A.
Recruitment: The Township of Ocean Committee in conjunction with
the Administrator/Municipal Clerk will coordinate the employment recruitment
process for all vacancies to ensure compliance with contractual, legal,
and equal opportunity requirements. When a vacancy occurs, it is the
responsibility of the department head to notify the Township Committee
and/or Administrator/Municipal Clerk who will distribute notification
of the vacancy to all departments. Where positions are advertised,
the media or other periodical utilized must have as wide circulation
as possible to encourage applications from candidates from diverse
backgrounds and must prominently state that the Township of Ocean
is an equal opportunity employer.
B.
Applications: Reference Code of Township of Ocean § 57-8. All candidates must fully complete an application form. A resume
will not be considered as a substitute for this form. The application
is a confidential document and will not be available to anyone who
is not directly involved in the hiring process, except as required
by law.
C.
Interviews: The Administrator/Municipal Clerk and Committee member
will coordinate the interview process including the scheduling of
applicants, development of interview questions and standards to measure
candidate responses. All questions must be in accordance with the
New Jersey Division of Civil Rights Guidelines for Pre-Employment
Inquiries. The Township of Ocean will make reasonable accommodations
to known physical and mental limitations of all applicants with disabilities,
provided that the individual is otherwise qualified to safely perform
the essential functions of the job and also provided the accommodation
does not impose an unreasonable hardship on the Township of Ocean.
D.
Physical examinations: Reference Code of Township of Ocean § 57-4.
(1)
Pursuant to the Americans with Disabilities Act, after an offer of
employment is made and prior to commencing employment, the Township
of Ocean Committee may require applicants to pass a physical examination
in order to insure that they can perform the duties of their position
without injury to themselves or others. The same post-offer physical
examination must be performed on all applicants for a particular position.
The Township of Ocean Committee may require periodic physical examinations
to determine the employee's continued ability to perform the duties
of the position. All physical examinations must be performed by a
physician chosen by the Township of Ocean at the expense of the Township
of Ocean. All medical records of employees and prospective employees
are confidential and are to be maintained by the Municipal Clerk separate
from the employee's official personnel file. Medical exams may include
tests for drug and alcohol use.
E.
Criminal background checks: Criminal background checks are required
of all candidates, whether paid or volunteer, that may work directly
or indirectly with children/youth/minors in accordance with the procedures
outlined in the Section of this ordinance entitled "Background Checks
and Procedures for Candidates, Employees and Volunteers."[1]
F.
Job offers: The final decision will be made by the Township of Ocean
Committee after all references and other information has been verified.
Every effort shall be made to offer reasonable accommodations to known
physical and mental limitations of all applicants with disabilities,
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 an unreasonable hardship on the Township of Ocean.
The employment offer must be made in a letter to the candidate outlining
all terms and conditions of the offer. The letter will also establish
a deadline for acceptance.
G.
Acceptances and rejections: If the first offer is rejected, the Township
of Ocean Committee will decide to hire another candidate or re-open
the position. Once a candidate accepts the employment offer, all other
candidates will be notified in writing that they were not accepted
for the position.
H.
Employability proof: After acceptance, but before starting employment,
all new employees shall be required to fill out an employment verification
form (19) and to provide acceptable proof of right to employment in
the United States.
I.
Record retention: All applications, notes made during interviews
and reference checks, job offers and other documents created during
hiring process must be returned to the Administrator/Municipal Clerk.
Documents related to the successful candidate will be placed in the
employee's official personnel file except medical records including
physical examinations must be maintained in a separate file. All records
documents related to other candidates must be retained for at least
one year. Records and documents created during the hiring process
are confidential and must be retained in a locked cabinet.
A.
Background checks required. Background checks are required of all
candidates, whether for paid or volunteer positions, working directly
or indirectly with children/youth/minors. Background checks will also
be administered for each employee or volunteer that works directly
or indirectly with children/youth/minors every three years. The exact
titles of employees subject to background checks are (locally defined,
but at a minimum should include all recreational positions, crossing
guards, library positions, and maintenance and administrative positions
pertaining to such programs).
B.
Background check procedure.
(1)
The Administrator/Municipal Clerk will perform or initiate background
checks and be the recipient of reports from outside agencies or contractors.
The Administrator/Municipal Clerk will discuss disqualifying information
received with the employee's or volunteer's department head. Written
information received as a result of a "Request for Criminal History
Record Information For A Noncriminal Justice Purpose" will be destroyed
immediately after it has served its authorized purpose, as required
by the State Police. Such information will be kept confidential and
will not be published or disclosed in any manner not consistent with
the procedures listed herein. Such information will not be deemed
a public record under P.L. 1963, c 73 (N.J.S.A. 47:1A-1 et seq.) as
amended and supplemented by P.L. 2001, c 404 (N.J.S.A. 47:1A-5 et
seq.)
(2)
The Administrator/Municipal Clerk will inform the candidate, volunteer,
or employee, in writing, of any information that would disqualify
the person from working with children/youth. If the Township of Ocean
contracts with an outside vendor to process the background checks,
that contractor may be authorized to inform the person in writing
of any information that would disqualify the person from working with
children/youth/minors. Existing employees or volunteers will be placed
on immediate suspension pending the outcome of a hearing or appeal.
Employee suspensions may be with or without pay at the discretion
of the Township of Ocean Committee.
C.
Conditions under which an employee will be disqualified from working
with children/youth:
(1)
A candidate, volunteer, or employee may be disqualified from employment
in a position that works with children/youth/minors if that person's
criminal record history background check reveals a record of conviction
of any of the following crimes and disorderly persons offenses as
defined by New Jersey law or by analogous laws in other states:
(a)
Homicide (N.J.S.A. 2C:11).
(b)
Kidnapping (N.J.S.A. 2C:13).
(c)
Sexual Offenses (N.J.S.A. 2C:14).
(d)
Offenses Against the Family, Children and Incompetents (N.J.S.A.
2C:24).
(e)
Controlled Dangerous Substances [N.J.S.A. 2C:35, except for
2C:35-10(a)4].
(f)
Robbery (N.J.S.A. 2C:15).
(g)
Theft (N.J.S.A. 2C:20).
(2)
A disqualification from any position will be based only on a conviction
for one or more of the above disqualifying crimes and offenses. An
acquittal, a dismissal, successful completion of pre-trial intervention
(PTI), or an expungement of a criminal offense, including a disqualifying
criminal offense, is not a disqualifying conviction.
D.
Appeal process.
(1)
The Appeals Committee will be comprised of the Township of Ocean
Committee, designated superior officer, and Administrator/Municipal
Clerk.
(2)
Once a candidate, employee or volunteer has been notified of a disqualifying
conviction, the employee has 14 calendar days to file a notice of
appeal with the Township of Ocean. Such notice of appeal must be sent
in writing to the Administrator/Municipal Clerk. The notice of appeal
shall include a notice of rehabilitation and/or a notice that the
information is inaccurate or incorrect, pursuant to N.J.A.C. 13:59-1.6.
(3)
During the fourteen-day period listed above, and until the issuance
of the decision of the Appeals Committee, an employee will be on a
suspension with pay, pending the outcome of the notice of appeal.
(4)
In making a determination on the appeal, the following information
will be considered:
(a)
The nature and responsibility of the position which the convicted
individual would hold, has held, or currently holds, as the case may
be.
(b)
The nature and seriousness of the crime or offense.
(c)
The circumstances under which the crime or offense occurred.
(d)
The date of the crime or offense.
(e)
The age of the individual when the crime or offense was committed.
(f)
Whether the crime or offense was an isolated or a repeated incident.
(g)
Any social conditions which may have contributed to the commission
of the crime or offense.
(h)
Any evidence of rehabilitation, including good conduct in prison
or in the community, counseling or psychiatric treatment received.
(i)
Acquisition of additional academic or vocational schooling,
successful participation in correctional work-release programs, or
the recommendation of those who have had the individual under their
supervision.
(5)
The Township of Ocean will issue a written determination on the employee's
appeal of their disqualifying conviction, setting forth the reasons
for the determination.
Discussions by the governing body or anybody of the Township
of Ocean concerning appointment, termination, terms and conditions
of employment, performance evaluation, promotion or discipline of
any current or prospective officer or employee shall be in closed
session, with the right of the employee to be present, unless the
individual requests in writing that the discussion be held in open
session. Such request must be granted. Prior to the discussion by
the governing body or anybody of the Township of Ocean concerning
such matters, the Clerk shall notify the affected person(s) of the
meeting date, time and place, the matters to be discussed and the
person's right to request that the discussion occur in open session.
In the event more than one person is affected by the discussion and
one of the affected persons does not request that the discussion be
in open session, then the discussion shall be in closed session.
All new regular full-time and regular part-time employees will
be scheduled to meet with the Administrator/Municipal Clerk, and department
head on their first day for a general orientation. Copies of all forms
and acknowledgements must be returned to the Municipal Clerk for inclusion
in the employee's official personnel file. The orientation will include:
A.
A tour of the appropriate facilities to acquaint the new employee
with overall operations as they relate to the specific position;
B.
The completion of all pertinent personnel, payroll, insurance and
pension forms;
C.
A review of the Employee Handbook and acknowledgement of receipt;
D.
A review of the Personnel Policies and Procedures Manual if the employee
is a manager or supervisor and acknowledgement of receipt;
E.
The Employee Complaint Policy letter and acknowledgement;
F.
A safety orientation and acknowledgement; and
G.
Arrangements for the new employee to complete required PEOSHA safety
training.
Reference Code of Township of Ocean § 57-45.
A.
The Administrator/Municipal Clerk with the assistance of the Township
Attorney shall draft an Employee Handbook for the approval of the
Township of Ocean Committee. A separate version of the Handbook will
be drafted for part-time and seasonal employees as well as for major
bargaining groups if appropriate. Once approved, copies will be distributed
and employees will be required to sign an acknowledgement of receipt
that will be placed in the official personnel file. The Handbook will
be revised and redistributed whenever there is a significant change
in personnel practice or every two years.
B.
Each employee or prospective employee shall be given a copy of this
policy. The employee must acknowledge receipt and understanding of
the policy as a condition of employment.
C.
A signed copy of the acknowledgment shall be kept in the employee's
personnel file.
A.
Periodic evaluations are critical to create a formal record of an
employee's performance over time and establish a foundation for personnel
actions such as promotion and termination. In addition to day-to-day
feedback to the employee, a performance evaluation must be conducted
for all employees at least annually. The completed appraisal becomes
part of an employee's permanent record.
B.
Performance discussions must also provide employees with guidance
regarding their ability to meet job standards. Extraordinary skills
or abilities should be recognized in addition to areas for improvement.
Supervisors or department heads should review future training needs
and career planning. The reviewer should also encourage the employee
to make suggestions about how the department can improve. The reviewer
should ask employees for feedback regarding the employee's skills
as they relate to communication, team building, delegation, and sensitivity
to needs of subordinates. Open communication is the key to improvement.
(1)
Setting the stage. The reviewer must create a productive climate
for the discussion. In preparing the evaluation form, prior evaluations
should be reviewed to identify trends. Employees must be notified
in advance of the meeting and should be given a copy of the blank
evaluation form. The meeting should be private without interruptions
in a comfortable environment.
(2)
Confirm expectations. The reviewer should start the discussion of
each performance area by reviewing expectations. Ask the employee
to confirm the employee's understanding of job requirements. Refer
to the job description as appropriate.
(3)
Rating. Continue the discussion by giving the employee's rating in
each performance area. The supervisor should be prepared to refer
to documentation. Employees should be evaluated based on set standards,
not as they compare to other employees. It is rare that any person's
rating in all areas is either high or low. The evaluation should consider
performance during the entire period, not just the recent past. Care
should be taken to avoid allowing one aspect of a person's performance
to overshadow all other performance factors be it positive or negative.
Ideally, each performance area should be evaluated individually based
on specific behaviors exhibited.
(4)
Discussing future plans. This is where the reviewer should turn to
the discussion to the future performance and development of the employee.
A Counseling Action Plan form[1] must be completed if any item is rated "Needs Improvement"
or "Does Not Meet Minimum Standards." Specific performance goals must
be established for the next review period along with plans for achieving
those goals.
[1]
Editor's Note: Said form is included as an attachment to this chapter.
(5)
Closing the discussion. When all performance areas have been discussed,
close the discussion by summarizing all of ratings in an overall rating
for the review period.
C.
It is crucial that all reviewers complete the evaluation forms with
care and with complete candor. Although reviewers are encouraged to
set forth areas of strength and utilize tact in presenting criticism,
it is important that all performance issues of any significance be
addressed thoroughly and in unambiguous terms in the evaluation form,
and verbally with the employee.
(1)
"Exceeds Expectations" means consistently exceeds established standards
in most areas of responsibility. All requirements must be met and
objectives achieved above the established standards.
(2)
"Meets Job Requirements" means all job requirements were met and
planned objectives accomplished within established standards. There
were no critical areas where accomplishments were less than planned.
(3)
"Needs Improvement" means performance in one or more critical areas
does not meet expectations. Not all planned objectives were accomplished
within the established standards and some responsibilities were not
completely met.
(4)
"Does Not Meet Minimum Standards" means performance is unacceptable
and important objectives have not been accomplished. Needs immediate
improvement.
D.
After completing the evaluation, the reviewer will return the form(s)
with the signed acknowledgement to the Administrator/Municipal Clerk.
After review by the Township of Ocean Committee, the form(s) are to
be forwarded to the Municipal Clerk for inclusion in the employee's
official personnel file. As a part of the evaluation, employees have
the right to request a conference with the department head or Administrator/Municipal
Clerk.
A.
All employees are expected to meet the Township of Ocean's work performance
standards. The intent of the disciplinary action procedure is to formally
document problems and provide the employee with a reasonable time
to improve performance. The process should encourage development by
providing employees with guidance in areas that need improvement such
as poor work performance, attendance problems, personal conduct, general
compliance with the Township of Ocean's policies and procedures and
other disciplinary problems.
B.
Should a supervisor believe that an employee is not conforming to
the Township of Ocean's policies and rules or to specific instructions,
or has acted improperly, the supervisor will first privately discuss
the matter with the employee to obtain the employee's view. If the
supervisor determines that the employee has acted improperly, the
supervisor shall take one of the following actions depending upon
the gravity and the employee's past record. At the discretion of the
supervisor and the Administrator/Municipal Clerk, action may begin
at any step, and/or certain steps may be repeated or bypassed.
(1)
Verbal reprimand. Depending on the circumstances, the supervisor
may verbally notify the employee that the employee's actions have
been improper and warn the employee against further occurrences. The
supervisor will prepare a record of the verbal reprimand including
the date, time and what was discussed with the employee. This record
must be forwarded to the Municipal Clerk for the employee's official
personnel file.
(2)
Administrator/Municipal Clerk review. Should the supervisor consider
the offense sufficiently serious to warrant consideration by the Township
of Ocean Committee, the employee will be so advised and a meeting
arranged with the Administrator/Municipal Clerk at the earliest possible
date. All facts should be detailed at this meeting and, if possible,
a determination will be made at that time of disciplinary action,
if any.
(3)
Written reprimand. When a supervisor determines that a written reprimand
is appropriate, the situation must be discussed with the Administrator/Municipal
Clerk. The reprimand should clearly identify the problem and outline
a course of corrective action within a specific time frame. The employee
should clearly understand both the corrective action and the consequence
(i.e., termination) if the problem is not corrected or reoccurs. The
employee should acknowledge receipt of the warning and may include
additional comments. A copy of the written reprimand with the signed
acknowledgement and comments must be forwarded to the Municipal Clerk,
the employee's official personnel file.
(4)
Suspension. Whenever an employee is recommended for suspension, the
Township of Ocean Committee will make the decision and may seek the
advice of the Township Attorney if appropriate. Suspended employees
may request a hearing under the applicable grievance procedure (and
civil service procedure).
(5)
Dismissal. Whenever an employee is recommended for dismissal, the
Township of Ocean Committee will make the decision only after seeking
the advice of the Township Attorney. There must be a complete review
of the employee's personnel file and all other facts to determine
if there is sufficient cause for the dismissal. Terminated employees
may request a hearing under the applicable grievance procedure (and
civil service procedure).
A.
The official personnel files shall be maintained by the Municipal
Clerk and employee medical information will be maintained in a separate
file. At least annually, the Municipal Clerk will review files to
make sure they are up-to-date and will follow up with the department
heads as necessary.
B.
The official file shall include at least the following:
(1)
The original application signed by the employee;
(2)
Notes from any pre-employment interview and reference check;
(3)
The original letter detailing an offer of employment and any additional
correspondence concerning the employee's hiring;
(4)
A signed acknowledgement that the employee received a copy of the
Employee Complaint Policy letter;
(5)
A signed acknowledgement that the employee has received the Employee
Handbook;
(6)
A signed acknowledgement that the employee received the safety orientation;
(7)
Annual written performance evaluations including documentation that
the evaluation was reviewed with the employee;
(8)
Counseling action plans;
(9)
Records relating to on-the-job accidents;
(10)
Disciplinary actions including an acknowledgement that the employee
was notified of the proposed disciplinary action and was given an
opportunity to respond;
(11)
Records relating to any other employment actions including promotions,
demotions, transfers, resignations, leaves, etc.;
(12)
Educational transcripts; and
(13)
Any other pertinent information.
Employees have the right to formally or informally report any
statement, act, or behavior by a co-employee, supervisor, elected
official or visitor that they believe to be improper.
A.
Reporting. Employees should be asked to report complaints in writing
utilizing the Employee Complaint Form,[1] but are not compelled to do so.
[1]
Editor's Note: The Employee Complaint Form is included as an attachment to this chapter.
B.
Identification/Screening. The supervisor, department head, Administrator/Municipal
Clerk, Township Attorney, or Labor Attorney must report all written
or verbal complaints to the Administrator/Municipal Clerk unless the
complaint is against the Administrator/Municipal Clerk. Upon receipt,
the Administrator/Municipal Clerk will determine if the complaint
was made pursuant to the General Anti-Harassment Policy, the Anti-Sexual
Harassment Policy, the Whistle Blower Policy, a grievance procedure
or is another form of complaint. A file will be established including
the written complaint, the investigation procedure followed and the
response action plan. As soon as possible but no later than 10 days
after receiving the complaint, the Administrator/Municipal Clerk or
investigator appointed by the Township of Ocean Committee will interview
the employee. If the employee is reluctant to sign a written complaint,
the Administrator/Municipal Clerk or investigator will prepare written
notes of the date, time and place of the complaint and the specific
allegations. These notes will be read back to the employee who will
be asked to affirm, preferably in writing, the information's accuracy.
C.
Investigation. The Administrator/Municipal Clerk will seek the advice
of the Township Attorney when planning the investigation. The investigation
should be conducted by the Township Attorney or county prosecutor
if it involves potential criminal charges. The investigation should
establish the frequency and nature of the alleged conduct and whether
the complaint coincides with other employment events such as a poor
performance evaluation. The investigation should also determine if
other employees were subjected to similar misconduct. It is important
to protect the rights of both the person making the complaint and
the alleged wrongdoer.
D.
Response plan - no corrective action required. The Administrator/Municipal
Clerk will discuss the conclusions with the Township Attorney, or
Labor Attorney and render a decision within 14 days after the investigation
is complete. If the validity of a complaint cannot be determined or
the complaint is groundless, the complaining employee should be notified
in writing. Care should be taken to avoid being too specific, confrontational
or accusatory and to avoid any language that might be construed as
defamatory. A general statement is usually more appropriate that the
claim was thoroughly investigated, but could not be sufficiently documented
or confirmed to justify taking formal action. The employee should
be assured that future complaints will be investigated and that the
Township of Ocean is committed to eliminating wrongful employment
practices when they are found to exist. If the investigation reveals
that the complainant intentionally and maliciously levied false charges
against the alleged wrongdoer, the complainant must be notified of
the seriousness of filing a false complaint, and the appropriate disciplinary
penalty under the circumstances, up to and including termination.
E.
Response plan — corrective action required. If the investigation
reveals that the complaint is justified and substantiated, the Administrator/Municipal
Clerk will formulate with the advice of the Township Attorney, or
Labor Attorney a corrective action plan as well as possible disciplinary
action. The complaining employee will be notified, in writing, that
it appears that the complaint was justified and an appropriate response
plan has been formulated. A copy of the response plan should be attached
to the letter. The response plan should provide for appropriate remedial
action to prevent a recurrence of the wrongful act or behavior.
A.
Inquiries and written requests for references or employment verification
regarding a current or former employee must be referred to the Administrator.
Under no circumstances should any information be released over the
phone.
B.
In response to a request for information, the Administrator will
only verify an employee's name, dates of employment, job title, department
and final salary. No other data or information will be furnished unless:
1) the Township of Ocean is required to release the information by
law; or 2) the employee or former employee authorizes the Township
of Ocean in writing to furnish this information and releases the Township
of Ocean from liability.
A.
The Township of Ocean, in conjunction with the Township Attorney,
will arrange for employment practices seminars at least annually to
train all managerial/supervisory personnel. The Township of Ocean
will also offer nonmandatory training to all other employees with
special emphasis on employee rights and protections under various
federal and state laws as well as Township of Ocean employment practices.
Records will be maintained in the official personnel files of all
employees trained under this procedure.
B.
Managerial and supervisory personnel will also update employees periodically
by department meetings and memos that should address specific problems
and concerns that may arise. Every effort will be made to encourage
employee suggestions about ways to avoid employer-employee disputes
and violations of employment rights.
[Added 2-9-2017 by Ord.
No. 2017-1]
A.
As a small municipality, the Township at times employs more than
one member of an individual family in different capacities within
the municipality. The Township Committee wishes to ensure that conflicts
of interest do not arise as a result of such family relationships
with respect to disciplinary or administrative responsibilities. The
purpose of this section is to ensure that individual family members
do not have any supervisory control over an immediate family member
or other relative.
B.
Definition. "Immediate family member" shall include a spouse, sibling,
child, stepchild, niece, nephew, parent or grandparent of the Township
employee, whether residing in the employee's home or not.
C.
Prohibition. Any employee of the Township of Ocean shall not exercise
any supervisory control concerning complaints involving disciplinary
proceedings which may arise with respect to an immediate family member
as defined herein. In any situation where a potential conflict of
interest could exist with respect to day-to-day job duties, or with
respect to complaints and/or disciplinary proceedings relating to
an immediate family member, the employee holding a supervisory position
shall recuse themselves from any involvement with respect to such
complaint or disciplinary proceeding. In such situations, the next
highest ranking supervisor shall address the complaint or disciplinary
proceeding, and if no such senior supervisory position exists, then
the Committee member who is designated as the liaison to the department
in question shall serve in that capacity.
