and/or one in which the members receive compensation.
A.
No act of violence against a fellow employee or other
individual by an employee will be tolerated by the Borough of Maywood
except in self defense or defense of others when confronted by physical
force likely to result in death or serious bodily injury. An act of
violence will constitute grounds for dismissal of the employee perpetrating
the act.
B.
Documented and proven theft of Borough of Maywood
property and/or property of others by an employee will not be tolerated
by the Borough of Maywood. Such action will constitute grounds for
dismissal of the employee involved.
C.
Convictions for violations of law by an employee of
the Borough of Maywood may be the subject of disciplinary action,
suspension and termination of the employee.
Borough of Maywood employees are required to
present themselves in a neat and orderly business manner and to dress
appropriately for the work they perform. Those employees provided
an allowance for purchase of work uniforms, clothing or garb must
wear the uniform, clothing or garb during hours of employment with
the Borough.
A.
Employee safety and health are of major concern to
the Borough of Maywood. It is essential that duties be performed in
a safe and injury-free manner for the protection and welfare of all
employees. Safety equipment and garb issued to and for the use of
employees must be worn on the job as appropriate and necessary. Failure
to use safety equipment and garb will result in disciplinary action
for an employee and, where appropriate, his/her supervisor.
B.
The Borough of Maywood will maintain conditions and
enforce requirements in accordance with the safety provisions of both
the New jersey Department of Health and the New Jersey Department
of Labor.
[Amended 4-14-1998 by Ord. No. 5-98; 1-26-2021 by Ord. No. 2-21]
A.
Employees and/or volunteers are responsible for taking care of any
equipment assigned to them. Employees and/or volunteers of the Borough
of Maywood shall not remove or in any way assist in the removal of
supplies, materials, goods, equipment or other property belonging
to the Borough from its offices, unless such removal has been authorized
by the Borough Administrator.
B.
Employees and/or volunteers are not to use equipment, supplies, goods,
property, postage, or any other material or services of the Borough
for personal use.
C.
Unauthorized use or removal of municipal equipment, supplies, goods,
property, etc., shall be cause for loss of equipment use privileges,
disciplinary action and/or removal from employment.
D.
Use of municipal vehicles.
(1)
Municipal vehicles are to be used only for official business of the
Borough of Maywood. Personal use of municipal vehicles is prohibited
and shall be cause for the loss of vehicle privileges, disciplinary
action and/or removal from employment.
(2)
Only authorized municipal personnel or persons conducting business
with the Borough may be transported in municipal vehicles.
(3)
Unassigned Borough vehicles may only be used within the Borough of
Maywood and within any contiguous municipality for which there exists
a Mayor and Council approved mutual aid agreement.
(4)
Permanently assigned vehicles including those vehicles assigned to
the Fire Department command personnel may be driven to and from the
assignee's home and regular place of business as long as such business
is within the State of New Jersey. The vehicle may not be used in
the course of the assignee's regular business.
(5)
Except as stated in Subsection D(4) above, permanently assigned vehicles should only be used for official business within the Borough of Maywood and within any contiguous municipality for which there exists a Mayor and Council approved mutual aid agreement. Only officials of the Borough, members of the Fire Department and those having official business with the Borough may travel within these vehicles. Transporting of the immediate family members of the assignee in the vehicle is permitted on a limited basis and may only occur within the Borough and contiguous mutual aid zone. Transporting of guests in the vehicle is permitted when the vehicle is taking part in a Mayor and Council sanctioned special event/parade within the Borough and contiguous mutual aid zone.
(6)
Any person utilizing a Borough vehicle or a permanently assigned
Borough vehicle wishing to use such vehicles to attend to official
business, including attending training or other special events, outside
of the Borough/contiguous mutual aid zone must submit in writing (e-mail
acceptable) a request to use the vehicle to the Borough Mayor and
Council for approval.
(7)
In the event of an emergent situation, deviation from this policy
shall only be permitted with explicit permission granted by the Mayor,
the Borough Administrator, and/or the Borough Councilperson serving
as the liaison/Commissioner assigned to the respective Borough department.
(8)
Drivers utilizing Borough vehicles are responsible for ensuring that
the vehicles are kept clean, in good operating condition, and are
serviced in accordance with preventative maintenance schedules. Vehicles
known to have mechanical problems that would jeopardize the safety
and health of employees and/or volunteers and/or others should be
immediately taken out of service and brought to the maintenance shop
of the Borough for repair. Appropriate department heads should be
immediately advised of the non-use of the vehicles involved.
(9)
Any employee or volunteer whose duties require the regular operation
of a motor vehicle or who has been assigned a Borough vehicle shall
maintain in force the appropriate motor vehicle license, and consent
to the periodic and/or random verification of the employee's license
status.
(10)
Any employee or volunteer who duties require the regular operation
of a motor vehicle or who has been assigned a Borough vehicle who
has had his/her license revoked or suspended must notify the Borough
Administrator immediately upon their notice of revocation or suspension.
(11)
Any employee or volunteer who has been permanently assigned
a Borough vehicle is required to maintain motor vehicle insurance
as defined in N.J.S.A. 39:6B-1 et seq. In the event of an accident,
the employee or volunteer or household member in the vehicle shall
be bound to any limits of insurance coverage contained within their
own policy.
A.
When an employee has been authorized by a department
head or the Borough Administrator to use his/her vehicle on Borough
business, said employee shall be reimbursed for vehicle mileage at
the rate set by the Internal Revenue Service annually known as the
"optional standard mileage rates." Any charges for tolls and parking
shall be in addition to the mileage.
[Amended 2-25-2014 by Ord. No. 1-14]
B.
Employees shall be reimbursed for mileage following
the submission of an expense voucher that details the actual number
of miles traveled, the purpose of the trip, and the date. Any toll
and parking receipts are to be attached to the voucher.
C.
Municipal vehicles are to be used only for official
business of the Borough of Maywood. Personal use of municipal vehicles
is prohibited and shall be cause for disciplinary action and/or removal
from employment. Only authorized municipal personnel or persons conducting
business with the Borough may be transported in municipal vehicles.
The Borough Administrator may create an exception to this policy.
[Amended 4-14-1998 by Ord. No. 5-98; 5-13-2014 by Ord. No.
4-14]
A.
The Borough of Maywood officials and employees can
be provided funds which are appropriated and available from the current
year budget for conventions, meetings, seminars and conferences in
the State of New Jersey. Officials and employees may attend these
functions, provided they are provided information which is specific
to the operation of the local Borough of Maywood government, subject
to the approval of the Borough Administrator or, in the case of the
Borough Administrator, the Mayor and Council.
B.
All authorized Borough representatives shall be reimbursed for expenses incurred in accordance with “reimbursement of expenses" policy outline in § 52-73 hereof. An expense voucher with supporting documentation must be submitted to the Borough Administrator in order for reimbursement to be made.
[Amended 4-14-1998 by Ord. No. 5-98]
A.
It will be the responsibility of the Borough Administrator
to ensure all employees of the Borough have a complete and accurate
job description of their expected duties made available to them. The
Borough Administrator will solicit assistance from the department
heads and supervisors in preparation of any job description that describes
a new position or a position that presently exists but has not been
previously described.
B.
A copy of each employee's job description will be
provided to the respective employee and also filed in the official
personnel folder of the employee.
[1]
Editor's Note: Former § 52-72, Performance evaluations,
was repealed 3-12-2019 by Ord. No. 2-19.
All employees must receive authorization from
their immediate supervisor to expend cash for Borough supplies, materials,
services, attendance at meetings on Borough business, etc. Once authorized,
the expenditure of cash by an employee will be reimbursed for legitimate
expenses, provided the employee presents a detailed receipt, expense
voucher and/or other supporting document.
A.
Information regarding employment, references, salaries,
positions of employment, length of employment, and related information
will only be furnished to authorized persons, institutions or agencies
with the expressed written consent of the employee.
B.
This information will be recorded and placed in the
official personnel folder of the employee and access to it must be
approved by the Borough Clerk and/or the Borough Administrator, in
his/her absence. As a general rule, no one will have access to any
information in official personnel folders of employees, except the
specific employee and the Borough Clerk and/or Borough Administrator
for official business purposes only. The employee can review the information
in his/her official personnel folder annually, but only in the presence
of the Borough Clerk and/or Borough Administrator.
C.
The Borough of Maywood, specifically the Borough Clerk
and/or Borough Administrator, will only confirm an employee's employment
in response to a telephone request. Requests for additional information
must be in writing and will only be given out to appropriate entities
such as lending institutions, potential employers, educational institutions,
etc.
D.
Requests for information about past employees of the
Borough will be brought to the attention of the Borough Clerk or the
Borough Administrator. Information provided those inquiring regarding
past employees will be limited to confirmation of their employment,
their positions of employment held and the time frames involved with
each position.
E.
Access to personnel files policy.
[Added 4-10-2012 by Ord. No. 4-12]
(1)
The official personnel file for each employee shall be maintained
by the Borough Administrator and/or Borough Clerk. Personnel files
are confidential records that must be secured in a locked cabinet
and will only be available to authorized managerial and supervisory
personnel on a need-to-know basis. Records relating to any medical
condition will be maintained in a separate file. Electronic personnel
and medical records must be protected from unauthorized access. Upon
request, employees may inspect their own personnel files at a mutually
agreeable time on the Borough premises in the presence of the Borough
Administrator and/or Borough Clerk or a designated supervisor. The
employee will be entitled to see any records used to determine his
or her qualification for employment, promotion or wage increases and
any records used for disciplinary purposes. Employees may not remove
any papers from the file. Employees will be allowed to have a copy
of any document they have signed relating to their obtaining employment.
Employees may add to the file their versions of any disputed item.
(2)
Personnel files do not contain confidential employee medical information.
Any such information that the Borough may obtain will be maintained
in separate files and treated at all times as confidential information.
Any such medical information may be disclosed under very limited circumstances
in accordance with any applicable legal requirements.
(3)
The Borough endeavors to maintain the privacy of personnel records.
There are limited circumstances in which the Borough will release
information contained in personnel or medical records to persons outside
the Borough. These circumstances include:
(a)
In response to a valid subpoena, court order or order of an
authorized administrative agency;
(b)
To an authorized governmental agency as part of an investigation
of the Borough's compliance with applicable law;
(c)
To the Borough's agents and attorneys, when necessary;
(d)
In a lawsuit, administrative proceeding, grievance or arbitration
in which the employee and the Borough are parties;
(e)
In a workers' compensation proceeding;
(f)
To administer benefit plans;
(g)
To an authorized health care provider;
(h)
To first aid or safety personnel, when necessary; and
(i)
To a potential future employer or other person requesting a
verification of your employment as described in the following section
titled, "Requests for Employment Verification and Reference Procedure."
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Preamble. In compliance with the Americans with Disabilities
Act, the ADA Amendments Act and the New Jersey Law Against Discrimination,
as amended by the New Jersey Pregnant Workers Fairness Act (LAD),[2] the Borough does not discriminate based on disability,
pregnancy, pregnancy-related medical condition or childbirth. 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,
as well as the ADA Amendments Act.
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It is the policy of the Borough to comply with all relevant
and applicable provisions of the Americans with Disabilities Act,
the ADA Amendments Act and LAD. We will not discriminate against any
employee or job applicant with respect to any terms, conditions, or
privileges of employment on the basis of a known or perceived disability,
pregnancy, childbirth, breastfeeding, or pregnancy-related medical
condition. We will also make reasonable accommodations to known physical
or mental limitations of all employees and applicants with disabilities
or pregnant, provided that the individual is otherwise qualified to
safely perform the essential functions of the job and also provided
that the accommodation does not impose undue hardship on the Borough.
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The Borough Administrator shall engage in an interactive dialogue
with disabled/pregnant employees and prospective disabled/pregnant
employees to identify reasonable accommodations or their respective
physician. In the case of an employee breastfeeding her infant child,
the accommodation shall include reasonable break time each day to
the employee and a suitable room or other location with privacy, other
than a toilet stall, in close proximity to the work area for the employee
to express breast milk for the child.
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All decisions with regard to reasonable accommodation shall
be made by the Borough Administrator. Employees who are assigned to
a new position as a reasonable accommodation will receive the salary
for their new position. The Americans with Disabilities Act does not
require the Borough to offer permanent "light duty," relocate essential
job functions, or provide personal use items such as eyeglasses, hearing
aids, wheelchairs, etc.
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Employees should also offer assistance, to the extent possible,
to any member of the public who requests or needs an accommodation
when visiting Borough facilities. Any questions concerning proper
assistance should be directed to the Borough Administrator.
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A.
The Americans With Disabilities Act became effective
for the Borough of Maywood on June 26, 1992, and provides direction
to the Borough operations as follows:
(1)
Title I: Nondiscrimination in employment practices
regarding individuals with disabilities.
(2)
Title II: Nondiscrimination regarding the disabled
in state and local services.
(3)
Title III: Nondiscrimination regarding the disabled
in public accommodations and in community facilities.
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It is the policy of the Borough of Maywood to
follow all provisions and directive of the Americans With Disabilities
Act and to be in complete compliance with the Act.
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B.
No individuals will be discriminated against regarding
his or her employment with the Borough of Maywood due specifically
and solely to their physical, mental or other disability. However,
there may be special conditions which relate to specific duties of
certain classifications of employment which will prevent individuals
with disabilities from completing successfully all duties of specific
positions. These limitations would prevent the employment in the specific
position of individuals with specific disabilities as they could not
complete all duties the position required.
C.
The Americans With Disabilities Act prohibits employment
discrimination against qualified individuals with disabilities who
meet the skills, experience, education, and other job-related requirements
of a position held or desired and who, with or without reasonable
accommodations, can perform the essential functions of a job.
D.
Individuals who use drugs, are homosexual or bisexual
are not necessarily disabled. Individuals with some behavioral disorders
are not disabled.
E.
A disabled individual is one who has a physical or
mental impairment that substantially limits major life activities,
when there is a record of such disability or the individual is generally
regarded to have such a disability.
F.
The Borough of Maywood will not discriminate regarding
employment practices against any individual by:
(1)
Limiting, segregating or classifying a job applicant
or employee in a way that adversely affects employment opportunities
for the applicant or employee because of his or her disability.
(2)
Participating in a contractual or other arrangement
or relationship that subjects the Borough's qualified applicant or
employee with a disability to discrimination.
(3)
Denying employment opportunities to a qualified individual
because he/she has a relationship or association with a person with
a disability.
(4)
Refusing to make reasonable accommodation to the known
physical or mental limitations of a qualified applicant or employee
with a disability, unless the accommodation would pose an undue hardship
on the Borough.
(5)
Using qualification standards, employment tests, or
other selection criteria that screen out or tend to screen out an
individual with a disability unless they are job-related and necessary
in work performance for the Borough.
(6)
Failing to use employment tests in the most effective
manner to measure actual abilities. Tests must accurately reflect
the skills, aptitude or other factors being measured and not the impaired
sensory, manual, or speaking skills of an employee or applicant with
a disability (unless those are the skills the test is designed to
measure).
(7)
Discriminating against an individual because he/she
has opposed an employment practice of the Borough or filed a complaint,
testified, assisted, or participated in an investigation, proceeding,
or hearing to enforce provisions of the Americans With Disabilities
Act.
G.
The Borough may require that specific tasks of a particular
position be performed by prospective applicants or employees for job
openings. If an applicant or employee cannot clearly perform those
duties due to a disability, without the Borough modifying the duties,
equipment used, facilities, etc., under "undue hardship” to
the Borough, the Borough may disqualify the disabled individual from
consideration of employment because of nonperformance of job functions.
H.
Qualified individuals with disabilities shall not
be discriminated against on the basis of their disability regarding
services, programs, activities, etc. provided by the Borough of Maywood.
I.
As the facilities owned, leased and operated by the
Borough of Maywood are to provide all services, programs, activities,
etc. to the general public and are places of "public accommodation,"
the Borough will provide access to its facilities to qualified individuals
with disabilities or shall otherwise provided such services, programs
and activities.
J.
Contagious or life-threatening illnesses policy:
(1)
The Borough of Maywood encourages employees with contagious
diseases or life-threatening illnesses to continue their normal pursuits,
including work, to the extent allowed by their condition. The Borough
of Maywood shall make reasonable accommodations to known physical
and mental limitations of all employees, provided that the individual
is otherwise qualified to safely perform the essential functions of
his/her job, and also provided that the accommodation does not impose
an unreasonable hardship on the Borough of Maywood.
(2)
The Borough of Maywood will take reasonable precautions
to protect such information from inappropriate disclosure, including
the following:
(a)
Medical information may be disclosed with the
prior written informed consent of the person who is the subject of
the information.
(b)
Information may be disclosed without the prior
written consent to qualified individuals for the purpose of conducting
management audits, financial audits and program evaluations, but these
individuals shall not identify, either directly or indirectly, the
person who is the subject of the record in a report or evaluation
or otherwise disclose the person’s identity in any manner. Information
shall not be released to these individuals unless it is vital to the
audit or evaluation.
(c)
Information may be disclosed to the Department
of Health as required by state or federal law.
(3)
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.
[Added 4-14-1998 by Ord. No. 5-98]
A.
ADA
AGENCY
DESIGNATED DECISION MAKER
Definitions. The following words and terms, as used
in this chapter, shall have the following meanings, unless the context
clearly indicates otherwise.
The Americans with Disabilities Act, 42 U.S.C.A. 2 12101
et seq.
The Borough of Maywood.
The Mayor and Council of the Borough of Maywood or its designee.
B.
Purpose.
(1)
This section is adopted by the Borough in satisfaction
of the requirements of the ADA and regulations promulgated pursuant
thereto, 28 C.F.R. § 35.107.
(2)
The purpose of this section is to establish a designated
coordinator whose duties shall include assuring that the Borough complies
with and carries out its responsibilities under the ADA. Those duties
shall also include the investigation of any complaint filed with the
Borough.
C.
Required ADA notice. In addition to any other advice,
assistance or accommodation provided, a copy of the following notice
shall be given to anyone who inquires regarding the Borough's compliance
with the ADA or the availability of accommodation that would allow
a qualified individual with a disability to receive services or participate
in a program or activity provided by the agency:
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NOTICE OF ADA PROCEDURE
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The Borough of Maywood has adopted an internal
grievance procedure providing for prompt and equitable resolution
of grievances alleging any action prohibited by the U.S. Department
of Justice regulations implementing Title 11 of the Americans with
Disabilities Act. Title 11 states, in part, that "no otherwise qualified
disabled individual shall, solely by reason of such disability, be
excluded from participation in, be denied the benefits of or be subjected
to discrimination" in programs or activities sponsored by a public
entity.
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The internal grievance procedure can be found
in the Borough Code, § 52-97. Grievances should be addressed
to the Borough's designated ADA Coordinator, who has been designated
to coordinate ADA compliance efforts, at the following address:
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Borough Administrator
A.D.A. Coordinator
Borough of Maywood
459 Maywood Avenue
Maywood, New Jersey
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(1)
A grievance may be filed in writing or orally, but
should contain the name and address of the person filing it and briefly
describe the alleged violation. A form for this purpose is available
from the designated ADA Coordinator. In cases of employment-related
grievances, the procedures established by the Borough's Administrative
Code will be followed where applicable.
(2)
A grievance should be filed promptly within 30 days
after the grievant becomes aware of the alleged violation. (Processing
of allegations of discrimination that occurred before this grievance
procedure was in place will be considered on a case-by-case basis.)
(3)
An investigation, as may be appropriate, will follow
the filing of a grievance. The investigation will be conducted by
the designated ADA Coordinator. The ordinance contemplates informal
but thorough investigations, affording all interested persons and
their representatives, if any, an opportunity to submit evidence relevant
to a grievance.
(4)
In most cases a written determination as to the validity
of the grievance and a description of the resolution, if any, will
be issued by the designated decision maker and a copy forwarded to
the grievant no later than 45 days after its filing.
(5)
The ADA Coordinator will maintain the files and records
of the Borough relating to the grievances filed.
(6)
The right of a person to a prompt and equitable resolution
of the grievance filed hereunder will not be impaired by the person's
pursuit of other remedies such as the filing of an ADA grievance with
the responsible federal department or agency or the New Jersey Division
on Civil Rights. Use of this grievance procedure is not a prerequisite
to the pursuit of other remedies.
(7)
This section will be construed to protect the substantive
rights of interested persons, to meet appropriate due process standards,
and to assure that the agency complies with the ADA and implementing
federal rules.
D.
Designated ADA Coordinator.
(1)
The designated coordinator of ADA compliance and complaint
investigation for the Borough is:
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Borough Administrator
A.D.A. Coordinator
Borough of Maywood
459 Maywood Avenue
Maywood, New Jersey
|
(2)
All inquiries regarding the Borough's compliance with the ADA and the availability of any accommodation that would allow a qualified individual with a disability to receive services or participate in a program or activity provided by the Borough should be directed to the designated coordinator identified in Subsection D(1) above.
E.
Grievance procedure. A grievance alleging that the
Borough has failed to comply with the ADA or has acted in a way that
is prohibited by the ADA shall be submitted either in writing or orally
to the designated ADA Coordinator within 30 days of the grievant becoming
aware of the alleged violation. A grievance alleging employment discrimination
will be processed pursuant to the Borough's Administrative Code, to
the extent applicable.
F.
Grievance contents.
(1)
A grievance submitted pursuant to this section may
be submitted in or on the form set forth at § 52-97G.
(2)
A grievance submitted pursuant to this section shall
include the following information:
(a)
The name of the grievant and/or any alternate
contact person designated by the grievant to receive communication
or provide information for the grievant;
(b)
The address and telephone number of the grievant
or alternate contact person; and
(c)
A description of the manner in which the grievant
alleges that ADA has not been complied with or has been violated,
including times and locations of events and names of witnesses, if
appropriate.
G.
Grievance form. The following form may be utilized
for the submission of a grievance pursuant to this section:
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Americans with Disabilities Act Grievance
Form
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Date:
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Name of grievant:
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Address of grievant:
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Telephone number of grievant:
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Name, address and telephone number of alternate
contact person:
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Where are you alleged to have been denied access?
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Department:
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Bureau or office:
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Location:
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Incident or barrier:
|
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Please describe the particular way in which
you believe you have been denied the benefits of any service, program,
or activity or have otherwise been subject to discrimination. Please
specify dates, times and places of incidents, and names and/or positions
of Borough employees involved, if any, as well as names, addresses,
and telephone numbers of any witnesses to any such incident. Attach
additional pages if necessary.
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Proposed access or accommodation:
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If you wish, describe the way in which you feel
access may be had to the benefits described above, or that accommodation
could be provided to allow access.
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A copy of the above form may be obtained by
contacting the designated ADA Coordinator.
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H.
Investigation.
(1)
Upon receipt of a grievance submitted pursuant to
this section, the designated ADA Coordinator will notify the grievant
of the receipt of the grievance and the initiation of an investigation
into the matter. The designated ADA Coordinator will also indicate
a date by which it is expected that the investigation will be completed,
which date shall not be later than 45 days from the date of receipt
of the grievance, if practicable or unless a later date is agreed
to by the grievant.
(2)
Upon completion of the investigation, the designated
ADA Coordinator shall prepare a report for review by the designated
decision maker for the Borough. The designated decision maker shall
render a written decision within 45 days of receipt of the grievance,
if practicable or unless a later date is agreed to by the grievant,
which decision shall be transmitted to the grievant and/or the alternate
contact person if so designated by the grievant.
[Added 4-14-1998 by Ord. No. 5-98]
A.
Introduction. The New Jersey Conscientious Employee
Protection Act ("CEPA"), N.J.S.A. 34:19-1 to 34:19-8, has been described
as one of the most far-reaching whistleblower statutes in the nation.
It applies to private sector, state, and local government employees.
Designed to protect employee "whistleblowers," the statute makes it
unlawful for employers to take adverse employment action against employees
who disclose, object to, or refuse to participate in certain actions
that the employees reasonably believe are either illegal or in violation
of public policy. Thus, employees who erroneously accuse their employers
of wrongdoing under CEPA are protected, so long as their belief is
reasonable.
B.
Protection for whistleblowers. Pursuant to CEPA, the
Borough will not take retaliatory action against an employee if the
employee does any of the following:
(1)
Discloses or threatens to disclose to a supervisor
or a public body an activity, policy, or practice of the employer
or another employer with whom there is a business relationship that
the employee reasonably believes is in violation of a law, or a rule
or regulation promulgated pursuant to law.
(2)
Provides information to or testifies before any public
body conducting an investigation, hearing, or inquiry into any violation
of law or a rule or regulation promulgated pursuant to law by the
employer or another employer with whom there is a business relationship.
(3)
Objects to or refuses to participate in any activity,
policy or practice which the employee reasonably believes:
C.
PUBLIC BODY
RETALIATORY ACTION
SUPERVISOR
Definitions. The following definitions apply to this
section:
The United States Congress; the state legislature, any popularly-elected
local governmental body, or any member or employee thereof; any federal,
state, or local judiciary (or member or employee thereof); any grand
or petit jury; any regulatory, administrative, or public agency or
authority (or instrumentality thereof); any law enforcement agency,
prosecutorial office, or police or peace officer; any department of
any executive branch of government; or any division, board, bureau,
office, committee, or commission of any of the foregoing.
Defined broadly as “discharge, suspension or demotion
of an employee, or other adverse employment action taken against an
employee in the terms and conditions of employment," N.J.S.A. 34:19-2(c).
Cf. Zamboni v. Stamler, 847 F. 2d 73, 82 (3d Cir.), cert. denied,
488 U.S. 899 (1988) (retaliation sufficient to maintain a public policy
claim under Pierce v. Ortho Pharmaceutical Corp., 84 N.J. 58 (1980)
is any "formal personnel actions that have an effect on either compensation
or job rank").
Any individual with an employer's organization who has the
authority to direct and control the work performance of the affected
employee, who has authority to take corrective action regarding the
violation of the law, rule or regulation of which the employee complains,
or who has been designated by the employer on the notice required
under N.J.S.A. 34:19-7. N.J.S.A. 34:19-2.d.
D.
Internal complaints/exhaustion.
(1)
To enjoy the protection of CEPA, an employee who intends
to report alleged wrongdoing to a public body must in normal circumstances
advise a supervisor, in writing, and give the supervisor a reasonable
opportunity to correct the problem. Internal reporting is not required
in emergency situations where the employee reasonably fears physical
harm or where the employee is reasonably certain that the practice
in question is already known to one or more supervisors.
(2)
Along with the requirement of making internal complaints
before going public comes additional protection for employees. Under
CEPA, several types of internal objections involving violations of
law or impacting public safety and welfare are protected.
(3)
Employers are specifically prohibited from retaliating
against any employee because the employee has disclosed or threatened
to disclose to a supervisor an activity, policy, or practice that
the employee reasonably believes is in violation of a law or rule
or regulation promulgated pursuant to law; has objected to or refused
to participate in any activity, policy or practice which the employee
reasonably believes is in violation of a law or a rule or regulation
promulgated pursuant to law; fraudulent; criminal; or incompatible
with a clear mandate of public policy concerning the public health,
safety, or welfare or protection of the environment. N.J.S.A. 34:19-3.
E.
Notice. Employers are required to post notices of
employees' rights and obligations under CEPA, and to "use other appropriate
means to keep their employees so informed." The notice must include
the name of a person designated to receive the internal complaint
required by N.J.S.A 34:19-4 to be made before making a report to a
public body. The Borough Administrator is designated as the person
to receive internal complaints.
F.
Procedure.
(1)
An employee or former employee may maintain a civil
action under CEPA in any court of competent jurisdiction. Suit must
be commenced within one year. There is a right to trial by jury.
(2)
The full panoply of tort damages is available, including
injunctive relief; reinstatement of a former employee to the same
or equivalent position; reinstatement of full fringe benefits and
seniority rights; compensation for lost wages and benefits; and punitive
damages. Costs and attorney's fees are available to both employees
and employers; however, an employer may not recover costs and fees
unless the court, on motion, "determines that [the] action brought
by an employee. . .was without basis in law or in fact." Employers
may also be subject to a civil fine of not more than $1,000 for their
first violation of CEPA and not more than $5,000 for each subsequent
violation. Such fines are to be paid to the State Treasurer for deposit
into the general fund.
(3)
CEPA specifically provides that it does not diminish
any rights employees may have under federal or state law or regulation
or under any collective bargaining agreement. However, once an action
is instituted under CEPA, the employee's rights and remedies under
any other contract, collective bargaining agreement, state law, rule
or regulation or under the common law will be deemed waived.
G.
Other retaliation against employees prohibited. The
Borough also will not retaliate against employees whose whistleblower
acts include:
(1)
Reporting child abuse. Individuals who in good faith
report alleged child abuse or neglect to the Division of Youth and
Family Services are specifically protected from retaliatory discharge
or any manner of discrimination with respect to "compensation, hire,
tenure or terms, conditions or privileges of employment." N.J.S.A.
9:6-8.13. An employee so aggrieved may file a cause of action in the
Family Part of the Chancery Division of the Superior Court, in either
the county in which the discrimination occurred or the county of his
residence. The statute specifically authorizes the award of "reinstatement
of employment with back pay or other legal or equitable relief."
(2)
Exercising rights granted by the Right to Know Law.
The Right to Know Law prohibits employers from discharging, disciplining,
penalizing, or otherwise discriminating against an employee because
the employee or his employee representative has exercised a right
under that law. Aggrieved employees may pursue an administrative remedy
by filing a complaint with the Commissioner of Labor, who, upon a
finding of cause for the complaint, may refer it to the Office of
Administrative Law (OAL) to be conducted as a contested case. No alternative
enforcement mechanism is provided in the statute.
(3)
Exercising rights under the Worker Health and Safety
Act. The Worker Health and Safety Act prohibits employers from discharging,
disciplining, or otherwise discriminating against an employee because
the employee has filed a complaint, instituted a proceeding, testified,
or exercised any right thereunder. N.J.S.A. 34:6A-45. An aggrieved
employee may bring an action in Superior Court against the person
alleged to have committed the violation but must do so within 180
days of gaining knowledge that the violation occurred. The Act specifically
provides that it is not to be deemed "to diminish the rights of any
employee under any law, rule or regulation or under any collective
negotiation agreement."
(4)
Exercising rights under the Law Against Discrimination.
The Law Against Discrimination makes it unlawful: For any person to
take reprisals against any person because he has opposed any practices
or acts forbidden under this act or because he has filed a complaint,
testified, or assisted in any proceeding under this act. N.J.S.A.
10:5-12(d).
(5)
Pursuing workers' compensation benefits. The Workers'
Compensation Law makes it unlawful to discharge or discriminate against
an employee because he has claimed or attempted to claim workers'
compensation benefits or because he has testified in any workers'
compensation proceeding.
(6)
Family Leave Act. The Family Leave Act ("FLA") makes
it unlawful for an employer to discharge or discriminate against an
individual for opposing a practice made unlawful by that statute.
The FLA also makes it unlawful for a person to discharge or discriminate
against an individual because he: a) has filed a charge or instituted
a proceeding related to the FLA; b) has given or is about to give
information in connection with an inquiry or proceeding relating to
a right provided by the FLA; or c) has testified or is about to testify
in an inquiry or proceeding related to a right provided by the FLA.
(7)
Asserting rights under the Minimum Wage Law. The Minimum
Wage Law mandates minimum wages and maximum hours of work, to promote
the health and well-being of employees and provide compensation fairly
and reasonably commensurate with the value of services rendered. It
is a violation of the law and a disorderly persons offense for an
employer to discharge or otherwise discriminate against an employee
because the employee: a) has made a complaint to his employer, the
Commissioner of Labor, the Director, or their representatives, that
he has not been paid wages in accordance with the Minimum Wage Law;
b) has instituted or is about to institute any proceedings under or
related to that law; or c) has testified or is about to testify in
any such proceedings; or d) has served or is about to serve on a wage
board.
(8)
Asserting rights under the Prevailing Wage Law. The
Prevailing Wage Law, N.J.S.A. 34:11-56.25, mandates minimum wage levels
on certain public works, designed to ensure that such public employees
receive compensation comparable to that enjoyed by union employees
in the private sector. It is a violation of the Prevailing Wage Law
and a disorderly persons offense for an employer to discharge or otherwise
discriminate against an employee because the employee: a) has made
a complaint to the employer, to the public body for which work is
being performed, or to the Commissioner of Labor that he has not been
paid wages in accordance with that law; b) has instituted or is about
to institute any proceeding under or related to that law; or c) has
testified or is about to testify in any proceeding under the law.
[Added 10-24-2000 by Ord. No. 16-00]
A.
Statement of policy.
(1)
It is the Borough's policy that violence or threats
of violence against or by its employees, contractors/vendors, members
of the public, or anyone while in the course of being served or present
at a Borough-controlled workplace, as defined herein, shall not be
tolerated, nor will the Borough tolerate any violence or threats of
violence against any Borough property or installation. Also, management,
at the request of an employee or at its own discretion, may prohibit
individuals, including employee family members, from visiting an employee
at the employee's assigned work location for reasons other than the
transacting of Borough-related business. This particularly applies
in cases where the employee believes that an act of violence may result
from an encounter with the individual. Management may also temporarily
delay services to members of the public displaying threatening behavior.
(2)
In keeping with this policy, the Borough will respond
to all acts of workplace violence, physical or verbal, which are brought
to the attention of management, in accordance with this policy.
B.
What is workplace violence? Workplace violence is
any physical force used to threaten, injure, or damage, as well as
any harassment or threats communicated in person, by letters or telephone,
or through any electronic medium. The act may be verbal, nonverbal,
or physical behavior that is threatening, intimidating, and harassing,
and may include property damage.
C.
What is considered the "workplace?" The workplace
is the physical area of operations, including buildings, grounds and
parking facilities provided for any Borough activity. It includes
any field location or site at which a Borough employee is engaged,
or authorized to engage, in work activity, including travel between
sites, and includes Borough programs occurring during or after normal
workday hours.
D.
Who is the appointing authority? The Mayor and Council
of the Borough of Maywood is the appointing authority.
E.
What is the Workplace Violence Crisis Action Team?
The Workplace Violence Crisis Action Team is made up of the Borough
Administrator, the Chief of Police, the Mayor and Council, and the
Borough Attorney.
F.
How is a workplace violence incident reported? All
acts of workplace violence, as defined above, shall be reported immediately
to the supervisor or manager for immediate response to the incident,
and then recorded by the manager on a security incident report form.
The form should then be reviewed by the Workplace Violence Crisis
Action Team. Periodically, workplace violence incidents will be analyzed
to identify vulnerabilities, trends, and to develop management strategies
to reduce risk of future workplace violence.
G.
How is workplace violence investigated?
(1)
It is essential that each and every incident of workplace
violence be thoroughly investigated by the individual designated by
the appointing authority. This individual will make recommendations
regarding the handling of a particular incident.
(2)
Upon completion of the investigation, a workplace
violence follow-up incident report form shall be completed by the
manager and then submitted to the Borough Administrator. A copy will
be sent to the appointing authority within 10 days of an incident
of workplace violence. Borough Administrator shall maintain all original
incident reports.
(3)
The Chief of Police should be called for assistance
during and after an incident if necessary and appropriate.
H.
How will information about an incident be communicated?
Dissemination of information regarding an incident shall be communicated
by one designated spokesperson only. The use of one person to report
information regarding an incident will avoid confusion and alleviate
inaccurate or misleading information from being reported, and it will
also control or eliminate confusion among employees. Therefore, employees
are asked to refrain from supplying any information to anyone without
first checking with the Borough Administrator or other designated
spokesperson.
I.
What are the consequences for those who commit workplace
violence?
(1)
Borough employees may be subject to disciplinary action,
up to and including termination.
(2)
Law enforcement will be contacted as necessary.
(3)
In addition to any other applicable civil or criminal
penalty, any employee convicted of a crime or offense that was committed
at the workplace may be subject to the provisions of the State Forfeiture
of Public Office Statute, N.J.S.A. 2C:51-2.
(4)
Any instance of violence in the workplace involving
individuals who are not employees of the Borough will be immediately
investigated and appropriate action will be taken: e.g., the offender
will be removed from the premises as quickly as safety permits, and
pending investigation of the incident, will be required to remain
off the premises and not be permitted to reenter, and may be temporarily
delayed in receiving any requested services and/or benefits.
(5)
Following an act of workplace violence, the Borough
may require an employee to submit to a medical or psychological evaluation.
[Added 12-4-2018 by Ord.
No. 12-18]
The Borough of Maywood is committed to the principle of equal
employment opportunity and anti-discrimination pursuant to Title VII
of the 1964 Civil Rights Act, as amended by the Equal Opportunity
Act of 1972,[2] and the New Jersey Law Against Discrimination, as amended
by the New Jersey Pregnant Worker's Fairness Act (LAD).[3] Under no circumstances will the Borough discriminate on
the basis of sex, race, creed, color, religion, national origin, ancestry,
age, marital or political status, affectional or sexual orientation,
domestic partnership status, civil union status, atypical heredity,
cellular or blood trait, genetic information, disability (including
AIDS or HIV infection), pregnancy (including pregnancy-related medical
condition), childbirth, breastfeeding, liability for service in the
United States Armed Forces, gender identity or expression, and/or
any other characteristic protected by law. Decisions regarding the
hiring, promotion, transfer, demotion or termination are based solely
on the qualifications and performance of the employee or prospective
employee. If any employee or prospective employee feels they have
been treated unfairly, they have the right to address their concern
with their supervisor, or, if they prefer, their department head,
the Borough Administrator or the Borough Attorney or the Borough's
Employment Attorney.
[Added 6-5-2008 by Ord. No. 15-08]
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 Borough Clerk a state-mandated disclosure
form. The Borough Clerk 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 Borough Administrator
or the Borough Attorney to obtain clarification.
D.
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 (CEO Title).
[Added 6-5-2008 by Ord. No. 15-08]
A.
Any employee whose work requires the operation of
Borough vehicles must hold a valid New Jersey State driver's license.
B.
All new employees who will be assigned work entailing
the operating of a Borough vehicle will be required to submit to a
Department of Motor Vehicles driving records check as a condition
of employment. A report indicating a suspended or revoked license
status may be cause to deny or terminate employment.
C.
Periodic checks of employees' drivers' licenses through
visual and formal Department of Motor Vehicles review checks shall
be made by supervisors. Any employee who does not hold a valid driver's
license will not be allowed to operate a Borough vehicle until such
time as a valid license is obtained.
D.
Any employee performing work which requires the operation
of a Borough vehicle must notify the immediate supervisor in those
cases where a license is expired, suspended or revoked and/or who
is unable to obtain an occupational permit from the State Department
of Licensing. An employee who fails to report such an instance is
subject to disciplinary action, including demotion or termination.
An employee who fails to immediately report such revocation or suspension
to his/her supervisor and continues to operate a Borough vehicle shall
be subject to possible termination.
E.
Any information obtained by the Borough in accordance
with this section shall be used by the Borough only for carrying out
its lawful functions and for other lawful purposes in accordance with
the Driver's Privacy Protection Act (18 U.S.C. § 2721 et
seq.).
[Added 6-5-2008 by Ord. No. 15-08]
The New Jersey Legislature has declared that
in all governmental buildings the rights of nonsmokers to breathe
clean air supersedes the rights of smokers. In accordance with state
law, the Borough has adopted a smoke-free policy for all buildings.
Borough facilities shall be smoke free and no employee or visitor
will be permitted to smoke anywhere in Borough buildings. Employees
are permitted to smoke only outside Borough buildings and such locations
as not to allow the reentry of smoke into building entrances. Smoking
inside vehicles owned by the Borough and near equipment that may be
sensitive to smoke is also prohibited. This policy shall be strictly
enforced, and any employee found in violation will be subject to disciplinary
action.
[Added 6-5-2008 by Ord. No. 15-08; amended 4-10-2012 by Ord. No.
4-12; 5-13-2014 by Ord. No. 4-14; 7-12-2016 by Ord. No. 15-16; 12-4-2018 by Ord. No. 12-18]
A.
The Borough's communication media are the property of the Borough
and, as such, are to be used for legitimate business purposes only.
For purposes of this communication media policy, "communication media"
includes all electronic media forms provided by the Borough, such
as cell phones, smartphones, computers, electronic tablets, access
to the Internet, voicemail, e-mail, and fax. Employees are restricted
from accessing or using the company's communication media for personal
purposes during company time on company equipment without prior authorization
from the Administration to do so.
B.
All data stored on and/or transmitted through communication media
is the property of the Borough. For purposes of this policy, "data"
includes "electronically stored files, programs, tables, databases,
audio and video objects, spreadsheets, reports and printed or microfiche
materials which serve a Borough business purpose, regardless of who
creates, processes or maintains the data, or whether the data is processed
manually or through any of the Borough's mainframe, midrange or workstations;
servers, routers, gateways, bridges, hubs, switches and other hardware
components of the Borough's local or wide-area networks."
C.
The Borough respects the individual privacy of its employees. However,
employee communications transmitted by the Borough's communication
media are not private to the individual. All communication media and
all communications and stored information transmitted, received, or
contained in or through such media may be monitored by the Borough.
The Borough reserves the absolute right to access, review, audit and
disclose all matters entered into, sent over, or placed in storage
in the Borough's communication media. By using the Borough's equipment
and/or communication media, employees consent to have such use monitored
at any time, with or without notice, by Borough personnel. The existence
of passwords does not restrict or eliminate the Borough's ability
or right to access electronic communications. However, pursuant to
New Jersey law, the Borough cannot require the employee to provide
the password(s) to his/her personal account(s).
D.
All e-mail, voicemail and Internet messages (including any technology-based
messaging) are official documents subject to the provisions of the
Open Public Records Act (N.J.S.A. 47:1A-1). Employees of the Borough
are required to use the assigned municipal e-mail account for all
Borough business and correspondence. The use of private e-mail accounts
for any Borough business or during business hours is strictly prohibited.
Employees are hereby advised that if they conduct work-related business
on their personal e-mails, cell phones, or other personal communication
media, it is also subject to the provisions of the Open Public Records
Act. However, nothing in this social media policy prevents employees
from using his/her own personal communication media during the employee's
nonworking hours to engage or participate in protected concerted activities
pursuant to the National Labor Relations Act.[1] Protected concerted activities include when an employee
addresses group concerns with the employer; forms, joins or helps
a labor organization; initiates, induces or prepares for group action;
or speaks on behalf of or represents other employees. Nevertheless,
employees are encouraged to resolve workplace grievances internally
by discussing issues with their supervisor and/or the Administration
and are asked to refrain from posting comments or materials on communication
media that can be viewed as malicious, obscene, threatening, intimidating,
or that could create a hostile work environment on the basis of race,
sex, disability, religion or any other status protected by law if
the employee chooses to address their grievances using communication
media.
[1]
Editor's Note: See 29 U.S.C. § 151 et seq.
E.
Employees can only use the Borough's communication media for legitimate
business purposes. Employees may not use Borough's communication media
in any way that is defamatory, obscene, or harassing or in violation
of any Borough rules or policy. Examples of forbidden transmissions
or downloads include sexually explicit messages; unwelcome propositions;
ethnic or racial slurs; or any other message that can be construed
to be harassment or disparaging to others based on their actual or
perceived age, race, religion, sex, sexual orientation, gender identity
or expression, genetic information, disability, national origin, ethnicity,
citizenship, marital status or any other legally recognized protected
basis under federal, state or local laws, regulations or ordinances.
Further, discriminatory remarks, harassment, bullying, threats of
violence and similar behavior that is not tolerated in the workplace
are also not acceptable through communication media, whether same
is performed on the Borough's equipment or on the employee's own personal
communication media.
F.
All employees who have been granted access to electronically stored
data must use a logon ID assigned by the Borough. Certain data, or
applications that process data, may require additional security measures
as determined by the Borough. Employees must not share their passwords,
and each employee is responsible for all activity that occurs in connection
with their passwords.
G.
Information security is necessary to protect the Borough's information
(data and software) from accidental or intentional unauthorized disclosure,
modification, or loss. Information security is managed under guidelines
dealing with identification, authentication, authorization, production
environment, and ability to audit. All employees should be familiar
with such security measures adopted by the Borough.
H.
All employees may access only data for which the Borough has given
permission. All employees must take appropriate actions to ensure
that Borough data is protected from unauthorized access, use or distribution
consistent with these policies. Employees may not access or retrieve
any information technology resource and store information other than
where authorized. All Borough data must be stored centrally as required
by the Borough. This provides greater security and ensures backup
of all Borough data is performed.
I.
Employees must not disable antivirus and other implemented security
software for any reason, in order to minimize the risk of introducing
computer viruses into the Borough's computing environment.
J.
Employees may not install, modify or remove any hardware device,
software application, program code, either active or passive, or a
portion thereof, without the express written permission from the Borough.
Employees may not upload, download, or otherwise transmit commercial
software or any copyrighted materials belonging to parties outside
of the Borough or licensed to the Borough. Employees shall observe
the copyright and licensing restrictions of all software applications
and shall not copy software from internal or external sources unless
legally authorized. Workstation settings and configurations and network
settings must not be modified by unauthorized employees. Internet
security settings (where applicable) must not be changed. The foregoing
includes but is not limited to the systems network ID (or computer
name), IP address, gateway and DNS addresses, etc.
K.
Social media and its uses in government and daily life are expanding
each year; however, information posted on a website is available to
the public; therefore, employees must adhere to the following guidelines
for their participation in social media. Only those employees directly
authorized by the Administration may engage in social media activity
during work time through the use of the Borough's communication media
as it directly relates to their work and it is in compliance with
this policy.
L.
Employees must not reveal or publicize confidential Borough information.
Confidential, proprietary or sensitive information may be disseminated
only to individuals with a need and a right to know and where there
is sufficient assurance that appropriate security of such information
will be maintained. Such information includes, but is not limited
to, the transmittal of personnel information, such as medical records
or related information. In law enforcement operations, confidential,
proprietary or sensitive information also includes criminal history
information, confidential informant identification, and intelligence
and tactical operations files.
M.
No Borough employee shall post internal working documents to social
media sites. This includes, but is not limited to, screenshots of
computer stations, pictures of monitors and/or actual documents themselves
without the prior approval of the Borough Administrator. In addition,
employees are prohibited from releasing or disclosing any photographs,
pictures, digital images of any crime scenes, traffic crashes, arrestees,
detainees, people or job-related incident or occurrence taken with
the Borough's communication media to any person, entity, business
or media or Internet outlet, whether on or off duty, without the express
written permission of the Borough Administrator. Except in emergency
situations, employees are prohibited from taking digital images or
photographs with media equipment not owned by the Borough.
N.
For purposes of this section, an "emergency situation" involves a
sudden and unforeseen combination of circumstances or the resulting
state that calls for immediate action, assistance or relief, and may
include accidents, crimes and flights from accidents or crimes and
the employee does not have access to the Borough's communication media.
If such situation occurs, the employee agrees that any images belong
to the Borough and agrees to release the image to the Borough and
ensure its permanent deletion from media devices upon direction from
the Borough.
O.
No media advertisement, electronic bulletin board posting, or any
other communication accessible via the Internet about the Borough
or on behalf of the Borough, through the use of the Borough's communication
media, may be issued unless it has first been approved by the Borough's
Administration. Specifically, employees are forbidden from using the
Borough's communication media to impersonate the employer; to make
statements on behalf of the employer without authorization; and/or
to make statements that can be construed as establishing what the
employer's official position or policy is on any particular issue.
In addition, employees are prohibited from placing or posting on the
Internet through the employer's communication media or the employee's
own personal media, either during working or nonworking hours, any
employer-related confidential, sensitive or other employer information
of a proprietary nature, including but not limited to employer records
or documents, trade secrets, internal reports, tips based on inside
information that may be considered insider trading, screenshots of
computer stations, pictures of monitors and/or actual documents of
the employer, any photographs, pictures, digital images of any crime
scenes, traffic crashes, arrestees, detainees, people or job-related
incidents or occurrences.
P.
Because (authorized) postings placed on the Internet through use
of the Borough's communication media will display on the Borough's
return address, any information posted on the Internet must reflect
and adhere to all of the Borough's standards and policies.
Q.
All users are personally accountable for messages that they originate
or forward using the Borough's communication media. Misrepresenting,
obscuring, suppressing, or replacing a user's identity on any communication
media is prohibited. "Spoofing" (constructing electronic communications
so that it appears to be from someone else) without a legitimate authorized
purpose and authorized by the Borough Administrator is prohibited.
R.
Employees must respect the laws regarding copyrights, trademarks,
rights of the public, Borough and other third-party rights. Any use
of the Borough's name, logos, service marks or trademarks outside
the course of the employee's employment, without the express consent
of the Borough, is strictly prohibited. To minimize the risk of a
copyright violation, employees should provide references to the source(s)
of information used and cite copyrighted works identified in online
communications.
S.
If employees choose to identify themselves as a Borough employee
on their personal social media accounts and even those that do not
should be aware that he or she may be viewed as acting on behalf of
the Borough; as such, no employee shall knowingly represent themselves
as a spokesperson of the Borough, post any comment, text, photo, audio,
video or other multimedia file that negatively reflects upon the Borough,
expresses views that are detrimental to the Borough's mission or undermine
the public trust or is insulting or offensive to other individuals
or to the public in regard to religion, sex, race or national origin.
Borough employees are encouraged to exercise extreme caution posting
photographs of themselves in uniform or in situations where they can
be readily identified as Township employees.
T.
To the extent that employees use social media outside their employment
while engaging in protected concerted activities as defined above,
employees will not be subject to discipline or retaliation for expressing
views, opinions, and/or facts surrounding the Borough's employment
policies. For all other communications by employees on personal social
media sites in which matters related to the Borough are discussed,
employees must add a disclaimer on the front page stating that the
posting does not express the views of the Borough, and that the employees
are expressing their own personal views. For example: "The views expressed
on this website/web log are mine alone and do not necessarily reflect
the views of my employer." The disclaimer must be placed in a prominent
position and repeated for each posting that is expressing an opinion
related to the Borough or the Borough's business, with the exception
of postings and social media communications by employees engaging
in protected concerted activities. Employees are advised that if they
post information on social media that is in violation of either the
terms and conditions of the within social media policy, or in violation
of federal, state, or local laws, the disclaimer will not shield them
from disciplinary action. However, no retaliation or discipline will
result if and when employees are engaging in protected concerted activity
and/or choose to report inappropriate social media activities to the
Borough Administration.
U.
Nothing in these policies is designed to interfere with, restrain,
or prevent social media communications by employees engaging in protected
concerted activities regarding wages, hours, or other terms and conditions
of employment pursuant to the National Labor Relations Act.[2] All Borough employees have the right to engage in or refrain
from such activities.
[2]
Editor's Note: See 29 U.S.C. § 151 et seq.
V.
Use of Internet.
(1)
The Borough provides Internet access to its employees in order
to make available a vast array of information resources and to allow
participation in and access to increasing county and state resources.
(2)
Employees must comply with all policies adopted by the Borough,
including but not limited to policies regarding prohibition of discrimination
and harassment and all applicable federal, state and local laws, including
laws governing the transmission and dissemination of information while
accessing the Internet.
(3)
Employees who are using the Internet may not:
(a)
Use the network to make unauthorized entry into other computational,
informational or communication services or resources;
(b)
Distribute unsolicited advertising;
(c)
Invade the privacy of others;
(d)
Make any attempt to damage computer equipment or software;
(e)
Engage in any activity that is harassing or defamatory;
(f)
Use the Internet for any illegal activity, including violation
of copyright or other rights of third parties, or in a manner inconsistent
with the Township's tax-exempt status or its proper operation; and/or
(g)
Download unauthorized software, fonts, templates or scripts.
(4)
As stated in the communications policy above, the Borough reserves
the right to monitor the employee's Internet usage. In addition, the
Borough has the right to restrict access to specific types of prohibited
content through the use of a content filtering system.
[Added 6-5-2008 by Ord. No. 15-08]
The bulletin boards located in the Borough administrative
building and other facilities are intended for official notices regarding
policies, procedures, meetings and special events. Only personnel
authorized by the Borough Administrator may post, remove or alter
any notice.
[Added 4-12-2016 by Ord.
No. 11-16]
A.
The Borough may install video surveillance camera systems within
public buildings and throughout public areas within the Borough, primarily
as visual deterrents of criminal behavior and for the protection of
employees and municipal assets. In implementing these video camera
systems, the Borough will ensure compliance with federal, state and
local laws governing such usage.
B.
The Borough's video surveillance camera systems are a significant
tool to which the employees of the Borough will avail themselves in
order to complete the goals and objectives of the Borough. Employees
are only permitted to use the video surveillance camera systems for
a legitimate purpose and with proper authorization. The Borough's
designee will be responsible for authorization of users. The improper
use of these systems can result in discipline up to and including
termination.
C.
No employee is permitted to view, continually watch, search, copy
or otherwise use one of the Borough's video surveillance camera systems
or tamper with access, archive, alter, add to, or make copies of any
data that has been recorded and stored within any of these systems
without (1) a specific legitimate purpose and (2) permission from
the designee of the Borough.
D.
The Borough shall designate a person to be responsible for the maintenance
and administration of the video surveillance camera system. Such designee
will be responsible for maintaining a user access log detailing the
date and name of individuals who view/access a stored recording.
E.
Any employee who becomes aware of any unauthorized disclosure of
a video record in a contravention of this policy and/or a potential
privacy breach has the responsibility to ensure that Borough Administrator
is immediately informed of such breach.
[Added 7-12-2016 by Ord.
No. 15-16; amended 9-13-2016 by Ord. No. 17-16]
The Borough recognizes the right of employees to engage in social
relationships with each other, including relationships of a romantic
or intimate nature. However, the municipality also recognizes that
such relationships can be a problem in the workplace. They may result
in favoritism, discrimination, unfair treatment, friction among coworkers,
or the perception that they generate such problems. To try to achieve
a balance between employee rights and workplace needs, the Borough
has adopted the following policy on the subject of supervisor/subordinate
dating. If such a relationship exists or develops, both parties involved
shall report the fact to A) their immediate supervisor, or B) human
resources.
A.
For the
purposes of this policy, a supervisor/subordinate status means a situation
where one employee, irrespective of job title [or civil-service classification],
makes or has the authority to make decisions or to take action concerning
another employee’s compensation, promotion, demotion, discipline,
daily tasks, or any other terms, conditions or privileges of employment
with the municipality.
B.
If the
employees involved in the relationship are also in a supervisor/subordinate
status, management may take any action which it deems appropriate,
up to and including transferring one of the parties so that there
is no longer a supervisor/subordinate relationship between them.
C.
In addition,
management reserves the right to address any workplace issues that
may result from that relationship in the manner it deems appropriate.
D.
Any employee
who violates this policy will be subject to disciplinary action, up
to and including discharge. The municipality regards a violation of
this policy as particularly serious because such workplace relationships
can cause favoritism, discrimination, unfair treatment for other interference
with municipal operations.
E.
Nothing
in this policy alters an employee’s at-will status.
