The Borough of East Rutherford is committed to the principle of equal
employment opportunity pursuant to Title VII of the 1964 Civil Rights Act
as amended by the Equal Opportunity Act of 1972. Under no circumstances will
the Borough of East Rutherford discriminate on the basis of race, creed, color,
religion, national origin, age, marital or political status, disability, or
sex or sexual orientation. Decisions regarding hiring, promotion, transfer,
demotion or termination are based solely on the qualifications and performance
of the employee or prospective employee. If any employees or prospective employees
feels they have been treated unfairly, they have the right to address their
concern with their Department Head, Supervisor or the Personnel Administrator.
A.
In compliance with the Americans with Disabilities Act
and the New Jersey Law Against Discrimination, the Borough of East Rutherford
does not discriminate based on disability. The Borough of East Rutherford
will endeavor to make every work environment handicap accessible and all future
construction and renovation of facilities will be in accordance with applicable
barrier-free federal and state regulations and the Americans with Disabilities
Act accessibility guidelines.
B.
The Borough shall initiate an interactive dialogue with
disabled employees and prospective employees to identify reasonable accommodations
that do not create a hardship. Accommodations include modifications to facilities,
equipment and work procedures, auxiliary aides, services and permanent reassignment
to vacant positions. Employees who are reassigned to a different position
shall receive the salary of their new position. Accommodations shall not be
unduly expensive, extensive and disruptive or fundamentally alter the nature
of the operation. The Act does not require the Borough of East Rutherford
to offer permanent "light duty," relocate essential functions or provide personal
use items such as eyeglasses, hearing aids, wheelchairs, etc. To be eligible
for accommodations, individuals must 1) be able to perform the essential function
of the position; 2) not create a real safety hazard to themselves, co-employees
or the public; and 3) be otherwise qualified for the position in that they
possess the prerequisites including education, experience, training, skills,
licenses or certificates and other job-related requirements.
A.
The Borough of East Rutherford encourages employees with
contagious diseases or life-threatening illnesses such as cancer, heart disease,
Hepatitis C and HIV/AIDS to continue their normal pursuits, including work,
to the extent allowed by their condition. As in the case of other disabilities,
the Borough of East Rutherford shall make reasonable accommodations in accordance
with legal requirements to allow qualified employees with contagious or life-threatening
illnesses to perform the essential functions of their jobs as long as they
are able to meet acceptable performance standards.
B.
Medical information shall be treated confidentially.
The Borough of East Rutherford will take reasonable precautions to protect
such information from inappropriate disclosure. Managers and other employees
have a responsibility to maintain the confidentiality of employee medical
information. Anyone inappropriately disclosing such information shall be subject
to disciplinary action.
C.
Employees with questions or concerns about contagious
or life-threatening illnesses are encouraged to contact the Personnel Administrator.
A.
The Borough of East Rutherford will provide a safe and
healthy work environment and shall comply with the Public Employees Occupational
Safety and Health Act (PEOSHIA). The Borough of East Rutherford is equally
concerned about the safety of the public. Consistent with this policy, employees
will receive periodic safety training and will be provided with appropriate
safety equipment. Employees are responsible for observing safety rules and
using available safety devices including personal protective equipment. Failure
to do so constitutes grounds for disciplinary action. Any occupational or
public unsafe condition, practice, procedure or act must be immediately reported
to the supervisor or department head. Any on-the-job accident or accident
involving Borough facilities, equipment or motor vehicles must also be immediately
reported.
B.
The Borough of East Rutherford has appointed a Safety
Committee that meets on a regular basis to discuss and recommend solutions
to safety problems. Employees are encouraged to discuss safety concerns with
their Safety Committee representative.
A.
The Borough of East Rutherford recognizes that the use
of unlawful drugs and the abuse of alcohol pose a threat to the health and
safety of all employees. Any employee who is intoxicated or under the influence
of alcohol or drugs during working hours shall be immediately suspended and
subject to termination. The supervisor or department head will immediately
report any suspensions to the governing body.
B.
Employees using prescription drugs that may affect job
performance or safety must notify their supervisor or department head, who
is required to maintain the confidentiality of any information regarding an
employee's medical condition. Borough of East Rutherford personnel who
hold a commercial driver's license (CDL) are subject to the provisions
of the Commercial Driver's Licenses Drug and Alcohol Testing Policy.
A.
The Borough of East Rutherford will not tolerate workplace
violence. Violent acts or threats made by an employee against another person
or property are cause for immediate dismissal and will be fully prosecuted.
This includes any violence or threats made on Borough property, at Borough
events or under other circumstances that may negatively affect the Borough's
ability to conduct business.
B.
Prohibited conduct includes:
(1)
Causing physical injury to another person;
(2)
Making threatening remarks;
(3)
Aggressive or hostile behavior that creates a reasonable
fear of injury to another person or subjects another individual to emotional
distress;
(4)
Intentionally damaging employer property or property
of another employee;
(5)
Possession of a weapon while on Borough property or while
on Borough business except with the authority of the Police Chief; and
(6)
Committing acts motivated by, or related to, sexual harassment
or domestic violence.
C.
Any potentially dangerous situations must be immediately
reported. The Borough of East Rutherford will actively intervene in any potentially
hostile or violent situation.
The Borough of East Rutherford will not tolerate harassment in the workplace,
including harassment motivated by sex, race, creed, color, religion, national
origin, ancestry, age, nationality, marital or political status, disability
or sexual orientation. Borough officials, appointees, managers, supervisors,
employees, volunteers and outside contractors alike must comply with this
policy and take appropriate measures to insure that such conduct does not
occur. Violations of this policy will result in disciplinary action up to
and including discharge or, in the event nonemployees are found to be at fault,
other appropriate action. Employees who feel they have been subject to harassment
must report the harassment to their supervisor or, if they prefer, to the
department head or the Personnel Administrator.
A.
As a part of the antiharassment policy, the Borough of
East Rutherford also strictly prohibits sexual harassment, including but is
not limited to:
(1)
Making unwelcome sexual advances or requests for sexual
favors a condition of employment;
(2)
Making submission to or rejection of such conduct the
basis for employment decisions affecting the employee;
(3)
Creating an intimidating, hostile or offensive working
environment by such conduct;
(4)
Making unwelcome, offensive remarks or engaging in physical
contact with a subordinate or fellow employee that would not have been made
but for the employee's sex, or which is sexually oriented to the extent
that it would not occur but for the fact of the employee's gender; or
(5)
Harassment based solely on gender which creates a hostile
and offensive work environment.
B.
Sexual harassment may take different forms. One specific
form is a demand for sexual favors. Other forms of harassment include, but
are not limited to:
(1)
Sexual innuendoes, suggestive comments, jokes of a sexual
nature, sexual propositions or threats;
(2)
Suggestive objects or pictures, graphic commentaries,
e-mails, suggestive or insulting sounds, leering, whistling, obscene gestures;
(3)
Unwanted physical contact, including touching, pinching,
brushing the body, pushing; or
(4)
Non-sexual conduct such as intimidation and hostility
based solely upon gender.
C.
Employees who feel they have been subject to sexual harassment
must report the harassment to their supervisor or, if they prefer, to the
department head or the Personnel Administrator.
A.
Employees have the right to complain of anything they
perceive to be improper. This right shall be communicated to all employees
in a letter outlining the specific employee complaint procedure. A written
acknowledgement that the employee received this letter will be included in
the employee's official personnel file. This right will also be communicated
in the Employee Handbook. All complaints will be taken seriously and promptly
investigated.
B.
The Borough of East Rutherford shall not take any retaliatory
action or tolerate any reprisal against an employee for any of the following:
(1)
Disclosing or threatening to disclose to a supervisor,
department head or other official or to a public body, as defined in the Employment
Protection Act (N.J.S.A. 34:19), an activity, policy or practice that the
employee reasonably believes is in violation of a law or a rule or regulation
promulgated pursuant to law;
(2)
Providing information to or testifying before any public
body conducting an investigation, hearing, an inquiry into any violation of
law, or a rule or regulation promulgated pursuant to law; or
(3)
Objecting to or refusing to participate in any activity,
policy, or practice that the employee reasonably believes is a violation of
a law, rule or regulation promulgated pursuant to law; is fraudulent or criminal;
or is incompatible with a clear public policy mandate concerning the public
health, safety, or welfare.
C.
In accordance with the statute, the employee must bring
the violation to the attention of his/her department head. However, disclosure
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 emergency in nature. Employees are encouraged
to complain in writing using the employee complaint form but may make a verbal
complaint, at their discretion. See "employee complaint policy." Under the
law, the employee must give the Borough of East Rutherford a reasonable opportunity
to correct the activity, policy or practice. The administration of whistle
blower complaints is not subject to the limitations in the grievance policy.
In accordance with the statute, a copy of this policy will be posted in all
facilities.
Employees who wish to complain of harassment or any other workplace
wrongdoing are requested to immediately report the matter to their supervisor
or, if they prefer, to their department head or the Personnel Administrator.
Employees are encouraged to complain in writing using the employee complaint
form but may make a verbal complaint, at their discretion. No retaliatory
measures shall be taken against any employee who complains of workplace wrongdoing.
The Borough of East Rutherford will, to the maximum extent feasible, maintain
the confidentiality of such complaints on a need-to-know basis. However, investigation
of such complaints may require disclosure to the accused party and other witnesses
in order to gather pertinent facts.
A.
A grievance is any dispute concerning the interpretation,
application and enforcement of any personnel policy or procedure of the Borough
of East Rutherford. Grievances from union employees will be handled pursuant
to the terms of the applicable bargaining unit agreement. All grievances from
non-union employees must be presented within five working days after arising
and failure to report a grievance within such time shall be deemed as a waiver
of the grievance. In the event of a settlement or ruling that results in a
determination of monetary liability, such liability shall not exceed more
than 30 working days prior to the date the grievance was first presented in
writing.
(1)
Step one: Any employee or group of employees with a grievance
shall verbally communicate the grievance to his/her/their immediate supervisor.
The supervisor will communicate the decision to the employee within five working
days.
(2)
Step two: If the employee is not satisfied with the decision,
the employee must submit a written grievance to the department head detailing
the facts and the relief requested. The decision in step one will be deemed
final if the employee fails to submit a written grievance within five working
days of the step one decision. The department head will render a written decision
to the employee within 10 working days after receipt of the written grievance.
B.
These limitations do not apply to employee complaints
made under the general antiharassment policy, the antisexual harassment policy
or the whistle blower policy.
The official personnel file for each employee shall be maintained by
the department head. Personnel files are confidential records that must he
secured in a locked cabinet and will only be available to authorized managerial
and supervisory personnel on a need-to-know basis. Records relating to any
medical condition will be maintained in a separate file. Electronic personnel
and medical records must be protected from unauthorized access. Any employee
may review his/her file in the presence of the department head upon reasonable
request.
A.
Employees, including Borough of East Rutherford officials,
must conduct business according to the highest ethical standards of public
service. Employees are expected to devote their best efforts to the interests
of the Borough. Violations of this policy will result in appropriate discipline
including termination.
B.
The Borough of East Rutherford recognizes the right of
employees to engage in outside activities that are private in nature and unrelated
to Borough business. However, business dealings that appear to create a conflict
between the employee and the Borough of East Rutherford's interests are
unlawful under the New Jersey Local Government Ethics Act. Under the Act,
certain employees and officials are required to annually file with the Municipal
Clerk a state-mandated disclosure form. The Municipal Clerk will notify employees
and Borough officials subject to the filing requirements of the Act.
C.
A potential or actual conflict of interest occurs whenever
an employee, including a Borough official, is in a position to influence a
Borough of East Rutherford decision that may result in a personal gain for
the employee or an immediate relative, including a spouse or significant other,
child, parent, stepchild, sibling, grandparents, daughter-in-law, son-in-law,
grandchildren, niece, nephew, uncle, aunt, or any person related by blood
or marriage residing in an employee's household. Employees are required
to disclose possible conflicts so that the Borough of East Rutherford may
assess and prevent potential conflicts. If there are any questions whether
an action or proposed course of conduct would create a conflict of interest,
immediately contact the Borough Attorney to obtain clarification.
D.
Employees are allowed to hold outside employment as long
as it does not interfere with their Borough responsibilities. Employees are
prohibited from engaging in outside employment activities while on the job
or using Borough time, supplies or equipment in the outside employment activities.
The Borough of East Rutherford may request employees to restrict outside employment
if the quality of Borough work diminishes. Any employee who holds an interest
in, or is employed by, any business doing business with the Borough of East
Rutherford must submit a written notice of these outside interests to the
Borough.
E.
Employees may not accept donations, gratuities, contributions
or gifts.
Employees have exactly the same right as any other citizen to join political
organizations and participate in political activities, as long as they maintain
a clear separation between their official responsibilities and their political
affiliations. Employees are prohibited from engaging in political activities
while performing their public duties and from using Borough time, supplies
or equipment in any political activity. Any violation of this policy must
be reported to the supervisor, department head, Personnel Administrator or
Borough Attorney.
A.
An employee may be subject to discipline for all of the
following reasons:
(1)
Incompetence, inefficiency or failure to perform duties;
(2)
Conviction of a crime;
(3)
Conduct unbecoming a public employee;
(4)
Violation of Borough, county, state and federal policies,
procedures and regulations;
(5)
Falsification of public records including personnel records;
(6)
Violation of federal, state or Borough regulations concerning
drug and alcohol use and possession;
(7)
Chronic or excessive absenteeism or lateness;
(8)
Misuse of public property, including motor vehicles;
(9)
Violation of equal employment opportunity;
(10)
Other sufficient cause.
B.
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 are entitled to a hearing where major disciplinary
action is contemplated. The hearing shall be conducted and a decision rendered
by a Hearing Officer appointed by the Borough Council.
A.
An employee may be terminated depending upon the circumstances
for any of the following:
(1)
Incompetence, inefficiency or failure to perform duties;
(2)
Conviction of a crime;
(3)
Conduct unbecoming a public employee;
(4)
Violation of Borough, county, state and federal policies,
procedures and regulations;
(5)
Falsification of public records including personnel records;
(6)
Violation of federal, state or Borough regulations concerning
drug and alcohol use and possession;
(7)
Chronic or excessive absenteeism or lateness;
(8)
Misuse of public property, including motor vehicles;
and
(9)
Other sufficient cause.
B.
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.
An employee who intends to resign must notify the department head in
writing at least two weeks in advance. After giving notice of resignation,
employees are expected to assist their supervisor and co-employees by providing
information concerning their current projects and help in the training of
a replacement. During the last two weeks, the employee may not use paid time
off except paid holidays. The department head will conduct a confidential
exit interview to discuss benefits, including COBRA options, appropriate retirement
issues and pay due. A COBRA notification letter will be sent to the employee's
home address. The exit interview will also include an open discussion with
the employee. On the last day of work, and prior to receiving the final paycheck,
the employee must return the employee identification card, all keys and equipment.
Pursuant to N.J.A.C. 4A:8-1.1, the Borough of East Rutherford may institute
layoff actions for economy, efficiency or other related reasons but will first
consider voluntary alternatives. Seniority, lateral or other reemployment
rights for employees in career service titles will be determined by the New
Jersey Department of Personnel.
