A. 
Purpose. The purpose of this section is to outline specific areas which may result in employee discipline and the appeal procedures available to certain employees.
B. 
Statement of policy.
(1) 
It shall be the duty of employees to maintain high standards of cooperation, efficiency and integrity in their work with the Borough. If an employee's conduct falls below standard, he/she may be subject to disciplinary action.
(2) 
An employee may be subject to discipline for any of the following reasons. This list is not exhaustive.
(a) 
Incompetency, inefficiency or failure to perform duties.
(b) 
Insubordination.
(c) 
Inability to perform duties.
(d) 
Chronic or excessive absenteeism or lateness.
(e) 
Conviction of a crime.
(f) 
Conduct unbecoming a public employee.
(g) 
Neglect of duty.
(h) 
Misuse of public property, including motor vehicles.
(i) 
Unlawful discrimination or unlawful harassment.
(j) 
Falsification of public records, including attendance and other personnel records.
(k) 
Failure to report absence.
(l) 
Harassment of coworkers and/or volunteers and visitors.
(m) 
Theft or attempted theft of property belonging to the Borough, fellow employees, volunteers or visitors.
(n) 
Failure to report to work the day or days prior to or following a vacation, holiday and/or leave, and/or any other unauthorized day of absence.
(o) 
Fighting on Borough property at any time.
(p) 
Being under the influence of intoxicants (e.g., liquor) or illegal drugs (e.g., cocaine or marijuana) on Borough property and at any time during work hours.
(q) 
Possession, sale, transfer or use of intoxicants or illegal drugs on Borough property and at any time during work hours.
(r) 
Entering the building without permission during nonscheduled work hours.
(s) 
Soliciting on Borough premises during work time. This includes, but is not limited to, distribution of literature or products or soliciting membership in fraternal, religious, social or political organizations, and/or sales of products.
(t) 
Careless waste of materials or abuse of tools, equipment or supplies.
(u) 
Deliberate destruction or damage to Borough or suppliers' property.
(v) 
Sleeping on the job.
(w) 
Carrying weapons of any kind on Borough premises and/or during work hours, unless carrying a weapon is a function of your job duties.
(x) 
Violation of established safety and fire regulations.
(y) 
Unscheduled absence, and chronic or excessive absence.
(z) 
Chronic tardiness.
(aa) 
Unauthorized absence from work area, and/or roaming or loitering on the premises, during scheduled work hours.
(bb) 
Defacing walls, bulletin boards or any other Borough or supplier property.
(cc) 
Failure to perform duties, inefficiency or substandard performance.
(dd) 
Unauthorized disclosure of confidential Borough information.
(ee) 
Gambling on Borough premises.
(ff) 
Horseplay, disorderly conduct and use of abusive and/or obscene language on Borough premises.
(gg) 
Deliberate delay or restriction of your work effort, and/or incitement of others to delay or restrict their work effort.
(hh) 
Conviction of a crime or disorderly persons offense.
(ii) 
Violating any Borough rules, procedures, regulations, or policies.
(jj) 
Violation of Borough policies, procedures and regulations.
(kk) 
Violation of federal, state or Borough laws, rules or regulations concerning drug and alcohol use and possession.
(ll) 
Misuse of public property, including motor vehicles.
(mm) 
Unauthorized use of computers, Internet, email, voice mail, telephone, or cellular phone.
(nn) 
Use of a recording device on Borough property and/or while on duty to record a conversation or discussion with a person without the consent of the person being recorded (e.g., if Person A attempts to record Person B, Person B must consent to Person A's attempt to record).
[1] 
This does not apply in circumstances where law enforcement has a valid warrant to conduct the recording (or a legally-recognized exception to the warrant requirement exists for law enforcement to make the recording).
[2] 
This also does not apply to Borough-authorized investigatory interviews where, in the discretion of the investigator, it is necessary for the interview to be recorded. In such circumstances, the person being interviewed will be informed that the interview is being recorded, at which time the person being interviewed may place his or her objection to such recording on the record.
(oo) 
Other sufficient cause.
A. 
Probationary, nonrepresented part-time, and volunteer personnel may be disciplined and/or terminated at any time for any reason, with or without cause, and without any appeal procedure.
B. 
Represented personnel may utilize the appeal procedures of the collective bargaining agreement, if any.
C. 
Full-time, nonprobationary, nonrepresented personnel are subject to the following appeal processes:
(1) 
Such employees may not appeal warnings or reprimands.
(2) 
Where such an employee is going to be suspended, fined, demoted, or terminated, an appropriate supervisor will conduct a predisciplinary meeting with the employee.
(3) 
The supervisor will provide notice of the charges and explain the intended action. The employee will be given an opportunity to respond to the charges at the predisciplinary meeting.
(4) 
If, at the conclusion of the predisciplinary meeting, it is determined that the disciplinary action is warranted, the discipline will be imposed.
(5) 
The employee may appeal the discipline within five working days to the Administrator in writing. The Administrator (or designee) will conduct a disciplinary hearing and any additional investigation as may be necessary. The Administrator (or designee) will render a written decision 10 days from completion of the hearing and investigation.
(6) 
In certain circumstances, the Administrator (or designee) may determine, upon receipt of the appeal, that the matter is more appropriate for review by an outside hearing officer, who, in turn, will conduct a hearing and provide recommended findings and conclusions to the Administrator (or designee). In such circumstances, the Administrator (or designee) will render a written decision within 10 working days of receipt of the hearing officer's findings and recommendations in which the Administrator (or designee) may accept, reject, or modify the hearing officer's findings and recommendations.
(7) 
Irrespective of whether a hearing officer is utilized, the written decision of the Administrator (or designee) will be final, except in cases of termination. Where an employee is terminated, the discharged employee may appeal the decision of the Administrator (or designee) within five working days to the governing body in writing filed with the Clerk. The governing body will be briefed on the matter and will allow the employee to make a statement. If no formal action is taken by the governing body as to the decision of the Administrator (or designee) within 21 days of the filing with the Clerk, the Administrator's decision shall be deemed affirmed.
D. 
Immediate suspensions.
(1) 
In special circumstances, an employee may be suspended immediately where it is determined that the employee is unfit for duty or is a hazard to any person if permitted to remain on the job, or that an immediate suspension is necessary to maintain safety, health, order or effective direction of public services. Immediate suspension may also be appropriate based on the issuance of criminal charges as to the employee.
(2) 
The employee will be served with a written notice of immediate suspension and informed of whether any appeal rights are available. Paid suspensions in such circumstances are not disciplinary and thus not appealable. Unpaid suspensions in such circumstances may be appealable for represented employees (under the applicable collective bargaining agreement) or by full-time nonprobationary employees in accordance with the procedures above. Probationary, nonrepresented part-time, and volunteer personnel may not appeal any suspensions of any kind.
(3) 
Any such suspension may be with or without pay depending on the severity and nature of the circumstances.
[1]
Editor's Note: The disciplinary action form is included as an attachment to this chapter.
A. 
Purpose. The purpose of this section is to establish a policy for the requirement of a valid New Jersey State driver's license by employees whose jobs routinely involve driving Borough vehicles.
B. 
Statement of policy.
(1) 
Any employee whose work requires that he/she drive Borough vehicles must hold a New Jersey State driver's license.
(2) 
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. Such checks shall be processed by the Administrator or Administrator's designee. A report indicating a suspended or revoked license status may be cause to deny or terminate employment.
(3) 
Periodic checks of employee's driver's licenses through visual and formal Department of Motor Vehicle review checks shall be made by the Borough Administrator or Administrator's designee annually. Any employee who does not hold a valid driver's license will not be allowed to operate a Borough vehicle until such time as he/she obtains a valid license.
(4) 
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.