Chapter 05. Personnel Policy and Procedures
Chapter 5 PERSONNEL POLICY AND PROCEDURES
§5-1 Creation.
§5-2 Form of Government.
§5-3 Wages & Salary Policies.
§5-4 Municipal Policies.
§5-5 Employee Benefits.
§5-6 Severability.
§5-7 Repealer.
§5-8 When effective.
[HISTORY: Adopted by the Township Council of the Township of Gloucester 11-13-95 as
Ord. O-95-56. Amendments noted where applicable]
BE IT ORDAINED by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:
SECTION 1.
That the Code of the Township of Gloucester be and is hereby amended to include Chapter 5 "Personnel and Procedures" and shall read as follows:
§5-1. Creation.
Chapter 5 of the Code of the Township of Gloucester may be amended, modified or changed from time to time by ordinance duly adopted by the Township Council of the Township of Gloucester.
§5-2. Form of Government.
The Township of Gloucester has been formed pursuant to the Optional Municipal Charter Act and is governed by the Mayor/Council Plan (N.J.S.A.40:69A-31 et seq.) as amended. This form of Government was adopted in 1982. The Township is governed by an elected Mayor who exercises executive powers and an elected council which exercises legislative powers. (Refer to Administrative Code Chapter 2 as amended adopted July 1982)
§5-3. Wages and Salary Policies.
A. Coverage
The policies set forth herein apply to all full-time and permanently assigned employees who regularly work at least 35 hours per week in all departments except the Police and Public Works departments which work a 40 hour week. Some policies may apply to part time employees on a pro rata basis; in such instances this is specifically stated in this policy.
Employees that are covered under collective bargaining agreements are subject to the provisions of the policies herein when the collective bargaining agreement does not specifically address the subject matter. The following are the recognized bargaining units:
COUNCIL 10 - County & Municipal Employees. Non-Supervisory or Technical Civil Service Classified Administrative Job Titles.
COUNCIL 10 - County & Municipal Employees. Public Works Supervisory Unit. All PW Supervisors.
Gloucester Twp. Police Committee - Patrol Officers
Gloucester Twp. Senior Officers (SONC) - Sgts., Lts., Capts.
Teamsters Union Local #676 - Dispatchers Police Dept.
AFL-CIO Local 3303E Council 71 - Public Works Employees.
B. Definition of Employees
Permanent employees: An employee that has satisfied the probationary period.
Probationary employee: An employee whose qualification for appointment to a permanent position has been determined and who will acquire permanent status upon satisfactory completion of the probationary period as determined by New Jersey Department of Personnel.
Temporary Employee: An employee who has been appointed to a temporary position which may be of a seasonal or emergency nature.
Full-Time Employee: An employee whose hours of duty are the regular and normal work week for his/her job classifications in that employee's particular department, but must be at least 35 hours per week.
Part-time employee:
A. Part time employee (20 hours to full-time): An employee assigned a part-time work week, 20 hours to full-time per week on a regular basis.
B. Part-time employee (under 20 hours per week): An employee whose hours of duty are less than the regular and normal work week, under 20 hours per week on a regular basis.
C. Hiring Procedures:
The Department that proposes to hire an employee (full time, part-time, seasonal, or temporary) must verify with the Mayor that:
1. Funds for the position are provided in the approved Municipal Budget;
2. The position has been approved by the governing body;
3. The rate of pay has been established for the position by Ordinance.
4. The position is classified or exempt by Civil Service.
5. If a classified position is contemplated, is there a current list of previous qualified applicants.
6. If the position is included in a negotiated labor agreement and the position could be determined to be promotional.
Job Description: Position requirements will be in accordance with the current New Jersey Personnel Departments Job Specifications, if the position is a classified position. If the position is an unclassified title the position requirements will be included in the Township's Administrative Code or State Statutes for those statutory positions.(Twp. Clerk, Tax Collector, Treasurer/CFO, Assessor)
Promotions: In-house promotions and/or transfers will be considered in order to fill a position. Employees must meet the requirements for promotion or transfer in accordance with New Jersey Dept. of Personnel regulations. Vacancies will be posted on the employee bulletin boards.
Advertising: If the position is not to be filled in-house or from a civil service list the
Business Administrator shall prepare the advertisement to solicit applicants. The form of advertisement shall be reviewed by the Mayor and advertisements shall run in the media best situated to attract qualified applicants.
Applicants: Every applicant will be requested to submit a job application form. The application form will be submitted to the Business Administrator. Additional information may be submitted by an applicant for employment. All applications will be maintained on file by the Division of Human Resources for a period of one year.
Testing and examination: Applicants may be required to submit to a testing and/or examination(s) which are reasonably related to the job for which the application is made. All applicants for the job shall be subject to the same testing and examination procedures. The cost of conducting any testing of examinations shall be borne by the Township. Once an employment offer has been extended, the applicant may be subject to tests and examinations which may include physical, medical, and psychiatric examinations to the extent that these are related to the position being filled.
Interview - Where applicable and reasonable, all applicants will be interviewed by either the Department Head and/or the Mayor. Where this is not possible, a process of selecting candidates for interviews will be used. This process will involve looking only at the criteria important to filling the position. The top three candidates for each position will be selected and the Department Head, or in the absence of a Department Head, the Business Administrator, will schedule the interviews. The Department Head will be responsible for checking the references of the top three candidates. The final selection will be made by the Mayor with the advice and consent of the Council when required. Nothing shall preclude the use of a panel of interviewers for any position.
Offer Letter - Appointments shall be made by the Mayor at the next regularly scheduled Township Council meeting. The Business Administrator shall inform the successful candidate by an "offer" (letter) of the appointment, setting forth the details of the appointment, job description, starting date, salary, benefits, and other pertinent matters relating to said employment. The offer letter will become part of the employee's personnel file.
Employees working with Children: Any employee who is assigned to work directly with children primarily within the Department of Recreation, regardless of part-time or full-time status, must be fingerprinted and a full background investigation will be conducted by the Chief of Police. Refusal to submit to this requirement will automatically disqualify an individual for employment with the Township.
D. Probationary Period
For the first 90 calendar days of employment, all employees are on a probationary period and may be released without the accrual of any benefits described in this policy. During this period, a release from the Township may disqualify an employee from unemployment compensation. At the end of the probationary period, and upon satisfactory completion of said period, an employee will be considered a regular full- time employee unless that employee has been hired specifically for part-time or temporary work, or the position is a classified provisional appointment, in which case the permanent appointment will not be effective until Civil Service (N.J. Dept. of Personnel) certifies the employee as being qualified for appointment in accordance with Civil Service Regulations. If an employee loses time from work, for no reason of his own, in excess of one continuous work week during the probationary period, the probationary period will be extended by that period of time.
E. Personnel Records
The Business Administrator, shall keep a personnel file for each Township employee (in the Division of Human Resources). At the least the personnel file shall contain.
- Application for employment
- Offer Letter
- Copies of forms for insurance, PERS, etc.
- Annual Attendance (including vacation, sick leave, and other leave used and accrued)
- Commendations and Complaints
- Reference verification
- Tests and other information required prior to hiring
- Schooling and other records accumulated during employment
- Copies of recent performance evaluations
- A record of any and all personnel actions taken
- Other pertinent information
Employee records shall be maintained as up to date as reasonably practicable, but in no case shall be more than two months behind.
Each employee shall be made aware of materials to be placed in his or her file, and shall have access to his or her complete personnel file upon reasonable notice to the Business Administrator during regular business hours. All information in the personnel file shall be available, except for reference checks and other information given in the process of hiring which is confidential in nature.
No employee, excluding the Mayor, Business Administrator and/or the Payroll/Personnel Supervisor shall have access to any other employee's personnel records except that a Department Head shall have access to the personnel records of any and all employees for whom the Department Head is responsible.
F. Performance Evaluation
All wages and salary increases, except those employees covered by a negotiated union contract, are given on the basis of a satisfactory performance evaluation rather than length of service. The amount of the increase shall be mad at the discretion of the governing body. However, the percentage increase shall be equally applied to all qualified employees. In case of a promotion or an increase in the responsibilities of an employee, a special review may be conducted. A review does not necessarily mean an employee will receive an increase in pay.
a. Township policy is for the Department Manager to conduct performance evaluations and review of wages on an annual basis in October of each year.
b. Probationary employees will be reviewed at 30, 60 and 90 days during the probationary period.
c. Any increase that may be awarded will be paid beginning in the pay period following that which the employee is notified of the increase, provided that the Salary Ordinance provides for such an increase. Otherwise, the increase will be granted upon amendment of the Salary Ordinance by the Township Council.
G. Holidays
Annually the Township Council by resolution will determine which Holidays the Administrative offices and Public Works will be closed. Holidays falling on Saturday, will be celebrated on Friday preceding the Holiday; those that fall on a Sunday shall be celebrated on Monday or whichever day that is the national recognized holiday.
Part-Time Employees - Part time employees, whose regularly scheduled work day falls on a holiday, shall not be compensated for the hours lost; however, the Department Manager may permit the employee to make-up the hours lost on a non- scheduled time.
H. Overtime Wages
Certain employees are covered by the overtime provisions of the Fair Labor Standards Act. These are designated as nonexempt. This means that these employees receive overtime pay for all hours worked in excess of the standard work week during any given work week.
Other employees are classified as exempt. This means that they do not receive overtime pay for any work in excess of the standard work week during any given work week. Employees in this classification are usually Executives, Managers, Supervisors, Administrators, and Professionals. The criteria for classification, as regulated by the Fair Labor Standards Act, has been appended as Appendix A.
An employee will be advised when hired whether his/her job status is exempt or non-exempt. For non-exempt employees, overtime pay at the rate of one and one-half times regular pay is given for all hours worked in excess of the standard work week.
Those employees covered by a negotiated Labor Contract, overtime will be in accordance with the adopted agreement.
All overtime must be approved by an employee's Director in advance.
Administrative employees that are exempt from overtime shall utilize "comp time"when hours are required outside the regular work week as part of the performance of their duties. Comp Time accrued in one week must be 100% utilized in the following week or such time is lost.
Upon hiring, an employee will be advised if the position required comp time. Comp time is defined as those positions requiring duties to be performed outside normal working hours.
I. Absenteeism and Tardiness
Employees who display habitual tardiness or absenteeism will have the matter brought to their attention in an interview with their immediate supervisor with the expectation that the situation can be remedied. If the pattern continues after this interview, the employee will be subject to further discipline and possible dismissal. Written records of time lost due to absenteeism and tardiness are maintained in Township personnel files.
J. Time Clock Policy
All personnel will be responsible to punch their assigned time clock in accordance with the following policy:
1. All employees, will be required to use the time clock for reporting to and from work and also to and from lunch, even if the employee will remain in the building during the lunch period.
2. There will be a 6 minute grace period at the beginning of the day, but none during the lunch hour.
3. Exceeding the 6 minute grace period will result in being docked the amount of time that the employee is late.
4. Employees shall not be permitted to work through their lunch hour in order to leave earlier. This would constitute a violation of current labor laws.
5. However, each use over and above the 6 minute grace period, will be considered a violation of the rules and regulations. At the third violation which occurs in a two month period, the Immediate Supervisor will be responsible for a formal letter to be sent to the employee and placed in their personnel file. A fourth violation within a two month period will result in a one (1) day suspension. A fifth violation in a four month time period will result in a 3 days suspension. A sixth violation in a six month period will result in a one (1) week suspension. A seventh violation in a six month period will result in dismissal.
6. The employee may request a hearing at the time of any of the above steps.
7. No employee will be permitted to use sick, vacation or personal time to compensate for their lateness or early leaving of the building, unless previously approved by the Director, in the case of an emergency, which must be approved by the Director, or the Administrator, in the absence of the Director.
8. It shall be permissible, on an incident by incident basis for a supervisor to permit an employee to punch out up to 15 minutes before their quitting time for a good cause. If the employee must hit out more than 15 minutes before the prescribed quitting time, the employee shall be docked accordingly.
9. Anyone clocking in or out for another employee, is cause for immediate dismissal of both employees.
K. Equal Employment/Affirmative Action
It is the policy of Gloucester Township to ensure equal employment opportunities to all citizens, regardless of race, creed, color, national origin, nationality, ancestry, age, sex/gender, sexual or affectation orientation, religion, marital status, atypical cellular blood traits, liability for service in the armed forces of the United States, or mental or physical disability including AIDS, HIV and HIV-related illness, family leave status, subject only to conditions or limitations applicable to all persons.
The Township hereby appoints the Township’s Business Administrator as the Affirmative Action Equal Employment Officer to carry out the policy set out herein.
It is the Policy of Gloucester Township to establish, administer and enforce practices in accordance with the laws which will achieve a working environment where discrimination shall not be tolerated or condoned.
The Township’s AA/EEO Policy shall proscribe conduct in areas of recruitment and all personnel actions including but not limited to hiring, promotion, demotion, discipline, termination, and any other term or condition of employment. Other areas of applicability include business transaction by agents of the Township, professional conduct of all employees, and the administration of general policies of the Township of Gloucester.
The letter and spirit of the Affirmative Action policy shall also apply to all individuals, corporations, entities, or businesses, acting as vendor or contractor with the Township of Gloucester.
People with AIDS, HIV or HIV related illnesses (hereinafter referred to as “AIDS”) shall be entitled to the same rights, privileges, entitlement, terms and conditions of employment, non-discriminatory practices, equitable treatment and opportunities as people with any other life-threatening illness or disability, subject only to conditions and limitations applicable alike to all persons.
This Policy, the AA/EEO Plan and subsequent procedures related there from shall apply to all Township officials and employees. Non-compliance with this Policy, the AA/EEO Plan and any of its subsequent procedures by any Township official or employee will result in disciplinary action ranging in severity from a warning to termination.
The Township Affirmative Action /EEO Officer shall have the responsibility for the administration and investigation of the Complaint Procedure outlined herein.
A. DISSEMINATION OF POLICY
1. Internal Dissemination
The AA/EEO Plan of the Township of Gloucester shall be disseminated internally by the following methods:
a. The Township Council, Township Mayor, Department Heads and AA/EEO Officer shall, through written communication, reaffirm the commitment of the Township in fostering a pro-active equal employment opportunity environment.
b. This Policy will be issued to each newly hired employee and posted on the Township’s web page, and Township Newsletter and all Township Buildings and Facilities.
c. EEO posters shall be posted in common areas such as bulletin boards, near time clocks and in the Division of Human Resources.
d. This Policy shall be posted on the Internet policy site.
2. EXTERNAL DISSEMINATION
External Dissemination of the AA/EEO policy for the Township of Gloucester shall be conducted by the AA/EEO Officer. The sources may include and are not limited to:
a. Public media sources, especially radio, web sites, newspapers, magazines and other journals. All advertisements for personnel should include a statement that “Gloucester Township is an equal employment opportunity employer”;
b. Recruitment Sources including educational institutions, job/career fairs, minorities, disabled, and women’s organizations;
c. Public facilities, public and private employment agencies, non-profit organizations, community organizations;
d. Meeting periodically with groups and organizations representing disabled persons, women and other protected classes for the purpose of addressing Affirmative Action policies, programs and issues that concern diversity in the workplace;
e. AA/EEO and ADA policy statements shall be included on all recruitment literature.
B. RESPONSIBILITY FOR IMPLEMENTATION
1. Gloucester Township Town Council, Mayor and Administration
All Township Officials are responsible for exercising personal leadership in establishing, maintaining and executing a continuing Affirmative Action Program designed to promote Equal Employment Opportunity in all aspects of their operations and will assure that every Department Head, Division Head, supervisor and employee in the Township of Gloucester is made aware that furthering this policy is an integral part of their job responsibility.
2. Business Administrator of the Township Government
The Business Administrator of the Township of Gloucester has responsibility for overall administration, monitoring, investigating and evaluation of this Policy for the Township of Gloucester. The Administrator will assess the program to determine which elements are most effective and make recommendations regarding those areas which require modification and increased efforts, and
a. provide guidance and guidelines to Department Heads in Equal Employment Opportunity matters;
b. maintain an ongoing review of all aspects of the personnel system of the Township so as to detect impediments to the implementation of the Policy and related plans and to make recommendations for eliminating any impediments discovered;
c. participate in recruitment to advance the goals as established by this Policy;
d. procure training seminars as necessary to advance the goal established by this Policy;
e. serve as a liaison between the Township, State and Federal regulatory agencies, disabled, minority and women’s groups and other organizations concerned with the advancement of equal employment opportunity;
f. maintain a comprehensive complaint system to assure that allegations of discrimination will receive prompt, fair and impartial consideration and disposition with recommendations for corrective action as appropriate; and
g. report to the Mayor and Township Council on all action taken relative to complaints of discrimination by Township employees.
h. track all personnel action according to EEO classifications; I ensure compliance with job posting requirements.
C. REPORTS
The Personnel Office shall report to the Business Administrator:
a. Personnel Action
b. new hires
c. separations
d. transfers
e. promotions
f. demotions
g. discipline
h. terminations
The Personnel Office shall maintain reports on all personnel activities
D. COMPLAINT PROCEDURE
Employees are encouraged to resolve complaints at the lowest supervisory level that has the authority to take corrective action.
Supervisors, Division Heads, Department Heads and co-workers are forbidden to take any retaliatory action against a complainant and/or witnesses under penalty of law.
1. Intake - Affirmative Action Office
Inquiries may come to the AA/EEO officer by phone, persons sending letters or by an individual visiting the office.
a. Inquiries received by phone or mail require a meeting to talk to the possible complainant to determine if there is a valid complaint to be filed. Whenever possible meetings with the complainant will be scheduled within 5-10 workdays of receipt of the inquiry.
If the Director or Division Head of the complainant is not the subject of the complaint, arrangements will be made with the supervisor for the investigator to meet with the complainant. Arrangements made by phone should include date, time and place for the meeting and agreed upon and followed up with a Confidential Investigation Memo sent to the Director or Division Head from the AA/EEO officer. Directors or Division Heads who are contacted are cautioned to respect the privacy of the complainant and/or witnesses while approving meeting times.
b. If the complainant visits the Business Administrator’s office, he/she will be counseled as to whether he/she has a complaint that meets the Township’s Affirmative Action Policy requirements.
If the employee is on official Township time and his/her supervisor doesn’t know they are at the Business Administrator’s office, then his/her supervisor shall be notified that the employee is at the Business Administrator’s office for advice. The Director or Division Head being notified is cautioned to respect the privacy of the complainant.
If the immediate Director or Division Head is the subject of the complaint then the next level of supervision above the immediate Director or Division Head should be notified.
2. Filing the Complaint
Once the complainant has discussed their complaint with the AA/EEO officer, the complainant will be advised as to whether the complaint meets the Township Affirmative Action Policy requirements.
a. Complaint meets Township Requirements.
The complainant will be asked to complete the Affirmative Action Complaint form, once they have been advised about the Township policy.
b. Notification to the Department Head
Within 10 days after receipt of the complaint the Affirmative Action Office will notify the employees’s department director that a formal complaint has been filed with a brief statement about the nature of the complaint. The department head should also be informed as to who will conduct the investigation. (The notice to the Director or Department Head should be in a sealed envelope marked confidential).
Once the Director or Department Head has been notified who will conduct the investigation, the investigator will contact the department head (or his/her designee) to make arrangements to conduct the investigation.
3. Interviewing Witnesses
Arrangements for interviews shall be made with the Director or Department Head (or his designee) to interview witnesses and to review documents 5 to 10 working days before the actual interview is conducted.
All correspondence dealing with the complaint will be mailed in interoffice mail in a sealed envelope marked confidential. Fax or e-mail may be used where confidentiality can be preserved.
4. Director or Department Head Notification to Department Staff about the Complaint
The Director or Department Head shall notify the person who has been named in the complaint as the accused that the complaint has been filed and they have been named as the offending party. The Director or Department Head shall consider the right to privacy of the complainant when determining staff that must be notified.
The investigator shall be notified by the Director or Department Head, who his/her contact person will be if he needs material, documents and interviews.
5. Investigation Complete
All attempts shall be made to complete investigations within 90 days.
When the investigation is completed, the AA/EEO officer will be given the report, with findings and recommendations.
The investigator shall meet with the AA/EEO officer to discuss the findings and recommendations before the report is finalized.
6. Notifications at the End of Investigation
The AA/EEO will contact the complainant to discuss the investigative findings and recommendations. If the complainant doesn’t agree to accept the findings and recommendations the complainant should be informed of their right to take the complaint outside the Township (e.g. Division Civil Rights).
If the complaint accepts the report, the AA/EEO officer shall send a summary of the findings and recommendations to the Director or Department Head and complainant in a sealed envelope marked confidential.
Whether or not the complainant accepts the findings and recommendations, the Township will take the appropriate action.
7. Agreement
At any point in process, if all parties agree, the complaint can be closed with the consent of the complainant. This section shall not affect subsequently filed complaints which arise from investigation into the original complaint.
E. SANCTIONS
Employees determined to have committed any offenses outlined in this AA/EEO policy will be subject to appropriate disciplinary action. The nature and severity of the offense will determine the severity of the disciplinary action.”[Amended by Ord. O-03-27 on 10-15-03]
§5.4. Municipal Policies.
A. Personnel Administration
The task of handling Township personnel records and related matters has been assigned to the Business Administrator. Upon approval by an employee's supervisor, an employee may contact the Business Administrator on such matters as insurance, and interpretation of Township policy.
B. Delay or Absence
Employees who are unable to report to work or who will be late must call in and advise their Supervisor no later than 30 minutes after the assigned shift begins. Employees covered by negotiated labor contracts will call in as provided for in their respective contracts.
Federal Law requires the Township to maintain records of all illnesses and accidents that occur during the workday. State laws regarding Worker's Compensation also make it mandatory that an employee reports any illness or injury on the job, no matter how slight or incidental. If an employee is injured or becomes ill, the employee shall immediately contact his/her Supervisor to report the illness or injury and complete the form provided for such reports. Failure to follow this procedure may jeopardize an employee's right to certain Worker's Compensation payments and health benefits in the future. Any accident taking place during the employee's workday shall be reported immediately to the employee's Supervisor or Department Head.
C. Reporting Illness/Accidents
(1) Federal Law requires the Township maintain records of all illnesses and accidents that occur during the workday. State laws regarding Worker's Compensation also make it mandatory that an employee report any illness or injury on the job, no matter how slight or incidental. If an employee is injured or becomes ill, the employee shall immediately contact his/her Supervisor to report the illness or injury. An "Employee's Report of Injury" form supplied by his/her department head must be completed and returned to the supervisor or department head by the end of the working day. Failure to report in an timely manner may delay or jeopardize Worker's Compensation benefits. All workmen's compensation claims will result in medical treatment. The medical treatment must be approved in advance by the Township. The supervisor will notify the Personnel Department immediately. The Personnel Department will notify the facility and authorize treatment. If the injury is such that a delay in receiving medical treatment will cause a serious problem or endanger the employee's health, the employee will be transported to a medical facility immediately. Treatment must be rendered with an authorized medical facility. Any treatment rendered at an unauthorized facility may not be reimbursable.
(2) After an employee sustains a work-related injury, the Panel Physician shall return the
employee to work in a limited duty capacity, with a list of tasks that the employee is unable to perform. The exception is the specific instances when the Panel Physician determines that the employee is incapable of performing any limited duty job related responsibilities and cannot return to work. Upon review, the job classifications available and considering the limitations upon the injured employee, the Panel Physician will then outline the classifications in which the employee can perform. The physician will also immediately schedule a date for re-examination or return to normal duties. Upon receipt of this information, the Business Administrator and the employee's Department Head will assign duties to that individual for the limited duty period depending on the availability of light duty. Light duty will be assigned at the discretion of the Business Administrator and the Department Head as mutually agreed. The individual will be entitled to his regular rate of pay while performing in a limited capacity. In no instance will the employee receive less than his present salary during the interim. Upon conclusion of the limited duty period, as determined by the Panel Physician, the employee will revert to his regular position or comply with the Physician's recommendation, if it is otherwise. If shall be the employee's responsibility to deliver to, or cause to be delivered to the individuals immediate Department Head and the Department of Administration and Finance the completed Medical Authorization for Limited Duty or Absence Due To Injury Form, signed by the Physician. Said form shall be delivered by the employee or his designee within twenty-four (24) hours from the time of the visit and determination. Failure to do so will subject the employee to unauthorized time off for the period without notification. The limited duty capacity will be evaluated after 45 days and will end when employee reaches maximum medical improvement. (Amended by Ord. O-98-8 on 06-22-98) [Amended on 09-27-99 by Ord. O-99-34]
D. Bulletin Boards
Bulletins and notices on bulletin boards are the Township's official manner of informing employees about new policies, procedures, and special events. Only authorized personnel, or special permission, are permitted to post, remove, or alter any notice. The bulletin board is located in the Office of the Division of Human Resources, lst floor, Municipal Building annex, and on the Union Bulletin Boards located in accordance with the contracts.
E. Use of Phones
(1) Employees are permitted to make limited use of Township telephones for local calls concerning pressing personal business during lunch or rest periods. Urgent incoming calls will be directed to employees. Long Distance toll calls for personal calls shall be reimbursed to the Township. A pay phone is located at the lower level entrance to the main municipal building at the Municipal Court Room and is for outgoing calls.
(2) Phone Procedures - It will be the responsibility of every employee who is assigned a telephone to never leave their assigned phone unattended. If an employee must leave the area of their work station they must either arrange for another employee within their immediate area to answer their calls or engage "call forwarding" to a phone that will be answered to reply to the calls forwarded. When receiving a phone call the individual answering the call will give a pleasant greeting of "Good Morning", "Good Afternoon" or "Good Evening" naming the Department and then giving their name. All exchanges with the caller will be polite and pleasant.
If you cannot assist the individual, advise them politely and then transfer them to an employee you feel will be able to help them.
F. Use of Township Vehicles
Township Vehicles are assigned to departments and to individuals within the department when the individuals assignment requires use of a Township Vehicle. All assigned drivers of Township Vehicles must be a holder of a valid State of New Jersey driver's license and any special type of licenses that may be required to operate specialized equipment such as buses, heavy trucks, etc. Prior to an employee being assigned to operate a Township vehicle, a current driver's record obtained from the State of New Jersey's Division of Motor Vehicles must be on file in the Business Administrator's office and approved by the Township's Insurance provider. A driver with an unacceptable driver's record to the insurance provider or the Township will not be permitted to operate a Municipal Vehicle. If an employee's job classification requires operation of a vehicle and the employee does not hold a current valid driver's license or the employee's driver record is not acceptable to the insurance provider, then the employee will be separated from the job title requiring the driver's license. If there are no non-driver titles available in the employees' assigned department, the employee may be terminated as being unqualified to hold a Township appointment. All drivers and passengers in any Township vehicle are required to utilize safety belts at all times.
Administrative Department Vehicles: As determined by the Mayor, some of the Departments will be assigned Administrative vehicles to be used by the Department Manager and/or staff members. Unless specifically approved by the Mayor, all administrative vehicles will be identified as a township vehicle. These marked vehicles will be operated on Township business only and will be stored, when not being operated, in the Municipal Parking Areas closest to the assigned department location.
Certain Department Managers whose job assignments require that they be available for emergency response, with the Mayor's approval, may be assigned an unmarked vehicle to be available to the Manager at all times. The approved Manager may use the assigned vehicle for transportation to and from their home and any place their duties may require them to be. No personal use of these vehicles will be permitted. In accordance with I.R.S. regulations the Treasurer will cause a $3.00 per work day taxable benefit recorded on the Director's payroll record with a corresponding tax deduction of 20% (60 cents per work day).
Accident Reports: If a driver of a Township vehicle is involved in an accident, regardless of the apparent seriousness he/she will complete and file with the Township Business Administrator and Police Department an accident report. If the accident involves another vehicle or damage to someone's property, its' owner's name, address, and license number must be obtained. If there are passengers in the vehicle all passengers' names, addresses, and other identification will be obtained. The responsible driver will not comment to either the owner and/or driver on fault or insurance coverage other than exchange the name of the insurance company and policy number.
G. Employee Identification Cards/Badges:
All employees will be issued an identification card. Employee identification cards shall be available at all times while the employee is actively engaged in their assigned responsibilities. At the request of any resident for an employee's name, the requested information will be furnished without reservation.
H. No Smoking Policy:
(a) Smoking is prohibited in all Municipal buildings in the Township of Gloucester
(b) Smoking in Municipal Vehicles - except the driver may smoke when no other person is present.
(c) Smoking is prohibited at any time in Municipal Buses.
Refer to Ordinance #O-93-10, adopted 3/8/93 and attached as Exhibit "C" for full text of Ordinance.
I. Service Awards
Service awards will be made to permanent full and part-time employees, the first at the completion of fifteen years of service, and at five year intervals after fifteen years.
J. Solicitations/Gifts
No employee shall solicit nor accept donations, gratuities, contributions, or other things of value that might place the employee under obligation to the donor.
K. Tuition Reimbursement
Full time employees may request tuition reimbursement for courses that are required to hold a particular position. The course must be completed with a passing grade in order to be reimbursed for all of the costs of books and tuition. To qualify for this benefit an employee must have worked for at least three months. Requests for tuition reimbursement must be submitted well in advance for consideration of approval and must detail the costs, time of courses, dates, course content and an explanation as to why the course is required. Requests must be submitted to the employee's immediate Supervisor, or if there is no immediate supervisor, to the Business Administrator. Special requests must be submitted to the mayor for written approval.
L. Travel Allowance
Any employee, who in the course of official Township Business uses his/her own motor vehicle for travel outside the Township shall be entitled to mileage allowance at the prevailing federal tax rate and full reimbursement for tolls. Mileage shall be calculated with the departure point of the main municipal building or the employee's residence, whichever is less. A request for reimbursement shall, whenever possible, receive prior approval for travel from the Department Manager or Business Administrator and shall be supported by a detailed claim including the number of miles, and receipts for tolls.
M. Separation
a. Resignation: An employee who resigns shall tender his resignation in writing to the Department Head at least two weeks prior to the effective date of resignation.
b. Dismissal: Unclassified employees' services may be terminated by the Mayor for cause if considered necessary. Separation due to layoff will afford an employee two weeks notification from the Township. Classified employees will receive forty-five day notices.
c. Suspension: Employees may be suspended without pay for infractions not warranting dismissal, but serious enough to require more than a written reprimand.
d. Other: Employees unable to carry out their duties because of ill health may be separated if deemed necessary by the Mayor on the recommendation of the Department Head. The Township may require the employee to submit to a medical examination for the purpose of establishing the degree of incapacity. If the physician determines that the employee is unable to return to the position because of ill health, the employee may be separated from service. Employees whose services are no longer necessary may be terminated by the Mayor on the recommendation of the Department Head.
N. Discipline
Employees are expected to follow the Township's basic conduct rules and any other rules which may be established in the future. The following are strictly prohibited and may result in immediate termination:
Violating State or Federal Laws
Stealing, dishonesty, or furnishing false or incomplete information for personnel records, and test reports.
Disclosing any confidential Township information to unauthorized persons outside the Township service.
Receiving or offering any payment, gratuity, or complementary gift of such value that it may be perceived as an attempt to influence the performance of duty.
Reporting for work while under the influence of intoxicants or narcotics, or their possession, or use on Township premises.
Gambling, fighting, disorderly conduct that violates common decency or morality (including use of abusive language).
Failure to carry out any reasonable order by a management representative, insubordination, or refusing to work on jobs assigned by the employee's Supervisor or Department Head.
Being excessively tardy or having unauthorized absences.
Failing to meet reasonable standards of efficiency.
Being careless or negligent, resulting in damage, destruction, or loss of Township property without proper authorization.
Creating fire, safety, or health hazard, and failing to use safety devices or procedures provided for an employee's protection.
Leaving the assigned work place for other personal needs or assigned duties without authorization from the employee's Supervisor.
Bringing unauthorized persons on Township property.
Defacing or removing notices on bulletin boards or other Township property or posting notices without Supervisor approval.
O. Progressive Discipline Policy
When necessary, Township practices a "progressive discipline" approach to rule infractions. There are four steps of progressive discipline, with actual disciplinary action starting at the lowest step that is appropriate to the seriousness of the problem.
1. Verbal Warning
Is held with an employee who has exhibited unsatisfactory conduct so that the employee has the opportunity to correct such actions. A verbal warning is documented by the Supervisor and Department Head.
No more than two verbal warnings will be conducted for the same rule violations within a six-month period without further disciplinary action.
2. Written Warnings
Are placed in a file for one year. If no further rule violations occur within a one year time frame, the documentation is destroyed and the record is cleared. There will be no more than one written notice issued for a rule violation in a twelve month period without progressive disciplinary action.
3. Suspension Without Pay
No more than one suspension for the same offense will be issued in a twelve month period without progressive disciplinary action.
4. Termination
In accordance with N.J. Dept. of Personnel regulations for classified employees or state statutes and/or the Township Administrative Code for unclassified employees.
P. Policy Prohibiting Sexual Harassment
INTRODUCTION
It is the policy of the Township of Gloucester (hereinafter the “Township”) to assure a work environment free of sexual harassment. Sexual harassment undermines the employment relationship by creating an intimidating, hostile, or offensive work environment and will not be tolerated. All employees are required to view any films required by the Township addressing sexual harassment in the workplace and a record of this viewing along with the employee’s signature shall be maintained in the employee’s personnel file.
The intent of this policy is to maintain a positive and productive work environment which is free from discrimination and harassment. The Township maintains a zero tolerance policy regarding sexual harassment.
PURPOSE
To establish, administer and enforce a policy which prevents sexual harassing behavior in the workplace;
To define and identify behavior which constitutes sexual harassment;
To establish policies and complaint procedures for individuals to follow if they are confronted with behavior which constitutes sexual harassment;
To establish guidelines for the investigation of complaints regarding sexual harassment and to provide appropriate remedies, where applicable;
To require mandatory sexual harassment training for all Township employees and officials.
APPLICATION
EMPLOYEES & OFFICIALS
This policy shall apply to all employees and officials working for or carrying out their duties under the direction of the Township with respect to their interactions with: (i) other Township employees; (ii) vendors or contractors doing business with the Township; (iii) members of the public. (All references to employees in this policy shall be deemed a reference to employees and officials).
VENDORS & CONTRACTORS
This policy shall apply to vendors and contractors doing business with the Township, with respect to (i) interaction with Township employees, or (ii) interaction with the public, when those actions are related to contract activities being performed on behalf of the Township.
GENERAL PUBLIC
This policy shall apply to members of the public with respect to their interactions with Township employees.
DEFINITION
Sexual harassment consists of one or more of the following behaviors:
Unwelcome sexual advances;
Requests for sexual favors;
Other verbal or physical conduct of a sexual nature when:
Submission to such conduct is either explicitly or implicitly made a term or condition of an individual’s employment or continued employment; or
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.
The intent of a person conducting such harassing behavior is irrelevant.
EXAMPLES
Sexual harassment may be physical, verbal or visual/pictorial. Examples of sexual harassment may include, but are not limited to:
Sexually explicit language or gestures;
Offensive overall environment, including the use of vulgar language, the presence of sexually explicit photographs or other materials, unwelcome letters, phone calls, or materials of a sexual nature;
Unwelcome pressure for dates or unwanted flirtations/propositions,
Demands for sexual favors in exchange for favorable treatment or continued employment; suggesting or demanding sexual involvement which may include implied or explicit threats concerning the individual’s job status, or employment condition;
Gender based humor; sexual jokes or humor with sexual overtones;
Sending or receiving information of a sexual nature via e-mail or over the Internet;
Verbal abuse of a sexual nature;
Graphic or verbal commentary about an individual’s body, sexual prowess or sexual deficiencies;
Leering, whistling, pinching, or other inappropriate touching;
Touching or brushing against another’s body, patting or other physical contact; or other unwanted sexual advances;
Attempted or actual kissing or fondling;
Implied or overt sexual threats;
Sexual assault, coerced sexual acts or rape;
Suggestive, insulting, obscene, or demeaning comments or gestures of a sexual nature; and/or
Display in the work place of sexual, suggestive objects or pictures (for example, calendars, pin-up posters and magazines).
WHEN IS POLICY APPLICABLE?
TOWNSHIP TIME
Conduct which may be considered sexual harassment is strictly prohibited in the work place itself and in other work-related settings such as business trips, court appearances, conferences, seminars and other business related events.
OFF-DUTY TIME
Conduct which may be considered sexual harassment is strictly prohibited at Township-related functions such as picnics, outings, breaks and lunches. In addition, there are limited circumstances when an employee may be subject to disciplinary action for harassment even when that employee is not on official work time or functioning “within the scope of his/her employment.” These circumstances generally pertain to out-of-work harassment of a fellow worker.
WHO CAN BE HARASSED:
GENDER
Sexual harassment can occur from male to female, female to male, female to female or male to male. There is no requirement that any of the individuals must be homosexual in same-sex harassment.
OTHER CIRCUMSTANCES
Sexual harassment may occur from supervisor to subordinate, subordinate to supervisor, co-worker to co-worker, or it may involve an employee, vendor, contractor or the public.
INTERPRETING SEXUAL HARASSMENT
WELCOME OR NOT
How does an individual know if his/her actions are welcomed or not? Generally, this question is answered by examining (i) whether the action which is subject of a complaint was initiated or solicited by the person who complains of the action, and (ii) if that person perceived the action as offensive. Because someone does not openly object to or complain about sexual harassment does not mean it is welcomed. Individuals cannot make assumptions as to whether their actions are welcomed.
GOOD INTENTIONS
Intentions do not determine whether what one says or does constitutes sexual harassment. What counts is the impact on the person affected by that behavior. The problem of the difference between intent and effect occurs most often with jokes. People will say about behavior such as an off-color joke, which is the subject of a complaint, “I didn’t mean to offend anyone”, or “it was just a joke!” However, such behavior may create a hostile work environment and is impermissible. The idea that “it’s all in good fun”, “I didn’t mean anything by it,” or “I didn’t mean to offend anyone on purpose” does not convert behavior or comments which some people might find offensive into acceptable behavior and comment.
WHAT IF IT’S NOT DIRECTED TO THE PERSON COMPLAINING
Even if an individual’s actions are not directed to a particular person, his/her conduct may be considered sexual harassment. For example, if an employee is talking to a co-worker about a sexual fantasy and second co-worker overhears the conversation, the second co-worker may file a complaint about the behavior even though this co-worker was not a part of the initial conversation. The fact that an individual is exposed to behavior which may be considered sexual harassment, is what matters.
AVOIDING PROBLEMS
The best way to avoid misunderstanding, mis-communications and those “gray areas” is to avoid engaging in any behavior or conversation which is sexually suggestive, has sexual overtones, is gender based, or pertains to the human anatomy, unless discussions on these topics are inherently necessary because of the particular requirements of a job.
CONSENTING AND/OR ROMANTIC BEHAVIOR
A. PROBLEMS
Consenting and/or sexual relationships between employees at the same level or between a supervisor and his/her subordinate may lead to unforseen complications. For example, in some cases, relationships which were characterized as voluntary while they were ongoing, become characterized as non-voluntary once the relationship terminates. In these circumstances individuals typically explain or claim that the relationship was not, in fact, consensual at all, but was, instead, based on a fear of retaliation or loss of job. In other cases, no matter how the relationship ends or is later characterized, the relationship itself has the strong potential for interfering with the work environment. It may cause other employees to perceive that a participant in a relationship receives favored treatment, or that one or both of the participants fail to attend to their duties.
B. GUIDELINES
Employees choosing to participate in a romantic or sexual relationship should be aware of these general guidelines:
Each employee should be aware of the possible risks of romantic and/or sexual relationships in the work place generating accusations of sexual harassment.
Supervisors should not engage in romantic and/sexual relationship with employees that hold a subordinate position. Relationships between individuals of the same rank or authority are strongly discouraged.
Employees who enter into a romantic and/or sexual relationship with another Township employee should realize that if a complaint of sexual harassment is subsequently made, it will be exceedingly difficult to defend such charges on grounds of mutual consent where there is a difference in rank or authority between the persons involved.
The Township may alter the responsibilities or assignments of parties engaged in a consenting relationship to diminish the professional contact they may have with each other when (i) the relationship is between a supervisor and subordinate, or (ii) when the romantic and/or sexual relationship could possibly interfere with the performance of work duties.
11. REPORTING COMPLAINTS OF SEXUAL HARASSMENT - OPTIONS
The Township encourages individuals who experience or observe sexual harassment in employment situations or other circumstances relating to Township government to clearly and promptly notify the offender orally or in writing that his/her behavior is unwelcome and must cease. Sexually harassing behavior should not be ignored.
The following guidelines should be followed where an individual chooses to handle a complaint informally:
A. OPTION ONE - INFORMAL COMPLAINT
1. If for any reason an individual does not wish to confront an offender directly, or if a discussion with the offender does not successfully end the harassment, the individual should notify a Township management level employee who is not the subject of the complaint and who holds a position at a higher level than that of the person about whom the complaint is made. The supervisor receiving the report shall, working with the reporting individual, formulate a plan of action designed to promptly deal with the harassment allegations. The plan may include, but need not be limited to: investigation of the allegations, the supervisor’s speaking directly with the alleged harasser, or the arrangement of mediation between the complainant and the alleged harasser.
2. An individual reporting sexual harassment should be aware, however, that the Township may decide that it is necessary to take action to address the harassment beyond an informal discussion. Although deference will be granted to the wishes of an individual reporting the harassment, it is ultimately the responsibility of the Township to address sexual harassment at the Township and recommend appropriate remedies.
This informal procedure is not a required first step for making a formal complaint of sexual harassment.
Where an employee or non-Township employee is involved, a supervisor shall consult, with the Township Administrator to discuss what, if any, disciplinary action may be warranted in connection with the report of harassment.
All incidents shall be reported to the Township Mayor.
The following guidelines should be followed where an individual chooses to handle a complaint formally:
B. OPTION TWO - THE FORMAL COMPLAINT
In the event that the reporting individual does not wish to pursue the informal procedure, or in the event that the informal procedure does not produce a result satisfactory to the reporting individual, the following alternatives are available are available to formally file a sexual harassment complaint:
HOW TO FILE A COMPLAINT
a. An individual may file a written report with any supervisor. In such a case, the supervisor, if the matter involves an employee, must submit a copy of the written complaint to the Business Administrator within twenty four (24) hours of his/her receipt of the complaint. If the matter involves a non-employee, the supervisor must submit the complaint to the Business Administrator.
Where a supervisor is accused, the individual filing a complaint is not required to report the situation to that supervisor. A report to another management person is appropriate and/or the Township Mayor.
An individual may bypass reporting to a supervisor and may report the alleged action directly to the Township Mayor.
All written communications should be placed in a sealed envelope and marked “PERSONAL & CONFIDENTIAL”.
All complaints shall be immediately reviewed by the Township Mayor.
12. INVESTIGATING THE FORMAL COMPLAINT:
A. CONFIDENTIALITY
1. Confidentiality shall be maintained throughout the investigatory process, to the extent practical and appropriate under the circumstances.
2. The Township cannot promise confidentiality concerning individuals who have knowledge of a situation about which a complaint is made. People with knowledge, including the complainant, will be contacted by the Township. In contacting people with knowledge, the Township will tell them that:
(i) The Township will use every effort to keep information as confidential as is practical.
(ii) Matters discussed within the investigation should not be discussed outside the sexual harassment interview process.
(iii) Information provided will be dispersed to persons who have a need to know, or who have the right to respond to, verify or deny any allegation.
3. Persons being charged with sexual harassment are entitled to know the charges against them, and by whom the charges are made. Persons charged will be given an opportunity to respond.
4. The Township may disclose information regarding a sexual harassment claim and its investigation of the claim in connection with disciplinary proceedings, State administrative proceedings, litigation, or as otherwise required by law.
B. WHO WILL INVESTIGATE A COMPLAINT
1. Any allegation of sexual harassment brought to the attention of a supervisor, division/department head, the Business Administrator and the Township Mayor, will be investigated in a prompt, efficient and unbiased manner.
2. Complaints may be initially investigated by a supervisor to whom the complaint was reported, and/or by the Business Administrator and/or Township Mayor and/or by investigative staff as designated by the Business Administrator and/or Township Mayor.
3. The Township may use the services of persons who are not Township employees to investigate a complaint of sexual harassment.
4. A supervisor who is subordinate to an alleged harasser will not investigate the complaint and will remove him/herself from that investigation, report, and recommendation process.
5. Any employee who is directly involved in a sexual harassment allegation will remove him/herself from the investigation, report and recommendation process.
In all cases involving the Department of Police, the reporting procedure for either an informal or formal complaint shall be as follows:
An employee who believes he or she has been sexually harassed shall contact either the immediate supervisor, the Division Commander, or the Office of the Chief of Police. In all cases, a report will be filed and forwarded to the Chief of Police.
The Command & supervisory Personnel shall be responsible for reporting instances of sexual harassment on the appropriate department forms. (PD 108)
Until the complaint is found to be valid, the identities of the involved parties shall be kept confidential.
The Command & Supervisory Personnel shall be responsible for initiating immediate disciplinary action if the situation warrants same and shall take immediate action to limit the affected employees from any further work contact. [Amended on 05-29-02 by Ord. O-02-23]
C. WHAT DOES AN INVESTIGATION INVOLVE?
Depending on the circumstances, an investigation will attempt to:
(1) Confirm the name and position of the complainant.
(2) Identify the alleged harasser(s).
(3) Determine if any witnesses observed or had indirect knowledge of the alleged harassment.
(4) Conduct interviews with the complainant, the alleged harasser(s), and others with relevant knowledge.
(5) Obtain tangible evidence, including all notes, diaries, pictures, documents and other evidence.
(6) Determine frequency, type of alleged harassment, and the date when alleged harassment occurred.
(7) Determine if the complainant and the alleged harasser(s) present conflicting versions of the facts.
(8) Determine how the complainant and the alleged harasser(s) present conflicting versions of the facts.
(9) Develop a thorough understanding of the professional relationship, degree of control, and amount of interaction between the alleged harasser(s) and complainant.
(10) Determine whether the alleged harasser(s) carried out any threats or promises directed at the complainant.
(11) Determine whether the complainant or any witnesses know of, or suspect, that there are other individuals who have been harassed by the alleged harasser(s).
(12) Advise the alleged harasser(s), of the Township policy against retaliation for making a complaint of sexual harassment.
(13) Conduct clarification interviews, as necessary.
(14) Use best efforts to begin the investigation within five (5) business days of the receipt of the complaint.
(15) Afford the accused harasser(s) the opportunity to address all the evidence presented against him/her/them prior to the investigator’s preparation of a final report.
D. STEPS TO FOLLOW IF ACCUSED OF SEXUAL HASRASSMENT:
(1) A Township employee accused of sexual harassment has an obligation to cooperate with the investigative process.
(2) If the alleged harasser believes he/she has been unjustly accused in a formal charge, he/she should put his/her own signed account of any relevant facts pertaining to the complaint in his/her own words, in writing, to the investigator. The alleged harasser should also provide the names of any witnesses, documents or any other relevant information to the investigator.
(3) The alleged harasser should promptly notify the investigator if the allegations are, in fact, true and provide a written explanation as to why that employee engaged in that conduct.
(4) An individual accused of harassment may wish to obtain advice from his/her union or other knowledgeable person.
E. RESOLVING THE COMPLAINT:
(1) Upon completion of the investigation and prior to notification to the parties, the investigator will contact the Business Administrator and the Township Mayor, as required by the circumstances, and communicate the findings of the investigation.
The investigation will be discussed. Decisions concerning the disciplinary action and/or corrective action will be made by Business Administrator and/or Township Mayor upon consultation, in their discretion, with other Township officials.
(2) The Business Administrator or the Township Mayor, or their designee, in writing, will advise the complainant and the alleged harasser of the investigative findings and of any disciplinary or corrective action, if applicable.
(3) As to Township employees, appropriate corrective measures will be enforced by Township management personnel, in conjunction with the Business Administrator and such other persons as the Business Administrator may direct. As to non-Township personnel, the Business Administrator or his designee will enforce corrective measures.
(4) Employees found to have engaged in misconduct constituting sexual harassment will be subject to disciplinary action, consistent with civil service procedures and other applicable legal requirements.
(5) Appropriate remedies will be provided to the individual filing a complaint.
(6) Remedial action in connection with persons who are not Township employees who have been found to have engaged in conduct constituting sexual harassment will be based upon the particular circumstances of the relationship between the Township and the person(s) involved.
(7) If either party directly involved in a sexual harassment complaint is dissatisfied with the outcome or resolution, that individual may pursue any legal right as may be available under the laws of the State of New Jersey.
(8) If the investigation finds, that the complainant has failed to provide sufficient evidence to prove the allegation(s), then that finding will be communicated to the appropriate parties. The matter will then be administratively closed.
(9) If an investigation reveals that an employee knowingly set forth false or malicious claims of sexual harassment, that employee will be subject to the appropriate disciplinary action.
(10) This Policy shall be interpreted consistent with the Township Policy & Procedure manual, and other applicable laws and regulations.
(11) If an individual who has filed a complaint, fails to cooperate with an investigation, the Township may, in the exercise of its reasonable discretion, decide to proceed with the investigation or to close it.
(12) Any employee who fails to cooperate with the investigatory process may be subject to disciplinary action.
F. INTERFERENCE WITH AN INVESTIGATION
1. It is against this policy for an employee to interfere with or obstruct an investigation by an individual conducting an investigation.
2. Employees interfering with an investigation will be reported to the Business Administrator and may be subject to appropriate disciplinary action.
13. PROHIBITION AGAINST RETALIATION/REPRISAL
No Township employee, at any level, shall retaliate against an individual who makes a report of sexual harassment.
A. Retaliation is a serious violation of this policy and should be reported immediately to a supervisor or to the Business Administrator or to the Township Mayor.
B. Retaliation can occur in many forms including but not limited to loss of job duties, responsibility or authority, demotion, loss of promotion, unwarranted disciplinary action and termination.
14. ALTERNATE AVENUE OF REDRESS
A. An individual may exercise his/her rights under applicable law or, in the case of a Township employee, in accordance with the union grievance procedures.
15. SEXUAL HARASSMENT TRAINING
A. All employees shall be required to attend sexual harassment training sessions in accordance with the direction of the Business Administrator or his designee.”[Amended on 04-08-02 by Ord. O-02-13]
Q. SUBSTANCE ABUSE POLICY
The Township of Gloucester, County of Camden, State of New Jersey desires to provide a safe work place and promote the health and safety of Township employees and to provide the citizens of the Township of Gloucester with a commitment to public safety, health and welfare.
The public trust is an essential element to the effective performance of any government service. The Township’s goal and desire is to instill public confidence in the integrity of its employees. The Township therefore resolves that all employees must maintain an ability to act in a rational manner with a clear thought process, which is unaffected by alcohol misuse and or the use of any controlled dangerous substance.
Because alcohol misuse and or the use of a controlled dangerous substance may effect the mental and physical condition of an employee, the Township mandates full compliance with the provisions set forth in this policy directive.
This Substance Abuse Policy contains prohibitions on drug and alcohol use by employees. It also provides for:
Pre Placement Testing
Reasonable Suspicion Substance Testing
Follow-up Testing after a Return to Work
POLICY
By adopting regulations and procedures for alcohol and drug testing, the Township hereby establishes a program to help prevent accidents and injuries resulting from the misuse of alcohol or a controlled dangerous substance use by municipal employees and or safety sensitive personnel.
The goal of the Township is to provide a work place that promotes health and safety. Alcoholism and drug addiction are treatable diseases, and it is the Township’s policy to encourage employees to follow a prescribed and approved rehabilitative program in overcoming a dependency upon or problems with alcohol and drugs.
The Township will conduct alcohol and drug training program seminars to assist all employees and their supervisors to understand their responsibilities, to inform them of the dangers of alcohol and drug abuse, to explain the disciplinary actions that may be imposed upon individuals for drug and alcohol abuse in the workplace and the availability of counseling and rehabilitative programs.
All employee alcohol and drug testing results will be maintained under strict confidentiality by the Township, drug testing laboratory, substance abuse professional and medical review officer.
The Township is committed to maintaining an alcohol and drug free work environment. Non compliance with this policy or violations of this ordinance may result in severe disciplinary action, including suspension, loss of pay and or loss of commercial driver license and or dismissal.
PROHIBITIONS
ALCOHOL
No Alcoholic beverage will be brought onto or consumed on Township property. Using or being under the influence of an alcoholic beverage while at work or on Township property, or in Township vehicles, is prohibited by this policy.
ILLEGAL DRUGS
The use, transfer, possession, sale, purchase, manufacture or distribution of illegal drugs, or having a measurable quantity of an illegal drug in one’s system while at work, or on Township property or in Township vehicles is prohibited by this policy.
PRESCRIPTION AND NONPRESCRIPTION MEDICATION
The Township does not prohibit the use or possession of prescription and nonprescription medications when such are taken in accordance with a lawful prescription or consistent with standard recommended dosage. However, employees using prescription or non prescription medication must inform their Department Head or Supervisor if such use is likely to cause a safety risk or other unsafe work condition or impair their ability to perform their job.
Employees will not be required to reveal the medical condition which resulted in the use of the medication, but only the possible side effects of the medication which are likely to impair the employee’s ability or create a safety risk.
Considering the employees type of work, and/or safety sensitive employees may be required to provide confirmation from his or her physician that the prescribed use will not create a safety risk or other unsafe work condition.
Unreported and unauthorized use of prescription or nonprescription medication while at work or on Township property or in Township vehicles, which is likely to impair one’s work performance or create a safety risk or other unsafe work condition to employees or Township residents is prohibited by this policy.
DEFINITIONS
Alcohol
The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohol’s including methyl and isopropyl alcohol.
Alcohol Use
The consumption of any beverage, mixture, food or preparation, including any medication containing alcohol.
Controlled Dangerous Substance (CDS)
Any controlled substances that falls within the schedule of the New Jersey Administrative Code but not limited to the categories of Opiates, Marijuana, Cocaine, Amphetamine and Phencyclidine, Barbiturates, Benzodizepine, methadone, propoxyphene.
Employee
An individual employed by the Township of Gloucester on a full time or part time basis.
Medical Review Officer (MRO)
A licensed physician responsible for receiving, interpreting, evaluation and reporting drug testing results.
Safety Sensitive Function/Position
A job for which the operation or ability to operate a motor vehicle, or the operation of Township public works machinery or equipment and the performance of any repairs on motor vehicles, this definition shall also include all supervisors, who oversee safety sensitive personnel.
Substance Abuse Professional, (SAP)
A certified Substance Abuse Professional, physician, psychologist and social worker who reviews and evaluates employees as to the issue of drug use/alcohol misuse.
Township
This shall mean Township of Gloucester
SECTION I
Alcohol Use.
No employee shall report for, or remain on duty while having an alcohol concentration of 0.04 or greater. Any supervisor having actual knowledge that an employee has an alcohol concentration of 0.04 or greater, shall not permit the person to perform or continue to perform his/her duties.
No employee shall use alcohol during working hours. Any supervisor having actual knowledge that an employee is using alcohol shall not permit him or her to perform their duties or functions.
No employee shall use alcohol within four (4) hours preceding the performance of safety sensitive functions. Any supervisor, having actual knowledge that an employee has used alcohol within four (4) hours, shall not permit an employee to perform or continue to perform safety sensitive functions.
No employee shall refuse to submit to any alcohol test required by this policy. Penalties for refusal are listed in the Disciplinary Process herein.
Required Alcohol Testing
All employees required to be tested for alcohol shall be administered an alcohol Breathalyzer test administered by a qualified police officer designated by the Gloucester Township Police Chief.
1. Pre Placement Testing
Prior to the first time that any person is employed to perform a safety sensitive function for the Township of Gloucester, he or she shall be subject to the requirements of this Section.
The Township, upon making an offer of employment to an individual, shall inform the potential employee that the offer is contingent upon successful completion of a test for alcohol use.
Said testing shall be conducted in accordance with the mandates listed herein.
Those persons who undergo a pre-placement alcohol test with a result of 0.04 or greater shall not be hired.
3. Reasonable Suspicion Alcohol Testing
All employees of the Township in supervisory positions shall undergo a minimum of three (3) hours of classroom training. The training shall minimally include:
Method of detecting and recognizing the physical, behavioral, speech, and performance indicators of probable alcohol misuse; particularly those associated with lower concentrations of alcohol and,
Related training for the detection and recognition of controlled substances use.
Anonymous tips cannot be a basis of reasonable suspicion.
When a trained supervisor or other trained Township Official has reasonable suspicion that an employee may be under the influence of alcohol, he or she shall:
Complete the three-part Township of Gloucester Supervisor’s Report of Reasonable Suspicion Form, following the appropriate instructions.
• Contact the Department of Personnel by telephone to report the occurrence immediately. The supervisor will be given instructions as to what action should be taken.
Alcohol testing is authorized by this section only if the required observations are made just before, during, or immediately after performance of employee duties. Alcohol testing shall be conducted no more than two (2) hours after the reasonable suspicion determination has been made by the supervisor.
If the required testing is not performed within the two (2) hour time period, a report shall be prepared by the Department of Personnel indicating the reason(s) for not promptly administering same.
4. Return to Duty Alcohol Testing
Prior to returning to duties, any employee who has been determined to have engaged in alcohol-related conduct prohibited by this policy, shall undergo a return-to-duty alcohol test and will be allowed to return only with a result indicating an alcohol concentration of less than 0.04.
Follow-up Alcohol Testing
Any employee who has required a referral, evaluation, and/or treatment by a Substance Abuse Professional for alcohol use shall be subject to unannounced follow-up testing.
Said testing shall not occur more than three (3) times in the first 12 months following the employee’s return to duty, two (2) times in the second 12 months and once (1) in the third twelve months.
The Substance Abuse Professional may terminate the requirement for follow-up testing at any time after the first twelve months if he or she determines that they are no longer required.
The employee shall be further evaluated by the Substance Abuse Professional to ensure that he or she has properly followed and completed any prescribed rehabilitation program.
Controlled Substance Possession and Use
The testing for controlled substance use shall be conducted by the Township of Gloucester or Township authorized agency.
Testing required by this policy shall consist of the providing of a urine sample by the employee which will be split into two (2) separate units and analyzed by an outside laboratory.
If an employee tests positive for controlled substance use, he or she shall be removed from his/her employ without pay and have an opportunity for the second sample to be tested by a second laboratory which shall also be provided by the Township of Gloucester. The cost for the split test shall be paid by the employee. In the event the split test is reported as a negative result, the employee shall be reimbursed by the Township.
If the second sample verifies the positive test of the first, the employee shall be required to undergo evaluation, treatment, if required by a Substance Abuse Professional, and a return to duty test indicating a negative test result. The cost for all subsequent testing shall be paid for by the employee.
The penalty for refusing to submit to a controlled substance test required by this policy shall be that described in the Disciplinary Process of this Ordinance.
No employee shall report for or remain on duty while using or having used a controlled substance. Minimal ineligibility shall be 32-hours and until tests results are negative.
If an employee is required to take a prescription medication pursuant to the instructions of a licensed physician, he or she shall provide a physician’s note which effectually states that the medication does not adversely affect his/her ability to perform his/her functions and duties. The documentation does not have to provide the medication the employee has been prescribed just that it does not affect his/her ability to perform his/her function. This documentation shall be presented to the employee’s supervisor who shall forward same to the Department of Personnel.
Any supervisor, having actual knowledge that an employee has used a controlled substance, shall not permit him or her to perform or continue to perform functions for a minimum period of 32 hours in accordance with this policy and be suspended with pay pending review and receipt of any testing results by the MRO. If the result is positive for violation of this policy, then employee shall be subject to the sanctions found in Disciplinary Process, effective the day testing occurred.
Any person employed by the Township of Gloucester, while in the course of his or her employment, shall not possess medication, food, or any other product containing a controlled substance regardless of the amount contained therein which is not specifically manifested to be on Township property.
Required Controlled Substance Testing
Pre-Placement Testing
Prior to the first time that any person is employed by the Township of Gloucester, he or she shall be subject to the requirements of this Section.
The controlled substances prohibited by this Section are marijuana, cocaine, opiates, amphetamines, Phencyclidine (PCP).
The Township upon making an offer of employment with the Township to an individual, shall inform the potential employee that the offer is contingent upon the successful completion of a test for controlled substance use.
The potential employee shall present himself or herself to the Township designated office for a post-offer physical as well as controlled substances urine test. This test shall be conducted in accordance with the mandates listed in this policy.
Those persons who undergo a pre-employment controlled substances test in which the verified test results indicate positive use shall not be hired.
E. Reasonable Suspicion Controlled Substances Testing
a) When a trained supervisor or other trained Township official has reasonable suspicion that an employee may be under the influence of a controlled substance, he or she shall:
Complete the three-part Township of Gloucester Supervisor’s Report of Reasonable Suspicion form following the appropriate instructions.
Contact the Department of Personnel by telephone to report the occurrence immediately. The supervisor/official will be given instructions as to what action should be taken (i.e., Drive the employee to the Township designated testing site).
Controlled substances testing is authorized by this Section at any time if the required report is made and the observation report received by the Department of Personnel within 24 hours of said observation.
Controlled substances testing shall be performed within 32 hours of the supervisor’s/official’s direct observation.
If the testing is not performed within the 32 hours time period, a report shall be prepared by the supervisor and/or the Department of Personnel indicating the reason(s) for not promptly administering same.
F. Return to Duty Controlled Substance Testing
Prior to returning to municipal employment, any employee who was determined to have engaged in controlled substance use prohibited by this policy, shall undergo a return to duty controlled substance test with a verified negative result and reimburse the Township for the cost of same.
G. Follow-Up Controlled Substance Testing
Any employee who has required a referral, evaluation, and/or treatment by a Substance Abuse professional for controlled substance use shall be subject to unannounced follow-up testing as directed by the SAP and reimburse the Township for the cost of same.
Said testing shall occur no more than three (3) times in the first 12 months following the employee’s return to duty, two (2) times in the second 12 months and once (1) in the third twelve months.
The Substance Abuse professional may terminate the requirement for follow-up testing at any time after the first twelve months if he or she determines that they are no longer necessary.
The employee shall also be evaluated by the Substance Abuse Professional to ensure that he or she has properly followed and completed any prescribed rehabilitation program.
SECTION II.
A. Breath Alcohol Testing Procedures
Upon receiving notification to report to the designated site by the Department of Personnel for a follow-up post-accident, or post-offer breath alcohol test, the employee shall:
Provide positive identification of his or her identity with a Township identification card, photo identification, or a valid photo driver’s license.
The collector shall perform the calibration of the breath testing unit and the breath alcohol test in accordance with the Breathalyzer Operational Checklist from the manufacturer.
In the event of a test result of 0.04 or greater, the employee will be given a second test within the time frame listed by the manufacturer, but in no case more than 20 minutes later.
If the employee again tests at 0.04 or greater, he or she shall be removed from his/her safety sensitive functions and duties.
In case of a pre-employment breath alcohol test with a prospective employee testing at 0.04 or greater, he or she shall not be hired for a safety sensitive function.
In all cases of Breathalyzer testing, if an employee is unable to provide enough breath for a complete test, he or she shall be referred to a medical doctor for evaluation. If that evaluation fails to detect any medical reason for the inability to provide sufficient breath, the employee shall be deemed to have refused testing and be treated as outlined in Section IX.
If a prospective employee is unable to provide sufficient breath as described above, he or she shall bear the cost of a medical review.
Controlled Dangerous Substance (CDS)
Any controlled substances that falls within the schedule of N.J.S.A. but not limited to the categories of Opiates, Marijuana, Cocaine, Amphetamine and Phencyclidine, Barbiturates, Benzodiazepine, methadone, propoxyphene.
Substances Test Procedures
1. Upon notification to report to the Township designated testing site for a controlled substances test, the employee shall:
a) Provide positive identification of his or her identity with a Township identification card, photo identification, or a valid driver’s license.
b) At the direction of the medical services staff, complete the required sections of the Urine Testing, Custody and Control Form provided by the certified designated laboratory.
c) At the direction of medical services staff, the selected employee shall provide a minimum of 45 milliliters of urine in an approved container. In the event the employee cannot provide the required amount of urine for the test, he or she shall be instructed to drink no more than 24 ounces of fluid and after a period of up to two (2) hours, again attempt to provide a complete sample. If the employee is still unable to provide the required amount, attempts at testing shall be discontinued and he or she shall be referred to a medical doctor. If there is no medical reason for the inability to provide the required specimen, the employee shall be deemed to have refused the test. If a prospective employee is unable to provide sufficient urine for testing, he or she shall bear the cost of a medical referral.
d) The collector shall, with the selected employee witnessing, split the sample into two separate units consisting of 30 milliliters in one and 15 milliliters in the other.
While the selected employee is witnessing the procedure, the collector shall then place both specimen bottles in the proper chain of custody specimen bag, sealing same and placing it in the kit box.
The selected employee shall witness the closure and sealing of the kit box with the BOX SEAL.
The selected employee shall witness the collector signing and dating the BOX SEAL; the employee shall co-sign the seal.
The collector shall place the sealed kit in a locked location to be held for pickup and delivery to the designated certified laboratory.
The testing of the 30 milliliter specimen shall be performed by the designated certified laboratory and the 15 milliliter sample shall be stored in a safe place. Both shall be done in accordance with U.S. Department of Transportation regulations.
In the event that the first sample tests positive for controlled substance use, the results will be transmitted to the Medical Review Officer. The MRO will contact the employee within 8 hours of test results and advise him or her of the results. At the time the MRO shall advise the employee that he or she may not perform his/her employment functions, that the results will be reported to the employer and that at that time, or within 72 hours, he or she may request in writing a test of the split sample. The MRO shall transmit the request for second analysis to the designated certified laboratory. The lab will then forward the split sample to a second facility for analysis. The employee shall not perform safety-sensitive functions until:
The test of the split sample indicates a verified negative controlled substances test result or,
The employee is referred, evaluated, and in treatment if necessary, in the event the split sample verifies a positive test result.
The employee shall also be required to comply with any corresponding Sections of this policy, but in particular be subject to Section IX.
Referral To A Substance Abuse Professional (SAP)
1. If referral to an SAP is required as a result of alcohol and/or controlled substances use as specified by this policy, the Township shall recommend same.
Upon referral, the employee shall be required to abide by his or her recommendations for return to duty.
The cost for utilizing the SAP shall be paid for by the affected employee’s own health insurance.
In no case shall the Township of Gloucester be required to pay for the use of a SAP either directly or indirectly.
Medical Review Officer (MRO)
1. The Township shall appoint a Medical Review Officer who shall have no connection/ or conflict with the subcontractor performing the laboratory testing and analysis.
a) The MRO shall forward the Township copy of the Urine Testing, Custody and Control Form to the Department of Personnel upon collecting specimens for analysis by the designated certified laboratory.
b) The MRO shall ensure that the Department of Personnel received copies of all verified results from the laboratory whether positive or negative.
Under this policy, a verified positive test result allows the employee an opportunity for a test at the employee’s expense, of the second or split sample as discussed in Section F of this policy. Upon notification by the laboratory that the initial sample is positive, the MRO shall contact the affected employee as soon as practicable, but in no case later than 8 hours. If the result of the split test is negative, the employee shall be reimbursed.
The MRO shall, within 24 hours, contact and request each employee who submits a specimen under this policy, regardless of employment status, to contact him or her and discuss the results of a controlled substances test performed pursuant to this policy.
The MRO shall also forward copies of the record which details the notification of the affected employee.
The MRO shall maintain all dated records and notifications, identified by individual, for a minimum of five (5) years of verify positive controlled substances test results.
The MRO shall maintain all dated records and notifications, identified by individual, for a minimum of one year for negative and canceled controlled substances test results.
The MRO shall not release any driver’s controlled substances test results to any person without first obtaining a specific, written authorization from the tested driver.
Information contained in this Section shall not prohibit the MRO from releasing controlled substances test records to the Township of Gloucester.
Employer Notifications
If requested by an applicant, the Township of Gloucester shall notify an applicant of any pre-employment test results if requested, in writing, within 60 calendar days of being notified of the disposition of the employment application.
The Township of Gloucester shall notify an employee of the results of random, reasonable suspicion, post-accident, follow-up and return-to-duty tests for alcohol or controlled substances conducted under this policy if the test results are verified positive. The employee shall also be informed of what substance(s) were positive. The employee may then be subjected to any further disciplinary actions as proscribed within the policy.
H. Release of Test Information By Previous Employers
The Township of Gloucester may obtain, pursuant to an employee’s written consent, any information concerning his or her prior employment test results for alcohol and/or controlled substance use.
The Township of Gloucester shall obtain, pursuant to an employee’s written consent, information regarding his or her alcohol tests with a concentration result of 0.04 or greater, positive controlled substances test results, and refusals to be tested within the preceding two (2) years, which are maintained by the employee’s previous employers.
The above information shall be obtained and reviewed no later than 14 calendar days after the first time an employee performs safety sensitive functions if it is not feasible to obtain said information prior to the employee performing a safety-sensitive function.
The Township of Gloucester shall not permit an employee to perform safety sensitive functions after 14 days without obtaining the required information.
If the employee ceases performance of safety sensitive functions before the 14 day limit or before the previous employer information is received, the Township must still obtain the required information from the previous employer(s).
The Township of Gloucester is required to provide each former employer with specific, written authorization for the release of appropriate information.
The release of any information shall only be accepted in written form that ensures confidentiality.
The Township of Gloucester shall maintain a written, confidential record with respect to each former employer contact.
The Township of Gloucester shall not use any employee to perform safety sensitive functions if any information obtained indicated that he or she tested with an alcohol concentration of 0.04 or greater or had verified positive controlled substance test result, or refused to be tested, without obtaining information on subsequent substance abuse professional evaluation.
SECTION III.
CONFIDENTIALITY/RECORDS RETENTION
Retention of Records
The Township of Gloucester, Personnel Department shall retain for a period of not less than five (5) years following the employee’s termination any records relating to this policy.
Records of all employee alcohol tests in which said results indicate an alcohol concentration of 0.04 or greater.
Records of employee verified positive controlled substances tests.
Documentation of employee refusals to submit to required alcohol and/or controlled substances test.
Breath testing equipment calibration documentation if service performed in-house.
Employee evaluation, referrals, treatment plans and progress reports.
2. The Township of Gloucester shall retain for a period of not less than two (2) years, the following records relating to this policy.
All records relating to the alcohol and controlled substances collection process and training. This does not include calibration of breath testing devices.
3. The Township of Gloucester shall retain for a period of not less than (1) year, the following records relating to this policy.
All records of employee negative and canceled test results with an alcohol concentration of less than 0.04.
B. Confidentiality
Except as required by law or expressly authorized by the employee , the Township of Gloucester shall not release employee information contained in records required to be maintained pursuant to his policy.
Any employee currently employed by the Township may request in writing copies of any written records pertaining to his or her own use of alcohol and/or controlled substances. Upon written authorization from the employee, the union president or his/her designee shall be forwarded written copies of these records.
Employee alcohol and controlled substance records shall be made available to a subsequent employer upon receipt of a written request from the employee. Disclosure by the subsequent employer is permitted only as expressly authorized by the terms of the employee’s request. A fee may be charged consistent with other Township policy.
The Township of Gloucester shall release, for a fee consistent with Township policy, information regarding an employee’s records as directed by the specific, written consent of the employee authorizing release of the information to an identified person. Release of information by the person receiving same is permitted only in accordance with the terms of the employee’s consent.
SECTION IV.
DISCIPLINARY PROCESS
The Township of Gloucester has established a gradual disciplinary process for those employees who test positive. It is our goal to assist individuals in becoming a productive member of the work force and to create a safer environment. This can only be accomplished if we all work collectively toward this end. Be advised that regardless of alcohol level or refusal to test, the Police Department will transport the employee to his/her residence preferably in an unmarked vehicle. Additionally, all costs related to testing that furnish negative results will be the responsibility of the Township. Whereas, all costs related to testing procedures that provide positive results shall be the responsibility of the employee in accordance with this policy.
Alcohol and drug abuse that occurred prior to any individual’s employment with the Township of Gloucester shall not be considered in determining or in imposing disciplinary action in matters unrelated to this policy.
SECTION V.
PENALTIES FOR VIOLATIONS
Alcohol Possession/Misuse
1. Possession of alcohol or any alcohol containing product, not specifically part of approved medication, shall constitute immediate grounds of reasonable suspicion and testing.
Any supervisor having actual knowledge shall not permit a municipal employee to possess any container of alcohol or alcohol containing product on a truck, bus, motor vehicle, or in a municipal building. Any supervisor with actual knowledge of alcohol possession shall report the occurrence as outlined or shall be subject to appropriate disciplinary action per Township personnel manual for neglect of duty. Any infraction shall be placed in the supervisor’s personnel file.
Penalties
Positive results of 0.04 or greater. The consequences for violations of this policy will be as follows:
First Offense
If an employee’s breath test indicates an alcohol concentration of 0.04 or greater, the employee shall be removed without pay from their duties for a period of thirty (30) working days. It shall be mandatory for the employee to be referred to a Substance Abuse Professional and he/she shall comply with a recommended treatment program. The employee shall be allowed to return to work after the thirty-day suspension, subject to retesting with results below 0.04 and monitoring of treatment program completion.
Second Offense
If an employee’s breath test indicates an alcohol concentration of 0.04 or greater, the employee will be terminated.
Refusal of Alcohol Testing
The penalty for an employee refusing to submit to alcohol testing as required or who fails to comply with the recommended treatment plan shall be the same as a positive reading of 0.04 and shall subject the employee to immediate dismissal.
An employee who commits no further violations within 3 years of the last offense, shall be treated upon the 3 year completion date as a first time offender. Any non-compliance with treatment plan shall subject employee to suspension, and/or dismissal.
B. Controlled Substances Possession, Use and Testing
Any employee found to be in possession of an illegal controlled substance or product containing an illegal controlled substance in violation of Federal or State Law, shall be immediately removed without pay. Possession as indicated above shall constitute reasonable suspicion and may be cause for testing for substance abuse.
Penalties
First Offense
If an employee tests positive for controlled substance use, he or she shall be removed from their duties until a negative test result has been received by the Township. Should an employee wish a second test from the split sample, the cost for the split test shall be paid by the employee.
If the second sample verifies the positive test of the first, then the employee shall be required to undergo evaluation, and complete treatment as required by a Substance Abuse Professional. The employee shall be suspended without pay for 30 days and shall not return to work until a negative return-to-duty test result is reported by the Medical Review Officer to the employer. The cost for all subsequent testing shall be paid for by the employee.
If any employee fails to return to work upon the proscribed time or refuses to comply with or complete treatment and pay for all subsequent testing, he/she shall be subject to termination.
Second Offense
A second violation shall result in termination of the employee from employment.
Refusal/Non-Compliance
The penalty for an employee refusing to submit to controlled substance test or who fails to complete the treatment program satisfactorily shall result in automatic termination of the employee.
OTHER
Employees who are called for emergency or snow situations during off-duty time and have been drinking should notify the appropriate supervisory personnel with no fear of consequence and arrangements may be made to report later.”
[Amended by Ord. O-03-27 on 10-15-03]
R. Discharge
Notice of permanent removal from payroll is given for a major offense, or for an accumulation of less serious offenses that have been repeated to the point of complete unacceptability.
S. Personal Appearance
Employees are expected to dress appropriately for their job. The employee's work assignment and the visibility of the employee to outsiders will influence the employee's manner of dress. Because the Municipal Offices staff are highly visible to the public, they are expected to dress appropriate to their position.
As representatives of Gloucester Township Municipal Government, employees are expected to exhibit a neat, well groomed appearance. Radical departure from conventional dress or personal grooming (including, but not limited to, excessively long hair, untrimmed facial hair, excessive makeup, short dresses, or skirts, spandex pants, tank tops, shorts, shower thong-type footwear, jeans, or sneakers) is not permitted.
T. Computer Use & Internet Policy
1. Overview
2. Policy
3. Principles of Acceptable Use
4. Unacceptable Use
5. Township of Gloucester Rights
6. Enforcement and Violations
7. Employee Internet Disclosure Statement
Overview
The Internet is a worldwide telecommunications network of networks that links millions of users and computers. Government, corporate, commercial and educational entities are linked, permitting Internet users to easily access and share vast stores of information. The Internet is an important resource for the Township of Gloucester to provide better, cheaper and faster services to employees and residents. The Township of Gloucester will creatively use the Internet to improve services and contribute broadly to the community. The connection to the Internet and related facilities provided by the Township of Gloucester exist to facilitate the official work of Municipal Government. The Internet Facilities are provided for employees and authorized persons affiliated with the Township of Gloucester for the efficient exchange of information and the completion of assigned responsibilities consistent with the mission of the Municipal Government. The use of the Internet facilities by any employee or other person authorized by the Township of Gloucester (the “Users”) must be consistent with this Policy (including all security and confidentiality provisions set forth therein).
Policy
This policy is intended to identify the principles of Acceptable Use and Unacceptable Use of the Internet Facilities; define rights; address Enforcement and Violations provisions; and set forth the Employee Internet Access Disclosure Statement that employees granted access privileges will be required to acknowledge and sign.
Principles of Acceptable Use
Township of Gloucester Internet Users are required:
To respect the privacy of other Users; for example, Users shall not intentionally seek information on, obtain copies of, or modify files or data maintained by other Users, unless explicit permission to do so has been obtained.
To respect copyright and license agreements for software, digital artwork, and other forms of electronic data;
To protect data from unauthorized use or disclosure as required by state and federal laws and the Township of Gloucester regulations;
To respect the integrity of computing systems: for example, Users shall not use or develop programs that harass other Users or infiltrate a computer or computing system and/or damage or alter the software components of a computer or computing system.
To limit personal use of the Internet Facilities and equipment to that which is incidental to the User’s official assignments and job responsibilities;
To safeguard their accounts and passwords. Accounts and passwords are normally assigned to single Users and are not to be shared with any other person without authorization. Users are expected to report any observations of attempted security violations.
Unacceptable use
It is not acceptable to use Township of Gloucester Internet facilities for activities unrelated to the work of the Township, including:
For activities unrelated to official assignments and/or job responsibilities, except incidental personal use in compliance with this Policy;
For any illegal purpose;
To transmit threatening, obscene or harassing materials or correspondence;
For unauthorized distribution of data and information;
To interfere with or disrupt network Users, services or equipment;
For private purposes, whether for-profit or non-profit, such as marketing or business transactions unrelated to Township of Gloucester duties;
For any activity related to political causes;
For private advertising of products or services;
For any activity meant to foster personal gain;
Revealing or publicizing proprietary or confidential information;
Representing opinions as those of the Township of Gloucester;
Uploading or downloading commercial software in violation of its copyright;
Downloading any software or electronic files without reasonable virus protection measures in place;
Intentionally interfering with the normal operation of any Township of Gloucester Internet gateway.
Township of Gloucester Rights
Pursuant to the Electronic Communications Privacy Act of 1986 (18 USC 2510 et seq), notice is hereby given that there are NO facilities provided by this system for sending or receiving private or confidential electronic communications. System administrators may have access to all mail and User access requests, and may monitor messages as necessary to assure efficient performance and appropriate use. Messages relating to or in support of illegal activities will be reported to the appropriate authorities.
The Township of Gloucester reserves the right to log network use and monitor file server space utilization by Users and assumes no responsibility or liability for files deleted due to violation of file server space allotments.
The Township of Gloucester reserves the right to remove a User account from the network.
The Township of Gloucester will not be responsible for any damages. This includes the loss of data resulting from delays, non-deliveries, or service interruptions caused by negligence, errors or omissions. Use of any information obtained is at the User’s risk. The Township of Gloucester makes no warranties, either express or implied, with regard to software obtained from the Internet.
The Township of Gloucester reserves the right to change its policies and rules at any time. The Township of Gloucester makes no warranties (expressed or implied) with respect to Internet service, and it specifically assumes no responsibilities for:
The content of any advice or information received by a User through the Internet Facilities or any costs or charges incurred as a result of seeking or accepting such advice.
Any costs, liabilities or damages caused by the way the User chooses to use the Internet Facilities;
Any consequence of service interruptions or changes, even if these disruptions arise from circumstances under the control of the Township of Gloucester. The Township of Gloucester Internet Facilities are provided on an as is, as available basis.
Enforcement and Violations
This policy is intended to be illustrative of the of the range of acceptable and unacceptable uses of Internet Facilities and is not necessarily exhaustive. Questions about specific uses related to security issues not enumerated in this policy statement and reports of specific unacceptable uses should be directed to the User’s Division Director. Other questions about appropriate use should be directed to the User’s supervisor.
The Township of Gloucester will review alleged violations of the Internet Acceptable use Policy on a case-by-case basis. Violations of the policy will result in disciplinary actions as appropriate, up to and including dismissal.
Computer Access Disclosure Statement
Employees of and other authorized persons affiliated with the Township of Gloucester who are given computer access privileges will be asked to review and sign the following statement before access is granted.
“I, _____________________, recognize and acknowledge that electronic communication channels developed and supplied by the Township of Gloucester as a condition of duties must be used according to terms and conditions set out by the Township of Gloucester and agreed to in writing by me. These channels include, but are not limited to, the following:
Internet and the World Wide Web
Computer-based online services
Electronic mail and messaging systems
Electronic bulletin board systems
I acknowledge that the distribution of any information through these and other channels supplied by Township of Gloucester is subject to the scrutiny and approval of the Township of Gloucester, and that the Township of Gloucester reserves the sole right to determine the suitability and confidentiality of said information.
I also acknowledge that the Township of Gloucester assets include many items, including but not limited to the following information types:
Employee information
Employee benefits and insurance information
Databases and the information contained therein
Computer and network access codes and similar or related information
Contractual and proprietary information
Research projects and all related information connected with research efforts
Other confidential or proprietary information that has not been made available to the general public by the Township of Gloucester.
I further acknowledge that all information related to the accomplishment of the work of the Township of Gloucester, including the information types referenced above and other tangible and intangible assets and other information obtained by me in the course of my duties are Confidential Information and the property of the Township of Gloucester. I acknowledge that any disclosure of the Confidential Information, even inadvertent disclosure, may cause irreparable harm and material damage to the Township of Gloucester. Both during and after my employment or affiliation with the Township of Gloucester, and regardless of the reason for termination of such employment or affiliation, I agree (a) not to use or disclose the Confidential Information, other than solely in the furtherance of Township of Gloucester business or as required by law; (b) to take all lawful measures to prevent the unauthorized use or disclosure of the Confidential Information to any third party; (c) to take all lawful measures to prevent unauthorized persons or entities from obtaining or using the Confidential Information; and (d) not to take any actions that would constitute or facilitate the unauthorized use or disclosure of Confidential Information. The term “unauthorized” shall mean the following:
In contravention of any written policies or procedures of the Township of Gloucester
Otherwise inconsistent with Township of Gloucester measures to protect its interests in its Confidential Information
In contravention of any lawful instruction or directive, either written or oral, of an employee of the Township of Gloucester empowered to issue such instruction or directive
In contravention of any duty existing under law or contract.
I acknowledge that all of the items comprising the Confidential Information are confidential, whether or not the Township of Gloucester specifically labels such information as confidential or internally restricts access to such information.
I have read and agree to comply with the terms of the Computer Use and Internet Policy of the Township of Gloucester.
Date__________________ Employee Signature______________________________”
[Adopted by Ord. O-00-16 on 05-22-00]
§5.5. Employee Benefits.
A. Group Insurance (Medical)
The Township has a group insurance plan that is self-insured with an excess policy underwritten by a national insurance carrier. After 60 days of full-time employment, an employee shall become eligible to join the plan. A part-time employee (A. As defined in Section B. Definition of Employees of this document) will receive medical benefits on a prorated basis (weekly hours divided by the standard work week hours is equal to the percentage of participation). Employees will be notified at this time, and will be given the opportunity to join the insurance plan without taking a physical exam or providing prof of insurability. The following insurance, as defined in the policy, are provided.
1. Hospitalization
2. Physician's Services
3. Major Medical
4. Prescription/Eyeglass Plan
5. Dental Plan
6. In addition to the traditional Hospitalization/Major Medical Plan an employee may opt to join one of several HMO's offered by the Township or under certain conditions an employee may waive the Health Plan(s) coverage offered, by participating in the Gloucester Township Flex Plan of employee benefits.
The insurance contract and a statement from the insurance company outlining all of an employee's various benefits will be given to an employee upon becoming eligible. Employees whose title is covered by a negotiated Union Contract, medical coverage may vary depending on the specific contract terms.
B. Paid Vacations
Employees who have completed a defined period of full-time continuous employment are entitled to a paid vacation on the following basis:
(1) Employees paid vacation periods vary depending on the specific negotiated labor agreement that covers the employee's Civil Service Job Title Classification.
(2) Classified Divisional Heads, professional employees and unclassified Department Managers (Directors) vacation and sick leave is provided for in Ordinance #O-89-38 "ORDINANCE ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR CERTAIN OFFICERS AND EMPLOYEES AND PROVIDING PROCEDURE FOR ADOPTION OF POLICY AND PRACTICE REGULATING ALL OFFICER AND EMPLOYEES OF THE TOWNSHIP OF GLOUCESTER". [Adopted 8/14/89. Reference Ordinance is made part of this policy and procedure manual as Exhibit B.]
(3) Employees may only under exceptional circumstances receive additional vacation time. Any additional vacation time must be approved by the employee's Department Head and shall be without pay. No more than two weeks vacation may be taken at one time without the Mayor's written approval. No more than one vacation week a year may be taken at one time in one day periods and such days must have Department Head approval.
(4) Employees must provide advance requests of 30 days for vacation leave. A vacation schedule will be prepared by the Department Head and will be posted by April 29th of each year. A copy of the vacation schedule shall be forwarded to the Business Administrator. Preference will be given whenever possible to the employees with the greatest length of service, but the needs of the Township or Department are primary. Once granted, the seniority preference cannot be exercised again in the same year.
(5) Pay for any unused earned vacation will be given at the time of an employee's termination in accordance with the negotiated labor contracts or Ordinance #O-89-38, Gloucester Township Officers and Employees Ordinance (Exhibit B)
C. Paid Holidays
The Township observes the following holidays for which employees will receive straight-time pay:
New Year's Day Columbus Day
Martin Luther King's Birthday Veteran's Day
Washington-Lincoln Day (President's Day) Thanksgiving Day
Memorial Day Christmas Eve
Independence Day Christmas Day
Labor Day
(a) Personal days are also provided and must be taken by December 31 of the same calendar year or will be forfeited for each year. The number of personal days an employee is entitled to is covered in the various negotiated labor agreements and in Ordinance #O-89-38. Personal time must be taken in one (1) hour increments.
D. Sick Leave
Regular full-time employees are permitted as paid time off for illness in accordance with the various negotiated labor agreements or Ordinance O-89-38 whichever applies to the employees job title.
Generally, sick leave may accrue from year to year and is unlimited as to the number of sick time available.* The terms of the various negotiated labor agreements or Ordinance #O-89-38 (exhibit B) determines, if any, accrued sick time buy out is provided for upon separation of service.
Medical Certificate - After an employee has been absent for a period of more than five consecutive working days, Mayor and/or the Department Head may request the employee to furnish a medical certificate of a physician having personal knowledge of the employee's condition in support of absence of said employee from work. Failure of the employee to submit such medical certificate may result in the absence being disapproved and being charged as absence without pay.
* Sick time must be earned (pro-rated) and is not to be advanced.
In addition, the Mayor and/or Department Head may require proof of illness of an employee on sick leave, whenever such requirement appears reasonable. Nothing herein shall preclude the Mayor and/or a Department Head in an appropriate case from requiring an employee to submit to a medical examination at the expense of the Township for the purpose of establishing the degree of incapacity of an employee's ability to resume the duties of the position.
E. Leave of Absence
The various types of leaves of absence are defined as follows:
1. On job injury: An employee injured on the job in the performance of his/her duties shall receive full payments during his absence of up to one year. Such time shall not be charged against personal sick leave, but he shall not continue to accumulate sick leave or vacation during the absence. Prior to the passage of such a Resolution, the employee shall agree to remit to the Township any Worker's Compensation award for salary compensation through the endorsement of Worker's Compensation checks and direct return of such payments to the Township.
2. Leave without pay: For exceptional and unusual circumstances, the Township may authorize up to five (5) days leave without pay to any full- time, part-time, or hourly employee. Written request for leave without pay shall be submitted far enough in advance where possible, to allow the Township to ensure coverage of the position. Only one (1) leave without pay will be granted every two years.
3. Jury Duty: If an employee is required to serve jury duty, such employee shall be paid the regular rate of pay upon presentation of proper evidence of jury service and shall not be required to remit the jury pay to the Township.
4. Maternity Leave: Maternity leave shall be granted for a maximum period of six (6) months, and shall be leave without pay; except that an employee may use any or all accumulated sick leave and/or vacation leave. Requests for leave shall be made in writing at least thirty (30) days in advance of the anticipated beginning of leave. Sick leave and vacation leave shall not accrue during maternity leave. Upon return from leave the employee shall have the right to resume the position previously held. If such a position is not available, a similar position will be provided but not necessarily in the same department.
5. Convention Leave: Requests for convention leave must be submitted to the Mayor for approval prior to convention attendance. Any employee who is a duly authorized representative of any of the organizations listed in N.J.S.A. 38:23-2 and any subsequent amendments thereto shall be granted a leave of absence with pay not to exceed five days in any calendar year for the purpose of traveling to and from and attending any State or National convention of the organizations listed in the aforementioned statute.
6. Military Leave: Leave to members of the National Guard and to members of the Reserve Components of the Armed Forces shall be granted in accordance with the statute in such case made and provided.
The Township shall pay the difference in salary between what is paid by the government and what is his/her salary at the Township at the time of deployment to active duty, not to exceed ninety (90) work days in the aggregate in any calendar year. Any permanent part-time officer or employee serving under such part-time employment for less than one (1) year shall receive leave without pay but without loss of time. [Amended on 04-28-03 by Ord. O-03-12]
7. Leave Requests and Records: A request for approval of leave shall be made on a form prescribed by the Township. Such request, whenever possible, shall be made in advance to permit adequate approval and to permit duty coverage by another employee. All absences will be a matter of record.
F. Donated Leave Program
The Donated Leave Program permits employees to voluntarily donate portions of their earned sick or vacation time to another employee who has exhausted his/her own earned leave time and who either:
1. Is suffering from a catastrophic illness or injury, not covered by Workers’ Compensation Insurance and/or Injury on Duty benefits that necessitates a prolonged absence from work by the employee or;
2. Must provide care to a member of his/her immediate family who is suffering from a catastrophic health condition or injury.
I. PURPOSE:
To establish a Township-wide program which permits employees to voluntarily donate portions of their earned sick or vacation time to other employees who have exhausted their own earned leave time, and who are suffering from a catastrophic illness or injury which necessitates the prolonged absence from work by the employee, or is needed to provide care to a member of the employees immediate family who is suffering from a catastrophic health condition or injury.
II. RECIPIENT ELIGIBILITY:
1. The recipient must be a full-time employee who has completed at least one year of continuous service with Gloucester Township.
2. The recipient must not, in the two-year period immediately preceding the employee’s need for donated leave, been disciplined for chronic or excessive absenteeism, chronic or excessive lateness or abuse of time.
3. The recipient must have exhausted all accrued leave time including sick leave, vacation time and any earned compensatory time.
4. In order to be eligible to receive donated leave, the recipient must:
a. Be suffering from a catastrophic health condition or injury that is not a work related injury for which the Township provides Workers Compensation insurance and/or Injury on Duty benefits;
b. Be needed to provide care to a member of the employee’s immediate family who is suffering from a catastrophic health condition or injury; or
c. Require absence from work due to the donation of an organ (which shall include, for example, the donation of bone marrow).
5. The recipient must receive a total of at least five (5) donated days from any one or more leave donors to participate in the program.
6. For purposes of this section, a “ catastrophic health condition or injury” shall be defined as follows:
a. With respect to an employee, a “ catastrophic health condition or injury” is:
i. A life-threatening condition or combination of conditions or
ii. A period of disability required by his or her mental or physical health or the health of the employee’s fetus and requiring the care of a physician or licensed health care provider who provides a medical verification of the need for the employee’s absence from work for 60 or more workdays.
b. With respect to an employee’s immediate family member, a “catastrophic health condition or injury” is a period of disability required by his or her mental or physical health which requires the care of a physician who provides a medical verification of the need for the family member’s care by the employee for 60 or more work days.
[Amended on 1-13-14 by Ordinance O-13-21]
III. DONOR ELIGIBILITY GUIDELINES:
1. An employee may donate up to thirty (30) sick or vacation days to any one recipient. Only whole days may be donated.
2. A donating employee must have remaining to his/her credit at least 20 days of accrued sick leave after donating sick leave and 12 days of accrued vacation leave if donating vacation.
3. An employee may not solicit nor accept any money, credit, gift, gratuity, thing of value or compensation of any kind in exchange for the donation.
IV. PROCEDURES:
1. Any employee may participate in this program as a leave recipient or donor by contacting Human Resources and completing the required forms. The employee’s supervisor may make such a request on behalf of the employee for his or her participation in the program as a leave recipient.
2. The requesting employee must submit medical verification from a physician or other licensed health care provider concerning the nature and anticipated duration of the catastrophic illness or injury, or the donation of any organ, as the case may be.
3. Decisions regarding eligibility will be made on a case-by-case basis by the Township Administrator or his/her designee.
4. Once a recipient is approved for the program, Human Resources will, with the employee’s consent, send an “all personnel” notice indicating the name(s) of eligible employee who will have exhausted all earned paid leave time by a designated date. Where the request was made by the employee’s supervisor, the posting will be done only with the recipient’s written consent. If the employee is unable to consent, a member of the employee’s immediate family may consent on behalf of the employee.
5. The donor and the recipient (or family representative, if the employee is incapacitated) will fill out the required form(s).
6. No one shall directly or indirectly intimidate, threaten or coerce, or attempt to intimidate, threaten or coerce any other employee for the purpose of interfering with any right which such employee may have with respect to contributing, receiving or using paid leave under this program. The above shall include promising to confer or conferring any benefit (such as appointment, promotion, or compensation) or effecting or threatening to effect any reprisal (such as deprivation of any appointment, promotion, or compensation). Any employee who engages in the above prohibited conduct shall be subject to disciplinary action.
7. The donor’s leave time will be reduced permanently by the number of days that are to be donated.
8. A leave donor cannot revoke the leave donation. However, if there is any unused donated time for a recipient, the leave time will be returned to the donor(s) on a prorated basis in whole days. Any portion that would amount to less than one whole day shall not be turned by shall be forfeit.
9. A recipient employee who retires will not be granted supplemental compensation on retirement for any outstanding donated sick days which he or she had received. Similarly, a recipient employee will not be able to “bank” any unused donated time.
10. Donation may not be used on a retroactive basis.
11. Used donated days are paid to the recipients at the recipient’s current rate of pay.
12. The recipient employee, while using donated leave, will not continue to earn sick and vacation leave.
13. The eligible recipient’s leave time will be credited with the donated time indicating the donor. The recipient may receive days from more than one donor but may not use a total of more than 260 donated days during his/her employment with the Township.
14. The use of donated time shall not affect the running of any applicable FMLA leave.
15. No issue or dispute arising out of the administration of this program shall be either grieveable or arbitrable.
16. An employee receiving donated leave shall not receive temporary disability benefits for the same period he/she is paid wages from donated sick leave.
17. This program may be amended, modified and suspended or terminated at the discretion of the Township, upon 30 days written notice of such to the Commissioner of Civil Service and all affected employees and labor negotiations representatives.
§5.6. Repealer.
All ordinances and provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed to the extent of such inconsistency.
§5.7. Severability.
If any section, subsection or part, clause or phrase of this Ordinance shall be declared invalid by judgement of any court of competent jurisdiction, such section, subsection, part, clause, or phrase shall be deemed to be severable from the remainder of the Ordinance.
§5.8. When effective.
This Ordinance shall take effect immediately after final passage and publication as required by law. This Ordinance shall have prospective application and shall not effect any employee who has filed an "Employee Report of Injury" form prior to the effective date of this Ordinance.
Chapter 5 - Exhibit “B” adopted on 08-14-89 by Ord. O-89-38
ORDINANCE ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR CERTAIN OFFICERS AND EMPLOYEES AND PROVIDING PROCEDURE FOR ADOPTION OF POLICY AND PRACTICE REGULATING ALL OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF GLOUCESTER
BE IT ORDAINED by the Township Council of the Township of Gloucester in the County of Camden, State of New Jersey as follows:
SECTION 1. Short Title.
This Ordinance shall be known and referred to as the “Gloucester Township Officers and Employees Ordinance”
SECTION 2. Purpose.
The purpose of this Ordinance is to set forth policy, benefits, terms and conditions of employment relating to certain officers and employees of the Township of Gloucester as defined herein, whose benefits, terms and conditions of employment are not otherwise set forth in statute, ordinance, collective bargaining agreement, or other contract of employment; and to provide standard procedures for adopting policy and practice regulating said officers and employees as well as all other officers and employees of the Township of Gloucester.
SECTION 3. Definitions:
Solely for the purpose of this Ordinance the following terms shall have the meaning as set forth below:
“Certain Officers and Employees” - shall mean and include all elected officials, department heads or directors and all division heads.
“Day” - shall mean and is calculated on the basis of 7 hours per day, 5 days per week.
“Department Head or Director” - shall mean that person appointed by the Mayor with the consent of the Township Council, to serve as provided by law, in the full time unclassified position, as head of a department established under the Organizational Ordinance of 1982.
“Division Head” - shall mean that person or officer, appointed, designated or assigned as provided by law, in the full time classified or unclassified position, as head of a division within a department as set forth in the Organization Ordinance of 1982.
“Elected Officials” - shall mean those persons duly elected to the office of Mayor or Member of Township Council of the Township of Gloucester.
“Township” - shall mean the Township of Gloucester, County of Camden, State of New Jersey.
SECTION 4. Elected Officials.
Elected Officials shall be entitled to participate in the State Pension Plan, and in all township health benefit plans contained in Council 10 Municipal Classified Administration Employees Contract.
SECTION 5. Business Administrator, Township Clerk, Department Heads (Directors).
Business Administrator, Township Clerk, Department Heads (Directors) shall participate in the State Pension Plan and shall be entitled to all health benefit plans contained in Council 10 Municipal Classified Administration Employees Contract, and in addition shall be entitled to the following:
A. Vacation.
1. Less than 4 years of service - 23 days.
2. Over 4 years of service - 25 days.
B. Sick Leave.
20 sick leave days per year which may be accumulated from year to year for use during illness.
C. Personal Time.
3 personal days to be used within the calendar year.
D. Officers and employees covered under this section and hired before February 1, 1988, upon termination, resignation or retirement from any of the above positions, said officers or employees shall receive payment for any unused vacation and sick leave time not to exceed 80 days vacation and 80 days sick time, at that rate of compensation of said position at the time of termination, resignation or retirement.
E. Such Officers and Employees hired after February 1, 1988, upon termination, resignation or retirement from any of the above positions, said officers or employees shall receive payment for any unused vacation time not to exceed 80 days, at that rate of compensation of said position at the time of termination, resignation or retirement. Unused sick time will not be compensated.
SECTION 6. Division Heads.
Division Heads shall participate in the State Pension Plan and shall be entitled to all health benefit plans as contained in Council 10 Municipal Classified Administration Employees Contract, and in addition shall be entitled to the following:
A. Vacation.
1. Less than 4 years of service - 18 days.
2. Over 4 years of service - 20 days.
B. Sick Leave.
20 sick leave days per year may be accumulated from year to year for use during illness.
C. Personal Time.
3 personal days to be used within the calendar year.
D. Officers and Employees covered under this section and hired before February 1, 1988, upon termination, resignation or retirement from the above position, shall receive payment for any earned, unused vacation and sick leave time, not to exceed 80 days vacation and 80 days sick time, at that rate of compensation of said position at the time of termination, resignation or retirement. Unused sick time will not be compensated.
E. Such Officers and Employees hired after February 1, 1988, upon termination, resignation or retirement from the above position, said officers and employees shall receive payment for any earned, unused vacation time, not to exceed 80 days, at that rate of compensation of said position at the time of termination, resignation, or retirement. Unused sick time will not be compensated.
SECTION 7. Policy and Practice.
Policy and practice regulating the benefits, terms and conditions of employment of the certain Officers and Employees defined herein and all other officers and employees of the Township shall be approved by the Mayor and adopted by Resolution of the Township Council. Said policy and practice shall not be inconsistent with any provisions of this Ordinance, statute, or collective bargaining agreements and shall be distributed to all officers and employees. Officers and employees within the Gloucester Township Police Department are also subject to Chapter 15 of the Code of the Township of Gloucester.
Chapter 5 - Exhibit “C” adopted on 03-08-93 by Ord. O-93-10
ORDINANCE PROHIBITING AND REGULATING SMOKING IN ALL MUNICIPAL BUILDINGS AND PUBLIC PLACES AND PROVIDING FOR PENALTIES AND FINES FOR VIOLATIONS THEREOF
WHEREAS, smoking is dangerous and injurious to the public health and safety, particularly to smokers as well as those who are subject to secondary smoke; and
WHEREAS, the Township Council of the Township of Gloucester is empowered to prohibit smoking in all municipal buildings and public places pursuant to N.J.S.A. 40:48-1 et seq.; and
WHEREAS, the Township Council has determined that the prohibition against smoking in all municipal buildings and public places is in the best interest of the health, safety and welfare of the public and its officers and employees.
NOW THEREFORE BE IT ORDAINED by the Township Council of the Township of Gloucester, County of Camden, State of New Jersey as follows:
SECTION 1. Short Title.
This Ordinance shall be known as the Gloucester Township No Smoking Ordinance.
SECTION 2. Definitions.
As used in this Ordinance, the following terms shall have the meanings indicated:
MUNICIPAL BUILDING - a building or portion of a building owned or leased to or leased to or by the Township of Gloucester.
SMOKING - The burning or carrying of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.
SECTION 3. Prohibited Acts.
Smoking is prohibited in all municipal buildings in the Township of Gloucester.
SECTION 4. Other Prohibited Acts.
No officer, employee, agent or other person shall smoke in any municipal vehicle except the driver when no other person is present. Smoking is prohibited at any time in municipal buses.
SECTION 5. Posting of Signs.
A. All municipal buildings shall be subject to this regulation and signs shall be conspicuously posted therein with letters at least one (1) inch in height stating “SMOKING PROHIBITED” or designated by the appropriate smoking prohibited international symbol.
B. The sign may indicate that violators are subject to a fine.
C. Every sign required by this section shall be located so as to be clearly visible to the public and employees.
SECTION 6. Violations, Penalties and Disciplinary Action.
A. Any person violating any provision of this Ordinance, upon conviction in Municipal Court having jurisdiction, shall be subject to a minimum fine of twenty-five ($25.00) dollars but not to exceed fifty ($50.00) dollars; for any subsequent offenses, the fine shall be not less than fifty ($50.00) and not more than one hundred ($100.00) dollars.
B. In addition to the fines and penalties under subsection A above, any official and/or employee found to have violated the provisions of this Ordinance, after notice and an opportunity to be heard, may be subject to disciplinary action pursuant to the appropriate state statute(s), civil service regulation(s), the Code of the Township of Gloucester or other relevant regulatory guidelines.
SECTION 7. Right to withhold public services.
Department/division heads shall have the right to withhold the services of his department/division to any member of the public who smokes in a municipal building, provided that the department/division head and/or Township employee informs that person that smoking is prohibited. Services shall not be denied if the member of the public complies with the rules governing smoking after receiving notice.
SECTION 8. Enforcement.
The Code Enforcement Officer shall be responsible for executing or enforcing this chapter against any member of the public in violation hereof.