[Amended 4-23-2003 by Ord. No. 11-2003; 9-28-2016 by Ord. No. 5-2016; 11-24-2020 by Ord. No. 14-2020]
1.
POLICY OF EQUAL EMPLOYMENT OPPORTUNITY.
The employer is committed to the principle of equal employment
opportunity and antidiscrimination pursuant to Title VII of the 1964
Civil Rights Act, as amended by the Equal Opportunity Act of 1972
and the New Jersey Law Against Discrimination (LAD) and all other
applicable state or federal laws. Under no circumstances will the
employer discriminate on the basis of sex, race, creed, color, religion,
national origin, ancestry, age, marital 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), liability for service in the United
States Armed Forces, gender identity or expression, and/or any other
characteristic protected by state or federal law. Accordingly, decisions
regarding 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 City Clerk, or Council Chair.
Any employees with questions or concerns about any type of discrimination
or harassment in the workplace are encouraged to bring these issues
to the attention of management through the complaint procedure set
forth in the Policy Against Harassment set forth in this manual.
a.
Americans with Disabilities
Act policy/New Jersey Pregnant Worker's Fairness Act.
Americans With Disabilities. The employer complies with the
New Jersey Law Against Discrimination and the Americans with Disabilities
Act. The employer will not discriminate against any qualified employee
or job applicant with respect to any terms, privileges, or conditions
of employment because of a person's physical or mental disability.
The employer also will make reasonable accommodations wherever necessary
for all employees or applicants with disabilities, provided that the
individual is otherwise qualified to safely perform the essential
duties and assignments connected with the job and provided that accommodations
do not require significant difficulty or expense. The employer's nondiscrimination
policy applies to all aspects of the employer-employee relationship,
including recruitment, hiring, upgrading, training, promotion, transfer,
discipline, layoff, recall, and termination.
Definitions. The Americans with Disabilities
Act defines an individual with a disability as any person who:
(1)
Has a physical or mental impairment that substantially limits
one or more major life activities, such as caring for oneself, walking,
seeing, hearing, or speaking;
(2)
Has a record of such an impairment; or
(3)
Is regarded as having such an impairment.
Requesting accommodation. Qualified employees
or prospective employees with disabilities may request accommodations
to perform the essential functions of their job or gain access to
the hiring process. Employees or prospective employees should direct
their written request to the employer. In the written request, the
employee or prospective employee should identify themselves as a person
with a disability, eligible for protection, and identify the nature
of the accommodation or consideration desired.
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An individual must satisfy at least one of the three prongs
of the above definition to be considered an individual with a disability
under the ADA. Temporary conditions, such as a broken leg, are not
disabilities, nor are minor impairments, such as vision problems that
are correctable with glasses.
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The New Jersey Law Against Discrimination defines disability
as a physical disability, infirmity, malformation or disfigurement
which is caused by bodily injury, birth defect or illness, including
epilepsy and other seizure disorders, and which shall include, but
not be limited to, any degree of paralysis, amputation, lack of physical
coordination, blindness or visual impediment, deafness or hearing
impediment, muteness or speech impediment or physical reliance on
a service or guide dog, wheelchair, or other remedial appliance or
device, or any mental, psychological or developmental disability resulting
from anatomical, psychological, physiological or neurological conditions
which prevents the normal exercise of any bodily or mental functions
or is demonstrable, medically or psychologically, by accepted clinical
or laboratory diagnostic techniques. Disability shall also mean AIDS
or HIV infection.
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A qualified individual is an individual with a disability who,
with or without reasonable accommodation, can perform the essential
functions of the employment position held or sought. An individual
who poses a threat to the health and safety of oneself or to others
is not qualified. Reasonable accommodation means any change or adjustment
to a job or work environment that does not impose an undue hardship
on the employer, or that permits a qualified applicant or employee
with a disability to participate in the job application process, perform
the essential functions of the job, or enjoy benefits and privileges
of employment equal to those enjoyed by employees without disabilities.
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The employer may require the employee to provide adequate medical
or other appropriate documentation of the disability and the need
for the desired accommodation. The employer will reasonably accommodate
the known physical or mental limitation of an otherwise qualified
applicant or employee with a disability unless the accommodation would
impose an undue hardship on the employer's business operation.
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To further the employer's nondiscrimination policy, the employer
will:
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Identify the essential functions of a job;
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Determine whether a person with a disability, with or without
accommodation, is qualified to perform the duties; and
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Determine whether a reasonable accommodation can be made for
a qualified individual.
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Reasonable accommodations that the employer may provide
in connection with modifications to the work environment or adjustments
in how and when a job is performed may include the following:
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Making existing facilities accessible and usable;
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Job restructuring;
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Part-time or modified work schedules;
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Acquiring or modifying equipment or devices;
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Appropriate adjustment or modifications of testing materials,
training materials, and/or policies;
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Reassignment to a vacant position.
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The employer is also committed to not discriminating
against any qualified employee or applicant because he or she is related
to or associated with a person with a disability. If any applicant
or employee has questions concerning the employer's equal employment
opportunity policy, he or she should contact the employer.
Employees should also offer assistance, to the extent possible,
to any member of the public who requests or needs an accommodation
when visiting the City of Linwood facilities. Any questions concerning
proper assistance should be directed to the City Clerk.
2.
REGULATIONS.
[Amended 4-23-2003 by Ord. No. 11-2003; 2-28-2007 by Ord. No. 8-2007]
a.
Medical examination. To help ensure that employees
are able to perform their duties safely, medical examinations may
be required. After an offer has been made to an applicant entering
a designated job category, a medical examination may be performed
at the City of Linwood's expense by a health professional of the City
of Linwood's choice. The offer of employment and assignment to duties
is contingent upon satisfactory completion of the exam. Current employees
may be required to take medical examinations to determine fitness
for duty. Such examinations will be scheduled at reasonable times
and intervals and performed at the City of Linwood's expense. Information
on an employee's medical condition or history will be kept separate
from other employee information and maintained confidentially. Access
to this information will be limited to those who have a legitimate
need to know.
b.
Immigration law compliance. The City of Linwood
is committed to employing only United States citizens and aliens who
are authorized to work in the United States and does not unlawfully
discriminate on the basis of citizenship or national origin. In compliance
with the Immigration reform and Control Act of 1956, each new employee,
as a condition of employment, must complete the Employment Eligibility
Verification Form I-9 and present documentation establishing identity
and employment eligibility. Former employees who are rehired must
also complete the form if they have not completed an I-9 with the
City of Linwood within the past three years, or if their previous
I-9 is no longer retained or valid. Employees with questions or seeking
more information on immigration law issues are encouraged to contact
the City Administrator. Employees may raise questions or complaints
about immigration law compliance without fear or reprisal.
c.
Hiring of relatives. The employment of relatives
in the same area of an organization may cause serious conflicts and
problems with favoritism and employee morale. In addition to claims
of partiality in treatment at work, personal conflicts from outside
the work environment can be carried into day-to-day working relationships.
Relatives of persons currently employed by the City of Linwood may
be hired only if they will not be working directly for or supervising
a relative. The City of Linwood employees cannot be transferred into
such a reporting relationship. If the relative relationship is established
after employment, the individuals concerned will decide who is to
be transferred. If that decision is not made within 30 calendar days,
management will decide. In other cases where a conflict or the potential
for conflict arises, even if there is no supervisory relationship
involved, the parties may be separated by reassignment or terminated
from employment. For the purposes of this policy a relative is any
person who is related by blood or marriage, or whose relationship
with the employee as similar to that of persons who are related by
blood or marriage.
d.
Employee relations. The City of Linwood believes
that the work conditions, wages, and benefits it offers to its employees
are competitive with those offered by other employers in this area
and in this industry. If employees have concerns about work conditions
or compensation, they are strongly encouraged to voice these concerns
openly and directly to their supervisors. Our experience has shown
that when employees deal openly and directly with supervisors, the
work environment can be excellent, communications can be clear, and
attitudes can be positive. We believe that the City of Linwood amply
demonstrates its commitment to employees by responding effectively
to employee concerns.
e.
Business ethics and conduct. The successful
business operation and reputation of the City of Linwood is built
upon the principles of fair dealing and ethical conduct of our employees.
Our reputation for integrity and excellence requires careful observance
of the spirit and letter of all applicable laws and regulations, as
well as a scrupulous regard for the highest standards of conduct and
personal integrity. The continued success of the City of Linwood is
dependent upon our residents' trust and we are dedicated to preserving
that trust. Employees owe a duty to the City of Linwood, its residents
and visitors to act in a way that will merit the continued trust and
confidence of the public. The City of Linwood will comply with all
applicable laws and regulations and expects its department heads,
supervisors, and employees to conduct business in accordance with
the letter, spirit, and intent of all relevant laws and to refrain
from any illegal, dishonest, or unethical conduct. In general, the
use of good judgment, based on high ethical principles, will guide
you with respect to lines of acceptable conduct. If a situation arises
where it is difficult to determine the proper course of action, the
matter should be discussed openly with your immediate supervisor and,
if necessary, with the City Administrator for advice and consultation.
Compliance with this policy of business ethics and conduct is the
responsibility of every City of Linwood employee. Disregarding or
failing to comply with this standard of business ethics and conduct
could lead to disciplinary action, up to and including possible termination
of employment.
f.
Conflicts of interest. Employees have an obligation
to conduct business within guidelines that prohibit actual or potential
conflicts of interest. This policy establishes only the framework
within which the City of Linwood wishes the business to operate. The
purpose of these guidelines is to provide general direction so that
employees can seek further clarification on issues related to the
subject of acceptable standards of operation. Contact the City Administrator
for more information or question about conflicts of interest. An actual
or potential conflict of interest occurs when an employee is in a
position to influence a decision that may result in a personal gain
for that employee or for a relative as a result of the City of Linwood's
business dealings. For the purposes of this policy, a relative is
any person who is related by blood or marriage, or whose relationship
with the employee is similar to that of persons who are related by
blood or marriage. No "presumption of guilt" is created by the mere
existence of a relationship with outside firms. However, if employees
have any influence on transactions involving purchases, contacts,
or leases, it is imperative that they disclose to an officer of the
City of Linwood as soon as possible the existence of any actual or
potential conflict of interest so that safeguards can be established
to protect all parties. Personal gain may result not only in cases
where an employee or relative has a significant ownership in a firm
with which the City of Linwood does business, but also when an employee
or relative receives any kickback, bribe, substantial gift, or special
consideration as a result of any transaction or business dealings
involving the City of Linwood.
g.
Non-disclosure. The protection of confidential business information is vital to
the interests and the success of the City of Linwood. Such confidential
information includes, but is not limited to, the following examples:
1.
Labor relations strategies.
2.
Computer processes.
3.
Computer programs and codes.
4.
New materials research.
5.
Pending projects and proposals.
6.
Marketing strategies.
7.
Research and development strategies.
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Employees who improperly use or disclose confidential business
information will be subject to disciplinary action, up to and including
termination of employment and legal action, even if they do not actually
benefit from the disclosed information.
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h.
Moonlighting. It is the policy of the City
of Linwood that full-time employment with the City is considered to
be an individual's primary employment. Any full-time employee seeking
secondary employment with an outside source, or who wishes to engage
in any other outside business activities, must secure advance approval
from his/her department head. All temporary and/or part-time employees
are required to notify the City, through his/her department head,
of any outside employment.
PROCEDURE:
i.
Full-time employees who wish to seek outside employment or pursue
a private business activity must complete the City's "Request for
Outside Employment" form.
ii.
This form can be obtained from the Office of the City Clerk.
A sample is included with this policy and may be duplicated.
iii.
The form must be completed in full and returned to the employee's
department head for review and approval.
iv.
The department head will review the request and will make a
determination as to whether or not the outside employment would potentially
interfere with the employee's work hours, responsibilities or his/her
ability to perform the job duties and functions of his/her current
position. If the department head believes that the proposed employment
creates a potential conflict of interest or would prevent an employee
from performing his/her job functions adequately, then the department
head shall provide a written explanation, setting forth the nature
of the conflict or anticipated problems, to the employee. If the employee
is not satisfied with the determination of the department head, then
he/she may appeal that determination to the City Administrator in
writing within 10 days.
v.
Employees are required to update any request for outside employment
or the continuation thereof annually.
vi.
If an employee changes the status of his/her outside employment,
including, but not limited to, the nature of the job, job hours or
employer, he/she must file a new "Request for Outside Employment"
with the department head for consideration and approval.
3.
Employment categories. It is the intent of
the City of Linwood to clarify the definitions of employment classifications
so that employees understand their employment status and benefit eligibility.
These classifications do not guarantee employment for any specified
period of time. Accordingly, the right to terminate the employment
relationship at will at any time is retained by both the employee
and the City of Linwood. Each employee is designated as either NONEXEMPT
or EXEMPT from federal and state wage and hour laws. NONEXEMPT employees
are entitled to overtime pay under the specific provisions of federal
and state laws. EXEMPT employees are excluded from specific provisions
of federal and state wage and hour laws. An employee's EXEMPT or NONEXEMPT
classification may be changed only upon written notification by the
City of Linwood management. In addition to the above categories, each
employee will belong to one other employment category.
[Amended 4-23-2003 by Ord. No. 11-2003]
a.
REGULAR FULL-TIME EMPLOYEES. Those who are not in a temporary or
introductory status and who are regularly scheduled to work the City
of Linwood's full-time schedule. Generally, they are eligible for
the City of Linwood's benefit package, subject to the terms, conditions,
and limitations of each benefit program.
b.
PART-TIME EMPLOYEES. Those who are not assigned to a temporary or
introductory status and who are regularly scheduled to work less than
20 hours per week. While they do receive all legally mandated benefits
(such as Social Security and workers' compensation insurance), they
are ineligible for all of the City of Linwood's other benefit programs.
c.
INTRODUCTORY EMPLOYEES. Those whose performance is being evaluated
to determine whether farther employment in a specific position or
with the City of Linwood is appropriate. Employees who satisfactorily
complete the introductory period will be notified of their new employment
classification.
d.
TEMPORARY EMPLOYEES. Those who are hired as interim replacements,
to temporarily supplement the work force, or to assist in the completion
of a specific project. Employment assignments in their category are
of a limited duration. Employment beyond any initially stated period
does not in any way employ a change in employment status. Temporary
employees retain the status unless and until notified of a change.
While temporary employees receive all legally mandated benefits (such
as workers' compensation insurance and Social Security), and are ineligible
for all of the City of Linwood's other benefit programs.
e.
SEASONAL EMPLOYEES. Those who work for the City during the summer
season; seasonal employees work full-time (40 hours per week) or part-time
(no more than 20 hours per week) and receive all legally mandated
benefits (such as workers' compensation insurance and Social Security),
and are ineligible for all of the City of Linwood's other benefit
programs.
f.
PROVISIONAL EMPLOYEES. Those who are appointed to a position pending
open competitive or promotional procedures.
g.
PERMANENT PART-TIME EMPLOYEES. Those who are not assigned to a temporary
or introductory status and who are regularly scheduled to work more
than 20 hours and less than 32 hours per week on a fifty-two-week
basis. They do receive all legally mandated benefits (such as Social
Security and workers' compensation insurance) and are only eligible
for limited City benefits. If a part-time employee works in excess
of his or her standard hours in any one week, that employee is not
eligible for full-time status or any additional benefits associated
with full-time status.
[Added 9-26-2007 by Ord.
No. 20-2007]
4.
PROCEDURES
a.
Request for personnel. A department head may
request employment of a person to fill a vacant position, one of which
he or she anticipates will become vacant, or to create and fill a
new position by notifying the City Administrator of his or her request
in writing.
b.
Action on request. The Administrator will
examine the request and make a recommendation to the Mayor and/or
Council Committee Chairman for the affected department to grant the
request or not to grant the request.
c.
Job posting. The City of Linwood provides
employees an opportunity to indicate their interest in open positions
and advance within the organization according to their skills and
experience. In general, notices of all regular, full-time job openings
are posted, although the City of Linwood reserve is discretionary
right to not post a particular opening. Job openings will be posted
on the employee bulletin board in City Hall, the Public Works Department,
Police Department, Library and Fire Department and will normally remain
open for 14 days. Each job posting notice will include the dates of
the posting period, job title, department location, grade level, job
summary, essential duty, and qualifications (required skills and abilities).
To be eligible to apply for a posted job, employees must have performed
competently for at least 30 calendar days in their current position.
Employees who have a written warning on file, or are on probation
or suspension are not eligible to apply for posted jobs. Eligible
employees can only apply for those posted jobs for which they possess
the required skills, competencies, and qualifications. To apply for
an open position; employees should submit a job posting application
to the Department Supervisor listing job-related skills and accomplishments.
It should also describe how their current experience with the City
of Linwood and prior work experience and/or education qualifies them
for the position. Job posting is a way to inform employees of openings
and to identify qualified and interested applicants who might not
otherwise be known to the hiring manager. Other recruiting sources
may also be used to fill open positions in the best interest of the
organization.
[Amended 4-23-2003 by Ord. No. 11-2003]
d.
Employment process.
i.
EMPLOYMENT APPLICATIONS. The City of Linwood relies upon the
accuracy or information contained in the employment application, as
well as the accuracy of other data presented throughout the hiring
process and employment. Any misrepresentations, falsifications, or
material omissions in any of this information or data may result in
the exclusion of the individual from further consideration for employment
or, if the person has been hired termination of employment.
ii.
HIRING COMMITTEE. A committee will be formed which will consist
of at least the affected department head, the Council Committee Chairman
or designee, and City Administrator. The committee may meet for the
purpose of conducting employment interviews or for any appropriate
purpose with a quorum of two members present.
iii.
SCREENING. Written applications will be screened by the Hiring
Committee and decisions made on how many and which candidates will
be interviewed for the job.
iv.
INTERVIEWS. The Hiring Committee will conduct interviews of
the candidates selected.
v.
ACTION. The Hiring Committee will make a recommendation to the
Mayor and/or Council based on majority vote.
vi.
HIRING AUTHORITY. The Mayor will fill vacancies in the following
positions, subject to approval by Council: the Administrator; Police
personnel according to provisions of applicable ordinances pertaining
to the hiring and/or promotion of police officers. Council will fill
all other positions.
vii.
SALARY. In the case of any recommendation for or notice to Council
of a hiring decision, the person or entity making the recommendation
or notice will recommend a salary to be offered, which salary will
be within the salary range set for that position in the Salary Ordinance.
If the recommended salary is more than the minimum in the ordinance,
the recommendation will include reasons for exceeding the minimum.
viii.
FACTORS. All persons and entities involved in
making or recommending employment decisions may take into account
any and all of the following factors: employment, education, and training
history; residence, with preferential treatment given to resident
of Linwood, and commuting factors given weight; personal, professional
and prior-employer references; convictions of a felony; and veteran's
status.
ix.
FACTORS NOT TO BE CONSIDERED. No employment decision will be
based in whole or part on age, sex, race, color, creed, national origin,
disability, or political affiliation.
x.
BACKGROUND CHECK. Persons and entities involved in making hiring
decisions and recommendations may conduct appropriate background checks,
including in their discretion inquiries into any or all of the following:
criminal background; and personal and professional references.
xi.
OFFER AND ACCEPTANCE OF EMPLOYMENT. The Administrator will communicate
an offer of employment to the successful candidate, and will suggest
a time for acceptance. In the event acceptance has not been received
within the prescribed time, the Administrator will be authorized to
withdraw an offer, which will be done in writing.
xii.
INTRODUCTORY PERIOD. The introductory period is intended to
give new employees the opportunity to demonstrate their ability to
achieve a satisfactory level of performance and to determine whether
the new position meets their expectations. The City of Linwood uses
their period to evaluate the employee or the City of Linwood may end
the employment relationship at will at any time during or after the
introductory period, with or without cause or advance notice. All
new and rehired employees work on an introductory basis during the
first 90 calendar days after their date of hire. A written evaluation
will be completed by the supervisor of the employee on the anniversary
of the 30, 60, and 90 days of employment. Employees who are promoted
or transferred within the City of Linwood must complete a secondary
introductory period of the same length with each reassignment to a
new position. Any significant absence will automatically extend an
introductory period by the length of the absence. If the City of Linwood
determines that the designated introductory period does not allow
sufficient time to thoroughly evaluate the employee's performance,
the introductory period may be extended for a specified period. In
cases of promotions or transfers within the City of Linwood, an employee
who, in the sole judgment of management, is not successful in the
new position can be removed from that position at any time during
the secondary introductory period. If this occurs, the employee may
be allowed to return to his or her former job or to a comparable job
for which the employee is qualified, depending on the availability
of such positions and the City of Linwood's needs. Upon satisfactory
completion of the initial introductory period, employees enter the
"regular" employment classification. During the initial introductory
period, new employees are eligible for those benefits that are required
by law, such as workers' compensation insurance and Social Security.
They may also be eligible for other City of Linwood provided benefits,
subject to the terms and conditions of each benefits program. Employees
should read the information for each specific benefits program for
the details on eligibility requirements. Employment status is not
changed during the secondary introductory period that results from
a promotion or transfer within the City of Linwood. Please note this
section shall not supersede directives, rules and regulations as promulgated
by the Department of Administration.
[Amended 4-23-2003 by Ord. No. 11-2003]
5.
Employment records.
a.
ACCESS TO PERSONNEL FILES. The City of Linwood maintains a personnel
file on each employee. The personnel file includes such information
as the employee's job application, resume, records of training, documentation
of performance appraisals and salary increases, and other employment
records. Personnel files are the property of the City of Linwood,
and access to the information they contain is restricted. Generally,
only supervisors and management personnel of the City of Linwood who
have a legitimate reason to review information in a file are allowed
to do so. Employees who wish to review their own file should contact
the City Clerk's office. With reasonable advance notice, employees
may review their own personnel files in the City Clerk's office and
in the presence of an individual appointed by the City of Linwood
to maintain the files.
[Amended 4-23-2003 by Ord. No. 11-2003]
b.
EMPLOYMENT REFERENCE CHECKS. To ensure that individuals who join
the City of Linwood are well qualified and have a strong potential
to be productive and successful, it is the policy of the City of Linwood
to check the employment references of all applicants. The department
head will respond in writing only to those reference check inquiries
that are submitted in writing. Responses to such inquiries will confirm
only dates of employment, wage rates, and positions held. No employment
data will be released without a written authorization and release
signed by the individual who is the subject of the inquiry.
c.
PERSONNEL DATA CHANGES. It is the responsibility of each employee
to promptly notify the City of Linwood of any changes in personnel
data. Personal mailing addresses, telephone numbers, number and names
of dependents, individuals to be contacted in the event of an emergency,
educational accomplishments, and other such status reports should
be accurate and current at all times. If any personnel data has changed,
notify the Finance/Payroll Department and the City Clerk's office.[1]
[Amended 4-23-2003 by Ord. No. 11-2003]
[1]
Editor's Note: Former Section 6, Anti-Discrimination Policy,
added 10-22-2014 by Ord. No. 18-2014, as amended, and Section 7, General
Anti-Harassment Policy, added 10-22-2014 by Ord. No. 18-2014, which
immediately followed this subsection, were repealed 8-11-2021 by Ord.
No. 15-2021.
1.
POLICY. It is the City's policy to comply with State and Federal
requirements and regulations pertaining to unemployment compensation
benefits and to deal fairly with voluntarily and involuntarily terminated
employees.
2.
REGULATIONS.
a.
Voluntary separation. If an employee gives
two weeks' notice when he/she intends to resign, he/she shall be paid
for any accrued vacation time, pro-rated from the current year. If
he or she does not give the proper two weeks notice, he/she automatically
forfeits any entitlement to accrued vacation time.
b.
Work force reduction/layoff policy.
i.
GENERAL. The City of Linwood is subject to a variety of economic,
funding, and programmatic changes which can have an impact on jobs
and/or work schedules and may make it necessary to eliminate positions
or reduce hours.
ii.
PROCEDURE. In the event the City of Linwood finds it necessary
or appropriate to institute a reduction in force, various factors
will be considered in determining which employees shall be displaced.
Such factors may include, but are not limited to, the following: qualifications,
performance record, attendance record, diversity of skills, length
of service, etc. In the event that qualifications and performance
are found to be equal, seniority will be the controlling factor. In
case of non-exempt employees, the department head will make a recommendation
to the Council Representative. He or she will make a recommendation
to the Mayor or Council depending on who has hiring authority for
the position involved. The Mayor or Council shall have absolute discretion
in making the final determination as to which employees will be displaced.
Employees covered under a collective bargaining agreement will be
subject to the terms of their contract. No permanent employee in the
classified service or employee serving a working test period after
regular appointment shall be laid off or demoted in lieu of layoff
until given notice in writing, personally or by certified mail, or
the date upon which the layoff or demotion becomes effective. Such
notice shall be served at least 21 days before the layoff or demotion,
and a copy of the notice will be forwarded to the New Jersey Department
of Personnel. Employees receiving notice of a layoff or demoted in
lieu of layoff have the right to appeal to the Merit System Board
within 20 days of receipt of such notice. Employees should contact
their department manager or the City Solicitor with questions regarding
the specifics of this policy.
[Amended 3-23-2011 by Ord. No. 5-2011; 3-27-2013 by Ord. No. 5-2013]
iii.
NOTICE AND SEVERANCE. A full-time employee to be laid off due
to a reduction in force is entitled to receive two weeks' notice,
and severance pay in accordance with the following schedule:
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Credited Service
(years)
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Severance
(weeks)
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Less than 2
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0
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2 or more, but less than 4
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1
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4 of more, but less than 7
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2
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7 or more, but less than 10
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3
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10 or more, but less than 15
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4
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15 or more
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5
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c.
Other reasons for termination. An employee
who is terminated for cause may be granted notice and/or severance
pay in amounts depending on the circumstances of termination, and
length of service. In no case will such notice or severance exceed
the benefits applicable to the schedule set forth in the case of a
reduction in force.
d.
Accounts, equipment and other City property.
i.
A terminating employee must return all outstanding City equipment
and property in his or her possession prior to the end of his or her
last workday.
ii.
A terminating employee must pay all moneys owing the City for
payroll advances, or for any reason, prior to the end of his or her
last workday, or enter an agreement authorizing deduction of any moneys
owing from his or her last paycheck.
3.
FINAL PAYCHECK. A terminated employee's final paycheck, including
any applicable accrued vacation, sick leave and severance pay, will
be mailed to the employee on the Friday of the workweek following
the date of his termination.
4.
GROUP HEALTH INSURANCE. Coverage under the group health insurance
is canceled, according to the State Health Benefit Plan, the first
of the month following the first full month for which no salary was
paid. Under the group health insurance, a conversion privilege from
group participation to an individual plan is available within 30 days.
Upon retirement of any City employee who has been employed by the
City on a full-time active basis for 25 years or more, the City will
continue to pay all group health benefits for the employees only,
until said employee reaches the age of 65. At that time, when said
employee becomes eligible for Medicare, and provided that he/she qualifies
for Medicare and Medicare supplemental insurance, the City will pay
for the supplemental insurance for said employee, with Medicare being
the primary insurer. Upon retirement of any City employee who has
been employed by the City on a full-time active basis for a period
commencing prior to January 1, 1974, the City will also pay all group
health benefits for said employee's dependents.
[Amended 10-22-2008 by Ord. No. 21-2008]
5.
SPECIAL RULES APPLICABLE TO TERMINATING EMPLOYEES
a.
Holiday pay. Terminating employees whose effective
date of termination is prior to a holiday will not be paid for the
holiday.
b.
Exit interviews. The Administrator or his
designee will arrange and conduct an exit interview with any terminating
personnel.
c.
COBRA notice. Under the Consolidated Omnibus
Budget Reconciliation Act (COBRA) an employee who is covered by his
employer's group health insurance policy, and whose employment ends,
may elect at his own expense to continue the coverage provided by
the City. At the time of termination employees will be notified of
that right by the City.
1.
POLICY. It is the policy of the City to secure an early and equitable
resolution at the lowest level of management possible of problems,
which may arise among employees. To that end, the City's Grievance
Procedures have been developed.
2.
PROCEDURE. The following constitutes the method for resolving employee
disputes and/or grievances.
a.
Step 1. An employee with a grievance (hereafter
referred as the "grievant") shall with 15 work days of the matter
about which he complains, discuss it with his or her department head
with the objective of resolving the matter informally.
b.
Step 2. In the event that the matter is not
resolved under Step 1 to the satisfaction of the grievant he shall
set forth the grievance to the Department head in writing, including
at a minimum the following:
c.
Step 3. If the grievant is not satisfied with
the disposition of the grievance at Step 2, or if no decision has
been rendered within 10 working days after the filing of the written
grievance with the department head, the grievant may file the written
grievance with the Administrator with 20 working days thereafter.
The statement of grievance will include all writings, which have been
made relative to the case to date, and a description of any events
in Step 2 which do not appear in the papers. The Administrator will
within 20 work days of receipt of the Step 3 grievance render a decision.
d.
Step 4. If the grievant is not satisfied with
the disposition of the grievance at Step 3, or if no decision has
been rendered within 20 working days of filing of the formal grievance
with the Administrator, the aggrieved person may file the grievance
in writing with the Mayor or the Chairman of the Council Committee
responsible for the department affected within 10 working days thereafter.
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The Mayor or Council Committee Chairman may decide the matter,
or may refer the matter to the whole Council to decide. Either the
Mayor, Council Committee Chairperson, or Council as a whole will render
a final decision in Step 4 within 30 working days of the submission.
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e.
Rules concerning fact gathering, times for filing, and procedures.
i.
FACT GATHERING. Any person or entity charged with the responsibility
of rendering a decision in Steps 2 through 4, inclusive, may do so
by whatever means suits his or her discretion, including but not limited
to a fact-finding hearing.
ii.
TIMES FOR FILING. The grievant will bring Step 1 within 15 working
days of the time of learning of the facts, which are the basis for
his or her complaint. Thereafter, times for filing will comply with
the following chart:
|
Event
|
Time
|
|---|---|
|
(a) Step 2
| |
|
Grievance:
|
Filed within 10 workdays of informal notice to department head
in Step 1
|
|
Decision:
|
Reported in writing to grievant within 10 workdays of commencement
of Step 1
|
|
(b) Step 3
| |
|
Grievance:
|
Filed with Administrator within 10 workdays of department head's
Decision in Step 2
|
|
Decision:
|
Reported in writing by Administrator within 10 workdays of receipt
of Step 3 Grievance.
|
|
(c) Step 4
| |
|
Grievance:
|
Filed with Mayor, or Committee Chairperson, within 10 workdays
of Administrator's Decision in Step 4.
|
|
Decision:
|
Within 30 workdays of receipt by the Mayor or Committee Chairperson.
|
iii.
COMPLIANCE WITH TIMES. The deadlines set just above are not
of the essence, and may be extended for good cause.
[Amended 4-23-2003 by Ord. No. 11-2003; 8-11-2021 by Ord. No. 15-2021]
As a matter of policy, the Employer abides by all federal, state,
and local laws, rules, and regulations applicable to it and has all
its employees do the same. Every employee is responsible for assisting
the Employer to implement this policy.
In the ordinary course, a violation of this policy should be
reported to an employee's Department Head in writing, signed by the
employee. If that is not practical or if that action is taken but
does not prevent or correct the perceived violations, the employee
is to deliver a written statement, signed and dated to the designated
human resources official. The written statement should detail the
specific information the employee possesses so that the Employer may
undertake an investigation.
The Employer or any of its employees will not retaliate against
any employee who makes a good faith report pursuant to this policy,
even if an investigation reveals that no violation occurred. More
specifically, neither the Employer nor any of its employees will take
any retaliatory action or tolerate any reprisal against an employee
who:
Discloses, or threatens to disclose, to a supervisor or to 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
issued under the law, or, in the case of an employee who is a licensed
or certified health care professional, reasonably believes constitutes
improper quality of patient care;
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 issued under the law by the Employer
or another employer, with whom there is a business relationship, or,
in the case of an employee who is a licensed or certified health care
professional, provides information to, or testifies before, any public
body conducting an investigation, hearing or inquiry into quality
of patient care;
Provides information involving deception of, or misrepresentation
to, any shareholder, investor, client, patient, customer, employee,
former employee, retiree or pensioner of the employer or any government
entity;
Provides information regarding any perceived criminal or fraudulent
activity, policy or practice of deception or misrepresentation which
the employee reasonably believes may defraud any shareholder, investor,
client, patient, customer, employee, former employee, retiree or pensioner
of the Employer or any governmental entity;
Objects to, or refuses to participate in, any activity, policy
or practice which the employee reasonably believes: (1) is in violation
of a law, or a rule or regulation issued under the law or, if the
employee is a licensed or certified health care professional, constitutes
improper quality of patient care; (2) is fraudulent or criminal; or
(3) is incompatible with a clear mandate of public policy concerning
the public health, safety or welfare or protection of the environment. See N.J.S.A. 34:19-3.
Disclosure to the Employer first, however, is not required where
(1) the employee is reasonably certain that the violation is known
to one or more officials; (2) where the employee reasonably fears
physical harm; or (3) the situation is emergent in nature. The employee
must give the Employer a reasonable opportunity to correct the activity,
policy or practice. It is the Employer's responsibility to correct
or prevent such violations. This is a legal obligation and a practical
necessity. A violation can taint the credibility of the Employer and
cause the Employer and its employees to be subjected to adverse publicity
leading to public distrust.
This policy is important to the Employer. Each employee should
seek to resolve any problem within Employer channels before reporting
it to any outside person or entity.
1.
POLICY. Supervisors and employees are strongly encouraged to discuss
job performance and goals on an informal, day-to-day basis. Additional
formal performance evaluations are conducted to provide both supervisors
and employees the opportunity to discuss job tasks, identify and correct
weaknesses, encourage and recognize strengths, and discuss positive,
purposeful approaches for meeting goals.
[Amended 4-23-2003 by Ord. No. 11-2003]
[Added 10-22-2014 by Ord.
No. 18-2014]
Employees who observe actions they believe to constitute harassment,
sexual harassment, or any other workplace wrongdoing should immediately
report the matter to their supervisor, or, if they prefer, or do not
think that the matter can be discussed with their supervisor, they
should contact the Department Head, the City Clerk or the Council
Chair. Reporting of such incidents is encouraged both when an employee
feels that he or she is subject to such incidents, or observes such
incidents in reference to other employees. Employees should report
incidents in writing using the Employee Complaint form, but may make
a verbal complaint at their discretion. If the employee has any questions
about what constitutes harassment, sexual harassment, or any other
workplace wrongdoing, they may ask their supervisor or one of the
individuals listed above. All reports of harassment, sexual harassment,
or other wrongdoing will be promptly investigated by a person who
is not involved in the alleged harassment or wrongdoing.
No employee will be penalized in any way for reporting a complaint.
There will be no discrimination or retaliation against any individual
who files a good-faith harassment complaint, even if the investigation
produces insufficient evidence to support the complaint, and even
if the charges cannot be proven. There will be no discrimination or
retaliation against any other individual who participates in the investigation
of a complaint.
If the investigation substantiates the complaint, appropriate
corrective and/or disciplinary action will be swiftly pursued. Disciplinary
action up to and including discharge will also be taken against individuals
who make false or frivolous accusations, such as those made maliciously
or recklessly. Actions taken internally to investigate and resolve
harassment complaints will be conducted confidentially to the extent
practicable and appropriate in order to protect the privacy of persons
involved. Any investigation may include interviews with the parties
involved in the incident, and if necessary, with individuals who may
have observed the incident or conduct or who have other relevant knowledge.
The complaining employee will be notified of a decision at the conclusion
of the investigation within a reasonable time from the date of the
report an incident.
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.
|
•
|
Reporting: Employees should be asked to report
complaints in writing utilizing the Employee Complaint form, but are
not compelled to do so.
|
|
•
|
Identification/Screening: The supervisor, Department
Head, City Clerk or City Solicitor must report all written or verbal
complaints to the Council Chair unless the complaint is against the
Council Chair. Upon receipt, the Council Chair 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
ten days after receiving the complaint, the Council Chair or investigator
appointed by the Council Chair will interview the employee. If the
employee is reluctant to sign a written complaint, the Council Chair
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.
|
|
•
|
Investigation: The Council Chair will seek the
advice of the City Solicitor when planning the investigation. The
investigation should be conducted by the City Solicitor 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.
|
|
•
|
Response Plan — No Corrective Action Required: The Council Chair will discuss the conclusions with the City Solicitor
and render a decision within fourteen 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
City of Linwood 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.
|
|
•
|
Response Plan — Corrective Action Required: If the investigation reveals that the complaint is justified and
substantiated, the Council Chair will formulate with the advice of
the City Solicitor 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.
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[Added 10-22-2014 by Ord.
No. 18-2014]
An employee may be subject to discipline for any of the following
reasons:
|
•
|
Falsification of public records, including attendance and other
personnel records.
|
|
•
|
Failure to report absence.
|
|
•
|
Harassment of co-workers and/or volunteers and/or visitors.
|
|
•
|
Theft or attempted theft of property belonging to the City of
Linwood, fellow employees, volunteers or visitors.
|
|
•
|
Failure to report to work day or days prior to or following
a vacation, holiday and/or leave, and/or any other unauthorized day
of absence.
|
|
•
|
Fighting on City of Linwood property at any time.
|
|
•
|
Being under the influence of intoxicants (e.g., liquor) or illegal
drugs (e.g., cocaine or marijuana) on City of Linwood property and
at any time during work hours.
|
|
•
|
Possession, sale, transfer or use of intoxicants or illegal
drugs on City property and at any time during work hours.
|
|
•
|
Insubordination.
|
|
•
|
Entering the building without permission during non-scheduled
work hours.
|
|
•
|
Soliciting on City of Linwood 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, such as those from Avon,
Amway, etc.
|
|
•
|
Careless waste of materials or abuse of tools, equipment or
supplies.
|
|
•
|
Deliberate destruction or damage to City of Linwood or suppliers'
property.
|
|
•
|
Sleeping on the job.
|
|
•
|
Carrying weapons of any kind on City of Linwood premises and/or
during work hours, unless carrying a weapon is a function of your
job duties.
|
|
•
|
Violation of established safety and fire regulations.
|
|
•
|
Unscheduled absence, and chronic or excessive absence.
|
|
•
|
Chronic tardiness.
|
|
•
|
Unauthorized absence from work area, and/or roaming or loitering
on the premises, during scheduled work hours.
|
|
•
|
Defacing walls, bulletin boards or any other City or supplier
property.
|
|
•
|
Failure to perform duties, inefficiency or substandard performance.
|
|
•
|
Unauthorized disclosure of confidential City of Linwood information.
|
|
•
|
Gambling on City of Linwood premises.
|
|
•
|
Horseplay, disorderly conduct and use of abusive and/or obscene
language on City of Linwood premises.
|
|
•
|
Deliberate delay or restriction of your work effort, and/or
incitement of others to delay or restrict their work effort.
|
|
•
|
Conviction of a crime or disorderly persons offense.
|
|
•
|
Violating any City of Linwood rules or policies.
|
|
•
|
Conduct unbecoming a public employee.
|
|
•
|
Violation of City of Linwood policies, procedures and regulations.
|
|
•
|
Violation of Federal, State or City of Linwood laws, rules,
or regulations concerning drug and alcohol use and possession.
|
|
•
|
Misuse of public property, including motor vehicles.
|
|
•
|
Unauthorized use of computers, Internet, and email.
|
|
•
|
Other sufficient cause.
|
Major disciplinary action includes termination, disciplinary
demotion or suspension or fine exceeding five working days. Minor
discipline includes a formal, written reprimand or a suspension or
fine of five working days or less. Employees who object to the terms
or conditions of the discipline are entitled to a hearing under the
applicable grievance procedure. In every case involving employee discipline,
employees will be provided with an opportunity to respond to charges
either verbally or in writing.
In cases of employee misconduct, the City of Linwood believes
in corrective action for the purpose of correcting undesirable behavior
and preventing a recurrence of that behavior. The corrective action
taken will be related to the gravity of the situation, the number
and kind of previous infractions and other circumstances. In every
case, employees will be given an opportunity to state the situation
from their point of view.
In order to correct undesirable behavior, supervisors and managers
may utilize the following corrective tools: verbal reprimand; Council
Chair review; written reprimand; suspension; fines, and, dismissal.
At the discretion of City of Linwood, action may begin at any step,
and/or certain steps may be repeated or by-passed, depending on the
severity and nature of the infraction and the employee's work/disciplinary
record.
Neither this manual nor any other City of Linwood guidelines,
policies or practices create an employment contract. Employment with
City of Linwood may be terminated at any time with or without cause
or reason by the employee or City of Linwood.
All employees are expected to meet the City of Linwood'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 City of Linwood's policies and procedures
and other disciplinary problems.
Should a supervisor believe that an employee is not conforming
to the City of Linwood'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 Council Chair, action may begin at any step, and/or
certain steps may be repeated or by-passed.
|
•
|
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 City Clerk for the employee's official personnel
file.
|
|
•
|
Council Chair Review: Should the supervisor consider
the offense sufficiently serious to warrant consideration by the Council
Chair, the employee will be so advised and a meeting arranged with
the Council Chair 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.
|
|
•
|
Written Reprimand: When a supervisor determines
that a written reprimand is appropriate, the situation must be discussed
with the Council Chair. 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 City Clerk for the employee's official personnel file.
|
|
•
|
Suspension: Whenever an employee is recommended
for suspension, the Council Chair will make the decision and may seek
the advice of the City Solicitor if appropriate. Suspended Employees
may request a hearing under the applicable grievance procedure.
|
|
•
|
Dismissal: Whenever an employee is recommended
for dismissal, the Council Chair, Linwood City Council will make the
decision only after seeking the advice of the City Solicitor. 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.
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[Added 10-22-2014 by Ord.
No. 18-2014]
Any employee whose work requires that the operation of City
of Linwood vehicles must hold a valid New Jersey State Driver's License.
All new employees who will be assigned work entailing the operating
of a City of Linwood 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.
Periodic checks of employee's drivers' licenses through visual
and formal Department of Motor Vehicles review checks shall be made
by Department Heads or Division Supervisors. Any employee who does
not hold a valid driver's license will not be allowed to operate a
City of Linwood vehicle until such time as a valid license is obtained.
Any employee performing work which requires the operation of
a City of Linwood 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 that 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 their supervisor and continues to operate a City of Linwood vehicle
shall be subject to possible termination.
Any information obtained by the City of Linwood in accordance
with this section shall be used by the City of Linwood 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. S 2721 et seq.).
[Added 10-22-2014 by Ord.
No. 18-2014]
A job description including qualifications shall be maintained
for each position (pursuant to New Jersey Department of Personnel
guidelines if the position is subject to Civil Service.) All job descriptions
must be approved by the Council Chair. The City Clerk will make copies
available upon request.
[Added 10-22-2014 by Ord.
No. 18-2014]
Inquiries and written requests for references or employment
verification regarding a current or former employee must be referred
to the City Clerk. No employee may issue a reference letter without
the permission of the City Clerk. Under no circumstances should any
information be released over the phone.
In response to a request for information, the City Clerk 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 City of Linwood is required to release the information by
law or (2) the employee or former employee authorizes the City of
Linwood in writing to furnish this information and releases the City
of Linwood from liability.
[Added 10-22-2014 by Ord.
No. 18-2014; amended 7-10-2019 by Ord. No. 14-2019]
Discussions by the governing body or any public body of the
City of Linwood concerning appointment, termination, terms and conditions
of employment, performance evaluation, promotion or discipline of
any current or prospective officer or employee may be held in closed
session unless the individual requests in writing that the discussion
be held in open session. Such request must be granted. Prior to the
discussion by the governing body or any public body of the City of
Linwood 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.
If the individual(s) does not request that the discussion be held
in open session, the governing body or other public body of the City
of Linwood may at its sole discretion invite the affected individual(s)
to attend the applicable portion of the closed session. Ultimately,
the guidance as to notification of employees and the right to have
the discussion in executive/closed session or in open session should
be discussed with and be based upon the guidance and advice of the
municipal solicitor and in conjunction with recent court decisions.
