[Ord. No. 35-4, Preamble]
The City of Linden is an employer of holders of commercial drivers licenses ("CDL"); and recent laws and regulations adopted by the United States Government require that all employers of drivers who hold a CDL are subject to certain rules, regulations and requirements regarding drug and alcohol testing and that all employers of same must institute such programs. The City Council of the City of Linden ("Council"), after reviewing such rules and regulations, has determined that it is in t he best interest of the City as an employer, and to protect the health, safety and welfare of the citizens and the employees of the City to institute a drug and alcohol policy for all employees of the City of Linden. The Council deemed this policy necessary as all City employees deal on a daily basis with members of the public, operate machinery and equipment, including City vehicles, and undertake other tasks which if conducted under the influence of drugs or alcohol may result in injuries to the employees and/or members of the public. Council, after reviewing and giving due consideration to Federal laws and regulations regulating the stet of a CDL, and other Federal, State and local laws regarding the rights of employees has deemed it is in the best interest of the employees and the public, that the City of Linden adopt a comprehensive drug and alcohol policy for all employees, and that the policy as it applies to the CDL holder comply with the laws and regulations of the United States Government.
[Ord. No. 35-4 § 1]
The drug and alcohol policy attached hereto as Exhibit A is hereby enacted as the official policy of the City of Linden concerning all employees, and this policy shall apply as the minimum standard for all employees as set forth therein.[1]
[1]
Editor's Note: See Exhibit A attached to Ord. No. 35-4 and on file in the office of the City Clerk.
[Ord. No. 35-4 § 2]
To the extent that any policies, procedures, rules, regulations and standards currently in effect governing any employee of the City of Linden, including members of the Police and Fire Departments, provides for a stricter standard than set forth in the drug and alcohol policy which is attached hereto, those standards shall be applied to those employees in accordance with current policy and practices of each Department.
[Ord. No. 59-35]
a. 
Rules Governing Discipline.
1. 
All employees of the City of Linden shall be subject to disciplinary procedures established by the State of New Jersey Civil Service Act, Rules and Regulations, including those set forth in N.J.A.C. 4A.
2. 
The City Council, as the Appointing Authority, hereby designates the authority to initiate major and minor discipline against all employees, including Department Heads to the Councilmanic Committee or Personnel. In addition, the City Council, as the Appointing Authority, hereby designates the authority to initiate major or minor discipline against any subordinate employee of any Department to the Department Head. In the event a Department Head is the subject of disciplinary action, any decision to recommend discipline shall be made by the Councilmanic Committee overseeing said Department Head to the full Council, which shall either approve or disapprove of such recommendation.
3. 
The City Treasurer, including the Labor Relations Specialist in conjunction with the Personnel Department is hereby designated to execute and complete all paperwork as required by the New Jersey Civil Service Commission on behalf of the Appointing Authority of the City of Linden, including any Preliminary or Final Notices of Disciplinary Action.
4. 
All appeals from minor or major discipline shall be governed by N.J.A.C. 4A.
5. 
In the event an employee is entitled to a hearing under the State of New Jersey Civil Service Commission Rules and Regulations, such hearing shall be conducted by the Labor Relations Specialist for the City of Linden, unless the person requesting a hearing is a Department Head, in which case the hearing shall be conducted by a designee of the City Council.
6. 
Pursuant to Ordinance establishing a Department of Law within the City of Linden, the Municipal Attorney or his designee shall serve to prosecute any disciplinary actions set forth herein.
7. 
All initiations for discipline shall begin with the completion of a form entitled "Request for Investigation."
b. 
General Causes.
1. 
Any employee may be subject to discipline for any one or more of the following general causes:
(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) 
Discrimination that affects equal employment (as defined in N.J.A.C. 4A:7-11), including sexual harassment;
(j) 
Violation of Federal regulations concerning drug and alcohol use by and testing of employees who perform functions related to the operation of commercial motor vehicles, and State and local policies issued thereunder.
2. 
Other sufficient cause shall include but not be limited to violations of municipal ordinances, rules and regulations, written policies, department directives or lawful orders of a superior.
c. 
Types of Discipline.
1. 
Discipline may be in the form of major discipline or minor discipline and may include, but not be limited to, the following:
(a) 
Oral reprimand;
(b) 
Formal written reprimand;
(c) 
Counseling;
(d) 
Suspension with pay;
(e) 
Suspension without pay;
(f) 
Monetary fine;
(g) 
Disciplinary demotion;
(h) 
Removal.
d. 
Termination of Employment.
1. 
An employee may be terminated depending upon the circumstance for any of the following offenses. All discharges will be in accordance with Federal and State laws, including the New Jersey Civil Service Act as well as applicable collective bargaining agreements.
(a) 
Incompetence, inefficiency or failure to perform duties;
(b) 
Chronic or excessive absenteeism or lateness;
(c) 
Conviction of a crime;
(d) 
Conduct unbecoming a public employee;
(e) 
Misuse of public property, including motor vehicles;
(f) 
Violation of Federal, State or City regulations concerning alcohol and drug use and possession;
(g) 
Repeated violations of City policies and procedures or rules and regulations;
(h) 
Falsification of public records including personnel records;
(i) 
Other sufficient cause.
[Ord. No. 59-35]
a. 
Rules Governing Discipline.
1. 
Pursuant to N.J.S.A. 40A:14-118, the Mayor, as Appropriate Authority over the Linden Police Department, shall establish policies relating to the discipline of the Police force. The Chief of Police shall comply with such policies in accordance with said statute, N.J.S.A. 11A and N.J.A.C. 4a.
2. 
The Mayor, as Appropriate Authority shall ensure all discipline is conducted pursuant to N.J.S.A. Chapter 40A, article 14 and Attorney General Guidelines.
[Deleted by Ord. No. 59-35]