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Executive Summary
This document contains information on several collective bargaining agreements and municipal policies for the Borough of Waldwick, New Jersey. Among the key topics discussed are union recognition and rights, wages, work schedules, overtime, various leave policies (vacation, sick, bereavement, etc.), insurance benefits, and disciplinary procedures for public works employees and police officers. Also included are policies about personnel files, alcohol and drug-free workplaces, safe treatment of minors, and guidelines relating to the Commercial Driver's License Drug and Alcohol Clearinghouse.
Web Content
Borough of Waldwick New Jersey - Borough of Waldwick Purchasing & Bid Opportunities Borough of Waldwick New Jersey Government Departments Police Department Residents How Do I? Borough Administration Tatiana Marquis Work: (201) 652-5300 ext:227 tmarquis@waldwicknj.gov Administration Civil Rights Policy Council Manual Employee Handbook Personnel Policies Manual Policy Addressing the Protection & Safe Treatment of Minors Collective Bargaining Agreement - Public Works Employees Association Collective Bargaining Agreement - PBA Local No. 217, Waldwick, NJ Affordable Housing Borough of Waldwick Purchasing & Bid Opportunities Redevelopment Projects & Information General Information Staff Directory Phone Numbers (201) 652-5300 Emergencies: Dial 911 Location 63 Franklin Turnpike Waldwick, NJ 07463 Get Directions Hours Monday - Friday 8:30 am - 4:00 pm Borough of Waldwick Purchasing & Bid Opportunities Home > Groups > Administration > Borough of Waldwick Purchasing & Bid Opportunities Bid Opportunities : The Borough of Waldwick has partnered with BidNet as part of the New Jersey Purchasing Group to post bid opportunities to this site. As a vendor, you can register with the New Jersey Purchasing Group and be sure that you see all available bids and opportunities. By selecting automatic bid notification, your company will receive emails once the Borough of Waldwick has a bid opportunity that matches your company's business. In addition, the site handles bid opportunities, RFPs, and RFQs for other member governmental agencies throughout New Jersey. The Borough of Waldwick looks forward to providing you with more bid information and simplifying the entire bid, proposal, and quote processes for everyone involved. We appreciate your cooperation and welcome your participation. If you need help registering, please call the Vendor Support department toll free 1-800-835-4603 option #2. Link to the Borough of Waldwick open solicitations: New Jersey Purchasing Group Link to Vendor Registration Screen: New Jersey Purchasing Group Current Open Bids: 2024/25 CDBG Curb Ramps - Bid Opening 9/3 Government Auctions : The Borough of Waldwick utilizes Municbid for its online auction services. Municibid is a convenient and easy-to-use online auction service for government agencies, schools, authorities and utilities to sell their surplus and forfeitures directly to the public. All auctions take place online and are available to bid 24 hours a day. Visit the auction page here . Borough of Waldwick NJ Contact Us Administration Building 63 Franklin Turnpike Waldwick, NJ 07463 Phone (201) 652-5300 Fax (201) 652-5483 Monday through Friday 8:30 a.m. to 4:00 p.m. Social Media Twitter Facebook YouTube Instagram Quick Links Budget Building Permits Dog Licenses Election & Voter Registration Snow and Ice Operation Trash & Recycling Site Links Home Site Map Website By EvoGov
Document Text
--- Document: Civil Rights Policy ---
MAYOR AND COUNCIL
OF THE
BOROUGH OF WALDWICK
Bergen County, New Jersey
RESOLUTION NO. 2022-37
(Page 1 of 2)
Resolution to Affirm the Borough Of Waldwick's Civil Rights Policy with Respect to All Officials,
Appointees, Employees, Prospective Employees, Volunteers, Independent Contractors, and Members
of the Public that Come into Contact with Municipal Employees, Officials and Volunteers
WHEREAS, it is the policy of Waldwick to treat the public, employees, prospective employees, appointees,
volunteers and contractors in a manner consistent with all applicable civil rights laws and regulations
including, but not limited to the Federal Civil Rights Act of 1964 as subsequently amended, the New Jersey
Law against Discrimination, the Americans with Disabilities Act and the Conscientious Employee
Protection Act; and,
WHEREAS, the governing body of Waldwick has determined that certain procedures need to be
established to accomplish this policy.
NOW, THEREFORE, BE IT ADOPTED by the Municipal Council of the Borough of Waldwick that:
Section 1: No official, employee, appointee or volunteer of the Borough of Waldwick by whatever title
known, or any entity that is in any way a part of the Borough of Waldwick shall engage, either directly or
indirectly in any act including the failure to act that constitutes discrimination, harassment or a violation
of any person's constitutional rights while such official, employee, appointee volunteer, or entity is
engaged in or acting on behalf of the Borough of Waldwick's business or using the facilities or property of
the Borough of Waldwick.
Section 2: The prohibitions and requirements of this resolution shall extend to any person or entity,
including but not limited to any volunteer organization or inter-local organization, whether structured as
a governmental entity or a private entity, that receives authorization or support in any way from the
Borough of Waldwick to provide services that otherwise could be performed by the Borough of Waldwick.
Section 3: Discrimination, harassment and civil rights shall be defined for purposes of this resolution using
the latest definitions contained in the applicable Federal and State laws concerning discrimination,
harassment and civil rights.
Section 4: The Borough Administrator has established written procedures for any person to report alleged
discrimination, harassment and violations of civil rights prohibited by this resolution. Such procedures
include alternate ways to report a complaint so that the person making the complaint need not
communicate with the alleged violator in the event the alleged violator would be the normal contact for
such complaints.
Section 5: No person shall retaliate against any person who reports any alleged discrimination,
harassment or violation of civil rights, provided however, that any person who reports alleged violations
in bad faith shall be subject to appropriate discipline.
Updated: 1/6/2022 5:56 PM
MAYOR AND COUNCIL
OF THE
BOROUGH OF WALDWICK
Bergen County, New Jersey
RESOLUTION NO. 2022-37
(Page 2 of 2)
Section 6: The Borough has established written procedures that require all officials, employees,
appointees and volunteers of the Borough of Waldwick as well as all other entities subject to this
resolution to periodically complete training concerning their duties, responsibilities and rights pursuant
to this resolution.
Section 7: The Borough has established a system to monitor compliance and shall report at least annually
to the governing body the results of the monitoring.
Section 8: At least annually, the Borough Administrator shall cause a summary of this resolution and the
procedures established pursuant to this resolution to be communicated within the Borough of Waldwick.
This communication shall include a statement from the governing body expressing its unequivocal
commitment to enforce this resolution. This summary shall also be posted on the Borough of Waldwick's
web site.
Section 9: This resolution shall take effect immediately.
Section 10: A copy of this resolution shall be published in the official newspaper of the Borough of
Waldwick in order for the public to be made aware of this policy and the Borough of Waldwick's
commitment to the implementation and enforcement of this policy.
I hereby certify that the above Resolution
was adopted by the Mayor and Council
Approved: Thomas A Acordens
of the Borough of Waldwick at its Reorganization
Meeting of January 4, 2022.
Thomas A. Giordano, Mayor
Kelley Halewicz, RMC/CMC
Municipal Clerk
Council Member Motion Second Ayes Nays Abstain
Bjork
Cericola
Ritchie
Schatz
Sciolaro
Sherman
Mayor Giordano
X
X
X
X
X
X
X
Absent
X
Updated: 1/6/2022 5:56 PM
--- Document: Council Manual ---
Updated: December 29, 2022
Waldwick
Borough Council
Reference Manual
January 2023
2
TABLE OF CONTENTS
Page
Bylaws of the Mayor & Council 2023
3
Mayor
3
Council President
4
Borough Administrator
4, 5
Borough Clerk
5
Agendas
6
Meetings
6, 7
Committees
8-9
Duties of Standing Committees of the Council
9
Finance & Administrative Committee
9
Fire & Police Protection Committee
9
Public Safety Committee
10
Recreation & Health Committee
10
Public Works Committee
10
Buildings & Grounds Committee
10
Bills, Claims and Vouchers
11
Seal
11
Amendments
12
Form of Government
13
Borough Administrator’s Weekly Newsletter & Citizen Inquiries
13
Attendance Policy
13
Robert’s Rules of Order and Parliamentary Procedures
14
What are Policy Votes, Resolutions and Ordinances?
14
OPMA
15-20
OPRA
21
2023 Council Meeting Schedule
22
Borough Budget
23
Municipal Departments
24-26
Boards & Commissions
27, 28
3
BYLAWS OF THE MAYOR & COUNCIL 2023
ARTICLE I
When not in conflict with any statute, ordinance or provision of these Bylaws, the deliberations of the
Council shall be governed by "Robert's Rules of Order".
ARTICLE II
Mayor
Section 1
The Mayor shall preside over the deliberations of the Council and shall conduct the meetings thereof. The
Mayor shall also participate in the determination of Borough affairs to the extent permitted by Statute.1
Section 2
The Mayor shall on all occasions preserve the strictest order and decorum, and shall cause the removal of
all persons who interrupt the orderly proceedings of the Council.
Section 3
When two or more Council Members shall rise at the same time, the Mayor shall name the one entitled to
the floor.
Section 4
The Mayor shall decide all questions of order without debate subject to an appeal to the Council; and the
Mayor may call upon the Council for the opinion of the Council upon any question or order.
Section 5
The Mayor shall be an ex-officio member of all committees, both Standing and Special, and shall be
informed in advance of all meetings of such committees.
Section 6
The Mayor shall serve as the liaison between the governing body and all Boards, Committees or Agencies
of Organization except as herein assigned to a specific Council Member or Committee for liaison purposes.
1 N.J.S.A. 40A:60-1 et. seq.
4
ARTICLE III
Council President
Section 1
In the absence of the Mayor, or if the Mayor is unable to perform his/her duties, the Council President (or;
in his/her inability to act, the Council Member having the longest continuous term as such) shall act as
Mayor, as provided by Statute.2
ARTICLE IV
Borough Administrator
Section 1
The Administrator shall perform the duties and functions required by ordinance and as may be directed by
the Mayor and Council.
Section 2
The Administrator shall be the chief administrative officer of the Borough of Waldwick. The
Administrator shall be responsible to the Mayor and Council as a whole for the proper and efficient
administration of the business affairs of the Borough. The Administrator shall be responsible for the general
management of all Borough business, except those duties and responsibilities conferred upon other Borough
officials by State statute, other applicable laws, rules and regulations promulgated by the State and County
agencies, decisional law or ordinance of the Borough of Waldwick.
Section 3
The Administrator shall supervise and direct business activities of all Borough departments, including the
direction of central purchasing and recommend to the Mayor and Council the employment and replacement
of personnel as may be required in said departments.
Section 4
The Administrator shall prepare and submit to the Mayor and Council before the close of the fiscal year, or
on such alternate date as the Mayor and Council shall determine a proposed budget for the next fiscal year,
and an explanatory budget message. The Administrator shall maintain a continuing review and analysis of
the budget operations, work programs and costs of municipal services.
Section 5
The Administrator shall be the purchasing officer of the Borough. The Administrator shall issue rules and
regulations governing the requisition and purchase of all municipal supplies and equipment, consistent with
the provisions of this Ordinance. The Administrator shall keep an account of all purchases.
2 N.J.S.A. 40A:60-3
5
Section 6
The Administrator shall supervise and continually review the Borough's insurance program and make
periodic reports thereof to the Mayor and Council.
Section 7
The Administrator shall submit to the Mayor and Council, as soon as possible after the close of the fiscal
year, a complete written report on the administrative activities of the Borough for the preceding year.
ARTICLE V
Borough Clerk
Section 1
Pursuant to N.J.S.A. 40A:9-133 there shall be a Municipal Clerk appointed by the Governing Body for a
term of three (3) years. The Municipal Clerk shall receive such compensation as shall be provided by
ordinance. No person shall be appointed or reappointed as Municipal Clerk unless that person shall have a
Registered Municipal Clerk Certificate.
The Clerk shall perform the duties enjoined upon him/her by the Revised Statutes of New Jersey and these
By-Laws.3
Section 2
The Municipal Clerk shall:
a. Act as secretary of the municipal corporation ad custodian of municipal seal and of all minutes,
books, deeds, bonds, contracts, and archival records of the municipal corporation. The Governing
Body may, however, provide by ordinance that any other specific officer shall have custody of
any special other class of record;
b. Act as secretary to the governing body, prepare meeting agendas at the discretion of the governing
body, be present at all meetings of the governing body, keep a journal of the proceedings of every
meeting, retain the original copies of all ordinances and resolutions and record the minutes of
every meeting;
c. Serve as chief administrative officer in all elections held in the municipality, subject to the
requirements of Title 19 of the Revised Statutes;
d. Serve as chief registrar of voters in the municipality, subject to the requirements of Title 19 of the
Revised Statutes;
e. Serve as the administrative officer responsible for the acceptance of applications for licenses and
permits and the issuance of licenses and permits, except where statute or municipal ordinance has
delegated that responsibility to some other municipal officer;
f. Serve as the coordinator and records manager responsible for implementing local archives and
records retention programs as mandated pursuant to Title 47 of the Revised Statutes’
g. Perform other such duties as are now or hereafter imposed by statute, regulation or municipal
ordinance or regulation;
h. Perform other such duties as directed by the Mayor and Council.
3 N.J.S.A. 40A:9-133
6
ARTICLE VI
Agendas
Section 1
All matters requiring the attention of the Mayor and Council at any regularly scheduled meeting per annual
notice thereof shall be filed with the Borough Clerk no later than the Friday prior to the Regular Council
meeting.
Section 2
The Borough Administrator shall prepare an agenda of all such matters to be brought before all Regular
and Special meetings, including a list of all bills presented for payment, and a copy of the agenda and copies
of all ordinances and resolutions to be acted upon shall be delivered by the Borough Clerk to each member
of the Governing Body no later than twenty-four (24) hours prior to the Regular Council meeting.
Section 3
In the event that any Council Member complies with Section 1 of this Article, and through error or
inadvertence said resolution or ordinance is omitted from the agenda, as prepared by the Borough
Administrator, in accordance with the aforementioned sections of this Article then in that event the Council
Member who filed said resolution or ordinance, in accordance with Section 1 of this Article, shall be at
liberty to present the same at the meeting for which the agenda was prepared.
ARTICLE VII
Meetings
Section 1
At the Annual Meeting, the Council shall fix the time and place for holding Regular meetings during the
ensuing year, which time and place shall not be changed except by a resolution adopted at a Regular
meeting.4
Section 2
At the Annual Meeting, the Council will elect one of its members as Council President to serve until the
next Annual Meeting.5
Section 3
The Mayor shall when necessary, call special meetings of the Council; in case of his neglect or refusal, any
four members of the Council may call such meeting at such time and place in the Borough as they may
designate, and in all cases of special meetings advance notice in compliance with the "Sunshine Law" shall
be given.
4 40A:60-3(f)
5 See Footnote 2
7
Section 4
A quorum shall be as provided by the Revised Statutes of New Jersey, via: Three Council members and
the Mayor, and in the absence of the Mayor, four Council Members.6
Section 5
If no quorum is present at any meeting, those assembled shall have power and are hereby authorized to set
a new meeting date and then adjourn giving notice in compliance with the "Sunshine Law."
Section 6
At Regular meetings, the following order of business shall be observed:
1. Call to Order
2. Statement of Compliance
3. Roll Call
4. Pledge of Allegiance & Prayer
5. Proclamations & Presentations
6. Mayor’s Report & Reports of Committees
7. Department Head Reports
8. Consent Agenda Resolutions
9. Public Hearing & Adoption of Ordinance(s)
10. Introduction of Ordinance(s)
11. Unfinished Business
12. New Business
13. Public Comment
14. Closed Session: Any matter permitted to be discussed in Closed Session pursuant to N.J.S.A. 10:4-2
15. Adjournment
Section 7
The aforesaid order of business at any meeting may be changed by a majority vote of those present.
Section 8
Except as otherwise required by the Statutes, or specifically provided in these Bylaws, all action of the
Council shall be by a majority vote of the members of the Council present at the meeting.
Section 9
Upon demand of one member of the Council, or when ordered by the Mayor, or when directed by Statute,
a roll call vote shall be taken and the “Ayes” and “Nays” entered in the minutes of the meeting.
6 40A:60-3(d)
8
ARTICLE VIII
Committees
Section 1
The Mayor shall appoint all committees and shall be a member ex-officio, of each such committee. In
addition, the Mayor shall see that all matters referred to the committees are acted upon and reported
promptly. Should the Mayor's presence at a committee meeting thereby constitute a quorum of the Council,
that committee meeting will, therefore, fall under the provisions of the "Sunshine Law."
Section 2
The following Standing Committees of the Council consisting of three Council members each (other than
the Mayor, ex-officio) shall be appointed at the Annual Meeting:
1. Financial & Administrative Committee
2. Fire & Police Protection Committee
3. Public Safety Committee
4. Recreation & Health Committee
5. Public Works Committee
6. Buildings & Grounds Committee
Section 3
Each Council Member shall be chairperson of one of the six standing committees named in this Article and
a member at least one other.
Section 4
Standing Committees are appointed to expedite and facilitate the work of the Council, but only within
statutory limits as the entire Council is held responsible for any or all of its acts.
A Standing Committee shall:
1. Plan, study, direct, make commitments within budgetary limitations, and carry on the routine
activities for which it has primary responsibility.
2. Establish policy, practice, and procedures for which it has primary responsibility.
3. Perform such acts as may be assigned to it by the Mayor and Council.
4. Report and make recommendations to the Mayor and Council regarding its responsibilities and
activities.
Except as provided above, a Standing Committee shall not:
1. Exceed its budgetary appropriations without prior approval of the Council.
2. Make promises or commitments to anyone, which directly or by inference, bind the Council.
3. Act in such manner or make decisions, which set a precedent, or violate established Council policy.
4. Direct the operations of any Borough department of staff.
5. Establish policy, practice, or procedures otherwise set by statute.
9
Section 5
Special Committees may be appointed by the Mayor for purposes other than those included in the duties of
the Standing Committees.
Section 6
At the time of the appointment of any committee, the Mayor shall name some member thereof as the Chair
of such committee and shall name a Vice-Chair who shall be the successor to any such Chair in case of
death, resignation or removal from office while serving in such capacity. The Mayor may, with the
concurrence of a majority of the Council, change existing Committee assignment and/or the Chair when it
is in the best interest of the Borough to do so.
Section 7
The Chair of each Standing or Special Committee shall be prepared to report to the Mayor and Council at
each Regular meeting on the principal activities and achievements of such Committee.
ARTICLE IX
Duties of Standing Committees of the Council
Section 1
The Financial & Administrative Committee shall have primary responsibility for:
1. The examination, review and approval of all vouchers prior to their submission to the Council for
authority to pay the same.
2. The Collector-Treasurer and staff
3. The Assessor and staff
4. The initiation of foreclosure action, and subsequent administration of property acquired by the
Borough under foreclosure of Tax Title Liens.
5. All insurance matters, including coverage and claims.
6. The preparation and supervision of the entire Municipal Budget.
7. The maintenance, review and revision of the Borough Cost System.
It shall also serve as the Council’s liaison for any other body or organization on fiscal matters.
Section 2
Fire & Police Protection Committee shall have primary responsibility for:
1. Fire Department & Police Department activities
2. Fire Prevention Bureau
3. Highway Traffic
4. Municipal Court
5. Emergency Management
It shall also serve as the Council’s liaison for the Fire Chief, Animal Control Agency, the Municipal Judge,
Emergency “911” Coordinator and all organizations or agencies concerned with juvenile delinquency.
10
Section 3
The Public Safety Committee shall have primary responsibility for:
1. Granting of Licenses and Inspection of Licensed Premises and Persons as designated by the
Council.
2. The Borough Clerk
3. Maintains the Borough’s interest in all matters with non-Borough operated public utility
corporations.
It shall also serve as the Council’s liaison the Waldwick Volunteer Ambulance Corps.
Section 4
The Recreation & Health Committee shall have primary responsibility for:
1. Pool operation
2. Recreation activities conducted at Borough expense
3. Projects or proposals, the object of which is to provide the means or method of handling matters
involving the general welfare of the Youth and /or Senior Citizens of the Borough.
4. Health Services
It shall also serve as the Council’s liaison for the Board of Health and organizations or agencies concerned
with public health.
Section 5
The Public Works Committee shall have primary responsibility for:
1. Road Department
2. Water Department
3. Sewer Maintenance
4. Leaf Collection
5. Waste Management
6. Recycling
It shall also serve as the Council’s liaison for the State and County Highway Department.
Section 6
The Buildings & Grounds Committee shall have primary responsibility for:
1. The maintenance, improvement and repair of all municipal buildings and grounds.
2. The Department of the Building Inspections
11
ARTICLE X
Bills, Claims and Vouchers
Section 1
All bills or claims against the Borough shall be in writing, fully itemized, and on such forms, as the Borough
shall provide for that purpose. As required by statute, they shall be sworn to by the claimant before
submission for approval and payment.
Section 2
1. All bills and claims must be supported by a certificate or the receipt of the goods, or the satisfactory
rendering of the Borough, and who may be held accountable therefor.
2. All checked vouchers with supporting papers attached would then be presented to the Council
Committee having primary interest in the matter. Each such voucher will be reviewed, and if
approved the committee having jurisdiction over the activity or matter for which the expenditure
was incurred, it will then be referred to the Financial Administrative Committee.
3. Following review and recommendation by the Borough Administrator, the Financial and
Administrative Committee shall examine all vouchers previously approved by the appropriate
committee or committees, and will indicate its approval on each such voucher prior to submitting
it to the Council for authorization to pay the same.
Section 3
1. All vouchers recommended for payment shall be presented to the Council by the Borough Clerk at
a Regular meeting or an adjourned Regular meeting.
2. Authorization to draw the checks and pay the amount of the approved vouchers shall be by
resolution of the Council.
Section 4
The corresponding vouchers and all checks drawn in payment thereof shall agree when the said checks are
presented to the Mayor and Collector-Treasurer for signature.
Section 5
All bills, vouchers and paid checks shall be filed in a safe place and be made available for public inspection
whenever requested.
ARTICLE XI
Seal
Section 1
The seal of the Borough shall be circular in form and shall contain the following: "The Borough of
Waldwick, Waldwick, New Jersey".
Section 2
The seal shall be in the custody of the Clerk and shall be impressed on all appropriate documents or papers.
12
ARTICLE XII
Amendments
Section 1
1. The Mayor or any member of the Council may propose amendments to these Bylaws, at any
Regular meeting or adjourned, Regular meeting.
2. The Mayor will then appoint a Special Committee of three members of the Council to consider the
proposed amendment and in addition may submit other suggested changes.
Section 2
The Special Committee will present its recommendation at a Regular meeting or adjourned Regular meeting
of the Council.
Section 3
These Bylaws shall only be altered or amended by a majority vote of the full membership concurring taken
a Regular meeting or adjourned Regular meeting of the Council.
13
FORM OF GOVERNMENT
The Borough form (N.J.S.A.40A:60-1) remains the single most popular form of local government in New
Jersey. This form dates back to the Borough Act of 1878 and was revised in 1897 and by the Borough Act
of 1987. The Borough mayor is elected at-large to a four-year term. Six council members are elected at-
large to staggered three-year terms.
The Borough form is often referred to as a “weak mayor-strong council” form. The mayor retains all general
law authority, presides over council meetings and can vote in the case of a tie. The mayor appoints, with
the advice and consent of council, all subordinate officers of the municipality. The council is the legislative
body of the Borough. All executive responsibilities not placed in the office of the Mayor by general law or
the Borough law remains with the Council.
The Council acts as the Legislative body of the municipality. The Council can override a Mayor's veto by
2/3 majority of all members. They confirm the Mayor's appointments and gain appointment power upon
failure to confirm Mayor's appointee or after office vacant for 30 days. The Council has all executive
responsibility not placed in office of Mayor. Like the other traditional forms, a Borough may appoint an
Administrator and delegate all or a portion of the executive responsibilities to him/her. The Council may
also adopt an administrative code, prescribing how the Council shall perform it duties.
BOROUGH ADMINISTRATOR’S
WEEKLY NEWSLETTER & CITIZEN INQUIRIES
At the end of each week, the Borough Administrator will distribute a weekly confidential newsletter
covering all current and future operations and function of the Borough.
When a citizen comes to elected or appointed officials with a problem, it is their responsibility to direct
them to Administration. From there it is the job of Administration to assist the citizen with their issue. This
is done to protect, not prohibit your ability to serve the public at large.
ATTENDANCE POLICY
As per State statute, a vacancy in office my occur whenever the Mayor, when required by law to attend
meetings of the Governing Body, or a member of the Governing Body, fails to attend and participate in any
meetings of the Governing Body for a period of eight (8) consecutive weeks unless excused from
attendance. An absence may be excused for the following reasons: work emergencies, sickness or death.
If a member is seeking excusal, they must inform the Mayor, Administrator and Clerk prior to the meeting.
Excused absences will be documented in the meeting minutes.
14
ROBERT’S RULES OF ORDER AND
PARLIAMENTARY PROCEDURES
Robert's Rules of Order is the short title of a book, written by Henry Martyn Robert that is intended to be
a guide for conducting meetings and making decisions as a group.
Motions are proposals to commit the organization to action. It is a motion that stands alone and does not
apply to another motion. There can be only one main motion on the floor at a time.
Seconding a motion reflects that you are in agreement with the main motion as stated.
Voting in the Borough of Waldwick is done by a “Roll Call Vote” which means that the roll is called in
alphabetical order with the Mayor’s vote being required only in the event of a tie. Voters may respond with
the following “Ayes or Yes” “Nays or No” “Abstain” or “Pass”. Abstain means that you are not voting
while pass simply means that you are not ready to vote and will be called again at the end of the call of the
roll.
Council Members should give their undivided attention to the public and other members of the council, and
refrain from using their cell phones and having sidebar conversations during the meeting.
WHAT ARE POLICY VOTES, RESOLUTIONS
AND ORDINANCES?
Policy Vote: The term “policy vote” means and includes any act or regulation of the Governing Body of
any municipality that is not required to be reduced to writing or read at more than one meeting and published
in order to be passed.
Example: A request for permission from an outside organization to hold an event at Borough Park would
be considered a policy vote.
Resolution: A resolution is any act or regulation of the Governing Body that is required to be reduced to
writing but which may be finally passed at the meeting at which it is introduced.
Example: The approval of a one-year contract that is awarded to a vendor to complete a project for the
Borough.
Ordinance: The term “ordinance” means and includes any act or regulation of the Governing Body of any
municipality required to be reduced to writing and read at more than one meeting and published.
Example: Parking regulations throughout the Borough would need to have an ordinance adopted or
amended to become a “local law.”
An ordinance has a first and second reading. The first reading is considered the “Introduction of
Ordinance(s)”. Once an ordinance is introduced, it is advertised in the local newspaper stating the date and
time of the public hearing. The second reading is considered the “Public Hearing & Adoption of
Ordinance(s)” where the public hearing is held after which the Council votes on the ordinance.
15
OPMA – “Open Public Meetings Act”
N.J.S.A. 10:4-6. "Senator Byron M. Baer Open Public Meetings Act."
This act shall be known and may be cited as the “Senator Byron M. Baer Open Public Meetings Act.”
N.J.S.A. 10:4-7. Legislative findings and declaration
The Legislature finds and declares that the right of the public to be present at all meetings of public bodies,
and to witness in full detail all phases of the deliberation, policy formulation, and decision making of public
bodies, is vital to the enhancement and proper functioning of the democratic process; that secrecy in public
affairs undermines the faith of the public in government and the public’s effectiveness in fulfilling its role
in a democratic society, and hereby declares it to be the public policy of this State to insure the right of its
citizens to have adequate advance notice of and the right to attend all meetings of public bodies at which
any business affecting the public is discussed or acted upon in any way except only in those circumstances
where otherwise the public interest would be clearly endangered or the personal privacy or guaranteed
rights of individuals would be clearly in danger of unwarranted invasion.
The Legislature further declares it to be the public policy of this State to insure that the aforesaid rights are
implemented pursuant to the provisions of this act so that no confusion, misconstructions or
misinterpretations may thwart the purposes hereof.
The Legislature, therefore, declares that it is the understanding and the intention of the Legislature that in
order to be covered by the provisions of this act a public body must be organized by law and be collectively
empowered as a multi-member voting body to spend public funds or affect persons’ rights; that, therefore,
informal or purely advisory bodies with no effective authority are not covered, nor are groupings composed
of a public official with subordinates or advisors, who are not empowered to act by vote such as a mayor
or the Governor meeting with department heads or cabinet members, that specific exemptions are provided
for the Judiciary, parole bodies, the State Commission of Investigation, the Apportionment Commission
and political party organization; that to be covered by the provisions of this act a meeting must be open to
all the public body’s members, and the members present must intend to discuss or act on the public body’s
business; and therefore, typical partisan caucus meetings and chance encounters of members of public
bodies are neither covered by the provisions of this act, nor are they intended to be so covered.
N.J.S.A. 10:4-8. Definitions
As used in this act:
a. “Public body” means a commission, authority, board, council, committee or any other group of two
or more persons organized under the laws of this State, and collectively empowered as a voting
body to perform a public governmental function affecting the rights, duties, obligations, privileges,
benefits, or other legal relations of any person, or collectively authorized to spend public funds
including the Legislature, but does not mean or include the judicial branch of the government, any
grand or petit jury, any parole board or any agency or body acting in a parole capacity, the State
Commission of Investigation, the Apportionment Commission established under Article IV,
Section III, of the Constitution, or any political party committee organized under Title 19 of the
Revised Statutes.
16
b. “Meeting” means and includes any gathering whether corporeal or by means of communication
equipment, which is attended by, or open to, all of the members of a public body, held with the
intent, on the part of the members of the body present, to discuss or act as a unit upon the specific
public business of that body. Meeting does not mean or include any such gathering (1) attended by
less than an effective majority of the members of a public body, or (2) attended by or open to all
the members of three or more similar public bodies at a convention or similar gathering.
c. “Public business” means and includes all matters which relate in any way, directly or indirectly, to
the performance of the public body’s functions or the conduct of its business.
d. “Adequate notice” means written advance notice of at least 48 hours, giving the time, date, location
and, to the extent known, the agenda of any regular, special or rescheduled meeting, which notice
shall accurately state whether formal action may or may not be taken and which shall be (1)
prominently posted in at least one public place reserved for such or similar announcements, (2)
mailed, telephoned, telegrammed, or hand delivered to at least two newspapers which newspapers
shall be designated by the public body to receive such notices because they have the greatest
likelihood of informing the public within the area of jurisdiction of the public body of such
meetings, one of which shall be the official newspaper, where any such has been designated by the
public body or if the public body has failed to so designate, where any has been designated by the
governing body of the political subdivision whose geographic boundaries are coextensive with that
of the public body and (3) filed with the clerk of the municipality when the public body’s
geographic boundaries are coextensive with that of a single municipality, with the clerk of the
county when the public body’s geographic boundaries are coextensive with that of a single county,
and with the Secretary of State if the public body has Statewide jurisdiction. For any other public
body the filing shall be with the clerk or chief administrative officer of such other public body and
each municipal or county clerk of each municipality or county encompassed within the jurisdiction
of such public body. Where annual notice or revisions thereof in compliance with [N.J.S.A 10:4-
18] set forth the location of any meeting, no further notice shall be required for such meeting.
N.J.S.A. 10:4-9. Meeting of public body; adequate notice to public; necessity; exceptions
a. Except as provided by subsection b. of this section, or for any meeting limited only to consideration
of items listed in [N.J.S.A 10:4-12b], no public body shall hold a meeting unless adequate notice
thereof has been provided to the public.
17
b. Upon the affirmative vote of three quarters of the members present a public body may hold a
meeting notwithstanding the failure to provide adequate notice if:
(1) such meeting is required in order to deal with matters of such urgency and importance that a
delay for the purpose of providing adequate notice would be likely to result in substantial harm
to the public interest; and
(2) the meeting is limited to discussion of and acting with respect to such matters of urgency and
importance; and
(3) notice of such meeting is provided as soon as possible following the calling of such meeting
by posting written notice of the same in the public place described in [N.J.S.A. 10:4-8d] above,
and also by notifying the two newspapers described in [N.J.S.A 10:4-8d] by telephone,
telegram, or by delivering a written notice of same to such newspapers; and
(4) either (a) the public body could not reasonably have foreseen the need for such meeting at a
time when adequate notice could have been provided; or (b) although the public body could
reasonably have foreseen the need for such meeting at a time when adequate notice could have
been provided, it nevertheless failed to do so.
N.J.S.A. 10:4-9.1. Electronic notice of meeting of public body; terms defined
In addition to the notice requirements of the “Open Public Meetings Act,” P.L.1975, c. 231 (N.J.S.A. 10:4-
6 et seq.), a public body may provide electronic notice of any meeting of the public body through the
Internet.
As used in this section, “electronic notice” means advance notice available to the public via electronic
transmission of at least 48 hours, giving the time, date, location and, to the extent known, the agenda of any
regular, special or rescheduled meeting, which notice shall accurately state whether formal action may or
may not be taken at such meeting.
As used in this section, “Internet” means the international computer network of both federal and non-federal
interoperable packet switched data networks.
N.J.S.A. 10:4-9.2. Construction of act
Nothing in this act shall be construed as affecting or superseding the adequate notice requirements that are
imposed by the “Open Public Meetings Act,” P.L.1975, c. 231 (N.J.S.A. 10:4-6 et seq.) and no electronic
notice issued pursuant to this act shall be deemed to substitute for, or be considered in lieu of, such adequate
notice.
N.J.S.A. 10:4-10. Statement in minutes of meeting on adequate notice
At the commencement of every meeting of a public body the person presiding shall announce publicly, and
shall cause to be entered in the minutes of the meeting, an accurate statement to the effect:
a. that adequate notice of the meeting has been provided, specifying the time, place, and manner in which
such notice was provided; or
b. that adequate notice was not provided, in which case such announcement shall state (1) the nature of
the urgency and importance referred to in subsection [N.J.S.A. 10:4-9.b] and the nature of the
substantial harm to the public interest likely to result from a delay in the holding of the meeting; (2)
that the meeting will be limited to discussion of and acting with respect to such matters of urgency and
importance; (3) the time, place, and manner in which notice of the meeting was provided; and (4) either
(a) that the need for such meeting could not reasonably have been foreseen at a time when adequate
18
notice could have been provided, in which event, such announcement shall specify the reason why such
need could not reasonably have been foreseen; or (b) that such need could reasonably have been
foreseen at a time when adequate notice could have been provided, but such notice was not provided,
in which event the announcement shall specify the reason why adequate notice was not provided.
N.J.S.A. 10:4-11. Failure to invite portion of members to circumvent provisions of act; prohibition
No person or public body shall fail to invite a portion of its members to a meeting for the purpose of
circumventing the provisions of this act.
N.J.S.A. 10:4-12. Meetings open to public; exceptions
a. Except as provided by subsection b. of this section all meetings of public bodies shall be open to the
public at all times. Nothing in this act shall be construed to limit the discretion of a public body to
permit, prohibit, or regulate the active participation of the public at any meeting, except that a municipal
governing body and a board of education shall be required to set aside a portion of every meeting of
the municipal governing body or board of education, the length of the portion to be determined by the
municipal governing body or board of education, for public comment on any governmental or school
district issue that a member of the public feels may be of concern to the residents of the municipality
or school district.
b. A public body may exclude the public only from that portion of a meeting at which the public body
discusses any:
(1) matter which, by express provision of federal law, State statute, or rule of court shall be rendered
confidential or excluded from the provisions of subsection a. of this section;
(2) matter in which the release of information would impair a right to receive funds from the
Government of the United States;
(3) material the disclosure of which constitutes an unwarranted invasion of individual privacy such as
any records, data, reports, recommendations, or other personal material of any educational,
training, social service, medical, health, custodial, child protection, rehabilitation, legal defense,
welfare, housing, relocation, insurance, and similar program or institution operated by a public
body pertaining to any specific individual admitted to or served by an institution or program,
including but not limited to, information relative to the individual’s personal and family
circumstances, and any material pertaining to admission, discharge, treatment, progress, or
condition of any individual, unless the individual concerned (or, in the case of a minor or an
incapacitated individual, the individual’s guardian) shall request in writing that the material be
disclosed publicly;
(4) collective bargaining agreement, or the terms and conditions which are proposed for inclusion in
any collective bargaining agreement, including the negotiation of the terms and conditions thereof
with employees or representatives of employees of the public body;
(5) matter involving the purchase, lease, or acquisition of real property with public funds, the setting
of banking rates, or investment of public funds, if it could adversely affect the public interest if
discussion of the matters were disclosed;
(6) tactics and techniques utilized in protecting the safety and property of the public, provided that
their disclosure could impair that protection, or investigations of violations or possible violations
of the law;
(7) pending or anticipated litigation or contract negotiation other than in subsection b. (4) herein in
which the public body is, or may become, a party, or matters falling within the attorney-client
privilege, to the extent that confidentiality is required in order for the attorney to exercise his
ethical duties as a lawyer;
(8) matter involving the employment, appointment, termination of employment, terms and conditions
of employment, evaluation of the performance of, promotion, or disciplining of any specific
19
prospective public officer or employee or current public officer or employee employed or
appointed by the public body, unless all the individual employees or appointees whose rights could
be adversely affected request in writing that the matter or matters be discussed at a public meeting;
or
(9) deliberations of a public body occurring after a public hearing that may result in the imposition of
a specific civil penalty upon the responding party or the suspension or loss of a license or permit
belonging to the responding party as a result of an act or omission for which the responding party
bears responsibility.
N.J.S.A. 10:4-13. Exclusion of public; resolution; adoption; contents
No public body shall exclude the public from any meeting to discuss any matter described in [N.J.S.A.
10:4-12b] until the public body shall first adopt a resolution, at a meeting to which the public shall be
admitted:
a.
Stating the general nature of the subject to be discussed; and
b.
Stating as precisely as possible, the time when and the circumstances under which the discussion
conducted in closed session of the public body can be disclosed to the public.
N.J.S.A. 10:4-14. Minutes of meetings; availability to public
Each public body shall keep reasonably comprehensible minutes of all its meetings showing the time and
place, the members present, the subjects considered, the actions taken, the vote of each member, and any
other information required to be shown in the minutes by law, which shall be promptly available to the
public to the extent that making such matters public shall not be inconsistent with [N.J.S.A. 10:4-12].
N.J.S.A. 10:4-15. Proceeding in lieu of prerogative writ to void action at nonconforming meeting;
parties; limitation; corrective or remedial action
a.
Any action taken by a public body at a meeting which does not conform with the provisions of this
act shall be voidable in a proceeding in lieu of prerogative writ in the Superior Court, which
proceeding may be brought by any person within 45 days after the action sought to be voided has
been made public; provided, however, that a public body may take corrective or remedial action by
acting de novo at a public meeting held in conformity with this act and other applicable law
regarding any action which may otherwise be voidable pursuant to this section; and provided
further that any action for which advance published notice of at least 48 hours is provided as
required by law shall not be voidable solely for failure to conform with any notice required in this
act.
b. Any party, including any member of the public, may institute a proceeding in lieu of prerogative
writ in the Superior Court to challenge any action taken by a public body on the grounds that such
action is void for the reasons stated in subsection a. of this section, and if the court shall find that
the action was taken at a meeting which does not conform to the provisions of this act, the court
shall declare such action void.
N.J.S.A. 10:4-16. Injunctive orders or other remedies to insure compliance
Any person, including a member of the public, may apply to the Superior Court for injunctive orders or
other remedies to insure compliance with the provisions of this act, and the court shall issue such orders
and provide such remedies as shall be necessary to insure compliance with the provisions of this act.
20
N.J.S.A. 10:4-17. Penalty; enforcement
Any person who knowingly violates any of the foregoing sections of this act shall be fined $100.00 for the
first offense and no less than $100.00 nor more than $500.00 for any subsequent offense, recoverable by
the State by a summary proceeding under “the penalty enforcement law” (N.J.S.A. 2A:58-1 et seq.). The
Superior Court shall have jurisdiction to enforce said penalty upon complaint of the Attorney General or
the county prosecutor.
Whenever a member of a public body believes that a meeting of such body is being held in violation of the
provisions of this act, he shall immediately state this at the meeting together with specific reasons for his
belief which shall be recorded in the minutes of that meeting. Whenever such a member’s objections to the
holding of such meeting are overruled by the majority of those present, such a member may continue to
participate at such meeting without penalty provided he has complied with the duties imposed upon him by
this section.
N.J.S.A. 10:4-18. Schedule of regular meetings of public body; publicity; revision; procedure
At least once each year, within 7 days following the annual organization or reorganization meeting of a
public body, or if there be no such organization or reorganization meeting in the year, then by not later than
January 10 of such year, every public body shall post and maintain posted throughout the year in the place
described in [N.J.S.A. 10:4-8(d)(1)], mail to the newspapers described in [N.J.S.A. 10:4-8(d)(2)], submit
to the persons described in [N.J.S.A. 10:4-8(d)(3)], for the purpose of public inspection a schedule of the
regular meetings of the public body to be held during the succeeding year. Such schedule shall contain the
location of each meeting to the extent it is known, and the time and date of each meeting. In the event that
such schedule is thereafter revised, the public body, within 7 days following such revision, shall post, mail
and submit such revision in the manner described above.
N.J.S.A. 10:4-19. Requests for notices of meetings; annual renewal
Any person may request that a public body mail to him copies of any regular meeting schedule or revision
described in [N.J.S.A. 10:4-18] and any advance written notice described in [N.J.S.A. 10:4-8.d] of any
regular, special or rescheduled meeting of such body, and upon prepayment by such person of a reasonable
sum, if any has been fixed by resolution of the public body to cover the costs of providing such notice, the
public body shall mail to such person written advance notice of all of its meetings within the time prescribed
by [N.J.S.A. 10:4-8.d], subject only to the exceptions set forth in [N.J.S.A. 10:4-9.b] herein. Such resolution
may provide that notice requested by the news media shall be mailed to such news media free of charge.
All requests for notices made under this section shall terminate at midnight on December 31 of each year,
but shall be subject to renewal upon a new request to the public body.
N.J.S.A. 10:4-20. Severability
If any section, subsection, clause, sentence, paragraph, or part of this act or the application thereof to any
person or circumstances, shall, for any reason, be adjudged by a court of competent jurisdiction to be
invalid, such judgment shall not affect, impair, or invalidate the remainder of this act.
N.J.S.A. 10:4-21. Liberal construction
This act shall be liberally construed in order to accomplish its purpose and the public policy of this State as
set forth in [N.J.S.A. 10:4-7].
21
OPRA – “Open Public Records Act”
Summary
OPRA provides public access to government records. Generally, under this law, documents made,
maintained, kept on file, or received in the course of Borough of Waldwick’s business may be government
records subject to inspection and/or copying. There are numerous exceptions for various categories of
documents that are not considered government records under the law or are exempt from disclosure under
other applicable federal or state laws, regulations, or orders. It is important to note that the law provides for
access to existing records; it does not provide access to information or require the Borough of Waldwick to
create documents for the purpose of responding to a request.
Time Frame
The law provides for a short time frame in which to respond to a request for a record. A response will
typically be made to the request within seven (7) business days of a written request. If it is determined that
the requestor seeks access to a readily available government record, then, if practicable, it will be provided
within seven business days. If the government record is temporarily unavailable, the requestor will be
notified within that seven-day period as to when the record is expected. If the Custodian of Records
determines that the requestor has sought access to documents that are not government records, then the
requestor will be notified of this.
Disputes
If there is a dispute as to whether public access to a document has been denied incorrectly, the requestor
may file a complaint with the Government Records Council in the New Jersey Department of Community
Affairs or file a lawsuit in Superior Court. The Government Records Council offers mediation as a means
to resolve these disputes and, if mediation fails, is authorized by law to determine whether access should
be granted to the record sought.
22
2023 COUNCIL MEETING SCHEDULE
The Mayor and Council of the Borough of Waldwick will hold the following Regular Meetings in 2023
to be held on the second and fourth Tuesdays of each month at 7:30 pm in the Administrative
Building, Council Chambers, 63 Franklin Turnpike, Waldwick, NJ, unless otherwise notes with an
asterisk (*) as follows:
Date
Meeting
January 10, 2023
Regular
January 24, 2023
Regular
February 14, 2023
Regular
February 28, 2023
Regular
March 14, 2023
Regular
March 28, 2023
Regular
April 11, 2023
Regular
April 25, 2023
Regular
May 9, 2023
Regular
May 23, 2023
Regular
*June 20, 2023
Regular
*July 18, 2023
Regular
*August 15, 2023
Regular
September 12, 2023
Regular
September 26, 2023
Regular
October 10, 2023
Regular
October 24, 2023
Regular
November 21, 2023
Regular
December 12, 2023
Regular
FORMAL ACTION MAY BE TAKEN AT ANY OF THE ABOVE SCHEDULED MEETINGS.
23
BOROUGH BUDGET
General Budget
The General or Annual Budget means the Official Budget required to be adopted by the Local Budget Law,
and which for purposes of this subchapter includes a separate section known as the Capital Budget and
Capital Improvement Program.
Capital Budget
The Capital Budget is a plan for all capital expenditures for the current fiscal year. A Capital Improvement
Program is the multi-year plan and schedule for capital projects which includes prospective financing
sources and when pertinent, first year operating costs and savings. A project can be any of the following,
with an expected useful life of five years or more and a prospective individual or (when added to the cost
of other such items as are listed below) cumulative cost in any year of $25,000 or more, regardless of the
financing sources:
1. Acquisition and/or development of land;
2. Acquisition of major equipment, furniture, or other personal property;
3. Acquisition, construction, improvement and/or renovation of buildings, roads, utilities, structures,
improvements or public works;
4. Any other matter described in N.J.S.A. 40A:2-22
Water Utility
Water Utility Fees are a self-liquidating function of the Borough of Waldwick. This means that all costs
associated with providing water to Borough Residents will pay for itself through the Water Utility Fees.
The significance of this utility to the overall budget lies with the State Mandated 2% cap on municipal
budgets. Water Utility Fees do not count toward the 2%.
24
MUNICIPAL DEPARTMENTS
Administrator
Patrick Wherry, MPA/QPA
pwherry@waldwicknj.org
201-652-5300 ext. 227
Assistant Administrator
Matthew Guilder, MPA
mguilder@waldwicknj.org
201-652-5300 ext. 228
The Borough Administrator is nominated by the Mayor and appointed with the advice and consent of the
Council. The Borough Administrator shall be the Chief Administrative Officer of the Borough of
Waldwick, and be responsible to the Mayor and Council for the proper and efficient administration of the
business affairs of the Borough. The Borough Administrator administers personnel regulations, works on
the budget with the CFO, functions as purchasing officer, handles citizen inquires, and performs other such
administrative duties and special projects in connection with the Mayor and Council.
Borough Clerk
Kelley Halewicz, RMC/CMC
khalewicz@waldwicknj.org
201-652-5300 ext. 236
The Borough Clerk serves as secretary to the governing body and is responsible for issuing licenses,
overseeing municipal elections, and maintaining the archives of official Borough documents. The Clerk
serves as custodian of the municipal seal, affixing it to all papers and documents according to law.
As secretary to the governing body the Clerk assists in the preparation of the agenda, records the minutes
of all Council Meetings and preserves all documentation of the Borough Council’s actions. Ordinances
and resolutions enacted by the governing body are permanently archived by the Borough Clerk.
Serving as registrar of voters, the Borough Clerk is responsible for conducting municipal, primary and
general elections within the Borough.
CFO/Tax Collector
Colleen Ennis
cennis@waldwicknj.org
201-652-5300 ext. 244
The Finance Department is responsible for the proper and efficient administration of the financial affairs
of the Borough. The duties and responsibilities relate to general management of all Borough finances.
25
Tax Assessor
Angela Mattiace
amattiace@waldwicknj.org
201-652-5300 ext. 225
The Tax Assessor's Office is responsible for accurately identifying, listing and valuing all real property
within the Borough. This requires the collecting and maintenance of data from numerous other programs
provided by New Jersey Statutes, including senior citizens, disabled persons, veterans tax deductions,
farmland assessment, tax exemptions to eligible non-profit organizations, sales ratio and annual assessment
notifications.
Building
Joe Mysliwiec
jmysliwiec@waldwicknj.org
201-652-5300 ext. 233
Processes all Building, Electrical & Plumbing permits for the Borough of Waldwick.
Building Inspections
Monday thru Friday: 10:00 am - 12:00 pm
Electrical Inspections
Tuesdays & Thursdays: 3:30 pm - 6:30 pm
Plumbing Inspections
Tuesdays & Thursdays: 3:30 pm to 6:30 pm
Fire Prevention
James O’Connell
joconnell@waldwicknj.org
201-652-5300 ext. 249
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383), the New Jersey Uniform Fire
Code shall be locally enforced in the Borough of Waldwick.
The local enforcement agency, the Bureau of Fire Prevention, shall enforce the Uniform Fire Safety Act
and the codes and regulations adopted under it in all buildings, structures and premises within the
established boundaries of the Borough of Waldwick, other than those structures which are owner occupied
one-and two-family dwellings. The Bureau of Fire Prevention shall faithfully comply with the requirements
of the Uniform Fire Safety Act and the Uniform Fire Code.
The Bureau of Fire Prevention shall be responsible for carrying out all inspections and collecting all permit
and inspection fees established by the Uniform Fire Code.
Fire Inspections
Tuesdays & Thursdays: 3:30 pm to 6:30 pm
26
Municipal Court
Christine Oravetz
coravetz@waldwicknj.org
201-652-5300 ext. 221
The Municipal Courts are considered courts of limited jurisdiction, and have responsibility for adjudicating
motor vehicle offenses, parking offenses, some criminal offenses (bad check charges, simple assault, and
certain harassment offenses), municipal ordinance violations, and certain other offenses, such as weights
and measures violations, as well as fish and game violations. Municipal Courts usually only have
jurisdiction over cases that occur within the boundaries of the municipality they occurred in.
Waldwick Municipal Court holds Court the 2nd and 4th Thursdays at 5:00 p.m. The Court also schedules
special sessions as necessary to meet the administrative needs of the court.
Further information can be found at www.waldwicknj.org
27
BOARDS & COMMISSIONS
Board of Health
Library Board
President
Kathy Hillringhouse
Vice President
Donna Palladino
Member
Greg Hazley
Robert Rose
Donna Guy
Keri Tone
Marion Giordano
Alternate #1
Anthony Paradiso
Alternate #2
Allison Larro
Borough Nurse
Kirsteen Diaz-Pinto
Council Liaison
Theresa Sherman
President
Dave Marino
Vice-President
Rick Vander Wende
Treasurer
Bill Smithuysen
Recording Secretary/Mayor’s Alternate
Don Sciolaro
Corresponding Secretary
Jo Ann Mitchell
Superintendent’s Alternate
Heather Del Piano
Trustee
Anita Bozzo
Dave Fytelson
Ron Porto
Planning Board
Zoning Board
Members
Tom Giordano - Class I, Mayor
Paul Schatz - Class III
Joseph Mysliwiec - Class II
Frank Walsh - Class IV, Chair
Mark Ramundo - Class IV, Vice Chair
Paul Posillico - Class IV
Joseph Oravetz - Class IV
Adele Badalamenti - Class IV
Dan Wagnes - Class IV
Alternate #1
Stan Kowalski
Alternate #2
John Vervoort
Secretary
Joyce Sinclair
Attorney
Clifford Singer
Engineer
Boswell Engineering
Planner
Paul Phillips & Paul Grygiel
Chairman
Jesus Mones
Vice-Chairman
Brian Walsh
Member
Ken Gurian
Stan Wekarski
Nadia Luppino
Ted Sanzo
Marty Nieman
Alternate #1
Richard Cericola
Alternate #2
Phil Centineo
Secretary
Joyce Sinclair
Attorney
John D’Anton
28
Stigma Free Committee
Access for All Committee
Mayor
Thomas Giordano
Council Liaison
Thomas Giordano
Members
Lt. Thomas Dowling
Gabriella Fink
Pete Flatten
Andrea Hused
Brian Mackey
Tami Moses
Pastor Cha
Keri Tone
Dana White
Chairperson
Deborah Dellavechia
Members
Daniel Spreen
Karen Macleod
Regina Flanagan
Detective T.J. Palaia (Liaison PD)
Members – exp December 31, 2024
Mary Beth Nappi (Liaison WBOE)
Thomas Lavin
Members – exp December 31, 2025
Jim Laughlin
Angela Smith
Cristina Colacci, Secretary
Council Liaison
Theresa Sherman
Environmental Advisory
Committee
Green Team – Subcommittee of
Environmental Advisory Committee
Executive Director
Mark Ramundo
Members
Dr. Raina Parvanov-Dawson
Mohammad Quamrul Ahsan
David Isaacs
David Zilkowski
Joe Oravetz
Dan Montella
Council Liaison
Paul Schatz
Mark Ramundo, Executive Director
Paul Schatz, Council Liaison
Debbie Burke
Katie Cericola
Cassie Hartmann
Helga Hauksdottir
Wendy Klein
Stanley M. Kowalski
Louis Manuppelli
Bianca Marosi
Anthony Paradiso
Paul Posillico
Michael Ritchie
John Vervoort
Michele Weber
Brian Ix
Lean Ix
Daniel T. Montella
Dr. George Reskakis
--- Document: Employee Handbook ---
Borough of Waldwick
Employee Handbook
Adopted November 23, 2021
EMPLOYEE HANDBOOK
DISCLAIMER
The purpose of this Handbook is to acquaint employees with his/her employment for the
Borough of Waldwick (Employer). The policies and practices contained in this Handbook are
only guidelines and maybe canceled or changed by the Employer at any time with or without
notice. This Handbook is not intended to nor does it create an employment contract between the
Employer and any of its employees.
THIS HANDBOOK IS NOT A CONTRACT OF EMPLOYMENT.
Except as otherwise provided by a collective bargaining agreement or
applicable law, all employees are employees at-will. This means that any employee
may voluntarily terminate his/her employment at any time, for any reason. It also
means that the Employer may terminate any employee's employment at any time,
with or without good cause. Nothing contained in this Handbook constitutes a
contractual right, express or implied. No provision contained in this Handbook or
any other policy or procedure may be changed by any oral statement but must be in
writing signed by an authorized representative of the Employer.
The Employer retains all rights to discharge or discipline employees. As an employee of
the Employer, you agree to conform to all applicable policies, procedures, rules, regulations,
statutes and collective bargaining agreements.
This Handbook is not meant to affect, or to be a comprehensive description of local, State
or federal statutes, rules or regulations, civil service, disciplinary procedures, employment
benefits, workers' compensation, leaves from employment, employee compensation, the policies,
practices and procedures of the Employer, or collective bargaining. Employees' rights and
responsibilities are always governed by existing law and any applicable collective bargaining
agreement or established past practice. Nothing in this Handbook provides legal rights in
addition to those, if any, provided to employees under local, State or federal statutes, rules,
regulations, collective bargaining agreements or established past practice. If any part of this
Handbook conflicts with local, State or federal statutes, rules, regulations, executive orders, a
collective bargaining agreement or established past practice, the part of the Handbook which
conflicts with a local, State or federal statute, rule, regulation, executive orders, collective
bargaining agreement or established past practice will be null and void as it applies to the
affected group of employees. Likewise, if at any time, any local, State or federal statutes, rules,
regulations or collective bargaining agreement should be amended, this Handbook will be
deemed to have been likewise amended, even though actual changes to the Handbook have not
been made.
The Employer recognizes that many of its employees' terms and conditions of
employment are governed by collective bargaining agreements and established past practices.
This Handbook does not supersede or affect any term or condition of employment that may exist
in any collective bargaining agreement or that may have been established through past practice.
If any part of this Handbook conflicts with any term or condition of employment expressly set
forth in a bargaining negotiations agreement or established through past practice, that part of the
Handbook will be null and void as it applies to the affected group of employees.
In the event of a declared State of Emergency or otherwise, if any local, State or Federal
statute, rule, regulation or Executive Order temporarily amends, alters, suspends or discharges
any of the terms set forth in this Employee Handbook, the terms and provisions herein shall be
similarly temporarily amended, altered, suspended and or discharged, without the need for
formal written amendment of this Employee Handbook.
Unclassified Employees - N.J.S.A. 11A:3-5 provides that incumbents in an unclassified
title serve for a fixed term or at the pleasure of the appointing authority. The laws and
regulations which apply to Career Service employees, also known as Civil Service employees,
do not apply to unclassified employees. The portions of this Handbook which refer to the rules
promulgated by the New Jersey State Civil Service Commission, N.J.A.C. 4A:1-1 et seq., do not
apply to unclassified employees. However, all other local, State or federal statutes, rules and
regulations referred to in this Handbook do apply to unclassified employees.
Employees in Collective Bargaining Units - Many employees have job titles where the
terms and conditions of employment are governed by a collective bargaining agreement between
the Employer and the recognized collective bargaining unit(s). If an employee’s job title is part
of a recognized bargaining unit, the employee should always consult his/her collective
bargaining agreement and the Civil Service laws and regulations, if applicable.
Non-Contractual Employees - An employee whose job title is not the subject of a
collective bargaining agreement should consult any applicable local, State or Federal statutes,
rules and regulations.
Elected Officials – Officials elected pursuant to N.J.S.A 40A:60-1 et. seq., which
includes the Mayor and Council, are considered Non-Contractual Employees for the purposes of
this Handbook.
Volunteers - Many of the policies in this Handbook shall also apply in equal force to
volunteers of the Employer, including the Fire Department, Ambulance Corps, Community
Emergency Response Team, boards, and commissions.
This Handbook shall apply to all employees of the Employer, including part-time,
seasonal and/or temporary employees.
When changes are made to this Handbook, the Employer will make any corresponding
changes to the Personnel Manual that are necessary so that the Manual and Handbook do not
conflict.
All employees will be notified when any material changes are made to the policies
contained in this Handbook.
TABLE OF CONTENTS
I.
ANTI-DISCRIMINATION POLICIES ............................................................................... 1
A. Equal Opportunity ................................................................................................................ 1
B. Americans with Disabilities Act .......................................................................................... 1
C. “Whistleblower” Policy ....................................................................................................... 1
II.
ANTI-HARASSMENT POLICY ........................................................................................ 2
III. NEW JERSEY CIVIL SERVICE COMMISSION ............................................................. 4
A. Classification........................................................................................................................ 5
B. Employee Definitions .......................................................................................................... 5
C. Employment/Promotional Examinations ............................................................................. 6
IV. CONDUCT OF EMPLOYEES............................................................................................ 6
A. Ethical Conduct .................................................................................................................... 6
B. Political Activity .................................................................................................................. 7
V.
CONDITIONS OF EMPLOYMENT .................................................................................. 8
A. Job Description Policy ......................................................................................................... 8
B. Hours of Work ..................................................................................................................... 8
C. Attendance and Tardiness .................................................................................................... 9
D. Inclement Weather Policy .................................................................................................. 10
E. Job Performance Evaluations ............................................................................................. 10
F. Resignation ........................................................................................................................ 10
G. Personnel Records .............................................................................................................. 10
H. Appearance Policy ............................................................................................................. 11
I. Vehicle Use Policy ............................................................................................................. 11
J. Computer Usage................................................................................................................. 11
K. Social Networking Policy .................................................................................................. 12
VI. DRUG- AND ALCOHOL-FREE WORKPLACE POLICY ............................................. 13
VII. COMPENSATION AND BENEFITS ............................................................................... 13
A. Payroll Policy ..................................................................................................................... 13
B. Overtime Policy ................................................................................................................. 14
C. Health and Medical Benefits Policy .................................................................................. 14
D. Retirement Policy............................................................................................................... 15
VIII. PAID AND UNPAID LEAVE ......................................................................................... 15
A. Paid Holiday Leave ............................................................................................................ 16
B. Sick Leave .......................................................................................................................... 16
C. Earned Sick Leave Law ..................................................................................................... 17
D. Vacation Leave .................................................................................................................. 18
E. Personal Days..................................................................................................................... 18
F. Bereavement Leave ............................................................................................................ 19
G. Terminal Leave .................................................................................................................. 19
H. Family and Medical Leave ................................................................................................. 19
I. Domestic Violence Leave .................................................................................................. 23
J. Military Leave .................................................................................................................... 24
K. Jury Duty ............................................................................................................................ 24
L. Leaves Without Pay ........................................................................................................... 24
IX. WORKERS’ COMPENSATION ...................................................................................... 25
X.
DOMESTIC VIOLENCE POLICY ................................................................................... 26
XI. PROTECTION AND SAFE TREATMENT OF MINORS .............................................. 26
XII. EMPLOYMENT PROCEDURES ..................................................................................... 26
A. Hiring Process……………….……………………………………………………………26
B. Open Public Meetings Act Procedure Concerning Personnel Matters……........……….. 28
C.Processing and Orientation of New Employees Procedure…………………….…………28
D. Initial Employment Period Procedure……………………………………………….…...28
XIII. DISCIPLINARY PROCEDURE………………………………………………….……29
XIV. COMPLAINT PROCEDURE……………………………………………………….....31
XV. ACKNOWLEDGMENT OF RECEIPT OF EMPLOYEE HANDBOOK……….……..32
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I. ANTI-DISCRIMINATION POLICIES
A. Equal Opportunity
The Employer is committed to providing equal opportunity through its employment
practices and through the many activities, programs, and services it provides to the community.
The Employer will make all personnel decisions without regard to race, creed, color, national
origin, ancestry, religion, age, marital status, civil union status, domestic partnership status,
affectional or sexual orientation, familial status, genetic information, sex, gender identity or
expression, disability (including perceived disability, physical, mental, and/or intellectual
disabilities, AIDS or HIV infection), pregnancy, childbirth, breastfeeding, political affiliation (to
the extent protected by law), atypical hereditary cellular or blood trait, or because of the liability
for service in the Armed Forces of the United States, veteran status, citizenship status, or any
other group status protected by law, unless required by a bona fide occupational qualification.
The Employer will ensure that personnel decisions are made in accordance with
principles of Equal Employment Opportunity by imposing only nondiscriminatory job
requirements. The Employer will not discriminate with regard to any term, condition or
privilege of employment, including compensation. Employer-sponsored training, education,
tuition assistance, and social and recreation programs will be administered without
discrimination. The Borough Administrator serves as the Affirmative Action Officer (“AAO”),
who is assigned overall responsibility of the Affirmative Action Program. Any employee or
applicant with a question or grievance should contact the Affirmative Action Officer.
B. Americans with Disabilities Act
In compliance with the Americans with Disabilities Act (“ADA”), the ADA
Amendments, and the New Jersey Law Against Discrimination (“NJLAD”), the Employer does
not discriminate based on disability. The Employer will endeavor to make every work
environment handicap accessible and consider reasonable accommodations, when appropriate.
Future construction and renovation of facilities will be in accordance with the ADA Accessibility
Guidelines, as well as the ADA Amendments Act.
C. “Whistleblower” Policy
Under the New Jersey Conscientious Employee Protection Act (“CEPA”), N.J.S.A.
34:19-1, it is unlawful for an employer to discharge, suspend, demote, or take other action
against an employee because they disclose a policy or practice they reasonably believe is a
violation of law, rule, or regulation pursuant to law. CEPA also protects employees who provide
information to a public body conducting an investigation into a violation of a law or rule, or if an
employee refuses to participate in any activity that the employee believes is in violation of a law,
is fraudulent or criminal, or is against public policy concerning public health, safety or welfare.
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Reprisals against anyone who makes a complaint under this policy will not be tolerated and
violators of the policy will be subject to discipline, up to and including termination, and may be
subject to any other liability authorized under applicable law.
II. ANTI-HARASSMENT POLICY
The Employer has committed to a workplace free from harassment that is based on race,
creed, color, religion, sex, gender identity or expression, national origin, ancestry, age, marital
status, civil union status, domestic partnership status, affectional or sexual orientation, familial
status, genetic information, disability (including perceived disability, physical, mental, and/or
intellectual disabilities, AIDS or HIV infection), pregnancy, childbirth, breastfeeding, political
affiliation (to the extent protected by law), atypical hereditary cellular or blood trait, or because
of the liability for service in the Armed Forces of the United States, veteran status, citizenship
status or any other group status protected by law. Any such harassment is a violation of federal
and State anti-discrimination laws and will not be tolerated by the Employer. This policy applies
to all employees as well as to any individuals who may come in contact with employees.
Reprisals against anyone who makes a complaint under this policy will not be tolerated and
violators of the policy will be subject to discipline, up to and including termination, and may be
subject to any other liability authorized under applicable law.
Additionally, it is a violation of this policy to engage in sexual (or gender-based)
harassment of any kind, including hostile work environment harassment, quid pro quo
harassment, or same-sex harassment. For the purposes of this policy, sexual harassment is
defined, as in the Equal Employment Opportunity Commission Guidelines, as unwelcomed
sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual
nature when, for example,
Submission to such conduct is made either explicitly or implicitly a term or condition of
an individual's employment;
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 working environment.
Examples of prohibited behaviors that may constitute sexual harassment and are therefore
a violation of this policy include, but are not limited to:
1. Generalized gender-based remarks and comments;
2. Unwanted physical contact such as intentional touching, grabbing, pinching, brushing
against another's body or impeding or blocking movement;
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3. Verbal, written or electronic sexually suggestive or obscene comments, jokes or
propositions including letters, notes, e-mails, text messages, invitations, gestures or
inappropriate comments about a person’s clothing;
4. Visual contact, such as leering or staring at another's body; gesturing; displaying sexually
suggestive objects, cartoons, posters, magazines or pictures of scantily-clad individuals;
or displaying sexually suggestive material on a bulletin board, on a locker room wall, or
on a screen saver;
5. Explicit or implicit suggestions of sex by a supervisor or manager in return for a
favorable employment action such as hiring, compensation, promotion, or retention;
6. Suggesting or implying that failure to accept a request for a date or sex would result in an
adverse employment consequence with respect to any employment practice such as
performance evaluation or promotional opportunity; or
7. Continuing to engage in certain behaviors of a sexual nature after an objection has been
raised by the target of such inappropriate behavior.
Any employee found to have violated any portion or portions of this policy may be
subject to appropriate administrative and/or disciplinary action which may include, but which
shall not be limited to: referral for training, referral for counseling, written or verbal reprimand,
suspension, reassignment, demotion or termination of employment. Referral to another
appropriate authority for review for possible violation of federal and State statutes may also be
appropriate.
Employee Responsibilities – The Employer cannot address or correct harassing conduct
that it is not aware of. Any employee who believes that he/she has been subjected to any form of
prohibited discrimination/harassment, or who witnesses others being subjected to such
discrimination/harassment, or otherwise has knowledge of others being subjected to such
discrimination/harassment is expected to promptly report the incident(s) to a supervisor or
directly to the Employer’s Chief Administrative Officer/Affirmative Action Officer, the Borough
Attorney or to any other management representative which he or she feels most comfortable to
relay the problem. Employees are encouraged to utilize the attached Harassment Complaint
Form.
All employees are expected to cooperate with investigations undertaken pursuant to this
section. Failure to cooperate in an investigation may result in administrative and/or disciplinary
action, up to and including termination of employment.
Supervisor Responsibilities – Supervisors shall make every effort to maintain a work
environment that is free from any form of prohibited discrimination/harassment. Supervisors
shall immediately refer allegations of prohibited discrimination/harassment to the Employer’s
Chief Administrative Officer/Affirmative Action Officer or the Borough Attorney. A
4
supervisor’s failure to comply with these requirements may result in administrative and/or
disciplinary action, up to and including termination of employment.
For purposes of this section, a “supervisor” is defined broadly to include any manager
and/or other individual who has authority to control the work environment of any other staff
member.
Investigation of Complaints – Any complaint made under this section shall be
investigated by the Employer in a manner consistent with the New Jersey State Model
Procedures for Internal Complaints Alleging Discrimination in the Workplace. Additionally, all
complaints and investigations shall be handled, to the extent possible, in a manner that will
protect the privacy interests of those involved. To the extent practical and appropriate under the
circumstances, confidentiality shall be maintained throughout the investigatory process. In the
course of an investigation, it may be necessary to discuss the claims with the person(s) against
whom the complaint was filed and other persons who may have relevant knowledge or who have
a legitimate need to know about the matter. All persons interviewed, including witnesses, shall
be directed not to discuss any aspect of the investigation with others in light of the important
privacy interests of all concerned. Failure to comply with this confidentiality directive may result
in administrative and/or disciplinary action, up to and including termination of employment.
Contact Information
1. Chief Administrative Officer / Affirmative Action Officer
Borough Administrator
Patrick Wherry
pwherry@waldwicknj.org
201-652-5300 x227
2. Borough Attorney
Craig Bossong, Esq.
FPSCT&T LLC
cbossong@floriolaw.com
201-843-5858
III.
NEW JERSEY CIVIL SERVICE COMMISSION
Individuals employed by the Employer fall within the jurisdiction of the New Jersey Civil
Service Commission (“CSC”), which regulates employment within State, County, and Municipal
governments through a merit system. As an employee of the Employer, you are subject to the
rules and regulations of the CSC.
5
A. Classification
Individuals employed by the Employer fall within either “classified” or “unclassified”
service.
“Classified” employees may be either full or part-time, temporary, provisional or
permanent. The classified service is divided into competitive and non-competitive. The
competitive division includes all positions which require special skills. Those in the competitive
division are subject to examinations given under the auspices of the CSC.
“Unclassified” employees are those elected by popular vote, appointees of the governing
body, Department Heads and/or employees for whom the statutes of the State of New Jersey
prescribe fixed terms. These employees are not technically subject to the provisions of the CSC.
However, the Employer’s policy is to grant unclassified employees essentially the same fringe
benefits and procedural rights as their counterparts in the classified service. For any questions as
to which fringe benefits apply to unclassified employees, the Borough Administrator should be
contacted.
B. Employee Definitions
1. Provisional Employee – Pending the establishment of a list of eligibles, a vacancy may be
filled by a provisional employee. Such appointment shall continue only until the CSC
promulgates an appropriate list. A provisional employee may be terminated at any time
with or without cause.
2. Intermittent Employee – Intermittent employees are those who are hired, in titles and
departments specified by CSC, in the career service where work responsibilities are
characterized by unpredictable work schedules, and which do not meet the normal criteria
for regular, year-round, full-time, part-time assignments. Intermittent employees are not
eligible for health benefits.
3. Permanent Employee – Permanent Employees are those who have passed an open
competitive examination or promotional examination, have received certification, have
been appointed, and have satisfactorily completed the required working test period.
4. Temporary Employee (T-120) – Temporary employees are those who are hired for a
limited period not to exceed an aggregate of six (6) months within a twelve (12) month
period. Temporary employees are not eligible for benefits. A temporary employee may
be terminated at any time with or without cause.
5. Temporary Interim Employee – Temporary interim employees are those who replace
permanent employees on an approved leave of absence. A temporary interim employee
may be terminated at any time with or without cause.
6
6. Seasonal Employee – Seasonal employees are those appointed to a temporary position
which may be of a seasonal nature for a period not to exceed three (3) months in any
twelve (12) month period. Seasonal employees are not eligible for benefits. A seasonal
employee may be terminated at any time with or without cause.
7. Probationary Employee – A probationary employee is one who is serving a working test
period.
8. Volunteer – Volunteers of the Employer, including the Fire Department, Ambulance
Corps, Community Emergency Response Team, boards, and commissions.
C. Employment/Promotional Examinations
Pursuant to N.J.A.C. 4A:1-1 et seq., CSC examinations may be written, oral or an
evaluation based on education, training and experience. CSC examinations may be either open
competitive or promotional depending upon the circumstances involved. In either case, a
certified list will result. To be eligible for an open competitive examination, you must meet the
qualifications established by the CSC at the time of filing. Preference in open competitive
certification and appointment is given to those who successfully pass examinations in the
following order: (i) disabled veteran; (ii) veteran; and (iii) non-veteran.
Promotional examinations are competitive and only open to qualified employees within
the department where the promotional opportunity exists. To compete in a promotional
examination and to be eligible for promotion, you must have permanent employment status and
meet the specific qualifications established by the CSC, as described in the individual
Promotional Announcement.
Probationary Period – Employees in all divisions of the classified service must serve a
working test period after regular appointment as delineated by the CSC. This probationary
period enables the Department Head to evaluate the new employee’s conduct and work
performance before permanent status is achieved.
IV.
CONDUCT OF EMPLOYEES
A. Ethical Conduct
Pursuant to the provisions of the Local Government Ethics Law:
1. No employee or member of his or her immediate family will have an interest in a
business organization or engage in any business, transaction or professional activity,
which is in substantial conflict with the proper discharge of his or her duties in the public
interest.
2. No employee should use or attempt to use his or her official position to secure
unwarranted privileges or advantages for him or herself or others.
7
3. No employee should act in his or her official capacity in any matter wherein he or she, a
member of his or her immediate family, or business organization in which he or she has
an interest, has a direct or indirect personal or financial interest that might reasonably be
expected to impair his or her objectivity or independence of judgment.
4. No employee should undertake any employment or service, whether compensated or not,
which might reasonably be expected to prejudice his or her independence of judgment in
the exercise of his or her official duties.
5. No employee, member of his or her immediate family, or business organization in which
he or she has an interest, should solicit or accept any gift, favor, loan, political
contribution, service, promise of future employment, or other thing of value based upon
an understanding that the gift, favor, loan contribution, service, promise or other thing of
value was given or offered for the purpose of influencing him or her directly or indirectly
in the discharge of his or her official duties.
6. No employee will use, or allow to be used, his or her public employment, or any
information, not generally available to members of the public, which he or she receives or
acquires in the course of and by reason of his or her employment, for the purpose of
securing financial gain for himself or herself, any member of his or her immediate family,
or any business organization with which he or she is associated.
7. No employee or business organization in which he or she has an interest will represent
any person or party other than the Employer in connection with any cause, proceeding,
application or other matter pending before any agency in the local government in which
he or she serves. An employee or members of his or her immediate family may represent
himself or herself in proceedings concerning the employee's own interests.
B. Political Activity
Pursuant to New Jersey law governing elections, no holder of a public office or position
will demand payment or contribution from another holder of a public office or position for the
campaign purpose of any candidate or for the use of any political party.
No person holding a position in the Career Service as defined in N.J.A.C. 4A:1-1.3 will
directly or indirectly use or seek to use his or her position to control or affect the political action
of another person or engage in political activity during working hours, in accordance with
N.J.A.C. 4A:10-1.2. No employee in the Career Service or Unclassified Service as defined in
N.J.A.C. 4A:1-1.3 whose principal employment is in connection with a program financed in
whole or in part by Federal funds or loans, will engage in any of the following prohibited
activities under the “Hatch Act”:
1. Using official authority or influence for the purpose of interfering with or affecting the
result of an election or a nomination for office;
8
2. Directly or indirectly coercing, attempting to coerce, commanding or advising an officer
or employee to pay, lend, or contribute anything of value to a party, committee,
organization, agency, or person for political purposes; or
3. Being a candidate for public office in a partisan election.
The Hatch Act, 5 U.S.C. 1501 et seq., is enforced by the Special Counsel of the United
States Merit System Protection Board. Department Heads or supervisors can advise an employee
if his/her position is federally-funded.
Nothing in this policy shall be construed as restricting employees from engaging in
lawful, political activity while outside of working hours and outside of their official job duties.
V.
CONDITIONS OF EMPLOYMENT
A. Job Description Policy
A job description, including qualifications, shall be maintained for each position,
pursuant to the CSC. A copy of an employee’s job description shall be made available upon
request.
B. Hours of Work
The Administration Building Offices of the Borough of Waldwick are open for the
conduct of municipal affairs daily from 8:30 AM to 4:00 PM Monday through Friday each week,
except in the case of authorized legal holidays approved by the Borough Council.
All employees are expected to be at work and ready to assume their duties at the
beginning of the scheduled workday. Lateness and absence will be tolerated only in emergencies
or when the supervisor gives prior approval. All absences must be reported to the supervisor
prior to the start of the normal workday. The normal working hours for administrative
departments are 8:30 AM to 4:00 PM. In an emergency, the department heads may vary starting
and quitting times as required. Unless otherwise specified, the normal workweek for all full-time
employees, except uniformed police officers and public safety telecommunicators, consists of
five (5) consecutive days, Monday through Friday.
In addition to the times specified above, the Tax office and the Borough Clerk's office
shall be open Tuesday evenings from 4:00 PM to 7:00 PM. Staffing for this period will be one
individual from each area and it shall be alternated amongst the total department's personnel,
with that individual reporting for work at 11:30 AM and working until 7:00 PM. The Building
Department shall be open Tuesday evenings from 6:00 PM to 8:00 PM. The Assessor’s Office
shall be open, by appointment, Tuesday evenings from 4:00 PM to 7:00 PM and be staffed by the
Assessor.
9
The Building Sub-code/Zoning/Property Maintenance Official shall work 7:00 AM to
2:30 PM. They shall also have hours Tuesday evenings from 6:00 PM to 8:00 PM. In addition to
the hours specified above, this official shall also attend all Board of Adjustment and Planning
Board meetings and all court sessions in which they are a party on behalf of the Borough at no
additional compensation.
All police personnel (uniformed and public safety telecommunicators) will be required to
work rotating twelve-hour shifts. These shifts are illustrated in the Police Department Manual
given to all members of the Department.
All employees are entitled to a half-hour lunch break, scheduled by the supervisor.
Administrative personnel lunches must be scheduled so that offices continue to function. All
lunch periods shall be unpaid.
All employees are entitled to a 15-minute break in the morning and in the afternoon.
Administrative personnel must arrange breaks so that offices continue to function. Breaks for
other employees will be scheduled by the supervisor.
Each department head will maintain a daily log in which attendance records will be kept.
Absences from posts of duty for purposes of the conduct of official Borough business shall be so
reported to the department head. If the department head plans an absence, the department head
must notify the Borough Administrator of the absence. Accurate and complete attendance
records will be maintained by each department head or the person in charge of each department
or office who will certify to the accuracy of the time report or record. These reports or records
will be filed at the beginning of each month with the Borough Administrator. Daily attendance
records will include notations of employees authorized absences and vacations.
The Borough Administrator must authorize changes in the hours of any Borough
Department in advance.
C. Attendance and Tardiness
Regular and timely attendance of all employees is essential to ensure that each
Department operates at maximum efficiency. When an employee becomes aware that he or she
will not be able to report to work or will be late, the employee’s immediate supervisor must be
advised in accordance with their Department’s policy and shall, in no circumstances, be less than
fifteen (15) minutes prior to the scheduled starting time.
Repeated or chronic absenteeism, lateness, and/or falsification of time (including misuse
and/or fraudulent use of time capturing devices) shall be grounds for disciplinary action up to
and including removal from employment.
10
D. Inclement Weather Policy
Absent a “state of emergency” as declared by the Governor of the State of New Jersey,
all employees are expected to report to work every day as scheduled, regardless of weather
conditions. Notwithstanding, in the event of unsafe conditions, the Employer may authorize
adjustments to any departments start or end time. If an employee chooses not to report for work
due to inclement weather conditions, he or she may utilize accumulated compensatory time, a
vacation day, and/or a personal day. This provision does not apply to personnel who may be
required to assist in an emergency, or otherwise designated “essential personnel.”
E. Job Performance Evaluations
Employees will be formally evaluated during the working test period (a part of the
examination process after regular appointment, during which time the work performance and
conduct of the employee is evaluated to determine if permanent status is merited) and once each
year thereafter. Upon completion of this evaluation, each employee shall be notified and will be
given the opportunity to review the evaluation and the development of performance objectives
with the supervisor and/or Department Head.
F. Resignation
Employees may resign in good standing by giving their immediate supervisor at least
fourteen (14) days advance written notice. The Employer may waive this requirement and
consent to a shorter notice. If an employee resigns without giving the required notice, he or she
will be considered to have resigned not in good standing.
Employees who resign will be notified by the Employer as to the status of various
employee benefits. At times, an exit interview may be held.
G. Personnel Records
The contents of individual employee personnel records are strictly confidential and will
be disclosed by the Employer only to the extent required by law. Any medical documentation is
confidential and shall be maintained in a separate file.
An employee may review the contents of his/her personnel file after first making an
appointment with his or her Department Head. Employees or personnel authorized by
employees requesting a copy of their personnel file will be charged the current established fee
for photocopies. Additionally, all inquiries and written requests for references or employment
verification from current or former employees, prospective employers of current or former
employees, governmental agencies, or other organizations such as a financial or lending
institution, should be directed to the employee’s Department Head. In a response to a request for
information, the Employer will only verify an employee’s name, dates of employment, job title,
department, status, and salary. No other data or information will be furnished unless: (i) the
Employer is required to release the information by law; or (ii) the employee or former employee
11
authorizes the Employer, in writing, to furnish this information and releases the Employer from
liability.
H. Appearance Policy
Employees are expected to present themselves in a neat, business-like manner and shall
dress appropriately for the work they perform. At the discretion of the Employer, individual
Departments may implement specific dress code requirements. Uniforms, where required, shall
be worn in accordance with applicable departmental standards. Employees violating this policy
shall be required to take corrective action, or will be sent home without pay.
I. Vehicle Use Policy
Employer vehicles are assigned to employees for use during the performance of official
Employer business only. Any employee who utilizes an Employer-assigned vehicle for personal
use may be subject to disciplinary action. Additionally, the employee to whom a vehicle is
assigned is the party responsible for its security and maintaining it in a safe operating condition.
Vehicles may only be taken home with the advance approval of the Employer.
Driver’s License Policy - Any employee whose work requires the operation of an
Employer-assigned vehicle, or the operation of their own vehicle for Employer business, must
hold a valid New Jersey State Driver’s License. Such employees shall be required to submit to a
driving records check by the New Jersey Motor Vehicle Commission as a condition of
employment. Periodic checks of employees’ drivers’ licenses will also be made.
Drivers are required to notify their immediate supervisor in those cases where a license is
expired, suspended, or revoked for any reason. Failure to report such an instance subjects the
employee to disciplinary action, up to and including termination. Any employee who does not
hold a valid New Jersey Driver’s License shall not be allowed to operate an Employer-assigned
vehicle until such time as a valid license is obtained.
Employees who drive their own vehicle for Employer business must provide the
Employer with a copy of their vehicle’s current Certificate of Insurance evidencing liability
limits of $100,000 Combined Single Limit (CSL) or $100,000/$300,000/$50/000 split limit.
J. Computer Usage
In order to provide a viable data and communication system for the Employer that
supports the needs of all departments, security and confidentiality of the information must not be
compromised. Security is a major concern throughout every office of the Employer and its
employees. This provision shall apply to the day-to-day operations of all the Employer’s
information and technology equipment, as well as mobile or portable units. Although this policy
comprehensively addresses current security concerns, impending and future system
developments may require additional security considerations.
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Every employee must be cognizant of the potential for civil liability inherent in the
dissemination of information obtained through the Employer’s information systems. The
Employer reserves the right to prosecute, in a civil or criminal manner, as well as discipline in
accordance with the Employer’s rules and regulations, any employee who violates any section of
this provision.
The Employer shall have the express right to access any electronic information device
utilizing any administrative or user password for the purpose of troubleshooting, supporting or
maintaining the computer network or while investigating an incident or violation of this policy.
All electronic information devices, their contents, e-mail or electronic correspondence
originating from or arriving on a device owned or authorized on the Employer’s computer
network, is the property of the Employer and is subject to entry and inspection without notice.
Any data or information created or stored on the Employer’s computer network becomes the sole
property of the Employer. Ownership of said data is forfeited and all rights to ownership are
surrendered to the Employer.
In order to ensure that the Employer’s electronic network is being used only for
legitimate business purposes, the Employer reserves the right to enter or search any computer
file, the e-mail system, and/or monitor computer and e-mail use. Accordingly, no employee
should have any reasonable expectation of privacy regarding their use of the Employer’s
computer or when utilizing the Employer’s computer network, including, but not limited to,
electronic mail. All such documents or information may be subject to the provisions of the Open
Public Records Act (“OPRA”), N.J.S.A. 47:1A-1 et seq.
Further, Employer business which is conducted by an employee on his or her personal
computer or device is subject to this policy and may be subject to the provisions of OPRA.
K. Social Networking Policy
For purposes of this policy, a social network is defined as a site that uses internet services
to allow individuals to construct a profile within that system, define a list of others users with
whom they share some connection, and view and access their list of connections and those made
by others within that system. The type of network and its design vary from site to site.
Examples of the types of internet based social networking activities include: blogging,
networking, photo sharing, video sharing, microblogging, podcasting, as well as posting
comments on the sites. The absence of, or lack of explicit reference to a specific site or activity
does not limit the extent of the application of this provision.
The use of the internet and social networking sites, including but not limited to Snapchat,
Facebook, and Twitter, is a popular activity; however, employees must be mindful of the
negative impact of inappropriate or unauthorized postings upon the Employer and its relationship
with the community. This provision identifies prohibited activities by employees on the internet
where posted information is accessible to members of the general public, including, but not
limited to, public postings on social networking sites.
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Specifically, the Employer reserves the right to investigate postings, private or public,
that violate workplace rules, such as the prohibition of sexual harassment and other
discriminatory conduct, where such postings lawfully are made available to the Employer by
other employees or third parties. Employees should use common sense in all communications,
particularly on a website or social networking site accessible to anyone. If you would not be
comfortable with your supervisor, coworkers, or the management team reading your words, you
should not write them.
Be advised that employees can be disciplined for commentary, content, or images that are
defamatory, pornographic, proprietary, harassing, libelous, or that can create a hostile work
environment. You can also be sued by agency employees or any individual who views your
commentary, content, or images as defamatory, pornographic, proprietary, harassing, libelous or
creating a hostile work environment. What you say or post on your site or what is said or posted
on your site by others could potentially be grounds for disciplinary action, up to and including
termination. However, nothing in this social networking policy is designed to interfere with,
restrain, or prevent social media communications during non-working hours by employees
engaging in protected concerted activities regarding wages, hours, or other terms and conditions
of employment pursuant to the New Jersey Employer-Employee Relations Act or to prevent
communications which are protected by the First Amendment freedom of speech clause, unless
such communications are made as part of the employees’ official job duties.
VI.
DRUG- AND ALCOHOL-FREE WORKPLACE POLICY
The possession or use of unlawful drugs and the abuse of alcohol pose a threat to the
health and safety of all employees. To that end, the Employer has adopted a Drug and Alcohol
Free Workplace Policy and all employees are subject to the rules and regulations set forth in that
policy. Specifically, the manufacturing, distribution, dispensing, and/or use of alcohol or
unlawful drugs on the Employer’s premises, or during work hours, by employees is strictly
prohibited.
Any employee who is observed by a supervisor or Department Head to be intoxicated or
under the influence of alcohol and drugs during working hours, or is under reasonable suspicion
of same, shall be immediately tested and is subject to discipline, up to and including termination.
Employees who are required to maintain a Commercial Driver’s License (“CDL”) are subject to
random drug testing as required by the federal government. Refusal to submit to testing when
requested may result in immediate disciplinary action, including termination.
The full Drug and Alcohol Free Workplace Policy and the CDL Drug and Alcohol
Testing Policy are both available for review in the Employer’s Personnel Policies Manual.
VII.
COMPENSATION AND BENEFITS
A. Payroll Policy
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Salary ranges are established by ordinance, and the salary must fall within the minimum and
maximum ranges for the employee’s title. Employees are paid twice per month, with overtime
being paid as soon as possible. Employees who are going on vacation and would like their
checks in advance must make a written request at least two weeks in advance of the vacation.
The Borough of Waldwick will not accept responsibility for any employee’s personal
finances. The Borough of Waldwick will acknowledge judgments against an employee’s pay,
but will not act as a mediator between the employee and creditors.
B. Overtime Policy
Non-exempt employees may be eligible for overtime. Overtime is scheduled and
authorized by an employee’s Department Head and/or designated representative for hours
worked in excess of forty (40) within a workweek. If an employee is required to work overtime,
the employee may be compensated by pay or by compensatory time, in accordance with the
applicable collective bargaining agreements and applicable statutes. All scheduled overtime
must be approved in advance by the employee’s Department Head or designee.
Non-exempt employees may be eligible for compensatory time off for hours worked
beyond their normal workday in lieu of overtime, upon request and with prior approval from
their respective department head. All compensatory time shall be in compliance with the Fair
Labor Standards Act. Employees must make a request to their supervisor at least two days in
advance when they want to take compensating time off in lieu of overtime pay. The supervisor
will approve the request if the absence does not cause undue hardship to the department.
Previously scheduled vacation time and holiday time are considered time worked for purposes of
determining overtime compensation, but sick time and personal time are not.
Managerial employees, administrative employees, and professional employees are
considered exempt employees and are not legally eligible for compensatory time and/or or
overtime pay.
C. Health and Medical Benefits Policy
The Borough provides the following health and medical benefits for eligible Borough
employees, and their respective families. Elected officials do not receive health or medical
benefits.
Health coverage is provided by the New Jersey State Health Benefits Plan or its
equivalent. Employees will make an annual contribution towards the cost of their health benefits
based upon the formula contained in P.L. 2011 c. 78. The Borough offers a health care waiver
option in accordance with Chapter 259, PL 1995 and Chapter 189, Pl 2001 for eligible
employees who exercised that option prior to the passage of P.L. 2010 c. 2. Those exercising the
option after the May 23, 2010 shall be governed by the regulations incorporated in P.L. 2010 c 2.
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In connection with health benefits, the employer may require employees to re-enroll on
an annual basis in order to verify proper coverage for employees and their eligible dependents.
Employees shall notify the Employer of any change in circumstances affecting their coverage,
e.g., birth, death, divorce, or a covered dependent reaching the age of twenty-six (26). The
Employer reserves the right to conduct a coverage audit to verify proper coverage for employees
and eligible dependents.
Dental health coverage is currently provided by Delta Dental Network. The employees
are required to pay $2.00 per pay for single coverage and $4.00 per pay for two-party or more
coverage.
The Borough offers all employees eligible for health benefits a Section 125 flexible
spending account through AFLAC funded entirely by payroll deduction. Enrollment into the
plan must be done during the annual enrollment period. The maximum annual contribution into
this plan is hereby established at $2,000.
D. Retirement Policy
Under State law, all employees must enroll in the New Jersey Public Retirement System,
the Police and Fire Fighters Retirement System, or the Defined Contribution Retirement Program
as applicable. The employee’s contribution to the Plan will be deducted from the employee’s
pay. An employee who has completed the required number of years and who has reached the
required age under the Plan may retire by notifying the Borough Administrator in writing. The
State retirement plans request six months advance notice to process the application. After giving
notice of retirement, employees are expected to assist their supervisor and co-employees by
providing information concerning their current projects and help in the training of a replacement.
The Supervisor will prepare an Employee Action form showing any pay or other money owed
the employee. The Borough Administrator will conduct a confidential exit interview to discuss
benefits including COBRA options, appropriate retirement issues and pay due. A COBRA
notification letter will be sent to the employee’s home address. The exit interview will also
include an open discussion with the employee. On the last day of work, and prior to receiving
the final paycheck, the employee must return the Employee Identification Card, all keys and
equipment. At this time, the employee will sign the termination memo designating all money
owed and this memo will be retained in the official personnel file.
VIII. PAID AND UNPAID LEAVE
Family leave, military leave, illness, intermittent, and other such leaves of absence shall
be granted in accordance with CSC rules and regulations, federal and State Laws/regulations,
collective bargaining agreements, and any other guidelines that may be established by the
Employer.
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A. Paid Holiday Leave
All eligible employees shall enjoy holidays with pay, to be observed on the dates
specified by the Employer, or as otherwise outlined in the applicable collective bargaining
agreement.
B. Sick Leave
A full-time non-contractual employee shall be entitled to 15 working days of paid sick
leave per year. Part-time non-contractual employees shall be entitled to a proportionate amount
of paid sick leave.
Sick leave shall be accrued as follows:
New employees shall receive one working day for the initial month of employment if
they begin work on the 1st through the 8th day of the calendar month, and one-half
working day if they begin on the 9th through the 23rd day of the month;
After the initial month of employment and up to the end of the first calendar year,
employees shall be credited with one working day for each month of service. Thereafter,
at the beginning of each calendar year in anticipation of continued employment,
employees shall be credited with 15 working days.
The sick leave allotment for Public Safety Telecommunicators shall be as described in
this section, with each earned working day still defined as eight hours in duration, even
though they work a twelve hour day.
Sick leave may only be used in cases where the employee is ill and unable to work, or in
cases of the serious illness of a family member or death in the employee’s immediate family, for
a reasonable period of time. Any employee who is absent on sick leave for five (5) or more
consecutive working days is required to produce a physician’s certificate of illness as evidence
substantiating the illness. The Employer also reserves the right to require proof of illness of an
employee on sick leave whenever such a requirement appears reasonable or warranted.
A medical certificate shall also indicate that, upon the employee’s return to work, he/she
is able to resume regularly assigned work duties. Sick leave will extend from the date at which
the employee’s physician certifies that the employee is unable to work due to the disabling
effects of the injury or illness until that date which the employee’s physician certifies that the
employee is able to resume work.
Requests for sick leave must contain both anticipated commencement and return to work
dates. These dates may be adjusted or extended upon application from the employee combined
with medical certification of necessity. The Employer reserves all rights to challenge any
application for sick leave and to require an employee to be examined by an Employer-designated
physician prior to the granting of sick leave or prior to permitting the employee to return to work.
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An employee on sick leave may not be permitted to return to work until such medical
certification is received by the Employer.
At the end of each calendar year, an employee’s unused sick time is added to the
allotment for the following year. Employees will not be paid for any unused sick leave, except
as expressly required by federal or State Laws, or an applicable collective bargaining agreement
or personnel policy.
C. Earned Sick Leave Law
For those employees who do not receive sick time pursuant to Civil Service laws or
regulations, or pursuant to any other law, rule, or regulation of this State, or who are not covered
under an applicable collective bargaining agreement, the following sick leave policy shall apply,
to the extent required by the New Jersey Earned Sick Leave Law:
For every 30 hours worked, an employee shall accrue one hour of sick leave. An
employee may accrue or use in any year, or carry forward from one year to the next, no more
than 40 hours of earned sick leave. However, an employee may not use more than 40 hours of
sick leave per benefit year.
The Employer permits an employee, pursuant to N.J.S.A. 34:11D-3(a), to use the earned
sick leave accrued for any of the following instances:
1. Time needed for diagnosis, care, or treatment of, or recovery from, the employee’s own
mental or physical illness, injury or other adverse health condition, or for preventive
medical care for the employee;
2. To aid or care for a family member during diagnosis, care, or treatment of, or recovery
from, the family member's mental or physical illness, injury or other adverse health
condition, or during preventive medical care for the family member;
3. If an employee or a family member are a victim of domestic or sexual violence, and are
obtaining services from a designated domestic violence agency or other victim services
organization, medical attention, legal services, counseling, or are relocating due to the
domestic or sexual violence;
4. Closure of an employee’s workplace, or of the school or place of care of an employee’s
child, due to an epidemic or public health emergency, or because of the issuance by a
public health authority of a determination that the presence of the employee or their
family member in the community would jeopardize the health of others; or
5. If an employee needs to attend a school-related conference, meeting, function or other
event requested or required by an administrator, teacher, or other professional school staff
member responsible for the education of the employee’s child, or to attend a meeting
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regarding care provided to the child in connection with the child’s health conditions or
disability.
In regard to the above, the Employer requires three (3) days’ notice for any foreseeable
use of leave. If the use of leave is unforeseeable, the employee should notify the Employer as
soon as practicable of their need to use same. Should an employee need to use three (3) or more
consecutive days of leave, said employee must provide the Employer with reasonable
documentation that the leave is being taken for one of the purposes permitted above. Reasonable
documentation shall be as defined in N.J.S.A. 34:11D-3(b).
An employee is eligible to use the earned sick leave beginning on the 120th calendar day
after the employee starts work. The employee may subsequently use earned sick leave as soon as
it is accrued. Employees will not be paid for any unused sick leave accrued under the New Jersey
Earned Sick Leave Law, except as expressly required by federal or State laws, or an applicable
collective bargaining agreement.
D. Vacation Leave
Vacation leave is granted in days to each full-time employee and shall accrue at a rate of
1 day per month of service in the initial year of employment. Leave for longer tenured
employees is outlined in the Personnel Policies Manual. Employees who are covered by a
collective bargaining agreement shall abide by the vacation schedule set forth within the
applicable agreement. All vacations must be approved by the employee’s supervisor in
accordance with established Employer guidelines.
Vacation days may not be accumulated for more than two (2) calendar years. Permanent
part-time employees earn vacation leave on a pro-rated basis. Temporary and seasonal
employees are not eligible for vacation leave benefits. Any unused vacation days carried
forward from one calendar year into the next must be used during the second year, or shall be
forfeited.
E. Personal Days
An employee may take personal leave for personal, business, or religious reasons. All
non-contractual full-time employees shall receive one (1) personal leave day after each
completed four (4) consecutive months of employment prior to the January 1 after their date of
hire. All full-time employees shall be granted three (3) personal leave days at the beginning of
each calendar year in anticipation of continued employment. Part-time, temporary and seasonal
employees are not eligible for personal leave benefits.
An employee must apply for personal leave to his/her supervisor, in writing. The
employee must provide the reason for the requested leave and apply for it as far in advance as
possible, but not less than seventy-two (72) hours prior to the leave. An employee may take
personal leave only if his/her supervisor or designee approves and grants the leave. No personal
leave will be applied for, approved, or granted immediately before or after any vacation period,
holiday period, or weekend, except under extraordinary circumstances.
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Employees must take personal leave in the calendar year in which it is earned. Personal
leave days cannot be accumulated from year to year. Any employee who exhausts all of his or
her personal leave in any one (1) year shall not be credited with additional paid personal leave
until the beginning of the next calendar year. An employee who has resigned, was dismissed or
has otherwise been separated from employment will not be paid for any unused personal time.
F. Bereavement Leave
All full-time employees shall have up to four (4) days paid leave in the event of the death
of a spouse, significant other, child, parent, stepchild, grandparent, brother, sister, brother-in-law,
sister-in-law, son-in-law, daughter-in-law, father-in-law, mother-in-law, grandchild, uncle or
aunt of the employee or any other member of the immediate household. One (1) day leave will
be given to attend the funeral services of a family member of the employee, not named above.
Permanent part-time employees are entitled to bereavement leave on a pro-rated basis.
Such leave will not be taken until the immediate supervisor is notified of the instance of
bereavement. The Employer may require proof of loss of a decedent whenever such requirement
appears reasonable. Bereavement leave is specifically provided to allow employees time to
make necessary arrangements and attend funeral services, and shall only be used for the
following reasons: (i) date of death; (ii) any day of viewing; (iii) date of interment; and (iv) day
of religious or memorial service. In no event shall any part of bereavement leave occur more
than fifteen (15) days from the date of death.
G. Terminal Leave
Employees hired prior to January 1, 1993 shall be entitled to credit of unused accumulated
sick leave time at the time of retirement unless covered by separate Agreement approved by the
Mayor and Council provided, however, that no employee shall be given credit for accumulated
sick leave time beyond 130 working days. All employees hired between January 1, 1988 and
December 31, 1992 shall only be entitled to accumulate 65 working days in sick leave time.
Employees hired after January 1, 1993 are not eligible for this benefit.
H. Family and Medical Leave
The Employer shall provide family and medical leave in accordance with the federal
Family and Medical Leave Act (“FMLA”) and the New Jersey Family Leave Act (“NJFLA”).
The Employer will comply with requirements of the New Jersey and Federal Family Leave laws.
The laws have similar and different provisions that may provide different rights and obligations
for the employee and/or the Employer. The employee shall be afforded the most favorable rights
if there is a conflict in the rights afforded to the employee under the laws.
FMLA Leave – The FMLA entitles eligible employees with up to twelve (12) weeks of
unpaid, job-protected leave in a defined twelve (12) month period for the following reasons:
1. the birth of a child and in order to care for such child;
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2. the placement of a child with the employee for adoption or foster care;
3. in order to care for the family member of the employee who is suffering from a
serious health condition;
4. for a serious health condition that makes the employee unable to perform the
functions of his/her position; or
5. because of any qualifying exigency arising out of the fact that the employee’s
family member is a military member on active duty or call to covered active duty
status (or has been notified of an impending call or order to covered active duty).
In addition, eligible employees may take up to a combined total of twenty-six (26) unpaid
workweeks in a single twelve (12) month period to care for a covered military service member
with a serious injury or illness.
FMLA Eligibility – To be eligible for FMLA leave, an employee must have: (i) worked
for the Employer for at least twelve (12) months; (ii) worked at least 1,250 hours in the twelve
(12) months immediately preceding commencement of the leave; and (iii) be employed at a
worksite where the employer has at least fifty (50) employees within seventy-five (75) miles.
The twelve (12) months the staff member must have been employed need not be consecutive
months pursuant to 29 CFR §825.110(b). The minimum 1,250 hours worked shall be determined
according to the principles established under the Fair Labor Standards Act (“FLSA”) for
determining compensable hours of work pursuant to 29 CFR §785. Entitlement to FMLA leave
taken for the birth of a son or daughter or placement of a son or daughter with the staff member
for adoption or foster care shall expire at the end of the twelve (12) month period beginning on
the date of such birth or placement.
Pursuant to 29 CFR §825.201(b), married couples both employed by the Employer are
limited to a combined total of twelve (12) weeks of leave during the applicable twelve (12)
month period if the leave is taken for the birth of a child, or to care for such child after birth; for
placement of a child with the staff member for adoption or foster care or in order to care for the
child after placement; or to care for the staff member’s parent with a serious health condition.
Returning from FMLA Leave – Upon return from FMLA leave, an employee shall be
entitled to the position he/she held when the FMLA leave commenced, or to an equivalent
position of like seniority, status, employment benefits, pay, and other conditions of employment.
If the Employer experiences a reduction in force or layoff and the employee would have lost
his/her position had the staff member not been on family leave as a result of the reduction in
force or pursuant to the good faith operation of a bona fide layoff and recall system, including a
system under any collective bargaining agreement, the employee shall be entitled to
reinstatement to the former or an equivalent position in accordance with applicable statutes,
codes, and laws.
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Certification of Health Care Provider – The Employer expects that requests for FMLA
leave for the purposes of the employee’s own serious health condition, or to care for a family
member with a serious health condition, shall be accompanied by a completed Certification of
Health Care Provider. This form is available on the U.S. Department of Labor website,
www.dol.gov. Notwithstanding, following submission of a request for FMLA leave, an
employee shall have up to fifteen (15) calendar days to provide the Employer with a completed
Certification.
Prior to designating an employee for FMLA leave, he/she shall be required to provide the
Employer with the FMLA Certification of Health Care Provider form, completed by the
employee’s and/or employee’s family member’s health care provider. The information
contained in the completed Certification shall guide the Employer in appropriate designation of
the employee’s leave of absence. The Employer reserves the right to seek additional
documentation necessary to initiate/continue an employee’s FMLA leave, in accordance with
applicable FMLA regulations.
FMLA Entitlement Period – The method to determine the twelve (12) month period in
which the twelve (12) weeks of FMLA leave entitlement occurs will be a “rolling” twelve (12)
month period measured backward from the date an employee uses any family leave.
Employment While on FMLA Leave – An employee designated for FMLA leave is
prohibited from performing any services on a full-time basis for any person for whom the
employee did not provide services immediately prior to commencement of the leave. An
employee using FMLA leave may commence part-time employment that shall not exceed half
the regularly scheduled hours worked for the Employer. The employee may continue the part-
time employment that commenced prior to the FMLA leave at the same number of hours that the
staff member was regularly scheduled prior to such leave.
NJFLA Leave – The NJFLA entitles eligible employees with up to twelve (12) weeks of
unpaid, job-protected leave in a defined twenty-four (24) month period for the following reasons:
1. The birth of a child and in order to care for such child;
2. The placement of a child with the employee for adoption or foster care;
3. In order to care for the family member of the employee who is suffering from a
serious health condition; or
4. Because of any qualifying exigency arising out of the fact that the employee’s
family member is a military member on active duty or call to covered active duty
status (or has been notified of an impending call or order to covered active duty).
NJFLA Eligibility – To be eligible for NJFLA leave, an employee must have: (i) worked
for the Employer for at leave twelve (12) months; and (ii) worked at least 1,000 hours in the
twelve (12) months immediately preceding commencement of the leave. The calculation of the
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twelve-month period to determine eligibility shall commence with the commencement of the
NJFLA leave. NJFLA leave taken for the birth or adoption of a healthy child may commence at
any time within a year after the date of the birth or placement for adoption.
The Employer shall grant a family leave under the NJFLA to more than one employee
from the same family at the same time, provided such employees are otherwise eligible for the
leave. N.J.A.C. 13:14-1.12.
Employment While on NJFLA Leave – An employee designated for NJFLA leave is
prohibited from performing any services on a full-time basis for any person for whom the
employee did not provide services immediately prior to commencement of the leave. An
employee on NJFLA leave may commence part-time employment that shall not exceed half the
regularly scheduled hours worked for the Employer. The employee may continue the part-time
employment that commenced prior to the NJFLA leave at the same number of hours that the staff
member was regularly scheduled prior to such leave.
NJFLA Entitlement Period – The method to determine the twenty-four (24) month
period in which the twelve (12) weeks of NJFLA leave entitlement occurs will be a “rolling”
twenty-four (24) month period measured backward from the date an employee uses any leave.
Intermittent and/or Reduced Schedule Leave – Requests for intermittent and/or reduced
schedule leave under both the FMLA and the NJFLA shall be reviewed by the Employer on a
case-by-case basis and in accordance with the federal and State laws and regulations
promulgated thereto.
Relationship to Other Laws – If the employee is eligible for leave for reasons provided
under both the FMLA and NJFLA, then the leave time taken shall be concurrent and be applied
to both laws. In the event the reason for the family leave is recognized under one law and not
the other law, the employee is eligible for each law’s leave entitlements within one twelve (12)
month period. For example, an employee may use his/her FMLA leave for a twelve (12)
week family leave for their own pregnancy, which is considered a “serious health condition”
under FMLA, and for additional leave under the NJFLA to care for their newborn or any other
reasons pursuant to the NJFLA.
During any period of designated FMLA/NJFLA leave, the Employer shall continue an
employee’s group health benefits in a manner consistent with that to which the employee
received immediately preceding commencement of the FMLA/NJFLA leave. The employee is
responsible to make all group health benefits contributions during his/her leave period, in
accordance with Chapter 78, P.L. 2011, and any applicable collective bargaining agreement. If
an employee does not return to work after his/her FMLA/NJFLA leave expires, the Employer is
entitled to recover health insurance costs paid while the employee was on FMLA/NJFLA leave.
Following exhaustion and/or termination of the FMLA/NJFLA leave period, the
Employer may continue an employee’s group health benefits, at the employee’s request. In the
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event that the employee determines to continue his/her group health benefits following a period
of designated FMLA/NJFLA leave, he/she shall be solely responsible for the full premium
amount due.
During a period of unpaid leave to care for a family member with a serious health
condition or a newborn or adopted child or child placed into foster care with the employee, the
employee may be eligible for up to twelve (12) weeks of Family Leave Insurance (“FLI”)
payments through the State in a twelve (12) month period. FLI is a monetary benefit paid by the
State and not a separate leave entitlement, and will thus run concurrently with FMLA and/or
FLA leaves.
I. Domestic Violence Leave
The New Jersey Security and Financial Empowerment Act, also known as the "NJ SAFE
Act" provides protection for employees and their family members who have been the victim of
domestic violence or sexual assault. Employees are entitled to twenty (20) days of unpaid
protected leave from work to:
Seek medical attention for physical or psychological injuries;
Obtain services from a victim services organization, pursue psychological or other
counseling;
Participate in safety planning for temporary or permanent relocation;
Seek legal assistance to ensure health and safety of the employee or the
employee’s relative; or
Attend, participate in, or prepare for a criminal or civil court proceeding relating
to an incident of domestic or sexual violence.
To be eligible for the leave, an employee must meet the following criteria:
The employee or their family member must be a victim of domestic violence or a
sexually violent offense;
The employee must have worked for the employer for at least twelve (12) months
and for at least 1,000 hours during the twelve (12) month period immediately
preceding the requested leave; and
The twenty (20) day leave must be taken within one (1) year of the qualifying
event.
Employees may take leave on an intermittent basis but such leave cannot be shorter than
one (1) full day. To the extent the leave is foreseeable, employees must provide advance notice.
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In addition, employees seeking leave must provide proof that they qualify for the leave. Such
proof may include a restraining order, letter from a prosecutor, proof of conviction, medical
documentation or a certification from an agency or professional involved in assisting the
employee.
In certain circumstances, the basis for the leave may also qualify under the federal Family
and Medical Leave Act (“FMLA”) and/or the New Jersey Family Leave Act (“NJFLA”). If so,
the Employer will treat the leave concurrently with the leave under those statutes.
The Employer shall protect the privacy of employees who seek leave by holding the
request for leave, the leave itself or the failure to return to work "in the strictest confidence."
The Employer shall not retaliate, harass or discriminate against any employee exercising
his/her right to take the leave provided by this policy.
Employees taking such leave may be eligible for Family Leave Insurance benefits
through the State.
J. Military Leave
The Employer recognizes that a strong, ready Reserve and National Guard are essential to
the defense of this nation in time of national emergency, disaster, domestic violence, or foreign
aggression. The Employer also encourages its employees to serve in the Reserve or National
Guard and recognizes the great personal and economic sacrifices of the patriotic men and women
who may be called to duty in time of crisis.
Military leave with pay will be granted to an employee in accordance with N.J.A.C.
4A:6-1.11, N.J.S.A. 38:23-1, N.J.S.A. 38a:4-4 and the Uniformed Services Employment and
Reemployment Rights Act (“USERRA”).
K. Jury Duty
All full-time employees required to perform jury duty shall receive full pay from the
Employer for all time spent on jury duty. In turn, any jury duty fees received by the employee
must be remitted to the Employer. Employees put on “stand by” are required to report for work.
L. Leaves Without Pay
Employees may be granted a personal leave of absence without pay for up to one year at
the sole discretion of the Borough Administrator if the leave does not cause undue operational
disruption. All leaves of absence shall be governed by Civil Service rules and regulations,
federal and state regulations, and any other guidelines as may be established by the Borough.
25
A leave of absence without pay may be requested by an employee who shall submit in
writing, all facts bearing on the request to his department head, who will append his
recommendation and forward the request to the Borough Administrator.
The leave must include the use of any accrued vacation and sick leave time, regardless of
the length of leave requested. The portion of the leave that runs beyond the exhaustion of
vacation and sick leave will be without pay or longevity credit. In exceptional circumstances,
the Borough Administrator may extend a leave of absence for an additional six months, if such
extension is considered in the best interests of the Borough of Waldwick.
Personal leaves are not granted for the purpose of seeking or accepting employment with
another employer, or for extended vacation time. Employees on personal leave of absence for
more than two weeks in any month will not receive holiday pay, and will not accrue personal
leave, sick leave or vacation time for that month. Health benefits may also be impacted. Refer
to the Borough of Waldwick Health Benefits Policy. A personal leave is granted with the
understanding that the employee intends to return to work for the Borough of Waldwick. If the
employee fails to return within five business days after the expiration of the leave, the employee
shall be considered to have resigned.
IX.
WORKERS’ COMPENSATION
Employees who suffer job-related injuries and illnesses may be entitled to medical
expenses, lost income and other compensation under the New Jersey Workers’ Compensation
Act (“NJWCL”). The Employer covers workers’ compensation benefits through its membership
in a joint insurance fund. Any occupational injury or illness must be immediately reported to the
employee’s supervisor or Department Head. All required medical treatment must be performed
by a Workers’ Compensation Physician appointed by either the joint insurance fund or the
Employer, and payment for unauthorized medical treatment may not be covered pursuant to the
NJWCL.
Where an employee suffers a work connected injury or work connected disability, the
Borough shall continue paying such employee his normal take-home pay during the continuance
of such employee's inability to work up to a maximum of ninety (90) calendar days. During this
period of time, all temporary disability benefits accruing under the provisions of the Workmen's
Compensation Act shall be paid over to the Borough; in the alternative, the Borough may pay
such employee the difference between normal take-home pay and the temporary disability
Workmen's Compensation awarded up to a maximum of ninety (90) calendar days. These
payments shall not be chargeable to the employee's sick leave. Paid Borough employees, who
are members of the Waldwick Fire Department or WALVAC, who are injured while on duty
with those organizations, shall receive the benefit outlined in the this paragraph.
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X.
DOMESTIC VIOLENCE POLICY
The Employer hereby adopts the Statewide Domestic Violence Policy for Public
Employers released by the New Jersey Civil Service Commission, which is applicable to all
public employers pursuant to N.J.S.A. 11A:2-6a. Such policy requires that the Employer
designate a Human Resources Officer (“HRO”) to assist employees who are victims of domestic
violence. The HRO must receive training on responding to and assisting employees who are
domestic violence victims in accordance with the policy. Employees who are victims of
domestic violence are encouraged to seek immediate assistance from their HRO. The Employer
will develop a plan to identify, respond to, and correct employee performance issues that may be
caused by a domestic violence incident.
The full policy is available for review in the Employer’s Personnel, Policies and
Procedures Manual.
XI.
PROTECTION AND SAFE TREATMENT OF MINORS
The Borough is fully committed to protecting the health, safety and welfare of minors
who interact with officials, employees, and volunteers of the Borough to the maximum extent
possible and has adopted a policy which establishes the guidelines for officials, employees, and
volunteers who set policy for the Borough or may work with or interact with individuals under
18 years of age, and those who supervise employees, and volunteers who may work with or
interact with individuals under 18 years of age, with the goal of promoting the safety and
wellbeing of minors. See the full policy, Borough of Waldwick Policy Addressing the Protection
and Safe Treatment of Minors and Frequently Asked Questions.
XII.
EMPLOYMENT PROCEDURES
A. Hiring Process
Recruitment: The Borough Administrator will coordinate the employment recruitment
process for all vacancies to ensure compliance with contractual, legal, Civil Service and Equal
Employment Opportunity Commission (“EEOC”). When a vacancy occurs, it is the
responsibility of the Supervisor to notify the Borough Administrator. The Borough
Administrator will undertake to recruit qualified applicants in accordance with applicable
Federal and State law (including New Jersey Department of Personnel regulations if the position
is subject to Civil Service.) Where positions are advertised, the media or other periodical
utilized must have as wide circulation as possible to encourage applications from candidates
from diverse backgrounds and must prominently state that the Borough of Waldwick is an equal
opportunity employer.
Additionally, notices concerning job openings or changes in conditions of employment
shall be posted in: (1) the Administrative Building first floor hallway; (2) the Police department
bulletin board; and (3) the Public Works department bulletin board.
27
Applications: All candidates must fully complete an application form. A resume will not
be considered as a substitute for this form. The application is a confidential document and will
not be available to anyone who is not directly involved in the hiring process, except as required
by law.
Interviews: The Borough Administrator will coordinate the interview process including
the scheduling of applicants, development of interview questions and standards to measure
candidate responses.
Physical Examinations: Pursuant to the Americans with Disabilities Act, after an offer
of employment is made and prior to commencing employment, the Borough Administrator may
require applicants to pass a physical examination in order to ensure that they can perform the
duties of their position without injury to themselves or others. The same post-offer physical
examination must be performed on all applicants for a particular position. The Borough
Administrator may require periodic physical examinations to determine the employee’s
continued ability to perform the duties of the position. All physical examinations must be
performed by a physician chosen by the Borough of Waldwick at the expense of the Borough of
Waldwick. All medical records of employees and prospective employees are confidential and
are to be maintained by the Borough Administrator separate from the employee’s official
personnel file. Medical exams may include tests for drug and alcohol use.
Job Offers: The final decision will be made by the governing body after all references
and other information has been verified. Every effort shall be made to offer reasonable
accommodations to known physical and mental limitations of all applicants with disabilities,
provided that the individual is otherwise qualified to safely perform the essential functions of the
job and also provided that the accommodation does not impose an unreasonable hardship on the
Borough of Waldwick. The employment offer must be made in a letter to the candidate outlining
all terms and conditions of the offer. The letter will also establish a deadline for acceptance.
Acceptances and Rejections: If the first offer is rejected, the governing body will
decide to hire another candidate or re-open the position. Once a candidate accepts the
employment offer, all other candidates will be notified in writing that they were not accepted for
the position.
Employability Proof: After acceptance, but before starting employment, all new
employees shall be required to fill out an employment verification form (I9) and to provide
acceptable proof of right to employment in the United States.
Probationary Period: All new employees hired shall serve a probationary period of
ninety (90) calendar days. During this probationary period, the Borough reserves the right to
terminate a probationary employee for any reason. Uniformed police officers serve a twelve-
month probationary period which shall begin upon notification being received by the Appointing
Authority from the Police Training Commission of the successful completion of the police
training course.
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Record Retention: All applications, notes made during interviews and reference checks,
job offers and other documents created during hiring process must be returned to the Borough
Administrator. Documents related to the successful candidate will be placed in the employee’s
official personnel file except medical records including physical examinations must be
maintained in a separate file. Records and documents created during the hiring process are
confidential and must be retained in a locked cabinet.
B. Open Public Meetings Act Procedure Concerning Personnel Matters
Discussions by the Governing Body or any public body of the Borough of Waldwick
concerning appointment, termination, terms and conditions of employment, performance
evaluation, promotion or discipline of any current or prospective officer or employee may be
held in closed session. Ultimately, the guidance as to notification of employees and the right to
have the discussion in closed or open session should be discussed with and be based upon the
guidance and advice of the legal counsel for the Borough of Waldwick and recent Court
decisions.
C. Processing and Orientation of New Employees Procedure
All new regular full-time and regular part-time employees will be scheduled to meet with
the Borough Administrator, or their designee, on their first day for a general orientation. Copies
of all forms and acknowledgements must be returned to the Borough Administrator for inclusion
in the employee’s official personnel file. The orientation may include:
A tour of the appropriate facilities to acquaint the new employee with overall operations
as they relate to the specific position;
The completion of all pertinent personnel, payroll, insurance and pension forms;
A review of the Employee Handbook and acknowledgement of receipt;
A review of the Personnel Policies and Procedures Manual and acknowledgement of
receipt;
A safety orientation and acknowledgement; and
Arrangements for the new employee to complete required PEOSHA safety training.
D. Initial Employment Period Procedure
Except where State requirements direct otherwise, new employees (or present employees
transferring to new positions) will be hired subject to a probationary employment period of
ninety (90) days. During this initial employment period, the new employee or transferee will be
provided with training and guidance from the supervisor. At the end of the initial employment
period, the supervisor will conduct an employee evaluation. New employees may be discharged
29
at any time during this period if the Borough Administrator concludes that the employee is not
progressing or performing satisfactorily. Under appropriate circumstances, the Borough
Administrator may extend the initial employment period. Newly hired employees are not
eligible for payment of paid time off except holidays until the successful completion of their
initial employment period.
Nothing in the procedure set forth in this section shall alter Borough of Waldwick’s
employment at will policy. Employment with Borough of Waldwick is at will and may be
terminated at any time with or without cause or notice by the Borough of Waldwick or the
employee.
XIII.
DISCIPLINARY PROCEDURE
It is the responsibility of the immediate supervisor to enforce and maintain proper
discipline. To ensure that employees are informed when infractions or shortcomings are noted, a
progressive disciplinary procedure will ordinarily be utilized. In certain severe instances,
however, it may be necessary to bypass one or more of the preliminary steps in order to impose
suspension or dismissal of an employee as specified by the CSC.
Grounds for Disciplinary Action – Many types of conduct may be grounds for
disciplinary action, up to and including termination. They include, but are not limited to, the
following:
1. Incompetency, inefficiency or failure to perform duties;
2. Insubordination;
3. Inability to perform duties;
4. Chronic or excessive absenteeism or lateness;
5. Conviction of a crime;
6. Conduct unbecoming a public employee;
7. Neglect of duty;
8. Misuse of public property, including motor vehicles;
9. Discrimination that affects equal employment opportunity (as defined in N.J.A.C.
4A:7-1), including sexual harassment;
10. Violation of Federal Regulations concerning drug and alcohol use by employees who
perform functions related to the operation of commercial motor vehicles and state and
local policies issued thereunder;
30
11. Violation of residence requirement; and
12. Other sufficient cause.
Minor Discipline – “Minor discipline” may include a formal written reprimand, or a
suspension or fine of five (5) working days or less. Notification of the charges and discipline
shall be given to the employee in writing. No hearing is afforded, unless expressly provided in a
collective bargaining agreement.
Major Discipline – “Major discipline” includes: (i) removal; (ii) disciplinary demotion;
(iii) suspension or fine for more than five (5) working days at any one time; (iv) suspension or
fine for five (5) working days or less where the aggregate number of days suspended or fined in
any one (1) calendar year is fifteen (15) working days or more; or (v) suspension or fine when an
employee receives more than three (3) suspensions or fines of five (5) working days or less in a
calendar year.
Procedure in Major Disciplinary Actions – Generally, an employee will be served with a
"Preliminary Notice of Disciplinary Action" ("PNDA") setting forth the charges against the
employee and affording a hearing opportunity at a specified date, time and location. The
employee must respond with a request for a hearing within five (5) days of the receipt of PNDA;
otherwise, the hearing is waived. After the hearing (or a waiver of a hearing), a decision is made
and within twenty (20) days, unless additional time is agreed to by the parties. Written
notification to the employee shall be made by issuing a “Final Notice of Disciplinary Action”
form.
An immediate suspension may be imposed prior to a hearing when:
1. The employee is unfit for duty or presents a hazard to any person if permitted to
remain on the job or the suspension is necessary to maintain safety, health, order or
effective direction of public services. However, a PNDA with opportunity for a
hearing must be served in person or by certified mail within five (5) days following
the immediate suspension; or
2. The employee is suspected/charged with an act of misdemeanor, felony or any form
of malicious mischief which leads to arrest and/or incarceration and fails to notify his
Department/Division Head or Designated Superior immediately. This failure could
result in disciplinary action, up to and including termination; or
3. The employee has been formally charged with a crime of the First, Second or Third
Degree or a crime of the Fourth Degree directly related to the employee's job.
Where a suspension is immediate, and is without pay, the employee must first be apprised
either orally or in writing regarding the charges, the reason why an immediate suspension is
sought, and a general description of the evidence in support of the charges. The employee will
31
be provided an opportunity to respond to the charges before a representative of the Employer.
The response may be oral or in writing.
XIV.
COMPLAINT PROCEDURE
Most employees have incorporated grievance procedures within their collective
bargaining agreements. An employee who wishes to initiate a grievance or complaint
concerning wages, hours of work or other terms and conditions of employment, may do so
pursuant to the terms of his/her collective bargaining agreement.
A non-contractual employee should discuss any complaints with his or her immediate
supervisor for the purpose of resolving the matter informally. It is the policy of the Employer to
maintain open lines of communication with all employees. Any complaints that are not resolved
between the employee and the supervisor, may be brought to the attention of the Department
Head for additional review and resolution.
32
XV.
ACKNOWLEDGMENT OF RECEIPT OF EMPLOYEE HANDBOOK
I acknowledge that I have received a copy of the Borough of Waldwick Employee Handbook. I
understand that it is my responsibility to read it thoroughly and familiarize myself with its
policies and practices. If there is any policy or practice in the Handbook that I do not
understand, I will seek clarification from my supervisor, Department Head or the Borough
Administrator.
I understand that my employment with the Borough is an “at will” and that consistent with
applicable Federal and State law as well as applicable bargaining unit agreements, my
employment with the Borough is not for a fixed term or definite period and may be terminated at
the will of either me or the Borough, with or without cause, and without prior notice.
No supervisor or other representative of the Borough has the authority to enter into any
agreement for employment for any specified period of time, or to make any agreement contrary
to the above.
I understand that this Handbook provides the Borough’s personnel policies and practices in
effect on the date of publication. I understand that nothing contained in the Handbook may be
construed as creating a promise of future benefits or a binding contract with the Borough for
benefits or for any other purpose. I also understand that these policies and practices are
continually evaluated and may be amended, modified or terminated at any time.
Please sign and date this receipt and return it to your Department Head.
Date:
Signature:
Print Name:
Department:
--- Document: Personnel Policies Manual ---
Borough of Waldwick
Personnel Policies Manual
Adopted November 23, 2021
AT-WILL STATEMENT & DISCLAIMER
The contents of this Personnel Policies and Procedures manual (“the Manual”) summarize the current
benefits and guidelines within the Borough of Waldwick (“the Employer”) and are intended as guidelines
only.
The Borough of Waldwick reserves the right to change, delete, suspend, or discontinue any part or parts
of this Manual at any time, without prior notice, and any such action shall apply to existing as well as
future employees. You should be aware that these benefits and guidelines may be changed at any time,
and that depending upon the circumstances of a given situation, the Employer’s actions may vary from
the provisions of this Manual. As such, the contents of the Manual DO NOT CONSTITUTE THE
TERMS OF A CONTRACT OF EMPLOYMENT.
It should be noted that nothing contained in this Manual should be construed as a guarantee of
continued employment; but rather, EMPLOYMENT WITH THE EMPLOYER IS ON AN AT-
WILL BASIS. This means that either the employee or the Employer, with or without cause, may
terminate the employment relationship at any time with or without notice, for any reason not
expressly prohibited by law. Any exception must be expressly authorized and signed by the
Employer.
This Manual supersedes and replaces all prior personnel policy and benefit statements, whether oral or in
writing. While some of the provisions contained herein refer specifically only to federal law, employees
should be aware that the Employer will comply with all federal, state and local laws. Should any provision
in this Manual be found to be unenforceable and/or invalid, such finding does not invalidate the entire
Manual, but only the subject provision. Many of the policies in this Manual shall also apply in equal force
to volunteers of the Employer.
When changes are made to this Manual, the Employer will make any corresponding changes to the
Employee Handbook that are necessary so that the Manual and Handbook do not conflict.
All employees will be notified when any material changes are made to the policies contained in this
Manual.
This Manual has been written so as not to conflict with the collective bargaining agreements
between the Employer and its unionized employees. If there is a conflict between this Manual and
any collective bargaining agreement, the provisions of the collective bargaining agreement will
prevail for represented employees. This Manual has been written so as not to conflict with the
provisions and mandates of the laws and regulations governing employment in the State of New
Jersey. If there is a conflict between this Manual and any such mandate pursuant to law, such law
will prevail for covered employees.
TABLE OF CONTENTS
Section One: General Personnel Policies ................................................................................................ 1
Equal Employment Opportunity Policy ...................................................................................................... 2
Americans With Disabilities .................................................................................................................... 3-4
Policy Against Harassment .................................................................................................................... 5-16
Policy Prohibiting Workplace Violence .............................................................................................. 17-19
Whistleblower Policy ........................................................................................................................... 20-21
Section Two: Employee Benefits............................................................................................................ 22
Compensation ........................................................................................................................................... 23
Overtime ................................................................................................................................................... 24
Medical Benefits .................................................................................................................................. 25-26
Classification and Promotion .................................................................................................................... 27
HIPAA Compliance .................................................................................................................................. 28
Workers’ Compensation ...................................................................................................................... 29-35
Paid Holidays Policy ............................................................................................................................ 36-37
Section Three: Leaves of Absence ......................................................................................................... 38
Vacation Leave Policy ......................................................................................................................... 39-40
Personal Day Policy .................................................................................................................................. 41
Sick Leave Policy ................................................................................................................................ 42-45
Donated Leave Program ...................................................................................................................... 46-49
Family and Medical Leave ................................................................................................................... 50-54
New Jersey Family Leave .................................................................................................................... 55-60
Bereavement Leave ................................................................................................................................... 61
Military Service Leave Policy .................................................................................................................. 62
Jury Duty Leave ........................................................................................................................................ 63
Section Four: Personnel Rules and Regulations .................................................................................. 64
Appearance ............................................................................................................................................... 65
Absenteeism and Tardiness....................................................................................................................... 66
Alcohol and Drug-Free Workplace ...................................................................................................... 67-87
Changing Vital Information ................................................................................................................. 88-89
Computer Use, Electronic Mail, and Internet Policy ........................................................................... 90-93
Telephone and Personal Communication Usage Policy ...................................................................... 94-95
Conduct of Employees ......................................................................................................................... 96-97
Confidentiality of Personnel Records ....................................................................................................... 98
Contagious/Life Threatening Illness Policy .............................................................................................. 99
Discipline and Termination Policy .................................................................................................. 100-102
Domestic Violence Policy................................................................................................................ 103-109
Layoff ...................................................................................................................................................... 110
Grievance Procedure ............................................................................................................................... 111
Employee Dating Policy .................................................................................................................. 112-113
Employment References ......................................................................................................................... 114
Nepotism .......................................................................................................................................... 115-117
Performance Evaluation .......................................................................................................................... 118
Political Activity ..................................................................................................................................... 119
Protection and Safe Treatment of Minors ............................................................................................... 120
Safety Policy ........................................................................................................................................... 121
Security Policy ........................................................................................................................................ 122
State Residency Requirement ................................................................................................................. 123
Policy for Use of Employer Vehicles (Non-Law Enforcement) ...................................................... 124-126
Transitional Duty Policy .................................................................................................................. 127-128
Appendix A: CDL Drug and Alcohol Testing Policy ...................................................................... 129-175
Acknowledgment of Receipt of Personnel Manual ................................................................................ 176
SECTION ONE: GENERAL PERSONNEL POLICIES
1
EQUAL EMPLOYMENT OPPORTUNITY POLICY
The Employer is committed to the principle of equal employment opportunity and anti-discrimination
pursuant to Title VII of the 1964 Civil Rights Act as amended by the Equal Opportunity Act of 1972 and
the New Jersey Law Against Discrimination (LAD) and all other applicable state or federal laws. Under
no circumstances will the Employer discriminate on the basis of sex, race, creed, color, religion, national
origin, ancestry, age, marital status, affectional or sexual orientation, domestic partnership status, civil
union status, atypical heredity, cellular or blood trait, genetic information, disability (including AIDS or
HIV infection), liability for service in the United States Armed Forces, gender identity or expression,
and/or any other characteristic protected by state or federal law. Accordingly, decisions regarding hiring,
promotion, transfer, demotion or termination are based solely on the qualifications and performance of
the employee or prospective employee. If any employee or prospective employee feels they have been
treated unfairly, they have the right to address their concern with their supervisor, or if they prefer, their
Department Head, the Chief Administrative Officer, or any other supervisor with whom they feel
comfortable, using the complaint procedure set forth in the Policy Against Harassment set forth in this
Manual.
Any employees with questions or concerns about any type of discrimination or harassment in the
workplace are encouraged to bring these issues to the attention of management through the complaint
procedure set forth in the Policy Against Harassment set forth in this Manual.
2
AMERICANS WITH DISABILITIES
The Employer complies with the New Jersey Law Against Discrimination and the Americans with
Disabilities Act. The Employer will not discriminate against any qualified employee or job applicant with
respect to any terms, privileges, or conditions of employment because of a person's physical or mental
disability. The Employer also will make reasonable accommodations wherever necessary for all
employees or applicants with disabilities, provided that the individual is otherwise qualified to safely
perform the essential duties and assignments connected with the job and provided that accommodations
do not require significant difficulty or expense. The Employer's nondiscrimination policy applies to all
aspects of the employer-employee relationship, including recruitment, hiring, upgrading, training,
promotion, transfer, discipline, layoff, recall, and termination.
Definitions. The Americans with Disabilities Act defines an individual with a disability as any person
who:
(1) has a physical or mental impairment that substantially limits one or more major life activities, such as
caring for oneself, walking, seeing, hearing, or speaking;
(2) has a record of such an impairment; or
(3) is regarded as having such an impairment.
An individual must satisfy at least one of the three prongs of the above definition to be considered an
individual with a disability under the ADA. Temporary conditions, such as a broken leg, are not
disabilities, nor are minor impairments, such as vision problems that are correctable with glasses.
The New Jersey Law Against Discrimination defines disability as a physical disability, infirmity,
malformation or disfigurement which is caused by bodily injury, birth defect or illness including epilepsy
and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis,
amputation, lack of physical coordination, blindness or visual impediment, deafness or hearing
impediment, muteness or speech impediment or physical reliance on a service or guide dog, wheelchair,
or other remedial appliance or device, or any mental, psychological or developmental disability resulting
from anatomical, psychological, physiological or neurological conditions which prevents the normal
exercise of any bodily or mental functions or is demonstrable, medically or psychologically, by accepted
clinical or laboratory diagnostic techniques. Disability shall also mean AIDS or HIV infection.
A qualified individual is an individual with a disability who, with or without reasonable accommodation,
can perform the essential functions of the employment position held or sought. An individual who poses
a threat to the health and safety of oneself or to others is not qualified. Reasonable accommodation means
any change or adjustment to a job or work environment that does not impose an undue hardship on the
Employer, or that permits a qualified applicant or employee with a disability to participate in the job
3
application process, perform the essential functions of the job, or enjoy benefits and privileges of
employment equal to those enjoyed by employees without disabilities.
Requesting Accommodation. Qualified employees or prospective employees with disabilities may request
accommodations to perform the essential functions of their job or gain access to the hiring process.
Employees or prospective employees should direct their written request to the Employer. In the written
request, the employee or prospective employee should identify themselves as a person with a disability,
eligible for protection, and identify the nature of the accommodation or consideration desired.
The Employer may require the employee to provide adequate medical or other appropriate documentation
of the disability and the need for the desired accommodation. The Employer will reasonably accommodate
the known physical or mental limitation of an otherwise qualified applicant or employee with a disability
unless the accommodation would impose an undue hardship on the Employer’s business operation.
To further the Employer’s nondiscrimination policy, the Employer will:
• Identify the essential functions of a job;
• Determine whether a person with a disability, with or without accommodation, is qualified to perform
the duties; and
• Determine whether a reasonable accommodation can be made for a qualified individual.
Reasonable accommodations that the Employer may provide in connection with modifications to the work
environment or adjustments in how and when a job is performed may include the following:
• Making existing facilities accessible and usable;
• Job restructuring;
• Part-time or modified work schedules;
• Acquiring or modifying equipment or devices;
• Appropriate adjustment or modifications of testing materials, training materials, and/or policies;
• Reassignment to a vacant position.
The Employer is also committed to not discriminating against any qualified employee or applicant because
he or she is related to or associated with a person with a disability. If any applicant or employee has
questions concerning the Employer's equal employment opportunity policy, he or she should contact the
Employer.
4
POLICY AGAINST HARASSMENT
The Employer is committed to providing a work environment that is free of discrimination. The Employer
will not tolerate harassment of or by employees towards anyone, including any supervisor, co-worker, or
non-employee, including vendors and citizens.
Applicability. This policy applies to all people employed by the Employer, as well as volunteers working
on behalf of the Employer, and prohibits such conduct by or towards all such employees/volunteers.
Independent contractors, vendors and all other parties, engaged in a professional business relationship
with the Employer are also expected to abide by the policy. In addition, no employee shall be required to
withstand behavior from the public which violates this policy.
Purpose. This policy is designed to ensure all employees a work environment free of any type of
discrimination based upon a protected status, including freedom from sexual harassment. The purpose of
this policy is to inform employees that harassment based upon a protected status is prohibited, to educate
employees about harassment based upon a protected status and to provide employees with a procedure to
bring complaints to management’s attention.
Provisions. All employees are expected to avoid any behavior or conduct of a harassing or discriminatory
nature. The Employer prohibits any form of harassment or discrimination related to an employee's
protected group status, including race, creed, color, national origin, ancestry, religion, age, marital status,
civil union status, domestic partnership status, affectional or sexual orientation, familial status, genetic
information, sex, gender identity or expression, disability (including perceived disability, physical, mental,
and/or intellectual disabilities), atypical hereditary cellular or blood trait, or because of the liability for
service in the Armed Forces of the United States, veteran status, citizenship status, or any other group
status protected by law. Harassment includes, but is not limited to:
A. Treating an individual less favorably based on a person’s protected group status;
B. Using derogatory or demeaning slurs to refer to a person’s protected group status;
C. Calling another by an unwanted nickname which refers to one or more protected group statuses, or
telling ethnic jokes that harass an employee or create a hostile work environment;
D. Using derogatory references regarding a protected group status in any job-related communication;
E. Engaging in threatening, intimidating, or hostile acts, in the workplace, based on a protected group
status; or
F. Displaying or distributing material in the workplace that contains language or derogatory or demeaning
images, based on any protected group status.
Any form of harassment or discrimination related to an employee’s protected group status violates this
policy.
5
This policy applies to all employment practices such as recruitment, selection, hiring, training, promotion,
transfer, assignment, layoff, return from layoff, termination, compensation, fringe benefits, working
conditions and career development.
Violations of this policy will result in appropriate disciplinary action up to and including termination of
employment.
Sexual Harassment. The Employer prohibits sexual harassment of its employees in any form. Such
conduct shall result in appropriate disciplinary action up to and including dismissal from employment.
A. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually
motivated physical conduct or other verbal or physical conduct, gestures or communications, expressed
or implied, of a sexual nature when:
(1) Submission to that conduct or communication is made a term or condition, either explicitly or
implicitly, of obtaining or retaining employment; or
(2) Submission to or rejection of that conduct or communication by an individual is used as a factor in
decisions affecting that individual's employment, or
(3) That conduct or communication has the purpose or effect of substantially or unreasonably interfering
with an individual's employment, or creating an intimidating hostile or offensive employment
environment.
B. Prohibited Conduct: No supervisory employee shall threaten or insinuate either directly or indirectly,
that an employee's refusal to submit to sexual advances will adversely affect the employee’s continued
employment, evaluation, compensation, assignment, advancement, or any other condition of employment.
Similarly, no supervisory employee shall promise or suggest either directly or indirectly, that an
employee's submission to sexual advances will result in any improvement in any term or condition of
employment for the employee.
Other sexually harassing conduct in the workplace, whether committed by supervisory or non-supervisory
personnel is also prohibited. This includes, but shall not be limited to:
(1) Sexual flirtations, advances, propositions, subtle pressure for sexual activity, flirtatious whistling,
discussing sexual activities;
(2) Verbal abuse of a sexual nature including sexually oriented "kidding" or "teasing," "practical jokes,"
jokes about gender-specific traits, and foul or obscene language or gestures;
(3) The display of sexually graphic pictures or pictures of an offensive nature, or objects in the workplace,
including sexually suggestive written material such as letters, notes, facsimiles, text messages and e-mails;
(4) Any unwelcome sexually motivated touching, including, for example, patting, pinching, hugging,
cornering, blocking or impeding movement and repeated brushing against another employee's body.
6
Sexual harassment also occurs when one person harasses another solely because of the victim's gender.
This type of sexual harassment may involve unwelcome sexual demands or overtures, but it may also take
the form of other harassing conduct not necessarily sexual in nature. For example, this would include
gender stereotyping such as comments about the lesser abilities, capacities, or the "proper role" of females.
It also includes subjecting a woman or a man to non-sexual harassment solely because of her or his gender.
Sexual harassment is prohibited whether the harasser is male or female, and whether the harassment is
opposite sex or same-sex harassment.
Complaint Procedure. Any employee who feels he or she has been subject to harassment should report
the incident directly to the designated Chief Administrative Officer/Affirmative Action Officer. The
designated Chief Administrative Officer/Affirmative Action Officer will ask the employee to complete a
Harassment Complaint Form. Employees, however, are not required to complete the complaint form to
initiate a harassment complaint under this policy.
Alternatively, any employee who feels he or she has been subject to harassment may also report the
incident directly to the Borough Attorney. The Borough Attorney will ask the employee to complete a
Harassment Complaint Form. Employees, however, are not required to complete the complaint form to
initiate a harassment complaint under this policy. The names and telephone numbers of the designated
Chief Administrative Officer/Affirmative Action Officer and the Borough Attorney are contained in the
Contact Information attached to this policy.
Any individual uncomfortable reporting an incident to the designated Chief Administrative
Officer/Affirmative Action Officer and/or the Borough Attorney should feel free to go to any management
representative which he or she feels most comfortable to relay the problem. When any management
representative learns of a violation of this policy, the management representative shall assist the victim in
reporting the alleged incident(s) of harassment.
All Employer employees should notify the alleged harasser that the behavior in question is thought to be
offensive and unwelcome. However, failure to inform the alleged harasser that the behavior is unwelcome
does not prevent the victim from filing a complaint pursuant to this policy. The harassment or
discrimination does not have to occur on the Employer’s property during regular work hours for an
employee to file a complaint under this policy.
The Employer strongly encourages employees who witness conduct which they believe violates the
Employer’s Policy Against Harassment to report the violation pursuant to this complaint procedure. The
Employer encourages the prompt reporting of complaints so that rapid response and appropriate action
may be taken. Any complaint should be reported within sixty (60) days to be considered current.
Nevertheless, due to the sensitive nature of these problems, all complaints will be investigated, regardless
of when they are filed.
Investigation Procedure. The Employer shall conduct an investigation into the harassment complaint to
determine the merits of the allegations. The designated Chief Administrative Officer/Affirmative Action
7
Officer and/or the Borough Attorney shall designate an objective investigator to determine the validity of
any complaint. The objective investigator may include any third party deemed appropriate.
The investigation shall be completed in a reasonable time to resolve the issue and minimize the effects of
such investigation on the parties involved.
In almost all circumstances, the investigation will require, at a minimum, an interview with the employee
bringing the complaint and the accused.
If the Employer determines that the complaint has merit, the accused shall face appropriate disciplinary
action based upon the severity of the complaint and any prior history of past charges against the individual.
Disciplinary action may include a written warning, suspension, demotion, and/or termination of
employment. Any disciplinary action shall be consistent with applicable collective bargaining agreements,
regulations and applicable due process safeguards. Upon completion of the investigation, the entire file
shall be maintained in a secure location with the Employer.
In the event that the Employer determines the complaint to be intentionally dishonest, appropriate
disciplinary action may be taken against the employee who caused the complaint to be filed.
Privacy. To the extent possible, all persons involved in a harassment complaint will be given the utmost
protection of privacy. Specifically, the Employer will strive, both during and after the investigation, to
maintain confidentiality to the fullest extent possible, including confidentiality of the identities of all
persons involved or alleged to be involved in the incident, revealing only those particulars of the matter
to the extent necessary for a thorough investigation. Any employee who unnecessarily compromises the
confidentiality of an investigation will be subject to appropriate discipline.
Responsibility of Supervisory Personnel. Supervisors are to monitor the work environment to ensure that
all subordinates comply with this Policy Against Harassment. When a supervisor learns of a violation of
this policy, the supervisor shall assist the victim in reporting the alleged incident(s) of harassment.
Alternatively, the supervisor shall report the matter to the designated Chief Administrative Officer/
Affirmative Action Officer and/or the Borough Attorney for resolution.
Retaliation Prohibited. The Employer encourages victims of harassment to bring their complaints to
management by ensuring that no reprisals or retaliation will result from the good faith reporting of
harassment. The filing of a complaint, in good faith, shall not, under any circumstances provide cause for
discipline. Additionally, it is a violation of this policy for any personnel to retaliate against another
because he or she filed a complaint or otherwise participated in the complaint procedure.
Any supervisor who receives a harassment complaint from any employee must bring it to the attention of
the designated Affirmative Action Officer and/or Chief Administrative Officer for resolution. Supervisors
shall closely monitor the work environment for any forms of retaliation once an allegation has been made.
This will include but not be limited to verbal remarks, irregular assignments or any other activity that may
contribute to a hostile work environment.
8
Legal Effect. This Policy Against Harassment is to be construed as a unilateral expression of the policy
of the Employer concerning harassment in the workplace. It is not intended to create any contractual
rights or duties and any such intention or effect is hereby disclaimed. This policy may be amended,
supplemented, modified and/or revised at any time. Any employee with questions regarding the
Employer's Policy Against Harassment should contact the designated Affirmative Action Officer and/or
Chief Administrative Officer.
Training. The Employer recognizes the need to reinforce its policies with effective training. Training is
to be provided to all supervisory and non-supervisory employees. Ultimately, the goal of effective training
is to build a culture in which all employees feel safe. Training may be conducted in person or through
electronic means. To the extent economically and operationally feasible, training should be conducted live
whenever possible. Training should empower participants to intervene appropriately when they witness
harassment or discrimination. This means not only training participants on the requirements of the policy
prohibiting harassment and discrimination, but also training participants on tools for response and lodging
complaints. Training should emphasize the negative impact of harassment and discrimination on
employees, workplace productivity, workplace culture, and encouraging those employees who either
experience harassment/discrimination or witness it to report it.
Monitor for Compliance. The Employer acknowledges the importance of ensuring that employers’
policies and procedures are actually working as intended to prevent sexual harassment and other forms of
discrimination from occurring in the workplace. It is the expectation of the Employer that all supervisors
shall enforce anti-harassment policies and that setting the proper example is part of their job description
and part of the evaluation of their job performance. The Employer will engage in proactive efforts to
monitor and ensure compliance with its policies within their workplaces.
9
Contact Information
1. Chief Administrative Officer / Affirmative Action Officer
Borough Administrator
Patrick Wherry
pwherry@waldwicknj.org
201-652-5300 x227
2. Borough Attorney
Craig Bossong, Esq.
FPSCT&T LLC
cbossong@floriolaw.com
201-843-5858
10
Harassment Complaint Form
*THIS INVESTIGATION IS CONFIDENTIAL AND INFORMATION OBTAINED DURING THE
COURSE OF THIS INVESTIGATION MUST NOT BE DISCLOSED*
Name:
Department:
Job Title:
Supervisor:
Union Representative (if any):
Time Period Covered by Complaint:
Individuals Who Allegedly Committed Harassment:
Name
Department
Job Title
1.
2.
3.
4.
5.
Describe the dates and the nature of the harassment allegedly committed by each identified individual:
11
Identify all employees or others with knowledge of the complained of conduct:
Are there any documents which contain information supporting the occurrences described above?
Is there any physical evidence which supports your complaint? If so, please describe:
12
Have you missed any work time as a result of the alleged harassment? If “yes,” identify the occasions.
Have you incurred any unreimbursed medical expenses as a result of the alleged harassment?
If you previously complained about this or related acts of general harassment to an Employer supervisor or
official, please identify the individual to whom you complained, the date of the complaint, and the resolution of
your complaint:
(Attach Additional Sheets if Necessary)
13
Are you afraid that someone may retaliate against you because you filed this complaint? If so, please
identify the person(s) and indicate the reasons why you feel the person(s) may retaliate against you.
What is your requested remedy in this complaint?
Acknowledgement:
The information provided above is true and correct.
Signature of Complainant:
Date:
To investigate your complaint, it will be necessary to interview you, the alleged harasser(s), and any witnesses
with knowledge of the allegations or defenses. The Employer will notify all persons involved in the investigation
that it is confidential and that unauthorized disclosures of information concerning the investigation could result
in disciplinary action up to and including termination.
I am willing to cooperate fully in the investigation of my complaint and to provide whatever evidence the
Employer deems relevant.
Signature of Complainant:
Date:
14
Witness Statement Form
*THIS INVESTIGATION IS CONFIDENTIAL AND INFORMATION OBTAINED DURING THE
COURSE OF THIS INVESTIGATION MUST NOT BE DISCLOSED*
Name:
Department:
Job Title:
Union Representative (if any):
Length of Time Known: Complainant
Respondent
Individuals Who Allegedly Committed Harassment:
Name
Department
Job Title
1.
2.
3.
4.
5.
Identities of other persons with knowledge of facts relevant to this investigation:
(Attach Additional Sheets if Necessary)
15
Witness Statement Form (cont’d)
Please provide a detailed description of the events you witnessed. Include the date, time, location and individuals
present.
Any other information which should be considered in evaluating the validity of the complaint in this case:
Acknowledgment:
I,
, affirm that the information I have provided is true and correct. I
acknowledge that the investigation is confidential and that I am not to disclose information obtained by me
during the course of this investigation. I understand that unauthorized disclosures could result in disciplinary
action up to and including termination.
Signature of Witness:
Date: ______________________
16
POLICY PROHIBITING WORKPLACE VIOLENCE
The Employer has adopted this Zero Tolerance Policy for workplace violence because it recognizes that
workplace violence is a growing problem nationally that needs to be addressed by all employers.
Consistent with this policy, acts or threats of physical violence, including intimidation, harassment, and/or
coercion which involve or affect the Employer, its employees or which occur on the Employer’s property
will not be tolerated.
Threats or Acts of Violence Defined. “Threats or acts of violence” include conduct against persons or
property that is sufficiently severe, offensive, or intimidating to alter the employment conditions with the
Employer, or to create a hostile, abusive, or intimidating work environment for one or more employees.
Examples of Workplace Violence. General examples of prohibited workplace violence include, but are
not limited to, the following:
All threats or acts of violence occurring on Employer property, regardless of the relationship between the
Employer and the parties involved in the incident.
All threats or acts of violence not occurring on Employer property but involving someone who is acting
in the capacity of a representative of the Employer.
All threats and acts of violence not occurring on Employer property involving an employee of the
Employer if the threats or acts of violence affect the legitimate interest of the Employer.
Any threats or acts resulting in the conviction of an employee or agent of the Employer, or of an individual
performing services on the Employer’s behalf on a contract or temporary basis, under any criminal code
provision relating to threats or acts of violence that adversely affect the legitimate interests and goals of
the Employer.
Specific Examples of Prohibited Conduct. Specific examples of conduct which may be considered
“threats or acts of violence” prohibited under this policy include, but are not limited to:
Hitting, fighting, pushing, or shoving an individual or throwing objects;
Threatening to harm an individual or his/her family, friends, associates, or their property;
The intentional destruction or threat of destruction of property owned, operated, or controlled by the
Employer;
Making harassing or threatening telephone calls, letters or other forms of written or electronic
communications;
Intimidating or attempting to coerce an employee to do wrongful acts that would affect the business
interests of the Employer;
17
Harassing surveillance, also known as “stalking,” the willful, malicious and repeated following of another
person and making a credible threat with intent to place the other person in reasonable fear of his or her
safety;
Making a suggestion or otherwise intimating that an act to injure persons or property is “appropriate,”
without regard to the location where such suggestion or intimation occurs;
Unauthorized possession or inappropriate use of firearms, weapons, or any other dangerous devices on
Employer property.
While employees of the Employer may be required as a condition of their work assignment to possess
firearms, weapons or other dangerous devices, or permitted to carry them as authorized by law, employees
are to use them only in accordance with departmental operating procedures and all applicable State and
Federal laws.
Application of Prohibition. The Employer’s prohibition against threats and acts of violence applies to all
persons involved in the Employer’s operation, including but not limited to Employer personnel, volunteer,
contract and temporary workers, and anyone else on Employer property. Violation of this policy by any
individual on Employer property, by any individual acting as a representative of the Employer while not
on Employer property, or any individual acting off of the Employer property when his or her actions affect
the public interest or the Employer’s business interests will be followed by legal action, as appropriate.
Violation by an employee of any provision of this policy may lead to disciplinary action up to and
including termination.
Warning Signs, Symptoms and Risk Factors. The following are examples of warning signs, symptoms,
and risk factors which MAY indicate an employee’s potential for workplace violence:
Dropping hints about a knowledge of firearms;
Making intimidating statements like: “You know what happened at the Post Office,” “I’ll get
even,” or “You haven’t heard the last from me”;
Possessing reading material with themes of violence, revenge and harassment;
Physical signs of hard breathing, reddening of complexion, menacing stare, loudness, fast profane
speech;
Acting out either verbally or physically;
Disgruntled employee or ex-employee who is excessively bitter;
Being a loner;
Having a romantic obsession with a co-worker who does not share that interest;
History of interpersonal conflict;
Intense anger, lack of empathy;
Domestic problems, unstable/dysfunctional family;
Brooding, depressed strange behavior, “time bomb ready to go off.”
Supervisors should be alerted to and aware of these indicators. If an employee exhibits such behavior, the
employee should be monitored and such behavior should be documented.
18
Procedures for Dealing with Acts of Workplace Violence. When a violent act occurs in the workplace: If
a violent act or altercation constitutes an emergency, call 9-1-1 or the local police department. In instances
that are not emergency situations, contact your Department Head or the Borough Administrator. If
possible, separate the parties involved in the violent altercation. If the parties cannot be separated, or if it
would be too dangerous for the employee to separate the parties, call 9-1-1 or the local police department,
and contact your Department Head or the Borough Administrator. The Department Head will contact the
Borough Administrator, who will take responsibility for coordinating a response to the incident.
In instances that involve criminal situations, the Borough Administrator will contact the appropriate local
police department for assessment, and if necessary, a criminal investigation.
Employee Reporting Obligations and Procedure. Each employee and every person on Employer property
is encouraged to report incidents or threats or acts of physical violence of which he or she is aware. In
cases where the reporting individual is not an employee, the report should be made to the local police
department. In cases where the reporting individual is an employee, the report should be made to the
employee’s Department Head or the Borough Administrator. Each Department Head shall promptly refer
any such incident to the Borough Administrator.
The Employer will promptly and thoroughly investigate all reports of threats of (or actual) violence and/or
suspicious individuals or activities. Any individual determined to be responsible for conduct in violation
of this policy will be subjected to disciplinary action up to and including termination of employment,
arrest and prosecution.
Nothing in the policy alters any other reporting obligation established in the Employer’s policies or in
state, federal or other applicable law.
Confidentiality and Retaliation. This policy prohibits retaliation against any employee who, in good faith,
reports a violation of this policy. Every effort to the extent practicable will be made to protect the safety
and identity of anyone who comes forward with concerns about a threat or act of violence. Employees
shall refer any questions regarding his or her rights and obligations under the policy to the Borough
Administrator.
19
WHISTLEBLOWER POLICY
As a matter of policy, the Employer abides by all federal, state, and local laws, rules, and regulations
applicable to it and has all its employees do the same. Every employee is responsible for assisting the
Employer to implement this policy.
In the ordinary course, a violation of this policy should be reported to an employee's Department Head in
writing, signed by the employee. If that is not practical or if that action is taken but does not prevent or
correct the perceived violations, the employee is to deliver a written statement, signed and dated to the
designated Borough Administrator. The written statement should detail the specific information the
employee possesses so that the Employer may undertake an investigation.
The Employer or any of its employees will not retaliate against any employee who makes a good faith
report pursuant to this policy, even if an investigation reveals that no violation occurred. More
specifically, neither the Employer nor any of its employees will take any retaliatory action or tolerate any
reprisal against an employee who:
Discloses, or threatens to disclose, to a supervisor or to a public body an activity, policy or practice of the
Employer or another employer, with whom there is a business relationship, that the employee reasonably
believes is in violation of a law, or a rule or regulation issued under the law, or, in the case of an employee
who is a licensed or certified health care professional, reasonably believes constitutes improper quality of
patient care;
Provides information to, or testifies before, any public body conducting an investigation, hearing or
inquiry into any violation of law, or a rule or regulation issued under the law by the Employer or another
employer, with whom there is a business relationship, or, in the case of an employee who is a licensed or
certified health care professional, provides information to, or testifies before, any public body conducting
an investigation, hearing or inquiry into quality of patient care;
Provides information involving deception of, or misrepresentation to, any shareholder, investor, client,
patient, customer, employee, former employee, retiree or pensioner of the employer or any government
entity;
Provides information regarding any perceived criminal or fraudulent activity, policy or practice of
deception or misrepresentation which the employee reasonably believes may defraud any shareholder,
investor, client, patient, customer, employee, former employee, retiree or pensioner of the Employer or
any governmental entity.
Objects to, or refuses to participate in, any activity, policy or practice which the employee reasonably
believes: (1) is in violation of a law, or a rule or regulation issued under the law or, if the employee is a
licensed or certified health care professional, constitutes improper quality of patient care; (2) is fraudulent
or criminal; or (3) is incompatible with a clear mandate of public policy concerning the public health,
safety or welfare or protection of the environment. See N.J.S.A. 34:19-3.
20
Disclosure to the Employer first, however, is not required where (1) the employee is reasonably certain
that the violation is known to one or more officials; (2) where the employee reasonably fears physical
harm; or (3) the situation is emergent in nature. The employee must give the Employer a reasonable
opportunity to correct the activity, policy or practice. It is the Employer's responsibility to correct or
prevent such violations. This is a legal obligation and a practical necessity. A violation can taint the
credibility of the Employer and cause the Employer and its employees to be subjected to adverse publicity
leading to public distrust.
This policy is important to the Employer. Each employee should seek to resolve any problem within
Employer channels before reporting it to any outside person or entity.
21
SECTION TWO: EMPLOYEE BENEFITS
22
COMPENSATION
The Employer will pay its employees in accordance with the provisions of applicable collective bargaining
agreements, ordinances, and in compliance with the Fair Labor Standards Act (“FLSA”) and the New
Jersey Wage and Hour Law.
Unless otherwise specified by collective bargaining agreement, the Employer pay periods are from the 1st
to the 15th and the 16th to the last day of each month. Paychecks are issued on 15th and last day of each
month.
No paychecks may be issued in advance of the normal payday, except if approved by the Department
Head and Borough Administrator for special reasons, such as an upcoming vacation.
Employees must cash their paychecks on personal time, not during official Employer working hours.
Compensation for all employees will be in concert with the recognized bargaining agents of the
employees, where applicable.
Employees are not entitled to retroactive pay increases if an employee separates employment, voluntarily
or involuntarily, from the employ of the Employer prior to the retroactive payment, unless otherwise stated
in the applicable collective bargaining agreement.
23
OVERTIME
The Employer complies with all applicable federal and state laws with regard to payment of overtime
work, including the New Jersey Wage and Hour Law and the federal Fair Labor Standards Act.
Under the Fair Labor Standards Act, certain employees in managerial, supervisory, administrative,
computer or professional positions are exempt from the provisions of the Act. There are also employees
who may be exempt because their compensation exceeds $100,000 per year depending upon their job
duties. The Borough Administrator shall notify all Exempt employees of their status under the Act.
Exempt employees are not eligible to receive overtime compensation and are required to work the normal
workweek and any additional hours needed to fulfill their responsibilities. Time off consideration for
large amounts of additional hours may be provided with the Borough Administrators prior approval and
at the sole discretion of the Borough Administrator.
Depending on work needs, employees may be required to work overtime. Employees are not permitted
to work overtime unless the overtime is budgeted and approved by the Department Head and/or the
Borough Administrator. Employees working overtime without prior approval will be subject to
disciplinary action.
Non-exempt employees are paid overtime at the rate of one and one-half times the regular rate of pay for
all hours worked over forty (40) in a workweek. Employees may choose overtime compensation in the
form of overtime pay or compensating time off. The maximum number of hours that an employee may
accrue for future compensatory time off is forty (40) hours. Once this maximum has been accumulated,
all additional hours will be compensated by overtime pay.
Accrued and taken overtime compensatory hours must be noted on the employee’s time sheet. Previously
scheduled vacation time and holiday time are considered time worked for purposes of determining
overtime compensation, but sick time and personal time are not.
Employees who are subject to a collective bargaining agreement will be paid overtime in accordance with
such applicable agreement.
24
MEDICAL BENEFITS
PLEASE
NOTE:
FULL
DETAILS
OF
EMPLOYEE'S
HEALTH,
MEDICAL
AND
HOSPITALIZATION PLANS CAN BE FOUND IN THE OFFICIAL INSURANCE PLAN
DOCUMENTS. IF THERE IS ANY CONFLICT OR INCONSISTENCY BETWEEN THE
INFORMATION IN THE POLICY AND PROCEDURES MANUAL AND THE OFFICIAL
DOCUMENTS, THE OFFICIAL DOCUMENTS WILL GOVERN. THE EMPLOYER RESERVES
THE RIGHT TO MODIFY, REVOKE, SUSPEND, TERMINATE OR CHANGE ANY OR ALL
SUCH PLANS, IN WHOLE OR IN PART, AT ANY TIME WITH OR WITHOUT NOTICE IN
ACCORDANCE WITH APPLICABLE LAW. THE EMPLOYER ALSO RESERVES THE RIGHT
TO CHANGE INSURANCE CARRIERS IN ACCORDANCE WITH APPLICABLE LAW.
Part-time and full-time temporary or seasonal employees are not entitled to medical insurance benefits.
Failure to complete all necessary paperwork in accordance with the time frames advised by the
Employer will result in a delay of coverage. Additionally, failure to enroll dependents or to make
other changes or corrections in coverage may jeopardize available benefits. All employees must notify
the Employer of any change in status (i.e., marriage, divorce, birth, adoption, death) within the time
frame designed by the health benefit plan that would affect any employer-provided health insurance.
The Employer reserves the right to conduct a coverage audit to verify proper coverage for employees
and eligible dependents.
Dependent Defined. The Employer defines “dependents” as used in this policy as it is defined under
the State Health Benefits Program. Dependents means an employee’s spouse and the employee’s
unmarried children under the age of twenty-six (26) years who live with the employee in a regular
parent-child relationship.
“Children” includes stepchildren, legally adopted children and foster children provided that they are
reported for coverage and are wholly dependent upon the employee for support and maintenance. See
N.J.S.A. § 52:14-17.26. A spouse or child enlisting or inducted into military service shall not be
considered a dependent during the military service.
The term “dependents” does not include spouses of retired persons who are otherwise eligible for
benefits under the State Health Benefits Program (N.J.S.A. § 52:14-17.25 et seq.) but who, although
they meet the age eligibility requirement of Medicare, are not covered by the complete federal
program.
Medical/Hospitalization Coverage. The Employer provides major medical and hospitalization
insurance for the employee. The Employer may provide major medical and hospitalization coverage
for the employee’s eligible dependents.
Full-time employees working on average thirty (30) hours per week or more and, if applicable, their
eligible dependents become eligible to participate in the Employer’s major medical and hospitalization
insurance plans in accordance with current health plan documents.
25
Payments of such premiums by the Employer will terminate upon the employee’s separation from
service. Upon separation, the employee may, if eligible, purchase continuation health benefit coverage
to the extent, and for the period, provided by federal law.
Prescription Drug Coverage. The Employer provides prescription drug insurance for the employee.
The Employer may provide prescription drug coverage for the employee’s eligible dependents.
Employees will be responsible to pay a co-pay on prescriptions. Full-time employees and their eligible
dependents become eligible to participate in the Employer’s prescription insurance plan in accordance
with current plan documents.
Payments of such premiums by the Employer will terminate upon the employee’s separation from
service. Upon separation, the employee may, if eligible, purchase continuation health benefit coverage
to the extent, and for the period, provided by federal law.
Dental Coverage. Full-time employees and, if applicable, their eligible dependents become eligible
to participate in the Employer’s dental plan in accordance with current plan documents. All full-time
employees, and, if applicable, their eligible dependents, shall be eligible for enrollment in the
Employer's dental plan in accordance with the specific requirements of the insurance plan carried by
the Employer.
The Employer provides dental insurance for the employee. Unionized employees receive dental
coverage in accordance with applicable collective bargaining agreements. The Employer may provide
dental coverage for the employee’s eligible dependents.
Payments of such premiums by the Employer will terminate upon the employee's separation from
service. Upon separation, the employee may, if eligible, purchase continuation health benefit coverage
to the extent, and for the period, provided by federal law.
Continuation Coverage. An employee and his/her family, if covered by the Employer’s group health
care package, shall have the right to temporarily continue their coverage due under the plan, paying
the group rate themselves, should they lose coverage due to the death of the enrolled employee or
termination for reasons other than gross misconduct on the employee’s part, pursuant to the federal
Consolidated Omnibus Budget Reconciliation Act (COBRA). For additional information, contact the
Borough Administrator.
26
CLASSIFICATION AND PROMOTION
Individuals employed by the Employer fall within the jurisdiction of the New Jersey Civil Service
Commission (“CSC”), which regulates employment within State, County, and Municipal governments
through a merit system. As an employee of the Employer, you are subject to the rules and regulations of
the CSC.
Classification
Individuals employed by the Employee fall within either “classified” or “unclassified” service.
“Classified” employees may be either full or part-time, temporary, provisional or permanent. The
classified service is divided into competitive and non-competitive. The competitive division includes all
positions which require special skills. Those in the competitive division are subject to examinations given
under the auspices of the CSC.
“Unclassified” employees are those elected by popular vote, appointees of the governing body,
Department Heads and/or employees for whom the statutes of the State of New Jersey prescribe fixed
terms. These employees are not technically subject to the provisions of the CSC. However, the
Employer’s policy is to grant unclassified employees essentially the same fringe benefits and procedural
rights as their counterparts in the classified service. For any questions as to which fringe benefits apply
to unclassified employees, the Borough Administrator should be contacted.
Employment/Promotional Examinations
Pursuant to N.J.A.C. 4A:1-1 et seq., CSC examination may be written, oral or an evaluation based on
education, training and experience. CSC examinations may be either open competitive or promotional
depending upon the circumstances involved. In either case, a certified list will result. To be eligible for
an open competitive examination, you must meet the qualifications established by the CSC at the time of
filing. Preference in open competitive certification and appointment is given to those who successfully
pass examinations in the following order: (i) disabled veteran; (ii) veteran; and (iii) non-veteran.
Promotional examinations are competitive and only open to qualified employees within the department
where the promotional opportunity exists. To compete in a promotional examination and to be eligible
for promotion, you must have permanent employment status and meet the specific qualifications
established by the CSC, as described in the individual Promotional Announcement.
Probationary Period – Employees in all divisions of the classified service must serve a working test period
after regular appointment as delineated by the CSC. This probationary period enables the Department
Head to evaluate the new employee’s conduct and work performance before permanent status is achieved.
27
HIPAA COMPLIANCE
The Employer is committed to upholding both the letter and the spirit of the Health Insurance
Portability and Accountability Act (“HIPAA”) regarding the use, maintenance, transfer, and
disposition of personal health care information. To the extent that the Employer maintains such
information about its employees and others, its elected officials and employees are committed to
protecting the privacy and confidentiality of that information.
28
2
1
WORKERS’ COMPENSATION
Employees who suffer job-related injuries and illnesses may be entitled to medical expenses, lost
income and other compensation under the New Jersey Workers’ Compensation Act. Any occupational
injury or illness must be immediately reported to the supervisor or Department Head. All required
medical treatment must be performed by a workers’ compensation physician appointed by the
Employer or workers’ compensation carrier. Workers’ Compensation is not a leave entitlement but
only a wage replacement arrangement.
Payment for unauthorized medical treatment may not be covered. No temporary Workers’
Compensation benefits other than the payment of medical bills shall be paid until the employee has
been disabled for a period of seven (7) calendar days from the work-related injury, unless otherwise
required by law.
While receiving workers’ compensation benefits, the pension portion of an employee’s benefits will
still be paid by the Employer. If, however, an employee is receiving workers’ compensation with pay,
(which is defined as one hundred (100%) percent compensation of salary) the employee is responsible
for all deductions, including pension.
The Employer will not tolerate retaliation or discrimination against an individual because the
individual has filed a claim for workers' compensation benefits. This prohibition includes denying or
limiting any request for leave because an individual asserted a claim for workers' compensation
benefits.
Workers’ Compensation Light Duty Policy. The Employer will endeavor to bring employees with
temporary work-related injuries or illnesses back on the job as soon as possible. The Employer may
recognize a special obligation arising out of the employment relationship and create a temporary light
duty position for an employee when s/he has been injured while performing work for the Employer
and, as a consequence, is unable to perform his/her regular job duties.
The Employer will not treat an employee with a disability less favorably than an individual without a
disability or screen out an individual on the basis of disability in granting such requests for light duty.
The Employer will grant such request, at its sole discretion, and on a case-by case basis in
consideration of the medical report submitted by the workers’ compensation physician, the
recommendation of the insuring entity, and staffing needs and requirements. The Employer reserves
the right to grant, refuse or terminate a light duty assignment at any time without cause unless it is in
conflict with the mandates of the ADA, FMLA, or NJFLA or other state or federal leave laws, where
applicable.
The employee and/or the Third Party Administrator (“TPA”) are obligated to inform the Employer of
the employee’s medical progress and the Employer shall have the right to review same periodically.
Light duty assignments may be in any department and not just the employee’s normal department.
Employees on light duty will receive their regular salaries. If light duty is approved, the employee or
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TPA must keep the Borough Administrator informed of the medical progress. If, at the end of light
duty period the employee is not able to return to work without restrictions, the employee should contact
the Borough Administrator to discuss his or her options under state or federal law.
This policy does not affect an employee’s rights under the Americans with Disabilities Act, the Family
and Medical Leave Act, the Fair Labor Standards Act, the Contagious or Life Threatening Illnesses
Policy, or other Federal or State law.
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Investigation Policy Form
REPORT FORM – PART 1
Electrical incidents, water leaks, bodily fluids: Report immediately to Department Head
Employee: complete part 1 and provide to your Supervisor IMMEDIATELY
Supervisor: Incident?
No first aid or higher treatment,
no property damage, no public
involvement. Circle “incident” and
forward completed part 1 to
Department Head.
O
R
Supervisor: Accident/illness? Circle yes event.
Upon safely securing scene, IMMEDIATELY submit completed
Part 1 to the Borough Clerk, contact Department Head and (after
regular business hours) call Borough Administrator.
Section A: PERSONAL and EVENT DETAILS (Circle or complete responses)
Title:
Last Name:
First Name:
Date of Birth:
Are you:
Employee Public visitor
Sex:
M/F
Department
Employee ID No:
Home address:
Email address:
Phone: (w)
Phone: (h)
Date and time of event:
Location:
What was the event and how did it happen?
Witness Name(s), address, telephone:
Signed (employee, public visitor):
Date:
Signed (Supervisor):
Date:
Section B: INJURY/ILLNESS DETAILS (If applicable) Use this section to also report workplace disease
Type of injury or disease (EG burn):
Part(s) of the body affected:
Needle stick injury/sharps injury/exposure to body fluid: Contact details of source patient (if applicable):
Name:
Address:
Phone:
Date and time when symptoms noticed:
Was medical treatment given?
No / First Aid / Nurse / Doctor / Hospital
Name of person giving initial treatment:
Date and time initial treatment given:
If an Employer employee, does the injured person intend to lodge a claim for workers’ compensation? Yes / No / Unknown
If an Employer employee, will time be lost as a result of this injury? Yes / No
How many hours/days?
If a public visitor or, does injured person intend to lodge a claim? Yes / No / Unknown
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INVESTIGATION CHECKLIST – PART 2
Department Heads are required to investigate all incidents/injuries to conclude what happened, how it happened, why it happened, and
what should be done to prevent further occurrences. Department Heads may request through the Borough Administrator specific
assistance from trained investigators and inspectors.
PART 2 Instructions: Department Heads Complete Part 2 within FIVE (5) WORKING DAYS of event and forward to Borough
Administrator.
Who is involved in completing this investigation?
Department Head:
Department Supervisor:
Assisting:
Assisting:
Assisting:
Assisting:
Section 1: INVESTIGATION CHECKLIST: (Questions to ask the person involved with the incident. Modify the “you” in the
questions for use by witnesses).
Event/Injury: How do you think the event / injury happened and what were you doing at the time?
How long had you been working prior to the event / injury?
How long had you been working on this task?
Is this task part of your normal duties?
□ Yes □ No
Have you been instructed / trained in this task? □ Yes □ No
What were you doing prior to the event / injury?
Are there any other factors involved (management, the environment, equipment, maintenance, individuals)?
What do you think could have been done to prevent this event from occurring?
Any other comments or observations?
Please circle the most appropriate response(s):
What sort of incident/injury occurred?
Manual Handling / Occupational Overuse Syndromes (OOS) / cuts / bruises / burns /
falls / slips / trips / vehicles / bicycles / chemicals / insects / animals / foreign body / plant / stress / other…
Location where incident occurred?
Type of injury:
sting / bite / kick / puncture / strain / sprain / chemical / slip / trip / fall / other…
Standard operating procedures followed?
Yes / No / N/A
Identification of equipment/object/insect involved:
Equipment in good condition?
Yes / No / N/A
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Date of last service of equipment:
Appropriate safety equipment (PPE) used?
Yes / No / N/A
Lighting adequate?
Yes / No / N/A
Housekeeping issues contributed?
Yes / No / N/A
Confined Space?
Yes / No / N/A
Surface type: cement / tile / grass / dry / wet / damaged / torn / sand / footpath / carpet / gravel / rocks / road / other…
Type of shoes worn: open / closed / boots / high heels / sandals / none / other…
Workload excessive?
Yes / No / N/A
Workload boring and repetitive?
Yes / No / N/A
If it was a slip or trip: Height of fall / slip / trip?
Were you running / walking / turning a corner / jumping / other?
If stairs: going up / going down?
Did you fall on your front / back / side?
What were you carrying (if anything) at the time?
If the incident involved chemicals: Was an MSDS (Material Safety Data Sheet) available?
Yes / No / N/A
Disposal / handling / storage of chemical product adequate?
Yes / No / N/A
If the incident involved manual handling: Were work items within easy reach?
Yes / No / N/A
Ergonomic equipment available?
Yes / No / N/A
Was the equipment being used correctly?
Yes / No / N/A
Repetitive and/or forceful movements used?
Yes / No / N/A
Action involved reaching / bending / stooping / sitting / kneeling / twisting / pushing / pulling / lifting /
catching / lowering / carrying
Weight of object?
Distance carried / position of object moved from/to?
Height of load?
If the incident involves a vehicle or bicycle: traffic conditions:
Weather conditions:
dry / wet / foggy / night / day
Intersection / turning right or left / driveway / straight road
Speed prior to incident?
Traveling to work / lunch time / after work / to home / work related travel
Any other factors involved?
Investigator’s comments and observations:
33
ACTION REPORT SAFETY RECOMMENDATIONS FORM – PART 3
PART 3 Instructions: Department Heads complete Part 3 within TEN (10) WORKING DAYS of event and forward to the Borough
Administrator.
A hierarchy of control should be used to assist with the prevention of future similar injuries. The ‘hierarchy of control’ depicts the most
to the least effective methods, as shown in the table below. This is the most important part of the investigation process! Do not leave
blank.
Risk Control Options
Action Required
By Whom
By When
Elimination – do you have to do the task?
Substitution – is there another way you
can do the task?
Engineering – can you engineer a way to
make the job safer? (Job Safety Analysis
sheets may give clues)
Administration – can you improve work
practices? E.g. limit time of exposure
Personal Protective Equipment (PPE)
Date feedback provided to person reporting the event:
Signed:
Print Name:
Ph:
Position:
Date:
Safety Committee Recommendations
Date Part 1 received:
Date Part 2 received:
Date Part 3 received:
Date Completed:
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Witness Report
Your Name:
Home Phone:
Address:
Work Phone:
City:
State:
Zip:
Social Security No.:
Date Form Completed:
Date of Incident/Accident:
Approximate Time:
Location:
Did You See this Incident/Accident?
❑ Yes
❑ No
If Yes, Please Give a Description of What Happened:
Was Anyone Injured?
❑ Yes
❑ No
If Yes, Please List:
Name:
Type of Injury:
Was Injured Person Taken, Or Go, To Nurse’s Station?:
❑ Yes
❑ No
Were There Any Other Witnesses?:
❑ Yes
❑ No
If Yes, Please List Names:
I certify that this Witness Report has been read and completed to the best of my ability and that all
information submitted is true.
Signature of Witness:
Date:
35
PAID HOLIDAYS POLICY
Employees are entitled to the following paid holidays:
New Year’s Day
President’s Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Day following Thanksgiving Day
Christmas Eve
Christmas Day
In addition to the list above, a date for one (1) Floating Holiday will be chosen by Borough Council at the
beginning of each year, to be observed by all eligible employees.
The official holidays shall be celebrated by all employees with the exception of the Superintendent of
Public Works who shall celebrate the holidays listed in the agreement with the Waldwick Public Works
Association.
Public Safety Telecommunicators who work on a holiday shall receive additional time off for each such
day on an hour by hour basis worked on that holiday. There shall be a limit of two such days in a calendar
year. In addition to these two days, if a Public Safety Telecommunicator works on Thanksgiving Day or
Christmas Day they shall be given additional time off on an hour by hour basis worked on that holiday.
This additional time off shall be without any financial impact on the Borough and the selection thereof
shall be subject to the scheduling and manning requirements of the department as determined by the Chief
of Police.
Part-time employees shall be entitled to a proportionate amount of holiday leave based on the number of
hours scheduled to work versus the number of hours in the work week, excluding unpaid lunch hours.
Temporary and seasonal employees are not eligible for holiday leave.
The Employer reserves the right to change or delete the holidays set forth above.
36
This policy is not intended to conflict with the collective bargaining agreement between the
Employer and its unionized employees. If there is a conflict between this Manual and any
collective bargaining agreement, the provisions of the collective bargaining agreement will prevail
for represented employees.
Weekend Holidays. If a paid holiday falls on a Sunday, it will be observed on the following Monday. If
a paid holiday falls on a Saturday, it will be observed on the preceding Friday. Employees who work on
weekends will observe the holiday on the actual day.
Eligibility for Holiday Pay. To qualify for holiday pay, employees must be in pay status the scheduled
workday immediately preceding and immediately following the holiday. Any employee who is absent
without Borough approval on the day before or the day after a holiday shall not receive holiday pay unless
the absence was approved in advance. If a paid holiday occurs while an employee is on approved vacation
or sick leave, the employee shall not have that holiday charged as sick or vacation time.
Religious Holidays. Employees who wish to observe religious holidays not designated as a holiday by
the Employer may do so without loss of pay by using available personal or vacation days, but only to the
extent that the employee has not already used up his or her available personal or vacation days.
37
SECTION THREE: LEAVES OF ABSENCE
38
VACATION LEAVE POLICY
Unless otherwise stipulated in an employment agreement, collective bargaining agreement or Civil
Service laws (where applicable), vacation is an accrued benefit based on the following schedule:
Full-Time Employees:
One (1) day for each full month of continuous service during the first calendar year of employment
(“Year 1”) after completing ninety (90) day probationary period.
Twelve (12) days for Years Two (2) through Six (6), inclusive.
Eighteen (18) days for Years Seven (7) through Fourteen (14), inclusive.
Twenty Four (24) days for Years Fifteen (15) through Twenty Four (24), inclusive.
Twenty Five (25) days for Years Twenty Five (25) through Twenty Nine (29), inclusive.
Twenty Six (26) days for Years Thirty (30) and over.
During an employee’s ninety (90) day probationary period, no vacation time is earned or available. Upon
completion of the probationary period, one day will be credited for each month worked (calculated back
to date of hire).
Part-Time Employees: Part-time employees shall accrue time on a pro-rata basis based on the schedule
above.
Temporary/Seasonal Employees: Temporary and seasonal employees are not eligible for vacation leave
benefits.
Approval of Vacation Leave. An employee’s supervisor must approve the use of vacation time, in
advance. While approval of vacation leave shall not be unreasonably withheld, the use of vacation leave
shall be subject to staffing levels as solely determined by the supervisor or Department Head. Employees
should submit vacation requests as early as possible to ensure adequate staffing. Absent emergent
circumstances, a request to use vacation leave submitted less than three (3) days prior to the day(s) off
requested shall be granted only at the discretion of the Department Head.
Employees shall be permitted to carry a maximum of one (1) year’s accrued vacation time in addition to
the employee’s allotted time for the current year. No employee may carry more than one year’s worth of
vacation time to the next year without written approval of the Employer.
The allotments described in the paragraph above, assumes that the employee will work the entire calendar
year. If the employee leaves service for whatever reason during the year they shall only be credited
vacation time for that year on a pro-rated basis.
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The vacation allotment for Public Safety Telecommunicators shall be as described in this section, with
each earned working day still defined as eight hours in duration, even though they work a twelve hour
day.
The status of each employee with respect to annual vacation leave shall be determined on the anniversary
date of the employee's appointment as an employee.
Upon the death, retirement or termination of employment for any reason, there shall be paid to such
member or to his estate a sum equal to one (1) day of pay for each accumulated unused vacation day.
40
PERSONAL DAY POLICY
Upon completing a ninety (90) day probationary period, employees are entitled to three (3)
personal days per year.
An employee may take personal leave for personal, business, or religious reasons. All non-
contractual full-time employees shall receive one (1) personal leave day after each completed four (4)
consecutive months of employment prior to the January 1 after their date of hire. All full-time employees
shall be granted three (3) personal leave days at the beginning of each calendar year in anticipation of
continued employment. Part-time, temporary and seasonal employees are not eligible for personal leave
benefits.
An employee must apply for personal leave to his/her supervisor, in writing. The employee must
provide the reason for the requested leave and apply for it as far in advance as possible, but not less than
seventy-two (72) hours prior to the leave. An employee may take personal leave only if his/her supervisor
or designee approves and grants the leave. No personal leave will be applied for, approved, or granted
immediately before or after any vacation period, holiday period, or weekend, except under extraordinary
circumstances.
Employees must take personal leave in the calendar year in which it is earned. Personal leave days
cannot be accumulated from year to year. Any employee who exhausts all of his or her personal leave in
any one (1) year shall not be credited with additional paid personal leave until the beginning of the next
calendar year. An employee who has resigned, was dismissed or has otherwise been separated from
employment will not be paid for any unused personal time.
41
SICK LEAVE POLICY
Employees may accrue up to fifteen (15) working days of sick leave per calendar year. New employees
shall only receive one working day for the initial month of employment if they begin work on the 1st
through the 8th day of the calendar month, and one-half working day if they begin on the 9th through the
23rd day of the month.
After the initial month of employment and up to the end of the first calendar year, employees shall be
credited with one working day for each month of service. Thereafter, at the beginning of each calendar
year in anticipation of continued employment, employees shall be credited with fifteen (15) sick days.
The sick leave allotment for Public Safety Telecommunicators shall be as described in this section, with
each earned working day still defined as eight hours in duration, even though they work a twelve hour
day. Part-time and ten (10) month employees shall be entitled to a proportionate amount of paid sick
leave.
An employee who exhausts all paid sick days in any one year shall not be credited with additional paid
sick leave until the beginning of the next calendar year. Paid sick days shall not accrue during a leave of
absence without pay or suspension but shall continue to accrue during a voluntary furlough or furlough
extension leave.
Sick leave credits shall not accrue after an employee has resigned or retired, although his or her name is
being retained on the payroll until exhaustion of vacation or other compensatory leave.
An employee who abuses this policy will be subject to disciplinary action, up to and including termination
of employment.
Carry-Over of Sick Time. Unused sick leave shall accumulate from year-to-year without limit. The
accumulation continues indefinitely until the time of the employee’s retirement.
Permissible Use of Sick Time. Sick time is intended for the following uses:
Personal illness or injury of the employee or the employee’s family member.
For medical care for a personal illness or injury of the employee or the employee’s family member.
Exposure to contagious disease.
Care, for a reasonable period of time, of a seriously ill member of the employee's immediate family;
immediate family shall be defined as an employee’s spouse, domestic partner, child, legal ward,
grandchild, foster child, father, mother, legal guardian, grandfather, grandmother, brother, sister, father-
in-law, mother-in-law, and other relatives residing in the employee's household.
Death in the employee's immediate family, for a reasonable period of time.
42
By an employee with a disability for absences related to the acquisition or use of an aid for the disability
when the aid is necessary to function on the job. In such cases, reasonable proof may be required by the
Employer.
Reporting Sick Time. Employees needing to utilize a sick day shall contact the Department Head (or his
designee) at least thirty (30) minutes prior to the scheduled start of the work day. Upon request, employees
shall be required to produce verification to substantiate the need for and the appropriate use of sick time.
Such shall consist of a note from a heath care professional attesting to the existence of the employee’s or
his or her family member’s illness or injury and/or the employee's fitness to return to work to their
Department Head. Such note shall not include details regarding the employee or his or her family
member’s actual illness.
Employees who must take five (5) or more consecutive sick days may be eligible for benefits under the
Workers' Compensation Policy and should contact the Borough Administrator. Such absence may also
qualify for leave pursuant to federal, state or local law. If you have questions as to whether your illness
or injury or that of your family member may qualify you for any such leaves, please contact the Borough
Administrator.
Earned Sick Leave Law:
For those employees who do not receive sick time pursuant to Civil Service laws or regulations,
or pursuant to any other law, rule, or regulation of this State, or who are not covered under an applicable
collective negotiations agreement, the following sick leave policy shall apply, to the extent required by
the New Jersey Earned Sick Leave Law:
For every 30 hours worked, an employee shall accrue one hour of sick leave. An employee may
accrue or use in any year, or carry forward from one year to the next, no more than 40 hours of earned
sick leave. However, an employee may not use more than 40 hours of sick leave per benefit year.
The Employer permits an employee, pursuant to N.J.S.A. § 34:11D-3(a), to use the earned sick
leave accrued for any of the following instances:
(1)
Time needed for diagnosis, care, or treatment of, or recovery from, the employee’s own
mental or physical illness, injury or other adverse health condition, or for preventive medical care
for the employee;
(2)
To aid or care for a family member during diagnosis, care, or treatment of, or recovery
from, the family member's mental or physical illness, injury or other adverse health condition, or
during preventive medical care for the family member;
(3)
If an employee or a family member are a victim of domestic or sexual violence, and are
obtaining services from a designated domestic violence agency or other victim services
21
43
organization, medical attention, legal services, counseling, or are relocating due to the domestic or
sexual violence;
(4)
Closure of an employee’s workplace, or of the school or place of care of an employee’s
child, due to an epidemic or public health emergency, or because of the issuance by a public health
authority of a determination that the presence of the employee or their family member in the
community would jeopardize the health of others; or
(5)
If an employee needs to attend a school-related conference, meeting, function or other
event requested or required by an administrator, teacher, or other professional school staff member
responsible for the education of the employee’s child, or to attend a meeting regarding care
provided to the child in connection with the child’s health conditions or disability.
In regard to the above, the Employer requires three (3) days’ notice for any foreseeable use of
leave. If the use of leave is unforeseeable, the employee should notify the Employer as soon as practicable
of their need to use same. Should an employee need to use three (3) or more consecutive days of leave,
said employee must provide the Employer with reasonable documentation that the leave is being taken for
one of the purposes permitted above. Reasonable documentation shall be as defined in N.J.S.A. § 34:11D-
3(b).
An employee is eligible to use the earned sick leave beginning on the 120th calendar day after the
employee starts work. The employee may subsequently use earned sick leave as soon as it is accrued.
Employees will not be paid for any unused sick leave, except as expressly required by federal or State
Laws, or an applicable collective negotiations agreement.
An employee who exhausts all paid sick leave in any one year shall not be credited with additional
paid sick leave until the beginning of the next calendar year.
Employees Covered under a Collective Bargaining Agreement – The employment details set out in
this policy work in conjunction with, and do not replace, amend or supplement any terms or
conditions of employment stated in any collective bargaining agreement that a union has with the
Employer. Wherever employment details in this policy differ from the terms expressed in a
collective bargaining agreement with the Employer, the specific terms of the collective bargaining
agreement will control.
44
Vacation, Sick, Personal Leave – General Conditions
Advancement of Accrued Paid Time Prohibited. Employees may carry accrued vacation/sick time
forward as set forth above, but in no case may an employee borrow time from a future year.
Incremental Use of Accrued Paid Time. Employees are permitted to use vacation, sick and personal
time in one-half (1/2) day increments.
Absences Not Covered by this Policy. This policy addresses absences for vacation/sick/personal
leave. It does not cover other absences, such as unexcused absences or absences for family and
medical leave, military service leave, military family leave, short- or long-term disability leave,
workers' compensation leave, bereavement leave, jury duty leave, victims of crime leave or any other
leaves offered by the Employer.
No Accrual of Sick, Vacation or Personal Days During Certain Absences. Employees may not accrue
sick, vacation or personal days during unpaid leaves of absence or other periods of inactive service
unless required by law.
45
DONATED LEAVE PROGRAM
The Employer will permit employees to voluntarily donate accrued benefit time, including sick and/or
vacation days, to a fellow employee of the Employer who has exhausted their own earned leave as a result
of a catastrophic health condition or injury suffered by themselves or an immediate family member which
is expected to require a prolonged absence from work. The Donated Leave Program will be administered
in such a manner as to ensure the goals of the program are met without interfering with any employee's
rights to privacy as otherwise protected by Federal or State law, rules or regulations.
Eligibility. A permanent full-time employee shall be eligible to receive donated sick or vacation leave if
the employee:
1. Has completed at least one year of continuous service;
2. Has exhausted all accrued sick, vacation, personal, compensatory and administrative leave as well as
all sick leave injury benefits, if any;
3. Has not, in the two-year period immediately preceding the employee's need for donated leave, been
disciplined in writing for chronic or excessive absenteeism, chronic or excessive lateness or abuse of
leave; and
4. Either:
a) Suffers from a catastrophic health condition or injury;
b) Is 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) Requires absence from work due to the donation of an organ (which shall include, for example, the
donation of bone marrow).
Definitions.
"Catastrophic Health Condition or Injury" shall mean:
With respect to an employee, a "catastrophic health condition or injury" is a life-threatening condition
or combination of conditions or 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 who provides a medical verification
of the need for the employee's absence from work for sixty (60) or more work days.
With respect to an employee's immediate family member, a "catastrophic health condition or injury" is
a life-threatening condition or combination of conditions or a period of disability required by his or her
mental or physical health and requiring the care of a physician who provides a medical verification of the
need for the family member's care by the employee for sixty (60) or more work days.
46
"Immediate Family Member" shall mean: Father, mother, father-in-law, mother-in-law, spouse, domestic
partner, child, son-in-law, daughter-in-law, grandparent, grandchild, brother or sister. Any interpretation
of this definition shall be made in the sole discretion of the Borough Administrator.
"Leave Recipient" shall mean an employee who is desirous of accepting leave time accrued and donated
by fellow employees.
"Leave Donor" shall mean an employee who is desirous of providing, without compensation, accrued sick,
vacation, or personal days to a fellow employee dealing with a Catastrophic Health Condition or Injury.
Procedure.
1. Written Request - An employee may submit a request, in writing, to their Department Head or the
Borough Administrator to participate in the Donated Leave Program either as a Leave Recipient or Leave
Donor. A supervisor may submit a request to receive time on behalf of an employee unable to make the
request.
2. Medical Verification - The employee requesting the employee's acceptance as a Leave Recipient shall
submit to the Employer medical verification, signed by a physician licensed by the State of New Jersey,
concerning the nature and anticipated duration of the disability resulting from either the catastrophic health
condition or injury, or the donation of an organ, as the case may be. The medical verification required for
the receipt of donated leave shall include the nature and anticipated duration of the catastrophic health
condition or injury, or the donation of an organ. The same medical documentation set forth above will be
required whether applying for donated leave to care for one's self or immediate family member.
3. Notice - Upon approval by the Borough Administrator, the Department Head or Supervisor shall, with
the Leave Recipient's consent, post or circulate the employee's name along with those of other eligible
employees in a conspicuous manner to encourage the donation of leave time. If the employee is unable
to consent to this posting or circulation, the employee's family may consent on his or her behalf.
Participation Requirements.
1. Leave Recipient must receive at least five (5) sick days or vacation days or a combination thereof from
one or more leave donors to participate in the donated leave program.
2. Leave Recipient may not collect worker's compensation insurance benefits while utilizing time donated.
3. Leave Recipient is limited to a lifetime maximum of two-hundred and sixty (260) donated sick days or
vacation days and shall not receive any such days on a retroactive basis.
4. Leave Donors shall have remaining at least twenty (20) days of accrued sick leave if donating sick leave
and at least twelve (12) days of accrued vacation leave if donating vacation leave.
5. Leave Donor shall donate only whole sick days or whole vacation days and may not donate more than
thirty (30) such days to any one recipient.
6. Leave Donor shall not revoke the leave donation.
47
7. While using donated leave time, the Leave Recipient shall accrue sick leave and vacation leave under
the normal Employer policies and shall be entitled to retain such leave upon his or her return to work.
8. Upon a Leave Recipient's return to work or separation from employment for any reason, any unused,
donated leave shall be returned to the Leave Donors on a prorated basis upon the Leave Recipient's return
to work, except that if the proration of leave days results in less than one day per donor to be returned,
that the leave time shall not be returned.
9. Upon retirement, the Leave Recipient shall not be granted supplemental compensation on retirement
for any unused days which he or she had received through the leave donation program.
10. An employee shall be prohibited from threatening or coercing or attempting to threaten or coerce
another employee for the purpose of interfering with rights involving the voluntary donation, receipt or
use of donated leave time. Such prohibited acts shall include, but not be limited to, promising to confer
or conferring a benefit such as an appointment or promotion or making a threat to engage in, or engaging
in, an act of retaliation against an employee.
11. Upon receipt of a request to donate time, the Borough Administrator will verify that the Leave Donor
is eligible to donate time and said Department will deduct appropriate time from the Leave Donor.
12. Leave Recipients may use donated leave in one-half day or whole day increments. Recipients may
return to work on a part time, or intermittent basis, and remain eligible for the program as long as they do
not exceed two-hundred and sixty (260) days in a lifetime.
13. An incident is considered closed when the recipient is medically cleared to return to work without
restrictions.
14. If the recipient returns to work or otherwise terminates employment, the remaining balance of unused
donated leave must be equally returned to all donors in whole day increments only. Partial day increments
will not be restored to the donor nor remain credited to the recipient.
15. An illness or injury of an immediate family member requiring an employee's absence from work to
provide care must meet the same criteria applicable to an employee's own medical necessity.
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Paid Leave
Request for Time Off
Name of Employee:
Title:
Department:
Type of Leave Requested:
❑ Vacation
❑ Sick
❑ Compensatory
❑ Bereavement
I request leave on the following dates:
Signature of Employee:
Date:
NOTE:
Approval of vacation leave is subject to scheduling needs and seniority provisions.
Employees must submit requests for administrative leave in writing to the Department
Head at least forty-eight (48) hours in advance of the requested leave day.
Approval of Request for Time Off
Your request for ❑Vacation ❑ Sick ❑ Compensatory ❑ Bereavement time off on the
following dates has been approved:
Your request for ❑Vacation ❑ Sick ❑ Compensatory ❑ Bereavement time off on the
following dates has not been approved:
Signature of Department Head:
Date:
cc: Borough Administrator
49
FAMILY AND MEDICAL LEAVE
In accordance with the federal Family and Medical Leave Act (“FMLA”), the Employer provides eligible
employees with up to twelve (12) weeks of unpaid medical and family leave during any twelve (12) month
period and up to twenty-six (26) workweeks to care for a Covered Service member. At the conclusion of
the leave, subject to some exceptions, an employee generally has a right to return to the same or an
equivalent position. The following outlines employees’ rights and obligations under the FMLA and the
Employer’s policies implementing the FMLA.
Leave Available. Eligible employees may take up to a total of twelve (12) weeks of unpaid leave during
any twelve (12) month period for any one or more of the following reasons:
The birth, adoption or placement for foster care of the son or daughter of an employee, and to care for
such child;
A serious health condition of a spouse, son, daughter or parent of an employee if the employee is needed
to care for such family member; or
A serious health condition of an employee that makes an employee unable to work. Generally, the
incapacity must result in the employee’s inability to work for more than three (3) consecutive days
(although there are certain exceptions to this rule);
Any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee
is a member of the Regular Armed forces, National Guard or Reserves on active duty status during the
deployment to a foreign country, and or has been notified of an impending call to active duty status as
such in support of a contingency operation.
In addition, eligible employees who are either spouse, son, daughter, parent or next of kin of a Covered
Servicemember shall be entitled to a total of twenty-six (26) workweeks of unpaid leave during a single
twelve (12) month period to care for the Covered Servicemember. During this single twelve (12) month
period, an eligible employee who qualifies for leave to provide care for the Covered Servicemember shall
be entitled to no more than a combined total of twenty-six (26) workweeks of leave.
Definitions.
“Covered Servicemember” means a member of the Armed Forces, including a member of the National
Guard or Reserves, or a recent veteran who has been discharged, other than dishonorably, within the five
years preceding the family member’s initial request for leave, who has a serious injury or illness who is
undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise
on the temporary disability retired list, for a serious injury or illness.
“Eligible Employee” means an individual who has been employed by the Employer for at least twelve
(12) months, has worked at least 1,250 hours during the preceding twelve (12) month period, and is
employed at a worksite with at least fifty (50) employees within seventy-five (75) miles of that worksite.
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“Next of kin” means the nearest blood relative of the individual.
“Qualifying Exigency” covers a number of broad categories of reasons and activities, including short-
notice deployment to a foreign country, military events and related activities, child care and school
activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities,
and additional activities agreed to by the employer and the employee.
“Serious Health Condition” means an illness, injury, impairment or physical or mental condition that
involves either inpatient care or continuing treatment by a health care provider. It generally includes a
period of incapacity due to pregnancy, prenatal care, a chronic health condition, a permanent or long-term
health condition, or restorative or preventive treatment.
“Serious Injury or Illness” means an injury or illness incurred by a Covered Servicemember in the line of
duty or on active duty in the Armed Forces, National Guard of Reserves, incurred in the line of duty on
active duty or whose pre-existing condition has been aggravated by his/her active duty service, that may
render the servicemember medically unfit to perform the duties of the member’s office, grade, rank or
rating.
Eligibility. Any employee who has been employed by the Employer for twelve (12) months or more and
worked 1,250 hours or more in the twelve (12) month period preceding the first day of the requested leave
may be eligible for an unpaid leave of absence of up to twelve (12) weeks during any twelve (12) month
period.
The twelve (12) month period shall be determined by using a rolling twelve (12) month period that
commences with the first day of leave taken.
Leave to care for a child after birth, adoption, or foster care must conclude within twelve (12) months of
the child's birth or placement. If both spouses work for the Employer, they may only take a total of twelve
(12) weeks between them during the twelve (12) month period in order to care for a child after birth,
adoption, or foster care or to care for a parent with a serious health condition and a combined twenty-six
(26) weeks in a single twelve (12) month period for military caregiver leave or a combination of military
caregiver leave and other FMLA qualifying reasons. Each spouse may be entitled to additional leave for
other qualifying reasons under the FMLA, such as the employee’s own illness or for the serious illness of
the employee’s child.
Notice. When the leave is foreseeable, at least thirty (30) days’ advance notice to the Employer, in writing,
is required. If thirty (30) days’ notice cannot be provided, as much notice as is practical should be
provided. Failure to give reasonable notice may delay the availability of the leave.
Certification. Where leave is taken to care for a family member with a serious health condition or because
of the employee’s own serious health condition, medical certification is required and periodic
recertification may be required. In addition, where the leave is taken because of the employee’s own
serious health condition, a certification of fitness to return to work will be required.
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The Employer, at its expense, may require an examination by a second healthcare provider designated by
the Employer. If the second healthcare provider's opinion conflicts with the original medical certification,
the Employer, at its expense, may require a third, mutually agreeable, healthcare provider to conduct an
examination and provide a final and binding opinion.
For military exigency leave, an employee may be required to provide certification that the covered military
member is a member of the regular Armed Forces, National Guard or Reserves who is on active duty or
called to active duty in support of a contingency operation, as well as certification from the employee
about the nature and details of the specific exigency, the amount of leave needed, and the employee’s
relationship to the military member. For military caregiver leave, the employee may be required to provide
information from the health care provider and employee and/or Covered Servicemember to support such
leave.
Absent unusual circumstances, medical certifications must be provided within fifteen (15) days.
The Employer will also require periodic status reports from employees concerning their intended
return date.
Failure to provide requested documentation may result in denial of leave. The Employer may attempt to
clarify or authenticate the certification or may require additional certifications to support the need for
leave. When leave is taken to care for a family member, the Employer may require the employee to
provide documentation or a statement of family relationship (e.g., birth certificate or court document) and
proof of the need to care for the family member.
Utilization of Paid Leave. Generally, FMLA leave is unpaid. However, depending upon the
circumstances, employees may be entitled to receive workers’ compensation benefits, paid family leave
benefits, or other state-sponsored wage replacement benefits which pay a portion of normal compensation.
These benefits will run concurrently with the employee’s unpaid leave. An employee who is eligible for
these benefits may also choose to use accumulated paid leave during their approved unpaid leave.
Employees may not receive more than 100% of salary at any time.
Coordination with other Leave Policies. The period of time attributable to the employee’s absence due to
any workers’ compensation or sick leave, will be counted against available leave under this policy to the
extent permitted by law. In the event that additional family, medical or sick leave is available pursuant to
state laws, including, but not limited to, leave under the New Jersey Family Leave Act (“NJFLA”), this
leave will also run concurrently with FMLA leave to the extent permitted by law.
Intermittent Leave. When medically necessary, leave taken because of a serious health condition of an
employee or family member or to care for a Covered Servicemember may be taken on an intermittent or
reduced work schedule basis. The employee and employer shall attempt to work out a schedule for such
leave that meets the employee's needs without unduly disrupting the employer's operations, subject to the
approval of the employee’s health care provider. The Employer may require an employee taking
intermittent or reduced work schedule leave to transfer temporarily to an alternative position with
equivalent pay and benefits that is better suited to the leave schedule.
52
Employment and Benefits Protection. During the leave, health benefits will continue for up to twelve (12)
weeks in each rolling twelve (12) month period under the same conditions as if the employee continued
to work. Employees must, however, pay the same amount for any benefits continued as they do prior to
the leave. Other benefits (other than group health benefits), if any, will continue during the leave if such
benefits continue with other forms of comparable leave.
If paid leave is substituted for unpaid FMLA leave, the Employer will deduct the employee’s portion of
the health plan premium as a regular payroll deduction. If the employee’s FMLA leave is unpaid, the
employee must pay his/her portion of the premium in accordance with a payment method that is devised
and mutually agreed upon between the employee and the Employer.
Employees should consult with their Department Head and Borough Administrator prior to taking an
approved leave. If you fail to return to work after your FMLA leave for any reason except for
circumstances beyond your control, you must pay back all unpaid health insurance premiums. With regard
to the employee’s contribution portion of his/her health benefits pursuant to Chapter 78, P.L 2011 and any
voluntary supplemental benefits that the employee may have, the employee is solely responsible for
making payment arrangements with the Employer or for any voluntary benefits, to the respective insurance
company. Your healthcare coverage may cease if your premium payment is more than thirty (30) days
late. Pension service credit will continue to accrue during FMLA leave if the employee chooses to use
paid time off concurrent with the FMLA leave. Employees may purchase pension service credit accrued
during FMLA leave when paid time off is not run concurrent with FMLA leave. You must contact the
Borough Administrator to make payment arrangements concerning contributions or credits paid toward
your pension benefits. If you fail to return to work after your FMLA leave for any reason except for
circumstances beyond your control, you must pay back all unpaid health insurance premiums.
Before returning to work following a medical leave (except for intermittent or reduced schedule leave)
due to the employee’s own serious health condition, the employee will be required to present a fitness for
duty certification from his/her health care provider that he/she is medically able to resume work. If the
date on which the employee is scheduled to return to work from FMLA leave changes, the employee is
required to give notice of the change, if foreseeable, to the Employer within two (2) business days of the
change.
Subject to some exceptions, most employees will be returned to the position they left or to a position
equivalent in pay, benefits and other terms of employment. Individuals identified as “key employees”
(the highest paid 10% of salaried employees at the work site or within a seventy-five (75) mile radius of
that work site) at the beginning of their leave may not be returned to their former or equivalent position if
restoration will cause substantial economic injury to the Employer. Employees will be informed of their
key employee status at the beginning of the leave period.
A failure to return from FMLA leave for reasons other than the employee’s own serious health condition
may result in termination of employment. In the event that an employee cannot return to work at the end
of FMLA leave due to a continuation of his/her own serious health condition, they must contact the
Employer before the expiration of the leave to discuss their options under state and federal law. State
leave laws may provide additional leave similar to that provided under the FMLA. The Employer will
53
comply with these state law provisions to the extent they provide for more generous benefits. State leave
law benefits will run concurrently with FMLA benefits to the extent permitted by law.
Family Temporary Disability. During a period of unpaid leave to care for a family member with a serious
health condition or a newborn or adopted child or child placed into foster care with the employee, the
employee may be eligible for up to twelve (12) weeks of Family Leave Insurance (“FLI”) payments
through the State in a twelve (12) month period. FLI is a monetary benefit paid by the State and not a
separate leave entitlement, and will thus run concurrently with FMLA and/or NJFLA leaves.
54
NEW JERSEY FAMILY LEAVE
The Employer provides eligible employees with up to twelve (12) weeks of unpaid, job-protected leave
for specified family reasons under the New Jersey Family Leave Act (NJFLA).
Eligible Employees. To be eligible for NJFLA leave, an employee must have worked at least twelve (12)
months for the Employer and have worked at least 1,000 hours for the Employer over the previous twelve
(12) months.
Qualifying Reasons for Leave. An employee may take NJFLA leave to care for:
A newly born or adopted child or a child placed into foster care with the employee, but the leave must
start within twelve (12) months of the birth of the child or the placement of the child.
A family member (sibling, grandparent, grandchild, child, spouse, domestic partner, civil union partner,
parent-in-law, or parent of a covered individual, or any other individual related by blood to the employee,
and any other individual that the employee shows to have a close association with the employee which is
the equivalent of a family relationship) with a serious health condition.
Leave taken for reasons above must be consecutive and must begin by the end of the twelve (12) month
period after the birth or placement for adoption or foster care.
Leave that qualifies under the FMLA and NJFLA will run concurrently under both statutes.
Leave Benefits. An employee may take up to a maximum of twelve (12) weeks of NJFLA leave in a
twenty-four (24) month period, which is measured as a rolling twenty-four (24) month period that
commences with the first day of NJFLA leave taken.
You may take NJFLA leave to care for a seriously ill family member:
As a single block of time.
By reducing your normal weekly, [but not daily,] work schedule for no more than twenty-four (24)
consecutive weeks in a twenty-four (24) month period.
Intermittently in increments lasting at least one week, but less than twelve (12) weeks in a consecutive
twelve (12) month period, when medically necessary.
Employees permitted to take intermittent or reduced-schedule leave must try to schedule their leave so
that it will not unduly disrupt the Employer’s operations. The total time within which an intermittent
leave is taken may not exceed a twelve (12) month period, if such leave is taken in connection with a
single serious health condition.
Intermittent leaves taken in connection with more than one serious health condition episode must be taken
within a consecutive twenty-four (24) month period, or until such time as the employee's twelve (12) week
family leave entitlement is exhausted, whichever is shorter. An employee taking a family leave on a
55
reduced leave schedule shall not be entitled to such leave for more than a consecutive twenty-four (24)
week period. An eligible employee shall be entitled to only one leave on a reduced leave schedule during
any consecutive twenty-four (24) month period. Any remaining family leave to which the employee is
entitled subsequent to the expiration of a leave taken on a reduced leave schedule may be taken on a
consecutive or intermittent basis.
Depending on the purpose of the employee’s leave, the employee may choose to use accrued paid leave,
concurrently with some or all of his/her NJFLA leave. The employee will not be eligible to accrue
seniority or benefits, including vacation and holidays, during any period of NJFLA leave. The Employer
will notify employees of their options to continue to participate in our group health plans during NJFLA
leave.
Required Notice and Certifications. When requesting NJFLA leave, an employee must provide the
Employer thirty (30) days' advance written notice. If advance written notice is not possible because of an
emergency, the employee must provide the Employer with reasonable oral notice and then follow up with
written notice.
The employee also must give the Employer a medical certification supporting the need for leave. The
Employer reserves the right to require second or third medical opinions and periodic re-certifications. The
employee must also provide periodic reports during his/her leave regarding the employee’s status and
intent to return to work as deemed appropriate by the Employer. If an employee fails to provide the
required documentation, the Employer may delay the start of the employee’s NJFLA leave, withdraw any
designation of NJFLA leave or deny the leave, in which case the employee’s absences will be treated in
accordance with the Employer's standard leave of absence and attendance policies and the employee may
be subject to discipline up to and including termination of employment.
If an employee provides false or misleading information or omits material information about an NJFLA
leave, the employee will be subject to discipline up to and including immediate termination of
employment.
Benefits Protection. During a family leave of absence, the employee’s health benefits will be maintained
under the same conditions as if the employee continued to work. If the employee decides to return to
work when his/her family leave of absence ends, the employee may be reinstated to the same or equivalent
job with the same pay, benefits, and terms and conditions of employment. If the employee decides not to
return to work when the family leave of absence ends, the employee may be required to reimburse the
Employer for the health insurance premiums paid on his/her behalf during the leave of absence (except if
the failure to return to work was caused by the continuation, recurrence, or onset of serious health
condition which would entitle the employee to a leave of absence under the law or other circumstances
beyond the employee’s control).
Pension service credit will continue to accrue during NJFLA leave if the employee chooses to use paid
time off concurrent with the FMLA leave. Employees may purchase pension service credit accrued during
NJFLA leave when paid time off is not run concurrent with NJFLA leave. An employee may contact the
56
Borough Administrator to make payment arrangements concerning contributions or credits paid toward
his/her pension benefits. Employees should consult with the Employer prior to taking an approved leave.
Returning to Work after NJFLA Leave. On returning to work after NJFLA leave, eligible employees will
typically be restored to their original job or to an equivalent job with equivalent pay, benefits and other
employment terms and conditions. Any employee who fails to return to work as scheduled after NJFLA
leave or exceeds the twelve (12) week NJFLA entitlement will be subject to the Employer's standard leave
of absence and attendance policies. This may result in termination if the employee’s continued absence
is unauthorized (for example, if the employee has no other Employer-provided leave available to him/her).
Retaliation Prohibited. The Employer and the NJFLA prohibit the interference with, restraint of or denial
of any right provided under the NJFLA and/or discharge or discrimination against any person for opposing
any practice made unlawful by the NJFLA or for involvement in any proceeding under or relating to the
NJFLA. The Employer encourages employees to bring any concerns or complaints about retaliation or
compliance with the NJFLA to the attention of the Borough Administrator.
New Jersey Family Leave Insurance. During a period of unpaid leave to care for a family member with a
serious health condition or a newborn or adopted child or child placed into foster care with the employee,
the employee may be eligible for up to six (6) weeks (twelve (12) weeks, effective July 2020) of Family
Leave Insurance (“FLI”) payments through the State in a twelve (12) month period. FLI is a monetary
benefit paid by the State and not a separate leave entitlement, and will thus run concurrently with FMLA
and/or NJFLA leaves.
An employee’s job is not protected while receiving FLI benefits – unless the employee is eligible for leave
under the FMLA, NJFLA, or is otherwise designated for an approved family leave of absence.
Employees must provide the Employer with advance notice of need for leave, as follows:
At least thirty (30) days before leave to bond with a newborn or newly adopted child, unless the time of
the leave is unforeseeable or the time of the leave changes for unforeseeable reasons.
In a reasonable and practicable manner for leave to care for a seriously ill family member on a
continuous, non-intermittent basis, unless an emergency or other unforeseen circumstance precludes
advance notice.
At least fifteen (15) days before leave to care for a seriously ill family member or leave to bond with a
newborn or newly adopted child on an intermittent basis unless an emergency or other unforeseen
circumstance precludes advance notice.
57
Application for Family and/or Medical Leave (FMLA)
and/or New Jersey Family Leave (NJFLA)
Name:
Date of Request:
Mailing Address:
Department:
Hire Date:
Title:
Start Date of Anticipated Leave:
Expected Date of Return to Work:
Reason for Leave:
I request family leave to care for my newborn child, newly adopted child, or a newly placed
foster child in my home.
I request family leave to care for my family member with a serious health condition. I
request family leave to care for:
Spouse Child
Parent
NJFLA Only: Parent-in-Law Civil Union/Domestic Partner
Name:
Address:
I request medical leave to care for my own serious medical condition.
Describe serious health condition:
I request military family leave because of a qualifying exigency arising out of the fact that my
Spouse
Child
Parent
is on active duty or called to active duty status in support of a contingency operation as a
member of the National Guard or reserves.
I request military family leave because I am the
Spouse
Child
Parent
Next of Kin of a
covered service member with a serious injury or illness.
58
Application for FMLA and/or NJFLA (cont’d)
I understand that if my family or medical leave (total of paid and unpaid time) does not exceed twelve
(12) weeks (twenty-six (26) weeks for military caregiver leave), I will be returned to my same or
equivalent position.
I understand that if my family or medical leave exceeds twelve (12) weeks (twenty-six (26) weeks for
military caregiver leave), the Employer may terminate my employment in accordance with applicable
law.
If my request for leave is approved, it is my understanding that unless the Employer has authorized an
extension of my leave in writing, I must report to duty on the first workday following the date my leave
is scheduled to end.
I understand that failure to return to work within five (5) consecutive working days following the
expiration of the leave will constitute unequivocal notice of my intent not to return to work and the
Employer may terminate my employment.
Signature of Employee:
Date:
Received By:
Employer Representative
Complete and Return To:
Patrick Wherry
Borough Administrator
Patrick Wherry
pwherry@waldwicknj.org
201-652-5300 x227
59
Return to Work Medical Certification
Employee Name:
Position:
Date leave commenced:
Date employee can return to work:
To Be Completed by Health Care Provider:
I have completely examined this employee. In my medical opinion, his/her functional capacity
is limited such that there is no possible way to modify his/her work environment to accommodate his/her
physical and/or mental limitations according to the attached job description that was reviewed by me.
This employee’s condition prevents him/her from safely performing the essential functions of
his/her position and will be unable to return to work.
- or-
This employee is unable to return to work at this time and should be out of work until
(please provide date):
I have completely examined this employee and in my medical opinion, his/her functional
capacity is limited. This employee can continue to work safely if the job, according to the attached job
description that was reviewed by me, is modified to match the modifications stated below:
Modified duty status should continue until
Date
I have completely examined this employee. In my medical opinion I believe this employee can
resume/perform all functions of his/her position without restrictions according to the attached job description that
was reviewed by me.
Signature of Health Care Provider:
Date:
Name of Health Care Provider:
Telephone:
Address:
Type of Practice:
Area of Specialization:
60
BEREAVEMENT LEAVE
Full-time employees shall be granted up to four (4) working days of bereavement leave with pay for a death
in their immediate family or in the immediate family of the employee’s spouse. “Immediate family” means
spouse, significant other, child, parent, stepchild, grandparent, brother, sister, brother-in-law, sister-in-law,
son-in-law, daughter-in-law, father-in-law, mother-in-law, grandchild, uncle or aunt of the employee or any
other member of the employee’s immediate household.
Employees shall be granted one (1) working day of bereavement leave with pay upon the death of an
employee’s family member not named above.
In no event shall any part of bereavement leave occur more than fifteen (15) days from the date of death.
The Employer may require that the employee produce reasonable proof of death and relationship.
Bereavement leave shall not be charged to sick or vacation leave and such leave is not cumulative.
Procedure. To use bereavement leave:
1. Employees who request bereavement leave must notify their Department Head of their intent to take such
leave as soon as possible. Unless impracticable, employees should request bereavement leave in writing.
2. The Department Head or his or her designee shall notify the designated Borough Administrator that an
employee is using bereavement leave.
3. Employees who request an extension of bereavement leave beyond the established number of days shall
have such extensions charged to accumulated unused vacation or sick leave. If an employee has used all of
his or her accrued leave time, extended bereavement leave will be considered as a request for a leave of
absence without pay.
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MILITARY SERVICE LEAVE POLICY
The Employer provides military leave in accordance with applicable State and Federal law. In all cases
involving military leave, the employee must, as soon as possible, provide his or her Department Head with
a certificate verifying the call to military duty prior to beginning the military leave.
Organized Militia. Any permanent or full-time temporary officer or employee, who is a member of the
organized reserve of the Army of the United States, United States Naval Reserve, United States Air Force
Reserve or United States Marine Corps Reserve, or other affiliated organization, including the National
Guard of other states, shall be entitled to a leave of absence without loss of pay or time on all work days on
which he or she is engaged in any period of Federal active duty, up to thirty (30) work days in any calendar
year. A military leave of absence is in addition to the employees’ regular vacation or other accrued leave.
Any leave of absence for such duty in excess of thirty (30) work days will be without pay but without loss
of time. A full-time temporary officer or employee who has served under such temporary appointment for
less than one year will receive military leave without pay but without loss of time.
New Jersey Organized Militia. New Jersey’s organized militia consists of the National Guard (Army and
Air), the Naval Militia, and the State Guard. Any permanent or full-time officer or employee who is a
member of the New Jersey organized militia shall be entitled, in addition to pay received, if any, as a
member of the organized militia, to a leave of absence without loss of pay or time on all days during which
he or she shall be engaged in State or Federal active duty, up to ninety (90) work days in any calendar year.
Any leave of absence for such duty in excess of ninety (90) work days will be without pay but without loss
of time. A full-time temporary officer or employee who has served under such temporary appointment for
less than one year will receive military leave without pay but without loss of time.
Reinstatement. To be reinstated by the Employer without loss of privileges or seniority, the employee must
report for duty with the Employer within the time required by law following release from active duty under
honorable circumstances.
In accordance with legal requirement, employees who take military leave are required to:
• Provide the Employer with proper notice of the leave;
• Apply for reinstatement within the time required by law;
• Have a creditable military record including completion of all required training and fulltime service and be
discharged under honorable conditions.
Military leave with pay will be granted to an employee in accordance with N.J.A.C. 4A:6-1.11, N.J.S.A.
38:23-1, N.J.S.A. 38a:4-4 and the Uniformed Services Employment and Reemployment Rights Act
(“USERRA”).
On return from a military leave of absence, the employee will be reinstated as required by law. See The
Uniformed Services Employment and Reemployment Act (“USERRA”). Failure to comply with the
requirement enumerated above or as required by law will jeopardize an employee’s reemployment rights.
62
JURY DUTY LEAVE
When an employee is called for jury duty and for the duration of such service, the employee shall be entitled
to a temporary leave with pay provided that:
• The employee submits a written request with a copy of the summons to his or her Department Head within
three (3) business days after receipt of the summons;
• The employee inquires about the anticipated length of service and informs his or her Department Head of
the expected duration in advance of accepting service;
• The employee notifies his or her Department Head as soon as possible if the length of jury duty has been
extended beyond the original return date;
• The employee communicates with their Department Head to determine when they will report to work at
such time as his or her presence as a juror is not required;
• The employee provides his or her Department Head with an appropriate certification or order from the
assignment judge, clerk of the court or such other officer as shall be appropriate setting forth the period of
such jury duty service to be attached to the weekly time sheet; and
• The employee reimburses the Employer for any payments or fees received as a result of such jury service
less any meal or travel expenses.
The Employer will reassign shift workers to the day shift during jury duty leave.
Witness Duty Leave of Absence. The Employer is aware that employees may be subpoenaed to appear as
witnesses in trials before the court. The Employer will provide employees with a paid leave of absence for
matters stemming from their employment. For personal matters, employees will use available personal
days or vacation days.
63
SECTION FOUR: PERSONNEL RULES AND REGULATIONS
64
APPEARANCE
Each employee is expected to dress appropriately for the job. The following factors are relevant to
determining appropriate dress:
• nature of work
• safety, including necessary precautions when working with or near machinery
• whether the employee has contact with the public
• practices of others in similar jobs
• recognition that employees represent the Employer
This policy incorporates by reference all references to uniform and dress contained in all collective
negotiations agreements in force between the Employer and its employees. Failure to abide by the terms
of such agreements shall be deemed improper conduct.
Additionally, some Departments may have more detailed and restrictive rules governing appearance.
Employees are required to abide by applicable Department rules.
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ABSENTEEISM AND TARDINESS
Regular attendance at work, reporting on time, and completing the required hours of work are necessary for
each employee so that the Employer may meet its commitments to its residents. Employee absences place
an additional burden on the remaining work force and impact the Employer's ability to service its residents.
Management recognizes that circumstances beyond the employee's control may cause him or her to be
absent from work for all or part of a day. The Employer, however, will not tolerate unexcused absence or
tardiness.
All employees are expected to come to work regularly and on time and to promptly notify their immediate
supervisor or other management designee by personal telephone conversation when they are unable to do
so. Unless prevented by specific circumstances, the employee must provide notification at least one (1)
hour prior to the beginning of work for his or her position. In twenty-four (24) hour shift operations, notice
must be given a minimum of one (1) hour before the employee’s starting time, unless extenuating
circumstances prevent such notification.
Attendance and punctuality will be considered, among other factors, in the employee's performance review.
If an employee needs to leave work early, the employee must receive permission from his or her supervisor
to leave prior to the regularly scheduled departure time. An employee who is absent from duty for five (5)
or more consecutive working days without approval or notification or fails to return to work for five (5) or
more consecutive working days following an approved leave of absence shall be deemed to have voluntarily
resigned from their employment.
To minimize the negative impact on both employees and residents, the Employer will regularly review
employee time records to identify chronic absenteeism and/or tardiness problems. Employees who exhibit
attendance and/or tardiness problems will be subject to established progressive disciplinary procedures.
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ALCOHOL AND DRUG-FREE WORKPLACE
All applicants for positions that require a CDL license and all employees whose job requires them
to possess a CDL license shall be excluded from this Alcohol and Drug-Free Workplace policy.
Instead, these employees are governed by Federal and State regulations, as well as the attached
CDL Drug and Alcohol Testing Policy (Appendix A). Employees hired with the understanding
that they must obtain a CDL license will be covered under this Alcohol and Drug-Free Workplace
Policy until they obtain their CDL license.
YOUR ROLE AND RESPONSIBILITIES
DRUG-FREE WORKPLACE
The Borough of Waldwick (the Borough) is committed to maintaining a safe, pleasant, and productive
working environment. You have the right to come to work without fear of interacting with someone under
the influence of drugs or alcohol. This is considered a Health & Safety Policy of the Borough. This Policy
highlights the Borough’s New Jersey Drug-Free Workplace Policy. The Borough’s Designated Employer
Representative (DER) is the Borough Administrator. The Alternative DER is the Public Works
Superintendent.
The Borough recognizes the prime importance to the Borough of protecting the safety, health and welfare
of its employees and others with whom we interface such as citizens, contractors and members of the public.
The objective of this policy is to maintain a working environment free from the adverse effects of substance
abuse. While the Borough has no intention of intruding into the private lives of its employees, the Borough
does expect employees to report to work unimpaired able to perform the duties of their job safely and
effectively. In addition to absenteeism and accidents, substance abuse can adversely affect performance,
productivity and workplace morale. Co-workers may feel that they have to cover up, or work harder because
of someone’s substance abuse. Ultimately, an employee with an alcohol or drug problem may lose their job
and/or suffer devastating effects on their health. The Borough has a duty to safeguard its employees and the
public from the risk of harm from employees who work under the influence of alcohol and drugs. Similarly,
employees who are working under the influence, and employees who know that a fellow employee is
working under the influence, owe such a duty. The failure to honor that duty by taking the right steps to
prevent this risk can result in legal liability. All employees and contractors are responsible and accountable
for ensuring that they, and their employees, are not under the influence of alcohol or drugs when carrying
out work for the Borough. Managers and supervisors are responsible for taking appropriate action where
they identify individuals who are at work while under the influence of alcohol or drugs. They should also
take appropriate action to protect the health and safety of individuals who may be affected.
To the extent this Policy supplements, and does not conflict with current collective bargaining agreements,
it is applicable. However, to the extent this policy may conflict with a current, applicable collective
bargaining agreement (CBA), the CBA shall prevail.
All testing information is considered confidential information by the Borough and will be maintained in a
separate file along with the employee's medical records, separate from other personnel files. An employee
has the right to inspect and obtain a copy of his or her drug test results. Drug testing information will only
be released to those employees of the Borough with a job related need to know, the DER and Alternate
DER, to defend against any administrative action brought by the employee against the Borough, in
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grievance or arbitration proceeding under the terms of a collective bargaining agreement, in a court of law
under subpoena, as released by the employee in writing, the MRO, Borough insurers, rehabilitation
programs and as otherwise required by law. Our Drug-Free Workplace Policy does not tolerate the abuse
of drugs or alcohol in the workplace. Understand that this Policy prohibits illegal drug use on or off the job.
We encourage any employee suffering from a substance abuse problem to seek help. If you need help, we
can direct you to our Employee Assistance Program (EAP) Substance Abuse Professional (SAP) for a
confidential evaluation and referral for substance abuse treatment if necessary. Notice of the Borough’s
New Jersey Drug-Free Workplace testing will be provided on vacancy announcement and is posted in
conspicuous locations on Borough premises.
Our program can help improve your health and help you avoid trouble with the law. Even if you do not use
drugs or alcohol, this program will make your workplace safer and more productive, the Borough safer, and
will help your friends and co-workers get the help they need. Compliance with this policy is a condition of
your hire or continued employment, except to the extent this policy may conflict with a current collective
bargaining agreement (CBA), which CBA shall prevail. The Borough has developed its drug-free workplace
policy in compliance with the law. Applicant testing will begin immediately and sixty (60) days after the
effective date of November 24, 2021, all employees are subject to testing as outlined below. The existing
drug and alcohol testing program will remain in place until the effective date of this program.
WHO DO WE TEST?
All employees performing safety-sensitive functions, and all final applicants for positions where safety-
sensitive functions are performed, and all other employees where reasonable suspicion exists. All DOT
regulated employees are also subject to testing under this policy. Using the criteria below, the following
positions have been classified by the Borough as safety-sensitive: Police Chief, Police Lieutenant, Police
Sergeant, Police Officer, Public Safety Telecommunicator, School Traffic Guard, Public Works
Superintendent, Water Repair Supervisor, Public Works Supervisor, Public Works Repairer, Laborer 1,
Construction Official, Sub-Code Official, Pool Operator, Head Lifeguard, Senior Lifeguard, Lifeguard,
Head Swim Team Coach, Swim Lesson Instructors, Tennis Instructor, Emergency Temporary Help,
Members of the Waldwick Volunteer Fire Department, and Members of the Waldwick Volunteer
Ambulance Corps (WALVAC). Elected officials who are not otherwise classified as employees, are not
subject to testing under this Policy.
SAFETY-SENSITIVE CLASSIFICATIONS
Safety-sensitive employees are those employees who discharge duties fraught with risks of injury to others
that even a momentary lapse of concentration can have disastrous consequences. Factors which have been
considered in determining whether a position is safety sensitive include handling of potentially dangerous
machinery, sharp objects, working at heights, positions requiring a high level of cognitive function, mostly
unsupervised responsibility for children, and handling of hazardous substances in an environment where
others could be injured. Positions which have been found to be safety-sensitive include firefighters,
emergency medical technicians, law enforcement officials who carry firearms, fire and police dispatchers,
911 operators, heavy machinery operators, forklift operators, bus drivers, some (but not all) transportation
workers, pipeline operators, gas meter repairmen, jail officers, and those involved in security functions. All
Department of Transportation (DOT) regulated employees are determined to be safety-sensitive by those
regulations. Unless an employee comes under drug testing regulations of some federal agency, each
position, job classification or department, should be individually evaluated to determine whether the
employee is safety-sensitive in accordance with the above guidelines.
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HOW DO WE TEST?
Drug and alcohol testing is done through chemical analysis which determines without question if a person
has drugs or alcohol in his or her system and in conformity with regulations of the New York Department
of Health, New Jersey Department of Health, or CLIA. Specimens subject to testing include urine, breath,
hair, oral fluids, or blood. Specimen collections, chain of custody and drug and alcohol tests will be in
substantial compliance with the U.S. Department of Transportation (DOT) procedures if applicable to the
type of specimen being tested. To ensure accuracy, urine lab test procedures shall include a preliminary
drug screening, two highly sophisticated scientific tests including adulterant detection, and are reported to
an independent certified Medical Review Officer (MRO) prior to being released to the Borough. Observed
urine collections will only be conducted with the consent of the donor, and the observer will be by a person
whose gender matches the donor's gender as identified by the donor at the beginning of the observed
collection. Observed collections will be conducted in a professional manner that minimizes discomfort to
the donor, and a medical professional may serve as the monitor, regardless of gender. The MRO may
recommend the collection of an alternate specimen (e.g., oral fluid) when a donor is unable to provide a
sufficient amount of urine specimen at the collection site. The MRO will verify that chain of custody
procedures were adhered to, use of a certified laboratory and that the test results were valid. The Borough
provides reasonable accommodations to employees and/or applicants in the alcohol and drug testing
program whose physical condition prevents them from producing a urine specimen suitable for testing. You
may contact the DER if you wish to make an accommodation request. In accordance with Borough policy,
a test result reported by the laboratory as a negative dilute urine test is not considered a negative test but
subjects the donor to immediate retesting; and a second negative dilute urine test will render an applicant
ineligible for hire and current employees, where a negative test is required, not currently fit for duty. FDA
approved on-site screening devices may be utilized with all initial positive results confirmed by laboratory
testing.
All positive initial tests are confirmed by GC/MS at established DOT cut off levels. An alcohol content of
0.04 or higher using a DOT approved alcohol screening device, or breath alcohol device, is classified as a
positive test. The drugs tested for may include all or some of the following: (1) Amphetamines; (2)
Cannabinoids; (3) Cocaine; (4) Phencyclidine (PCP); (5) Opioids, designer drugs, or a metabolite of any of
the above substances and mind altering synthetic narcotics or designer drugs, or impairing effect
medications or substances, taken by employees working in a safety-sensitive classified position, in order
for the employer to fulfill its duty to provide a safe place to work as a safety rule. The term “illegal use of
drugs” includes any controlled or scheduled drug not used in accordance with a health care provider’s lawful
prescription for the user, or any substances banned by Federal or applicable State laws.
WHAT IF YOU TEST POSITIVE?
The MRO will contact you confidentially to give you an opportunity to discuss your results before reporting
them to the Borough as a verified positive. You may discuss the result with the MRO up to seventy-two
(72) hours after a positive result and ask questions of the MRO about prescription and non-prescription
medications, rebut or explain the test results to the MRO, and provide supporting documentation. During
this 72-hour period, any applicant or employee may request that their split specimen be tested at a second
laboratory and if positive, they will be responsible for that expense and that cost may be deducted from
their paycheck, depending upon the result and, if negative, the employee will be reimbursed by the Borough
for the cost of the test and any lost time. Under federal regulations, the MRO has the discretionary authority
to notify the Borough that an employee is temporarily medically disqualified from the performance of
safety-sensitive work during this evaluation period and also has the duty to notify the Borough if the
employee is taking an impairing effect medication. A positive drug or alcohol test is classified as willful
misconduct and a violation of the Borough’s Policy. Any employee who tests positive, or refuses to be
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tested, may be subject to appropriate disciplinary action for engaging in willful misconduct connected with
work, up to and including immediate termination, for gross misconduct connected with work, and violation
of a safety rule for those employees working in a safety-sensitive position and/or forfeit eligibility for
Worker’s Compensation benefits (N.J. Stat. Ann. § 34:15-7) if post-accident and may adversely affect an
employee’s eligibility to receive Unemployment Compensation benefits. Any applicant made a conditional
offer that tests positive, or refuses to be tested, will be denied employment or have their offer withdrawn.
WHAT IF YOU FAIL TO FOLLOW SAFETY GUIDELINES?
Often times, impairment from drugs or alcohol will cause an employee to fail to adhere to safety guidelines
and other common sense safe working practices. Failure to wear a seatbelt, failure to use Borough provided
or required safety equipment, failure to follow safety guidelines, or removal (or disabling) of a safety guard
will be willful misconduct connected with work, and subject the employee to discipline, up to and including
discharge for violation of Borough Policy.
WHAT ABOUT IMPAIRING EFFECT MEDICATIONS OR SUBSTANCES?
Any employee working in a safety-sensitive position as defined by Borough Policy is required, as a safety
rule, to pre-duty disclosure that they are taking or using ANY impairing effect prescription, including
medical marijuana, over-the-counter medications, mind altering synthetic or designer drugs or other
substance which may have an effect on performance of safety-sensitive duties. This includes medical and
recreational marijuana, the use of which the Borough, for safety reasons, will not be able to accommodate
employees working in safety-sensitive positions. However, for employees who are qualifying medical
marijuana cardholders reporting to work in those states which have statutory anti-discrimination against the
use of medical marijuana laws, qualifying employees, and applicants, may request a reasonable
accommodation by contacting the DER and such request will be considered. If the fact that the employee
is taking or using an impairing effect medication or substance is not disclosed pre-duty by a safety-sensitive
employee and the employee tests positive, is otherwise determined to be taking or using such, or is
determined by the MRO to be a potential safety risk due to taking or using an impairing effect medication
or substance, that employee will be subject to discipline, up to and including termination, for violation of
this safety rule. If disclosure is made, the Borough reserves the right to send the employee for a Fitness-for-
Duty evaluation to evaluate the medication or substance and its effects on the performance of safety-
sensitive duties. In advance of testing, employees are encouraged to have their own doctor make an
individualized assessment of any safety-related risks of the medications or substances which they are taking
or using, providing the doctor a copy of their job description and having the doctor render an opinion on
the safety-related risks. The employee need not disclose to the Borough the medication or medical condition
involved to fulfill the disclosure obligation of this Policy. All information provided will be kept separate
from personnel files and in a confidential manner. The MRO, or another medical professional selected by
the Borough, will make the final determination on the safety-related risks of any particular medication or
substance.
WHAT IF AN ADULTERANT IS FOUND?
The use of an adulterant (something added to a specimen to attempt to hide drug use) is considered a refusal
to test and a violation of the Policy. The same would be true if you attempted to substitute a specimen. Any
employee who is found to have violated this Policy by attempting to defraud a drug or alcohol test may be
subject to appropriate disciplinary action, up to and including termination for willful misconduct connected
with work, or withdrawal of a job offer. No last chance opportunity is available under such a circumstance.
It is a criminal offense to substitute or adulterate a test specimen. It also is a criminal offense in New Jersey
to manufacture, sell, give away, or possess any device or substance designed or commonly used to substitute
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or adulterate a test specimen. N.J. Stat. Ann. § 2C:36-10. The MRO may declare a urine specimen to be
adulterated or substituted based on the laboratory report.
WHAT IF I REFUSE?
A refusal to provide a specimen for testing, unless the MRO agrees a medically valid reason exists for your
inability, will be considered willful misconduct connected with work. Such willful misconduct connected
with work will cause an applicant’s offer to be withdrawn and will subject an employee to immediate
termination for cause. Under New Jersey law, unemployment compensation benefits may not be available
in such a circumstance. Failure to report for specimen collection within a reasonable time, two (2) hours,
of being directed to do so is also classified as a refusal under the Borough Policy.
DRUG EDUCATIONAL INFORMATION
Attached to this Policy you will find drug educational information to assist you in recognizing the impairing
effects of drug use. The Borough will conduct employee education of substance abuse education and
awareness and supervisor training on how to recognize signs of abuse, how to document and collaborate
signs of employee substance abuse, and how to refer substance abusing employees to the EAP.
WHAT IF YOU HAVE A SUBSTANCE ABUSE PROBLEM?
The Borough will provide support for employees who need support and help with alcohol or drug
dependency via confidential Employee Assistance Program (EAP), Substance Abuse Professional (SAP)
or Medical/Occupational Health support services. Employees who proactively seek treatment will be treated
sympathetically and in a confidential manner. In certain cases, this may require a transfer to other duties
(e.g. where a person is working in a safety critical role) while the individual is receiving treatment.
However, the fact that an employee is seeking or undergoing treatment will not be a defence to a charge of
wilful misconduct if the employee reports for work under the influence of alcohol or drugs. Our Policy
encourages any employee with a drug or alcohol problem to voluntarily and confidentially seek help through
our EAP/SAP program. Coming forward after you have been notified to report for testing is not considered
a voluntary report. For confidential help with a substance abuse problem, contact the DER or the EAP/SAP.
Counseling and rehabilitation for alcohol or substance abuse is available through the EAP, and may also be
available under the health and welfare benefit program for employees, only to the extent of the current
benefits package. The Borough will assume no direct financial responsibility for counseling or rehabilitation
costs of an employee, not covered by the EAP. Any costs in addition to or in excess of any available health
benefits are the employee’s responsibility. A list of state and national Substance Abuse Resources is a part
of this Policy.
WHAT ABOUT A LAST CHANCE OPPORTUNITY?
No last chance opportunity is available to a probationary, part time or temporary employee, or in the case
of refusal, attempted adulteration, substitution, switching, tampering with, or diluting of a specimen or
attempt to defraud a drug test. Employees who receive an EAP/SAP evaluation favorable for rehabilitation
may be offered a last chance opportunity, in lieu of termination, to seek and successfully complete treatment
for a drug or alcohol problem and return to work without being under the influence of drugs or alcohol.
The specific terms of such last chance opportunity will be memorialized in writing. An employee who is
provided a last chance opportunity may nevertheless be subject to disciplinary action (short of termination)
for violation of this policy.
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WHY AND WHEN DO WE TEST?
Pre-employment: Drug testing will be performed on all final applicants for safety-sensitive positions,
or who transfer into a safety-sensitive position, as a condition of their employment.
Routine Fitness-for-Duty: Safety-sensitive employees may be required to submit to a drug test as part
of a routine Fitness-for-Duty examination and may be based on a particular job classification.
Reasonable Suspicion: All employees will be required to submit to a drug and/or alcohol test if the
Borough has a reasonable suspicion that an employee is under the influence of drugs or alcohol, which
adversely affect or could adversely affect the employee's job performance. Employees selected for
testing shall be suspended until a negative drug/alcohol screen or laboratory test result is received. If a
negative result, the employee will not suffer a loss of pay.
Post-Accident/Incident Testing: Testing of a safety-sensitive employee may be conducted under any of
the following circumstances: 1) the employee involved in the incident/accident was actively engaged in
the activity which objectively could have caused or contributed to the injury or damage; or 2) the
employee was operating, controlling, or repairing any machinery, tool, device, equipment or vehicle
that was involved in the incident/accident; or 3) the employee’s action or inaction was likely a
contributing factor to the incident/accident or cannot be completely discounted as a contributing factor
based on current info; or 4) testing is being conducted as part of the Borough’s Post Incident/Accident
Investigation related to possible Workers’ Compensation Disqualification; or 5) testing is being
conducted for other non-injured employees whose actions, or inaction, could have contributed to the
incident/accident as part of a root cause investigation; or 6) post-accident drug testing is required by the
Workers’ Compensation Carrier or Fund.
Random: Employees in safety-sensitive positions are subject to random drug testing. Those subject to
testing are randomly selected, using scientifically valid methods, from a “pool” of covered employees.
Non-DOT safety-sensitive employees may be included in a Non-DOT testing “pool.” DOT regulated
employees should only be placed in a DOT testing “pool.”
Rehabilitation/Follow-up: An employee must submit to alcohol and/or drug testing where employment
has been conditioned upon remaining alcohol or drug free following treatment based on an
individualized assessment. The Employer will cover the cost of follow-up drug and/or alcohol testing.
POLICY PROHIBITIONS
Employees, applicants and Contractors for the Borough are strictly prohibited from engaging in the
following conduct:
1.
With respect to illegal drugs, employees and applicants violate this Policy by engaging in the
following conduct, whether or not during work time or on Borough premises or property and are
subject to discipline up to and including discharge, or rejection of the application for employment,
or cancellation of contractual agreements:
a. Testing positive in a confirmed drug or alcohol test, or refusing to be tested.
b. Bringing and/or storing (including in a desk, locker, automobile, or other repository)
illegal drugs or drug paraphernalia on Borough premises or property, including Borough-
owned or leased vehicles, or vehicles used for Borough purposes.
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c. Having possession of, being under the influence of, testing positive for, or being in close
proximity to persons using illegal drugs, or otherwise having in one’s system illegal drugs.
d. Using, consuming, transporting, distributing or attempting to distribute, manufacturing,
selling, or dispensing illegal drugs. In addition, the Borough will refer such matters to the
appropriate police authority.
e. A conviction or plea of guilty relative to any criminal drug offense occurring in the
workplace. All employees must notify the Borough in writing of any criminal drug
conviction no later than five (5) calendar days after such conviction. Drug use off-the-job
which adversely affects an employee’s performance on the job, or which has the potential to
jeopardise the health or safety of other employees, the public or the Borough’s equipment or
function, shall be cause for disciplinary action up to and including dismissal. Action will be
taken against employees who are convicted for an off-the job drug offense. In deciding what
action will be taken, the incident will be evaluated in terms of the nature of the conviction,
the employee’s job assignment, the employee’s record with the Borough and other factors
related to the impact of the employee’s conviction on the Borough.
f. Abuse of prescription drugs which includes exceeding the recommended prescribed
dosage or using others’ prescribed medications. Such prescriptions brought to work should
remain in the original labeled container and show the identity of the drug, the identity of the
person prescribed the drug, the prescribing doctor’s name and the prescription’s expiration
date.
g. Switching, tampering with, diluting, or adulterating any specimen or sample collected
under this Policy, or attempting to do so.
h. Refusing to cooperate with the terms of this Policy which includes submitting to
questioning, drug testing, medical or physical tests or examinations, when requested or
conducted by Borough or its designee, is a violation of Borough Policy and may result in
disciplinary action up to and including termination. A refusal to test includes conduct
obstructing testing such as failure to sign necessary paperwork or failing to report to the
collection site at the appointed time.
i. Failure to advise pre-duty the Borough of the use of a prescription or over-the-counter
drug which may alter the employee’s ability to safely perform the essential functions of his
or her job.
j. Failure of an employee to notify his or her supervisor before reporting to work if he or
she believes that he or she is under the influence of drugs.
k. Please note, hemp products may cause a positive marijuana test result. We will not
generally consider use of hemp products a valid medical explanation for a positive marijuana
test result.
2.
With respect to alcohol, employees violate this Policy by engaging in the following conduct during
work time or on Borough premises or property:
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a. Bringing and/or storing (including in a desk, locker, automobile, or other repository)
alcohol on Borough premises or property, including Borough owned or leased vehicles, or
vehicles used for Borough purposes.
b. Having possession of, being under the influence of, testing positive for or having in one’s
system, alcohol. Using, consuming, transporting, distributing or attempting to distribute,
manufacturing, selling, or dispensing alcohol. Exceptions to the policy concerning alcohol
consumption or possession may be made only upon the prior explicit approval of senior
management for specifically identified circumstances.
c. A conviction or plea of guilty relative to any criminal alcohol offense occurring in the
workplace. All employees must notify Borough in writing of any criminal alcohol conviction
not later than five calendar days after such conviction. Alcohol use off-the-job which
adversely affects an employee’s performance on the job, or which has the potential to
jeopardise the health or safety of other employees, the public or Borough’s equipment or
function, shall be cause for disciplinary action up to and including dismissal. Action will be
taken against employees who are convicted for an off-the job alcohol offence. In deciding
what action will be taken, the incident will be evaluated in terms of the nature of the
conviction, the employee’s job assignment, the employee’s record with the Borough and
other factors related to the impact of the employee’s conviction on the Borough.
d. Switching, tampering with, or adulterating any specimen or sample collected under this
Policy, or attempting to do so.
e. Refusing to cooperate with the terms of this Policy which includes submitting to
questioning, alcohol testing, medical or physical tests or examinations, when requested or
conducted by Borough or its designee, is a violation of Borough Policy and may result in
disciplinary action, up to and including termination. A refusal to test includes conduct
obstructing testing such as failure to sign necessary paperwork or failing to report to the
collection site at the appointed time.
f. Failure of employee to notify his or her supervisor before reporting to work if he or she
believes that he or she is under the influence of alcohol.
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HOW CAN YOU HELP?
I.
If you are doing drugs – STOP!
II.
If you need help – ASK!
III.
If you know someone at work who is doing drugs – TAKE ACTION!
IV.
Don’t let someone else’s drug or alcohol problem be the cause of an ON THE JOB INJURY!
Only with your help can we truly have a safe, pleasant, and productive environment at the Borough.
Borough of Waldwick
63 Franklin Turnpike
Waldwick, NJ 07463
(201) 652-5300
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Drug Educational Information
Alcohol (Depressant)
Common Forms:
Beer, wine, hard liquor
How Used:
Oral ingestion, patterns of use vary.
Desired Effect: People drink to relax, to socialize, as a part of a religious ceremony, for the control of
physical and emotional pain, or for a variety of other reasons. Its depression of the central
nervous system is progressive and continuous. It is a mood-modifying drug that usually
provides a temporary feeling of mild euphoria and stimulation. This is a result of the
initial depression of the higher centers of the brain which control inhibition. The more
you drink, the more sedated you then become.
Time in body: Depends on many factors, such as body size, amount of alcohol consumed within an
hour, and other individual factors. Performance is effected in relation to the amount
consumed. Generally, a medium-sized person eliminates the equivalent of one drink per
hour. However, "hangover" effects of alcohol have been documented for as long as 14
hours after consuming an intoxicating dose, well after the blood alcohol levels have
returned to zero.
Observable effects:
Staggering gait
Slurred speech
Odor of alcoholic beverage
Shaky hands
Poor eye-hand coordination
Slowed reaction time
Eyes react slowly to light - wears sun glasses
Work behavior:
Arrive late, leave early, mis-outs
Neglect of physical appearance
Restlessness
Tremors (hands, face, fingers, lips tongue)
Slurred speech
Uninhibited - makes inappropriate remarks
Material
Empty liquor bottles, cans, often in paper bags
Indicators:
Flasks, sometimes disguised as other things
Slang Terms
Booze, juice, hooch, grape, eye-opener, hair-of-the-dog, brew, suds, etc
.
Amphetamines (Amphetamine and Methamphetamine)
Stimulant
Common forms:
Amphetamine - usually capsules or white, flat, double-scored pills.
Methamphetamine - white or granular powder, often packaged in aluminum foil or
plastic bags.
How used:
Orally, sniffed up the nose, or injected.
Desired effects: Most commonly sought after effects include euphoria, postponement of fatigue,
increased energy, alertness and feelings of personal power. Repeated or chronic use often
causes a strong dependence reaction and a schizophrenic loss contact with reality. Users
coming off the drug experience extreme fatigue-induced sleep ("crash"), often followed
by continued fatigue and depression.
Time in body: Injection or sniffed up the nose; "rush" felt within 1 minute. Orally, effects felt within
about ½ hour. Single doses detectable for about 48 hours.
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Observable
effects:
Dilated pupils. Flushed face, rapid respiration, profuse sweating. Hyper-excitability,
talkativeness, restlessness. "Stereotypic" behavior often seen: person engages in
repetitive tasks or mannerisms for extended periods of time. In large doses, inability to
concentrate, confusion, panic.
Work behavior:
Try to do job beyond competence level. Impaired ability to operate equipment.
Takes chances, risks.
Material
Pills, capsules, white powder, granular crystals
Indicators:
Foil wrapped tubes, baggies. Hypodermics and paraphernalia for injections
Slang terms:
Defies, bennies, speed, crank, ice, crystal, white crosses, black beauties
Cocaine - A Stimulant
Common forms:
Cocaine - White crystalline powder. Free-base cocaine (crack) - white granular
"rocks"
How used:
Cocaine--usually snorted up the nose through a straw or from a "coke spoon" after being
chopped to a fine powder with a razor blade. "Crack" -- freebase cocaine--is a processed
version which is vaporized in a pipe and inhaled. Either form may also be injected.
Desired
effect:
Most commonly sought after effects are euphoria, stimulation, postponement of fatigue
and feelings of personal power. The "high" lasts approximately one hour, with a "down"
follow-on period. Psychological and physical dependence to "crack" after one to two
uses; dependency to snorted coke takes longer to develop.
Time in Body: Single doses detectable for 12-24 hours
Observable
effects:
Dilated pupils. Talkativeness, restlessness. Sniffing, runny nose, irritated or bloody nose.
Dramatic mood swings, from "down" to "up" in minutes. Sense of power sometimes
manifested in aggressiveness
Work issues:
Frequent trips "to the restroom"—secluded place. Frequent sick-outs and unexplained
absences. Hyper-excitability and over-reaction to stimulus. Isolation/withdrawal from
friends and activities. Financial problems--borrows, steals and/or sells to support habit.
Insomnia, restlessness, lack of sleep
Material
Indicators:
Small folded paper envelopes (bindles), plastic bags, small vials used to store drug.
Razor blades, mirrors, cut off straws, coke spoons. Small glass pipes, and heat sources
used to volatilize crack.
Slang terms:
Coke, snow, toot, crack, blow, happy dust, "C"
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Marijuana
Common forms:
Dried green-brown flowers and leaves of the hemp (cannabis) plant--also as
compressed tar like lumps (hashish) and sometimes as an oil to be spread on cigarettes
(hash oil).
How used:
Generally smoked in hand-rolled cigarettes (joints) or a small pipe, sometimes eaten in
baked goods or steeped to make a tea.
Desired
effects:
Effects are somewhat dependent on the user and potency of the plant. Low doses tend to
produce a dreamy state of relaxation and euphoria with changes in sensory perceptions
(usually intensified) and alteration in thought formation and expression. Higher doses
intensify these reactions with fragmentation of thought, memory impairment, shortened
attention span, and illusions of insight. Marijuana currently sold on the street is 10 times
more potent today than in past years.
Time in body: Marijuana dissolves in body fat cells and is detectable for extended periods of time--up
to seven (7) days for occasional users and four (4) weeks or longer for chronic users
Observable
effects:
Red bloodshot glassy eyes (users often wear dark glasses and use eye drops to combat).
Poor muscular control. Rambling, disconnected speech patterns. Euphoria--as laughing
out of context. Getting "hung up" - i.e. going into the bathroom to comb your hair and
coming out two hours later. Distinctive odor in air and/or on clothing.
Work issues:
Lack of attention, vision and auditory changes, and poor muscular control. Inability to
respond to emergencies and sudden situational changes. Frequent sick-outs and mis-
outs. Lackadaisical "I don't care" attitude about person and work. Chronic health
problems for frequent users--persistent cough, fatigue, frequent sickness.
Material
indicators:
Baggies of green-brown vegetable matter; rolling papers; small pipes (for marijuana)
and very small pipes (for hashish); "roach clips" to hold the burned end of the marijuana
cigarette; "roaches" discarded on the floor or in ash trays; distinctive odor of marijuana
in the air.
Slang terms:
Dope, grass, reefer, weed, ganja, pot, etc.
Opioids (Morphine and Codeine)--Narcotic Depressants
Common forms:
Street forms are pills, liquids and powders. Morphine is derived from opium.
Opium dissolved in alcohol, containing 10% morphine, is legally available in many
states as "paregoric."
Morphine and codeine are widely used medicinally. Morphine is a naturally occurring
alkaloid, and is also found in products containing poppy seeds. Heroin is a semi-
synthetic derivative of morphine.
How used:
Opium is usually smoked. Codeine is most commonly taken orally. Heroin and morphine
are injected; powders can be snorted; cigarettes can be dipped in paregoric and smoked.
Desired effects: Most commonly effects include euphoria, relief from pain, and a feeling of dissociated
well-being. Low maintenance doses allow the addict to function on a daily basis. The
heroin user experiences a "rush" described as a very pleasurable whole body reaction
lasting 5-10 minutes, followed by several hours of mental and physical relaxation.
Time in body: Single doses are usually detectable for 48-72 hours.
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Observable
effects:
Pinpoint pupils. Sweating, nausea, vomiting in novice users. "Nodding off"--the head
drooping toward the chest, then bobbing up. Overly calm, detached facial expression.
Confusion, mental dullness and slurred speech. Needle marks over veins.
Work issues:
Increased sick-outs, mis-outs. Lack of interest in work, no attention to detail. Sharing of
needles brings a high risk of contracting hepatitis and/or AIDS. High cost of the
addiction may lead to borrowing money, stealing and selling (on or off the premises).
Material
indicators:
Foil or paper "bindles" for holding the drug. Charred spoons or bottle caps, used to cook
the drug. Multiple burned matches used to cook the drug. Needles, syringes, eye
droppers used for injection. Balloons or prophylactics used to hold drug. Bloody tissue
papers, blood on shirt sleeves.
Slang terms:
Heroin, dope, smack, shit, hard stuff, "H", china, monkey dust, china white, etc.
Phencyclidine (PCP)
Common forms:
Pills, liquid, powder, and PCP cigarettes
How used:
Usually smoked with tobacco or marijuana, but may be injected, swallowed, eaten or
snorted.
Desired
effects:
Users report desirable feelings of immobility, numbness, and detachment. Other sought-
after effects include feelings of strength, power, and invulnerability, a dream-like
detachment from reality (often coupled with lack of coordination).
Time
in body:
Usually detectable 1- 8 days, but chronic users may test positive for several weeks
following the last dose.
Observable
effects:
Low doses: Sedated, euphoric, uncoordinated behavior. Wide mood swings. Sparse and
purposeless speech. Muscle rigidity and jerky eye movements (nystagmus).
High doses:
Coma-like states with muscle rigidity and staring, half-closed eyes. Sudden stimuli may
send the user into a psychotic state, with extreme agitation, violent behavior, abnormal
strength, and inability to speak or comprehend.
Work issues:
Wide mood swings, unpredictable behavior, aggressive. Tremendous liability in the
work force.
Material
indicators:
Cigarettes that look as if they have been wet. Crystals, liquids or powders in small vials.
Folded aluminum foil or paper packets.
Slang terms:
PCP, angel dust, hog, dust, DOA, shermans, sherms, peace pills, dummy, etc.
79
Substance Abuse Professionals
NATIONAL RESOURCES
A2Z Alcohol & Drug Abuse-Addiction ......................................................... 1-800-274-2042
Al-Anon/Alateen Family Group Headquarters .............................................. 1-800-356-9996
Alcoholics Anonymous World Service .......................................................... 1-212-870-3400
American Council on Alcoholism Helpline ................................................... 1-800-527-5344
800 Cocaine--An Information and Referral Hotline ...................................... 1-800-262-2463
Nar-Anon Family Group Headquarters .......................................................... 1-310-547-5800
Narcotics Anonymous .................................................................................... 1-818-773-9999
National Association of Alcoholism (NAADAC) ......................................... 1-800-548-0497
www.naadac.org Fax: ............................................................................ 1-800-377-1136
National Association of Addiction Treatment Professionals ......................... 1-717-581-1901
www.naatp.org
National Council on Alcoholism and Drug Dependence, Inc. ....................... 1-212-269-7797
www.ncadd.org
Hope Line (24-hour affiliate referral) ............................................................ 1-800-NCA-CALL
Center for Substance Abuse Prevention’s Workplace Hotline ...................... 1-800-WORKPLACE
National Clearinghouse for Alcohol & Drug Information ............................. 1-800-729-6686
Center for Substance Abuse Prevention’s Drug Information,
Treatment & referral Hotline ......................................................................... 1-800-662-HELP
(Spanish-Espanol) .......................................................................................... 1-800-66-AYUDA
EMPLOYEE ASSISTANCE PROGRAM
West Bergen Mental Healthcare
120 Chestnut Street
Ridgewood, NJ 07450
201-485-7172
80
BOROUGH OF WALDWICK
ALCOHOL AND DRUG-FREE WORKPLACE POLICY
NEW JERSEY NON-DOT
NOTICE TO ALL EMPLOYEES AND APPLICANTS
DRUG-FREE WORKPLACE
The Borough of Waldwick (the Borough) is committed to maintaining a safe, pleasant, and productive
working environment. You have the right to come to work without fear of interacting with someone under
the influence of drugs or alcohol. This Policy highlights the Borough’s New Jersey Drug-Free Workplace
Policy. The Borough’s Designated Employer Representative (DER) is the Borough Administrator. The
Alternative DER is Public Works Superintendent.
The Borough recognizes the prime importance to the Borough of protecting the safety, health and welfare
of its employees and others with whom we interface such as citizens, contractors and members of the public.
The objective of this policy is to maintain a working environment free from the effects of substance abuse.
While the Borough has no intention of intruding into the private lives of its employees, or preventing them
from taking the medicine that they may need to stay safe and healthy, the Borough does expect employees
to report to work unimpaired able to perform the duties of their job safely and effectively. In addition to
absenteeism and accidents, substance abuse can adversely affect performance, productivity and workplace
morale. Co-workers may feel that they have to cover up, or work harder because of someone’s alcohol or
drug use. Ultimately an employee with an alcohol or drugs problem may lose their job and/or suffer
devastating effects on their health. The Borough has a duty to safeguard its employees and the public from
the risk of harm from employees who work under the influence of alcohol and drugs. Similarly, employees
who know that a fellow employee is working under the influence, owe a similar duty. The failure to honor
that duty by taking the right steps to prevent this risk can result in legal liability.
To the extent this Policy supplements, and does not conflict with current collective bargaining agreements,
it is applicable.
Notice of the Borough’s New Jersey Non-DOT Drug and Alcohol testing will be provided on vacancy
announcement and is posted in conspicuous locations on Borough premises.
Our program can help improve your health and help you avoid trouble with the law. Even if you do not use
drugs or alcohol, this program will make your workplace safer and more productive, the Borough safer, and
will help your friends and co-workers get the help they need. Compliance with this policy is a condition of
your hire or continued employment. The Borough has developed its drug-free workplace policy in
compliance with the law. Applicant testing will begin immediately and sixty (60) days after the effective
date of November 24, 2021, all employees are subject to testing as outlined below. The existing drug and
alcohol testing program will remain in place until the effective date of this program.
BOROUGH OF WALDWICK
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DESIGNATED EMPLOYER REPRESENTATIVE (DER) GUIDELINES
ON USE OF FORM TOOLKITS
The following are helpful tips the DER and/or alternate DER may wish to consult in fulfilling their
duties and responsibilities:
Getting Started:
Populate the Drug and Alcohol Testing Policy Development Worksheet with the information
specific to your entity and have this reviewed by legal counsel. As part of this process, you should
complete the Determination of Safety-Sensitive Positions [DFW04]. That is a significant role in
designating those as safety-sensitive in your policy.
Establish date for introduction of the Drug and Alcohol Testing Policy to employees. This Policy
includes the following parts: (1) Policy, (2) Drug Education Information, (3) Substance Abuse
Professionals resource list. You should secure a drug and alcohol awareness video for the meeting
and send out notice of meeting date and time. Make a copy of the Policy for each employee. Note:
the Forms Toolkit and DER Guidelines are not to be given to the employees at the meeting but can
be viewed by them at any time.
On the date of the employee awareness training, have an Employee Awareness Training Session
Log out for employees to sign. Distribute to each employee the following 4 part Policy: Drug and
Alcohol Testing Policy, Drug Education Information, Substance Abuse Professional resource
list, and the Active Employee Certificate of Agreement, Receipt of Drug-Free Workplace
Policy Consent Form. Then walk through significant Policy provisions. At the end of the program
have each active employee sign the Active Employee Certificate of Agreement Receipt of
Employee Policy Statement Consent Form [DFW01] and place in their personnel file.
Establish a time and date to conduct reasonable suspicion training for supervisors. This training
should be one hour for alcohol and one hour for drugs and conducted by someone who can issue
certifications of such training.
Prepare file folders for your Drug and Alcohol Testing Policy records retention and maintain these
files separate from personnel files as you would medical records.
Select a Certified Medical Review Officer, Laboratory, collection site and Third Party
Administrator to assist with your program.
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Applicant/Employee Testing
Have all applicants sign the Pre-Employment Substance Testing, Consent and Release Form
[DFW02] before you schedule them for a pre-employment drug test.
If the employee fails to show for testing on time, you should receive a call from the collection site.
Failure to show up on time is usually determined to be a “refusal to test” subjecting the employee to
discipline or rejection of application under your Policy. If there is a refusal, you may wish to consider
faxing an Acknowledgment of Consequences of Refusal to Participate in Drug or Alcohol Testing
[DFW03] to the collection site while the employee is still present.
CMRO Report
You should get to know your Certified Medical Review Officer (CMRO) and request that he/she
explain their role and answer your questions.
Post-Accident
In the event the employee is involved in a work place accident, check that the employee is drug
tested in accordance with your Policy and workers’ compensation requirements.
Reasonable Suspicion
The trainer that you have selected for Supervisory Reasonable Suspicion training should be able to
provide you both Contemporaneous and Long-term Observation checklists.
Refusal to Submit to Testing
Use Acknowledgment of Consequences of Refusal to Participate in Drug or Alcohol Testing
[DFW03] and have two (2) supervisors sign verifying that refusal.
Removal from Safety-Sensitive Duty on a Verified Positive or Refusal
Do not wait on the CMRO’s written report but act upon the CMRO’s oral report of verified
positive drug test, adulterated or substituted drug test.
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Borough of Waldwick
Active Employee Certificate of Receipt [DFW01]
I do hereby certify that I have received and read the New Jersey Drug-Free Workplace Policy, which explains the
Borough’s adherence to New Jersey Laws. I have had the terms and conditions of the Borough's Drug and Alcohol
Testing policy explained to me relative to screening or tests by the Borough, for the purpose of determining the
presence of, and content of, any or all of the following substances under circumstances as set forth in the Borough's
Policy:
1.
Amphetamines
4.
Phencyclidine (PCP)
2.
Cannabinoids
5.
Cocaine
3.
Opioids
Testing may also include a metabolite of any of the above substances and mind altering synthetic narcotics or
designer drugs. The term “illegal use of drugs” includes any controlled or scheduled drug not used in accordance
with a health care provider’s lawful prescription for the user, or any substances banned by Federal or applicable
State laws.
I understand that any employee who tests positive, or refuses to be tested, may be subject to appropriate
disciplinary action for engaging in willful misconduct connected with work, up to and including immediate
termination, and/or forfeit eligibility for Worker’s Compensation benefits N.J. Stat. Ann. § 34:15-7 if post-accident
and may adversely affect an employee’s eligibility to receive Unemployment Compensation benefits.
POSITIVE DRUG OR ALCOHOL TEST, OR REFUSAL CONSEQUENCES:
1) Classified as a positive test or refusal to test
2) Discharge from employment
3) Possible disqualification from Workers' Compensation Benefits
4) Possible disqualification from Unemployment Compensation Benefits
I also understand that it is not the purpose of this test to identify any disability I may have and that all activities
will be conducted in accordance with ADA regulations.
I also understand that the Borough and/or its designated representative will collect specimens for testing for the
purpose of determining the presence of, and content of, drug and alcohol substances, as well as to obtain results
from any alcohol or drug test administered post-accident by law enforcement and release of the results of said
tests to the Borough, its DERs, to the Borough's Medical Review Officer, and as set forth in the Policy.
Employee Printed Name: ____________________________
Employee Signature: ______________________ Date: _______________
Witness Printed Name: _____________________________Witness Signature: _________________________
(This form is to be signed by employee and retained in personnel file.)
21
84
Borough of Waldwick
Pre-Employment Substance Testing
Consent and Release Form [DFW02]
I do hereby certify that I have been given notice of the Borough's pre-employment substance abuse
testing policy; that I have been provided with access to a copy of the Borough's New Jersey Drug-
Free Workplace Policy and have been made a conditional offer of employment. I hereby freely and
voluntarily consent to submit to tests as shall be determined by the Borough in the selection process
of final applicants for employment, for the purpose of determining the presence of, and content of,
any or all of the following substances:
1.
Amphetamines
4.
Phencyclidine (PCP)
2.
Cannabinoids
5.
Cocaine
3.
Opioids
Testing may also include a metabolite of any of the above substances and mind-altering synthetic
narcotics or designer drugs. The term “illegal use of drugs” includes any controlled or scheduled
drug not used in accordance with a health care provider’s lawful prescription for the user, or any
substances banned by Federal or applicable State laws.
I agree that the employer representative, collection site, physician, or clinic may collect these
specimens for screening or testing and may screen them or forward them to a testing laboratory for
analysis.
I further agree to and hereby authorize the release of the results of said tests to the Borough, its
DERs, and to the Borough's Medical Review Officer and its agents as provided in the Policy.
I understand that a negative test is a pre-condition of employment with the Borough and that
refusal to submit to testing, or a positive test result will result in the rejection of my application,
or the rescinding of a conditional offer of employment. I also understand that it is not the purpose
of this screen or test to identify any disability I may have and that pre-employment screening and
testing activities are conducted in compliance with ADA requirements.
I further agree that a reproduced copy of this pre-employment consent and release form shall have
the same force and effect as the original and shall continue while my application is being
considered and during any post-consideration proceedings. I have carefully read the foregoing and
fully understand its contents. I acknowledge that my signing of this consent and release form is a
voluntary act on my part and that I have not been coerced into signing this document by anyone.
Applicant: Print name: ___________________________ SS# ________________________
Applicant Signature: ____________________________ Date ________________________
Witness Printed Name: __________________________ Witness Signature: ____________________
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Borough of Waldwick
ACKNOWLEDGMENT OF CONSEQUENCES OF
REFUSAL TO PARTICIPATE IN DRUG TESTING [DFW03]
I, ______________________________, an employee of the Borough of Waldwick, acknowledge that I
am refusing to report for Drug and Alcohol testing in accordance with the requirements of the Borough
of Waldwick’s New Jersey Drug-Free Workplace Policy. I am aware that I am in violation of the Policy.
I am aware that I am subject to certain adverse consequences as a result of my choice.
REFUSAL CONSEQUENCES:
1) Classified as a refusal to test
2) Possible discharge from employment
3) Possible disqualification from workers' compensation benefits
4) Possible disqualification from unemployment compensation benefits
I have read this Acknowledgment of Consequences of Refusal to Participate in Drug Testing and
understand it.
Employee Signature
Date
Witness Signature
Witness Address (city, state, zip)
(If employee refuses to sign, please have two witnesses sign below)
Witness 1 Signature
Witness 2 Signature
Witness 1 Address (city, state, zip)
Witness 2 Address (city, state, zip)
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Borough of Waldwick
Determination of Safety-Sensitive Positions [DFW04]
To:
Mayor and Council
From:
Patrick Wherry, Borough Administrator
Re:
Determination of Positions Classified as Safety Sensitive
I have reviewed the job descriptions and duties for the following positions, in coordination with Borough
counsel, and have determined that they meet the criteria for a safety-sensitive position as set forth in the
Policy, in that:
Safety-sensitive employees are those employees who discharge duties fraught with risks of injury to others
that even a momentary lapse of concentration can have disastrous consequences. Factors which have been
considered in determining whether a position is safety sensitive include handling of potentially dangerous
machinery, sharp objects, working at heights, positions requiring a high level of cognitive function, mostly
unsupervised responsibility for children, and handling of hazardous substances in an environment where
others could be injured. Positions which have been found to be safety-sensitive include firefighters,
emergency medical technicians, law enforcement officials who carry firearms, fire and police dispatchers,
911 operators, heavy machinery operators, forklift operators, bus drivers, some (but not all) transportation
workers, pipeline operators, gas meter repairmen, jail officers, and those involved in security functions. All
Department of Transportation (DOT) regulated employees are determined to be safety-sensitive by those
regulations. Unless an employee comes under drug testing regulations of some federal agency, each
position, job classification or department, should be individually evaluated to determine whether the
employee is safety-sensitive in accordance with the above guidelines.
Using the above criteria, the following positions have been classified by the Borough as safety-sensitive:
Police Chief, Police Lieutenant, Police Sergeant, Police Officer, Public Safety Telecommunicator, School
Traffic Guard, Public Works Superintendent, Water Repair Supervisor, Public Works Supervisor, Public
Works Repairer, Laborer 1, Construction Official, Sub-Code Official, Pool Operator, Head Lifeguard,
Senior Lifeguard, Lifeguard, Head Swim Team Coach, Swim Lesson Instructors, Tennis Instructor,
Emergency Temporary Help, Members of the Waldwick Volunteer Fire Department, and Members of the
Waldwick Volunteer Ambulance Corps (WALVAC). Elected officials who are not otherwise classified as
employees are not subject to testing under this Policy.
87
CHANGING VITAL INFORMATION
It is the responsibility of each employee to notify the Borough Administrator and the payroll office
promptly, in writing, of any changes of vital information including but not limited to:
Name
Address
Telephone Number
Marital Status
Dependent Children
Change in status for health care programs
Change in status for dental coverage
Change of beneficiary on pension or life insurance policies
Change in tax status for tax withholding purposes
Persons to notify in case of emergency
Changes may be accomplished by completing and filing an Employee Information Change Form with
the Borough Administrator and by completing the necessary insurance and pension forms with the
payroll office. When necessary, the payroll office will provide the employee with additional proper
forms to change beneficiary, income tax deductions, etc.
88
Employee Information Change Form
Employee Name:
Department:
Indicate the change you are reporting by checking the appropriate line:
Name
Address
Phone Number
Birth of Child
Death of Covered Family Member
Marriage
Divorce
Child's Status as Dependent (for tax or insurance coverage benefits)
Please provide details relating to the change you have check above, including the date of the
change.
I authorize these changes to be effective
Signature of Employee:
Date:
89
COMPUTER USE, ELECTRONIC MAIL, AND INTERNET POLICY
The Employer’s e-mail, voicemail, computer systems and Internet service are for official Employer
business and use for all other non-business purposes during working time is prohibited. “Working time”
shall be defined as any time in which the employee is engaged in or required to be performing work tasks
for the Employer. Working time excludes times when employees are properly not engaged in performing
work tasks, including break periods and meal times. This includes, but is in no way limited to, the use of
computers or Employer-issued mobile devices, use of social networking, gaming or TV/video.
Note: All e-mail, voicemail, text, and internet messages are official documents subject to the
provisions of the Open Public Records Act (“OPRA”), N.J.S.A. 47:1A-1 et seq.
The Employer operates in an environment where the use of computers, e-mail and the Internet are essential
tools for certain employees. Those employees are encouraged to use computers, e-mail and the Internet;
however, it is the responsibility of the employee to guarantee that these systems are solely used for
business-related purposes during working time, (as defined above) and are used in a proper and lawful
manner at all times.
Employees are advised that all computers owned by the Employer are to be used for business purposes
only during working time (as defined above), and that they have no expectation that any information stored
on an Employer computer is private. Because e-mail messages are considered as business documents, the
Employer expects employees to compose e-mails with the same care as a business letter or internal memo.
Downloading or misusing software available through the Internet could violate copyright laws or
licensing requirements.
Personal use of any computer during working time (as defined above) is prohibited, unless expressly
authorized by the employee’s supervisor.
The Employer reserves the right to block or cancel an employee’s access to Internet sites or the Internet
as a whole while using business computers or on the Employer’s time.
The e-mail, telephone, and Internet systems, as well as the messages thereon, are the property of the
Employer.
The Employer reserves its right to monitor its computer systems, including but not limited to, e-mail
messages, computer files and Internet usage, with or without notice, at any time, at the Employer's
discretion. The Employer also reserves the right to access and disclose such communications and
recordings to third parties in certain circumstances. Therefore, employees shall have no expectation of
privacy in any transmissions made or received using Employer computers or email accounts.
Employees must be aware that the mere deletion of a file or message may not fully eliminate that file or
message from the system.
90
The existence of personal access codes, passwords and/or "message delete functions," whether provided
by the Employer or generated by the employee, do not restrict or eliminate the Employer's access to any
of its electronic systems as the employees shall be on notice that they should not have any expectation of
privacy when using these systems.
Employees who use an Employer computer to access a personal email account or other personal
information or data does not have any expectation of privacy under these circumstances.
Employees shall not share personal access codes or passwords, provide access to an unauthorized user,
or access another's e-mail or Internet account without authorization.
The Employer's network, including its connection to the Internet, is to be solely used for business-related
purposes during working time (as defined above). If permission is granted, an employee’s personal use
of the Employer's computer, e-mail and connection to the Internet shall not interfere with the employee’s
duties and shall comply with the Employer’s policies and all applicable laws.
Any messages or transmissions sent outside of the organization via e-mail or the Internet will pass
through a number of different computer systems, all with different levels of security. Accordingly,
employees must not send privileged and/or confidential communications (i.e. Social Security numbers,
medical and/or HIPAA protected information, dependent information or other information protected from
unlawful disclosure), via e-mail or the Internet unless the message is properly encrypted, and should
consider a more secure method of communication for such data.
Because postings placed on the Internet may display the Employer’s address or other Employer-related
information, and thus reflect on the Employer, make certain before posting such information that it
exhibits the high standards and policies of the Employer. Under no circumstances shall data of a
confidential nature (i.e. Social Security numbers, medical and/or HIPAA protected information, dependent
information or other information protected from unlawful disclosure) be posted on the Internet.
If you identify yourself as an employee in any manner on any internet posting or blog, comment on any
aspect of the Employer’s business or post a link to the Employer, you must include the following
disclaimer in an openly visible location: "the views expressed on this post are mine and do not necessarily
reflect the views of the Employer or anyone associated/affiliated with the Employer."
Subscriptions to news groups or mailing lists are permitted only when the subscription is for a work-
related purpose and authorized by Employer. Any other subscriptions are prohibited.
All files downloaded from the Internet, e-mail attachments or the like should be checked for possible
viruses. If uncertain whether your virus-checking software is current, you must check with the Employer's
Network Administrator before downloading.
Any "unauthorized use" of e-mail or the Internet is strictly prohibited while at work or while using an
Employer computer. "Unauthorized use" includes, but is not limited to: connecting, posting, or
downloading obscene, pornographic, violent, sexually suggestive, or discrimination based material;
attempting to disable or compromise the security of information contained on the Employer's computer
91
systems; or sending or receiving obscene, violent, harassing, sexual or discrimination based messages. If
an employee receives a message that is representative of an "unauthorized use" of the Employer's
electronic media from someone outside of the Employer, it is the employee's duty to immediately inform
the sender of such materials that he or she must refrain from sending such materials.
Your Internet postings SHOULD NOT VIOLATE ANY OTHER APPLICABLE EMPLOYER
POLICY, including, but not limited to, the following: the Employer’s Anti-Harassment and
Discrimination Policies.
Employees are required to use their assigned Borough email account for Borough business and
correspondence.
Employer business which is conducted by an employee on his or her personal computer or device is
subject to this policy and may be subject to the provisions of OPRA.
Employees are prohibited from storing or maintaining any work product related to Borough business on
any external source, including, but not limited to, a thumb drive, unless being given permission to do so.
Any employee who violates this policy shall be subject to disciplinary action, up to and including
termination. This policy shall not be construed to restrict employees' rights to share information about
their employment terms and conditions communicate with each other; or engage in other concerted
activities for their mutual aid and protection.
Social Network Postings
For purposes of this policy, a social network is defined as a site that uses internet services to allow
individuals to construct a profile within that system, define a list of other users with whom they share
some connection, and view and access their list of connections and those made by others within that
system. The type of network and its design vary from site to site. Examples of the types of Internet based
social networking activities include: blogging, networking, photo sharing, video sharing, microblogging,
podcasting, as well as posting comments on the sites. The absence of, or lack of explicit reference to a
specific site or activity does not limit the extent of the application of this provision.
The use of the Internet and social networking sites, including but not limited to Snapchat,
Facebook, and Twitter, is a popular activity; however, employees must be mindful of the negative impact
of inappropriate or unauthorized postings upon the Employer and its relationship with the community.
This provision identifies prohibited activities by employees on the Internet where posted information is
accessible to members of the general public, including, but not limited to, public postings on social
networking sites.
Specifically, the Employer reserves the right to investigate postings, private or public, that violate
work-place rules, such as the prohibition of sexual harassment and other discriminatory conduct, where
such postings lawfully are made available to the Employer by other employees or third parties. Employees
should use common sense in all communications, particularly on a website or social networking site
92
accessible to anyone. If you would not be comfortable with your supervisor, coworkers, or the
management team reading your words, you should not write them.
Be advised that employees can be disciplined for commentary, content, or images that are
defamatory, pornographic, proprietary, harassing, libelous, or that can create a hostile work environment.
You can also be sued by agency employees or any individual who views your commentary, content, or
images as defamatory, pornographic, proprietary, harassing, libelous or creating a hostile work
environment. What you say or post on your site or what is said or posted on your site by others could
potentially be grounds for disciplinary action, up to and including termination. However, nothing in this
social networking policy is designed to interfere with, restrain, or prevent social media communications
during non-working hours by employees engaging in protected concerted activities regarding wages,
hours, or other terms and conditions of employment pursuant to the New Jersey Employer-Employee
Relations Act or to prevent communications which are protected by the First Amendment freedom of
speech clause, unless such communications are made as part of the employees’ official job duties.
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TELEPHONE AND PERSONAL COMMUNICATION USAGE POLICY
Land-line Telephones. Employer telephones are for official business use only during working time.
Charges for all other usage, including personal calls and unauthorized use of such devices, must be
reimbursed to the Employer. Working time shall be defined as any time in which the employee is engaged
in or required to be performing work tasks for the Employer, and excludes times when employees are
properly not engaged in performing work tasks, including break periods and meal times.
Employer-Issued Mobile Phones/Devices. Employer-issued mobile devices may be issued to certain
employees in the course of their employment with the Employer. Such Employer-issued devices are the
sole and exclusive property of the Employer and are only to be utilized by employees in the course and
scope of their employment during working time (any time in which the employee is engaged in or required
to be performing work tasks for the Employer not to include times when employees are properly not
engaged in performing work tasks, including break periods and meal times.) Employees will be charged
for costs incurred due to their personal use of such devices. Accordingly, the Employer reserves the right
to monitor the use of the Employer-issued cell-phones without notice, at any time, and any such data
collected from the mobile device equipment is the sole and exclusive property of the Employer to be used
for any purpose.
Similarly, the Employer reserves the right to review the manner and use of these mobile devices and
physically inspect the equipment at any time with or without notice. Accordingly, the employee shall
have no reasonable expectation of privacy in any transmissions made or received using an Employer-
issued mobile device, nor any content stored on such devices.
Employees are expected, at all times, to respect the integrity of the Employer-issued mobile devices and
to maintain the equipment in proper working condition. If an employee discovers or recognizes that the
mobile device is not in proper working condition, it is the employee’s responsibility to bring the issue to
the attention of his or her supervisor immediately.
Upon termination of employment or in the instance of an upgrade to the employee’s phone or service, the
employee must return the Employer-issued device to the Employer.
Prohibited Use of Personal Communication Devices. To alleviate distraction and disruption of regular
work routines, personal communication devices are strictly prohibited from use during working time (any
time in which the employee is engaged in or required to be performing work tasks for the Employer not
to include times when employees are properly not engaged in performing work tasks, including break
periods and meal times.) while in work areas, except where the Employer has provided such device(s) to
employees for business use, or in case of an emergency (such as illness, accident, and calls of a similar
emergent nature).
Employees are prohibited from using their personal communication device to copy and/or upload any,
confidential information (i.e. Social Security numbers, medical and/or HIPAA protected information,
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dependent information or other information protected from unlawful disclosure). Employees must make
reasonable efforts to obtain supervisor approval prior to making emergency calls during working time.
Personal communication devices are defined as, but not limited to, cellular or two-way phones, text-
messaging devices, iPhones, Android-enabled devices, BlackBerrys and pagers.
Other Personal Electronic Devices. Employees are not permitted to utilize electronic devices such as
personal laptops, game systems, portable DVD players or any other type of personal entertainment
systems while at work.
Violation of this policy may subject an employee to disciplinary action up to and including termination.
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CONDUCT OF EMPLOYEES
Employees are expected to conduct themselves in a manner which exhibits a respect for the rights and
property of the Employer, fellow employees, and residents. While many of these behaviors are addressed
under specific policies, the following list, while not all inclusive, further identifies examples of
inappropriate behavior:
• Insubordination or the refusal by an employee to follow management’s instructions concerning job-
related matters
• Neglect of duty
• Incompetency, inefficiency or incapacity
• Fighting or creating a disturbance among fellow employees
• Using obscene, abusive, or threatening language or gestures
• Sleeping on duty
• Use or possession of intoxicants, narcotics or controlled substances without a prescription, being
intoxicated or narcotized while on duty
• Absence without leave or failure to report after authorized leave has expired or after such leave has been
disapproved or revoked; provided that any regular member or officer of the police department who shall
be absent from duty without just cause for a period of five days shall cease to be a member of the police
department, as provided by N.J.S.A. 40A:14-122, as amended.
• Using leave for purposes other than for which it was granted
• False statements, misrepresentation, or fraud in application form or any other matter concerning
employment
• Chronic or excessive absenteeism
• Disorderly or immoral conduct
• Theft, bribery or unauthorized use or possession of the Employer, co-worker or resident property
• Disregarding safety or security regulations
• Falsifying or otherwise altering Employer records or reports, such as applications for employment,
medical reports, production reports, time records, expense accounts, absentee reports, or shipping and
receiving records
• Negligence or willful damage to public property or wasteful, unnecessary or unauthorized use of
Employer supplies, especially for personal purposes
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• Conviction of a crime
• Failure to maintain confidentiality of employer information
• The use or attempted use of one's authority or official influence to control or modify the political action
of any employee or engaging in any form of political activity during working hours
• Infringement of policies defined in this manual or failure to comply with departmental rules and
regulations
• Rude or disrespectful conduct toward the public
• Failure to maintain workplace and area cleanliness and orderliness
• Smoking where prohibited by ordinance, law or Employer rules
• Improper attire or inappropriate personal appearance
• Engaging in any harassment or discrimination based upon a protected class
• Violation of Employer policies on solicitation or distribution
• Possession of firearms or other weapons on Employer property or while on official business, unless
otherwise authorized by the Employer
• Other actions disruptive to the effective, efficient, economical operation of the Employer’s affairs
• Conduct unbecoming a public employee. It is important that all employees perform to the best of their
abilities at all times.
There will be occasions, however, where employees perform at an unsatisfactory level, violate a
policy, or engage in inappropriate behavior. Except as otherwise provided by a collective
bargaining agreement or by law, employment may be terminated at-will by the employee or the
Employer at any time with or without cause and without following any system of discipline or
warnings.
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CONFIDENTIALITY OF PERSONNEL RECORDS
The Borough Administrator will ensure that adequate personnel records are maintained for each employee
in accordance with applicable Federal and State requirements. These records shall include: dates of
appointments, transfers, promotions and terminations, job titles, salaries, commendations, complaints,
performance evaluations, disciplinary actions, amount of leave accrued and used, a record of the
employee's training and other related matters, and attendance records.
A new employee's employment application, letters of reference, reference verification and any other
supporting documents will be included in the personnel file. Confidential medical records are maintained
in a separate file.
Personnel records, other than name, title, salary, compensation, dates of service, reason for separation,
and information on specific educational or medical qualifications required for employment, are
confidential and are available only to the employee, an authorized representative of the employee, and the
Borough Administrator. Personnel records may also be available to the Borough Administrator, other
members of management, the Employer's legal counsel, and members of the governing body on a need-
to-know basis in connection with official duties. Additionally, the Employer will make the records
available as required by law.
Employees are entitled to review the contents of their personnel folder, except for reference checks and
other information provided to the Employer in the hiring process, but may not review the contents of other
employees' personnel file. Employees who want to review their own personnel folder should request an
appointment with the Borough Administrator. Employees should provide the Employer with at least
twenty-four (24) hours advance notice of his or her need for an appointment to review his or her personnel
file. To protect the integrity of the personnel files, the employee will review the personnel file in the
presence of the Borough Administrator or his/her designee. Employees will not be permitted to photocopy
the contents of their folder, take personnel folders outside of the Administration office or remove any
documents from the folder.
Employees whose duties require access to personnel documents or information must maintain their
confidentiality. Violators of this confidentiality will be subject to disciplinary action up to and including
termination.
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CONTAGIOUS/LIFE THREATENING ILLNESS POLICY
The Employer is committed to providing and maintaining a healthy and safety work environment which
allows all employees to perform their jobs in a safe and productive manner. The Employer respects the
dignity and worth of every employee through its Equal Opportunity Employment statement, which
explains its policy and practice with respect to prohibiting discrimination in every phase of employment.
The Employer provides support for individual employees who may be facing the trauma of a life-
threatening or catastrophic illness. The purpose of this policy is to support the physical and emotional
health of all employees, minimize disruptions of productivity and morale caused by the presence of a
worker with a life-threatening illness, and demonstrate the Employer's continued commitment to its
affirmative action goals related to physically disabled employees.
If an employee has learned that he or she has a contagious or life threatening illness, including but not
limited to HIV/AIDS, the employee should take all steps to protect further spread of the disease or illness.
When appropriate, the employee’s Department Head should be notified of any illnesses that may affect
the health, safety, and welfare of any co-employee or member of the general public. Employees with such
conditions, who are able to meet appropriate standards and whose continued employment does not pose a
threat to their own health and safety or that of others, are assured equal employment opportunities and
reasonable accommodations in their employment. If an employee is able to work, he or she is expected to
be productive. If the individual cannot work, then he or she may be eligible for disability benefits.
Consistent with the concern for employees with life-threatening illness, the Employer offers the following
resources through the Borough Administrator:
1) Employee education and information on terminal illnesses and specific life-threatening illnesses.
2) Referral to agencies and organizations which offer supportive services for life-threatening illnesses.
3) Consultation in assisting employees in efficiently managing health, leave and other benefits. The
Employer encourages employees who need these resources to contact the Borough Administrator.
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DISCIPLINE AND TERMINATION POLICY
Corrective disciplinary action, as appropriate, will be taken against any employee found to be in violation
of established procedures. All disciplinary action shall be based upon total concern for the employee, the
employee's relationship with his/her fellow workers, the employee's relationship with his/her supervisor,
and the best interest of the Employer. Such disciplinary action shall be of a positive, educational and
corrective nature, and shall not be used in an abusive or vindictive manner.
Discipline is considered to be major or minor. Major discipline shall include:
Removal
Disciplinary demotion
Suspension of greater than five (5) days
Minor discipline is a formal written reprimand or a suspension or fine of five (5) or less days.
This policy covers non-union employees. It also covers union employees to the extent that their collective
bargaining agreements do not cover this subject matter.
Procedure in Major Disciplinary Actions – Generally, an employee will be served with a "Preliminary
Notice of Disciplinary Action" ("PNDA") setting forth the charges against the employee and affording a
hearing opportunity at a specified date, time and location. The employee must respond with a request for
a hearing within five (5) days of the receipt of PNDA; otherwise, the hearing is waived. After the hearing
(or a waiver of a hearing), a decision is made and within twenty (20) days, unless additional time is agreed
to by the parties. Written notification to the employee shall be made by issuing a “Final Notice of
Disciplinary Action” form.
An immediate suspension may be imposed prior to a hearing when:
1. The employee is unfit for duty or presents a hazard to any person if permitted to remain
on the job or the suspension is necessary to maintain safety, health, order or effective
direction of public services. However, a PNDA with opportunity for a hearing must be
served in person or by certified mail within five (5) days following the immediate
suspension; or
2. The employee is suspected/charged with an act of misdemeanor, felony or any form of
malicious mischief which leads to arrest and/or incarceration and fails to notify his
Department/Division Head or Designated Superior immediately. This failure could
result in disciplinary action, up to and including termination; or
3. The employee has been formally charged with a crime of the First, Second or Third
Degree or a crime of the Fourth Degree directly related to the employee's job.
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Where a suspension is immediate, and is without pay, the employee must first be apprised either orally or
in writing regarding the charges, the reason why an immediate suspension is sought, and a general
description of the evidence in support of the charges. The employee will be provided an opportunity to
respond to the charges before a representative of the Employer. The response may be oral or in writing.
An employee may be subject to discipline, including termination, for any of the following reasons:
Incompetency, inefficiency or failure to perform duties;
Insubordination;
Inability to perform duties;
Chronic or excessive absenteeism or lateness;
Conviction of a crime;
Conduct unbecoming a public employee;
Neglect of duty;
Misuse of public property, including motor vehicles;
Discrimination that affects equal employment opportunity, including sexual harassment;
Violation of federal regulations concerning drug and alcohol use by and testing of
employees who perform functions related to the operation of commercial motor vehicles,
and state and local policies issued thereunder;
Falsification of public records, including attendance and other personnel records;
Failure to report absence;
Harassment of co-workers and/or volunteers and visitors;
Theft or attempted theft of property belonging to the Employer, fellow employees,
volunteers or visitors;
Unauthorized absences and/or chronic or excessive absences;
Fighting on Employer’s property at any time;
Being under the influence of intoxicants (e.g., liquor) or illegal drugs (e.g., cocaine or
marijuana) on Employer property and at any time during work hours;
Failure to report to work on the day or days prior to or following a vacation, holiday and/or
leave, and/or any other unauthorized day of absence;
Possession, sale, transfer or use of intoxicants or illegal drugs on Employer property and at
any time during work hours;
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Entering the building without permission during non-scheduled work hours;
Soliciting on Employer premises during work time. This includes but is not limited to
distribution of literature or products or soliciting membership in fraternal, religious, social
or political organizations, and for sales of products, such as those from Avon, Amway, etc.;
Careless waste of materials or abuse of tools, equipment or supplies;
Deliberate destruction or damage to Employer property or the property of other employees;
Sleeping on the job;
Carrying weapons of any kind on Employer premises and/or during work hours, unless
carrying a weapon is a function of your job duties;
Violation of established safety and fire regulations;
Unauthorized absence from work area, and/or roaming or loitering on the premises, during
scheduled work hours;
Defacing walls, bulletin boards or any other property of the Employer or other employees;
Unauthorized disclosure of confidential Employer information;
Gambling on Employer premises;
Horseplay, disorderly conduct and use of abusive and/or obscene language on Employer
premises;
Deliberate delay or restriction of your work effort, and/or incitement of others to delay or
restrict their work effort;
Conviction of a crime or disorderly persons offense;
Violating any Employer rules, procedures, regulations or policies;
Unauthorized use of computers, Internet, email, voicemail, telephone and cellular phone;
and
Other sufficient cause.
These are mere examples and not an exhaustive list or binding on the Employer. Additionally,
the Employer reserves the right to use any and all forms of discipline on a case-by-case basis and
is not obligated to use progressive discipline. Employment with the Employer may be terminated
at any time with or without cause or reason by the employee or Employer.
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DOMESTIC VIOLENCE POLICY
PURPOSE
The purpose of the State of New Jersey Domestic Violence Policy for Public Employers (herein "policy")
is to set forth a uniform domestic violence policy for all public employers to adopt in accordance with
N.J.S.A. 11A:2-6a. The purpose of this policy is also to encourage employees who are victims of
domestic violence, and those impacted by domestic violence, to seek assistance from their human
resources officers and provide a standard for human resources officers to follow when responding to
employees.
DEFINITIONS
The following terms are defined solely for the purpose of this policy:
Domestic Violence - Acts or threatened acts, that are used by a perpetrator to gain power and control
over a current or former spouse, family member, household member, intimate partner, someone the
perpetrator dated, or person with whom the perpetrator shares a child in common or anticipates having
a child in common if one of the parties is pregnant. Domestic violence includes, but is not limited to the
following: physical violence; injury; intimidation; sexual violence or abuse; emotional and/or
psychological intimidation; verbal abuse; threats; harassment; cyber harassment; stalking; economic
abuse or control; damaging property to intimidate or attempt to control the behavior of a person in a
relationship with the perpetrator; strangulation; or abuse of animals or pets.
Abuser/Perpetrator - An individual who commits or threatens to commit an act of domestic violence,
including unwarranted violence against individuals and animals. Other abusive behaviors and forms of
violence can include the following: bullying, humiliating, isolating, intimidating, harassing, stalking, or
threatening the victim, disturbing someone's peace, or destroying someone's property.
Human Resources Officer (HRO) –An employee of a public employer with a human resources job title,
or its equivalent, who is responsible for orienting, training, counseling, and appraising staff. Persons
designated by the employer as the primary or secondary contact to assist employees in reporting
domestic violence incidents.
Intimate Partner - Partners of any sexual orientation or preference who have been legally married or
formerly married to one another, have a child or children in common, or anticipate having a child in
common if one party is pregnant. Intimate partner also includes those who live together or have lived
together, as well as persons who are dating or have dated in the past.
Temporary Restraining Order (TRO) - A civil court order issued by a judge to protect the life, health or
well-being of a victim. TROs can prohibit domestic violence offenders from having contact with victims,
either in person or through any means of communication, including third parties. TROs also can prohibit
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offenders from a victim's home and workplace. A violation of a TRO may be a criminal offense. A TRO
will last approximately 10 business days, or until a court holds a hearing to determine if a Final Restraining
Order (FRO) is needed. In New Jersey, there is no expiration of a FRO.
Victim - A person who is 18 years of age or older or who is an emancipated minor and who has been
subjected to domestic violence by a spouse, former spouse, or any other person who is a present
household member or was at any time a household member. A victim of domestic violence is also any
person, regardless of age, who has been subjected to domestic violence by one of the following actors: a
person with whom the victim has a child in common; a person with whom the victim anticipates having
a child in common, if one of the parties is pregnant; and a person with whom the victim has had a dating
relationship.
Workplace-Related Incidents - Incidents of domestic violence, sexual violence, dating violence, and
stalking, including acts, attempted acts, or threatened acts by or against employees, the families of
employees, and/or their property, that imperil the safety, well-being, or productivity of any person
associated with a public employee in the State of New Jersey, regardless of whether the act occurred in
or outside the organization's physical workplace. An employee is considered to be in the workplace
while in or using the resources of the employer. This includes, but is not limited to, facilities, work sites,
equipment, vehicles, or while on work-related travel.
PERSONS COVERED BY THIS POLICY
All employees are covered under this policy, including full and part time employees, casual/seasonal
employees, interns, volunteers and temporary employees at any workplace location.
RESPONSIBILITY OF EMPLOYERS TO DESIGNATE A HUMAN RESOURCES OFFICER
The Employer hereby designates the following employees as the Primary HRO and Secondary HRO, to
assist employees who are victims of domestic violence.
Primary HRO:
Patrick Wherry / Borough Administrator / 201-652-5300 x227
Secondary HRO:
Kelley Halewicz / Borough Clerk / 201-652-5300 x236
The designated Primary and Secondary HRO shall receive training on responding to and assisting
employees who are domestic violence victims in accordance with this policy.
Managers and supervisors are often aware of circumstances involving an employee who is experiencing
domestic violence. Managers and supervisors are required to refer any employee who is experiencing
domestic violence or who report witnessing domestic violence to the designated HRO. Managers and
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supervisors must maintain confidentiality, to the extent possible, and be sensitive, compassionate, and
respectful to the needs of persons who are victims of domestic violence.
The name and contact information of the designated HRO will be provided to all employees.
This policy does not supersede applicable laws, guidelines, standard operating procedures, internal
affairs policies, or New Jersey Attorney General Directives and guidelines that impose a duty to report.
For example, if there is any indication a child may also be a victim, reporting is mandatory to the
Department of Children and Families, Child Protection and Permanency, under N.J.S.A. 9:6-8.13.
DOMESTIC VIOLENCE REPORTING PROCEDURES
Employees who are victims of domestic violence are encouraged to seek immediate assistance from
their HRO. Employees who have information about or witness an act of domestic violence against an
employee, are encouraged to report that information to the designated HRO, unless the employee is
required to report the domestic violence pursuant to applicable laws, guidelines, standard operating
procedures, internal affairs policies, or New Jersey Attorney General directives and guidelines that
impose a duty to report, in which case the employee must so report to the appropriate authority in addition
to reporting to the designated HRO. Nothing in this policy shall preclude an employee from contacting
911 in emergency situations. Indeed, HROs shall remind employees to contact 911 if they feel they are
in immediate danger.
Each designated HRO shall:
A. Immediately respond to an employee upon request and provide a safe and confidential location
to allow the employee to discuss the circumstances surrounding the domestic violence incident
and the request for assistance.
B. Determine whether there is an imminent and emergent need to contact 911 and/or local law
enforcement.
C. Provide the employee with resource information and a confidential telephone line to make
necessary calls for services for emergent intervention and supportive services, when
appropriate. The HRO or the employee can contact the appropriate Employee Assistance
Program to assist with securing resources and confidential services.
D. Refer the employee to the provisions and protections of The New Jersey Security and Financial
Empowerment Act, N.J.S.A. 34:11C-1 et seq. (NJ SAFE Act), referenced in this policy.
E. In cases where domestic violence involved a sexual touching or sexual assault between
employees, the HRO is also required to report the incident to Borough Attorney Craig Bossong.
F. If there is a report of sexual assault or abuse, the victim should be offered the services of the
Bergen County Prosecutor’s Office Special Victims Unit, Sexual Assault Response Team, 201-
226-5620.
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G. Maintain the confidentiality of the employee and all parties involved, to the extent practical
and appropriate under the circumstances, pursuant to this policy.
H. Upon the employee's consent, the employee may provide the HRO with copies of any TROs,
FROs, and/or civil restraint agreements that pertain to restraints in the work place and ensure
that security personnel are aware of the names of individuals who are prohibited from
appearing at the work location while the employee who sought the restraining order is present.
All copies of TROs and FROs shall be maintained in a separate confidential personnel file.
CONFIDENTIALITY POLICY
In responding to reports of domestic violence, the HRO shall seek to maintain confidentiality to protect
an employee making a report of, witnessing, or experiencing domestic violence, to the extent practical
and appropriate under the circumstances and allowed by law. Thus, this policy does not supersede
applicable laws, guidelines, standard operating procedures, internal affairs policies, or New Jersey
Attorney General Directives and guidelines that impose a duty to report.
This confidentiality policy shall not prevent disclosure where to do so would result in physical harm to
any person or jeopardize safety within the workplace. When information must be disclosed to protect the
safety of individuals in the workplace, the HRO shall limit the breadth and content of such disclosure to
information reasonably necessary to protect the safety of the disclosing employee and others and comply
with the law. The HRO shall provide advance notice to the employee who disclosed information, to the
extent possible, if the disclosure must be shared with other parties in order to maintain safety in the
workplace or elsewhere. The HRO shall also provide the employee with the name and title of the person
to whom they intend to provide the employee's statement and shall explain the necessity and purpose
regarding the disclosure. For example, if the substance of the disclosure presents a threat to employees,
then law enforcement will be alerted immediately.
This policy does not supersede applicable laws, guidelines, standard operating procedures, internal
affairs policies, or New Jersey Attorney General Directives and guidelines where mandatory reporting is
required by the appointing authority or a specific class of employees.
CONFIDENTIALITY OF EMPLOYEE RECORDS
To ensure confidentiality and accuracy of information, this policy requires the HRO to keep all
documents and reports of domestic violence in confidential personnel file separate from the employee's
other personnel records. These records shall be considered personnel records and shall not be government
records available for public access under the Open Public Records Act. See N.J.S.A. 47:1A-10.
THE NEW JERSEY SECURITY AND FINANCIAL EMPOWERMENT ACT
The New Jersey Security and Financial Empowerment Act, N.J.S.A. 34:11C-1, et seq. (NJ SAFE Act),
is a law that provides employment protection for victims of domestic or sexual violence.
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The NJ SAFE Act allows a maximum of 20 days of unpaid leave in one 12-month period, to be used
within 12 months following any act of domestic or sexual violence. To be eligible, the employee must
have worked at least 1,000 hours during the 12-month period immediately before the act of domestic or
sexual violence. Further, the employee must have worked for an employer in the State that employs 25
or more employees for each working day during 20 or more calendar weeks in the current or immediately
preceding calendar year. This leave can be taken intermittently in days, but not hours.
Leave under the NJ SAFE Act may be taken by an employee who is a victim of domestic violence, as that
term is defined in N.J.S.A. 2C:25-19 and N.J.S.A. 30:4-27.6, respectively. Leave may also be taken by
an employee whose child, parent, spouse, domestic partner, civil union partner, or other relationships as
defined in applicable statutes is a victim of domestic or sexual violence.
Leave under the NJ SAFE Act may be taken for the purpose of engaging in any of the following activities,
for themselves, or a child, parent, spouse, domestic partner, or civil union partner, as they relate to an
incident of domestic or sexual violence:
1) Seeking medical attention;
2) Obtaining services from a victim services organization;
3) Obtaining psychological or other counseling;
4) Participating in safety planning, temporarily or permanently relocating, or taking other
actions to increase safety;
5) Seeking legal assistance or remedies to ensure health and safety of the victim; or
6) Attending, participating in, or preparing for a criminal or civil court proceeding relating to an
incident of domestic or sexual violence.
PUBLIC EMPLOYER DOMESTIC VIOLENCE ACTION PLAN
The Employer has developed the following action plan to identify, respond to, and correct employee
performance issues that are caused by domestic violence, pursuant to N.J.S.A. 11A:2-6a, and in
accordance with the following guidelines:
A. Designate an HRO with responsibilities pursuant to this policy.
B. Recognize that an employee may need an accommodation as the employee may experience
temporary difficulty fulfilling job responsibilities.
C. Provide reasonable accommodations to ensure the employee's safety. Reasonable accommodations
may include, but are not limited to, the following: implementation of safety measures; transfer or
reassignment; modified work schedule; change in work telephone number or work-station location;
assistance in documenting the violence occurring in the workplace; an implemented safety
procedure, or other accommodation approved by the employer.
D. Advise the employee of information concerning the NJ SAFE Act; Family and Medical Leave Act
(FMLA); or Family Leave Act (FLA); or Americans with Disabilities Act (ADA); or other
reasonable flexible leave options when an employee, or his or her child, parent, spouse, domestic
partner, civil union partner, or other relationships as defined in applicable statutes is a victim of
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domestic violence.
E. Commit to adherence to the provisions of the NJ SAFE Act, including that the employer will not
retaliate against, terminate, or discipline any employee for reporting information about incidents
of domestic violence, as defined in this policy, if the victim provides notice to their Human
Resources Office of the status or if the Human Resources Office has reason to believe an employee
is a victim of domestic violence.
F. Advise any employee, who believes he or she has been subjected to adverse action as a result of
making a report pursuant to this policy, of the civil right of action under the NJ SAFE ACT. And
advise any employee to contact their designated Labor Relations Officer, Conscientious
Employees Protection Act (CEPA) Officer and/or Equal Employment Opportunity Officer in the
event they believe the adverse action is a violation of their collective bargaining agreement, the
Conscientious Employees Protection Act or the New Jersey Law Against Discrimination and
corresponding policies.
G. Employers, their designated HRO, and employees should familiarize themselves with this policy.
This policy shall be provided to all employees upon execution and to all new employees upon
hiring. Information and resources about domestic violence are encouraged to be placed in visible
areas, such as restrooms, cafeterias, breakrooms, and where other resource information is located.
RESOURCES
This policy provides an Appendix listing resources and program information readily available to assist
victims of domestic violence. These resources should be provided by the designated HRO to any victim
of domestic violence at the time of reporting.
DISTRIBUTION OF POLICY
WHO will be responsible for distributing this policy to employees, volunteers, and other employees
identified above.
WHO will be responsible for updating this policy at least annually to reflect circumstances changes in
the organization.
WHO will be responsible for monitoring The Civil Service Commission and the Division of Local
Government Services in the Department of Community Affairs for modifications thereto, to public
employers.
OTHER APPLICABLE REQUIREMENTS
In addition to this policy, the HRO and the public employer's appointing authority must follow all
applicable laws, guidelines, standard operating procedures, internal affairs policies, and New Jersey
Attorney General Directives and guidelines that impose a duty to report. Additionally, to the extent that
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the procedures set forth in this policy conflict with collective bargaining agreements or with the Family
Educational Rights and Privacy Act (FERPA), the provisions of the negotiated agreements and the
provisions of FERPA control.
POLICY MODIFICATION AND REVIEW
A public employer may seek to modify this policy, to create additional protocols to protect victims
of domestic violence but may not modify in a way that reduces or compromises the safeguards and
processes set out in this policy.
The Civil Service Commission will review and modify this policy periodically and as needed.
POLICY ENFORCEABILITY
The provisions of this policy are intended to be implemented by the Civil Service Commission.
These provisions do not create any promises or rights that may be enforced by any persons or
entities.
POLICY INQUIRIES & EFFECTIVE DATE
Any questions concerning the interpretation or implementation of this policy shall be addressed to
the Chair/Chief Executive Officer of the Civil Service Commission, or their designee. This policy
shall be enforceable upon the HRO's completion of training on this policy.
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LAYOFF
Pursuant to N.J.A.C. 4A:8-1.1 the Employer may institute layoff actions for economy, efficiency or other
related reasons, but will first consider voluntary alternatives. Demotions for economy, efficiency, or other
related reasons shall also be considered as layoff actions.
In accordance with N.J.A.C. 4A:8-1.3, the Employer may implement pre-layoff actions to lessen the
possibility, extent or impact of layoffs.
The New Jersey Civil Service Commission shall determine seniority and shall designate lateral,
demotional, and special reemployment rights for all career service titles prior to the effective date of the
layoff and have such information provided to affected parties.
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GRIEVANCE PROCEDURE
A grievance is any formal dispute concerning the interpretation, application and enforcement of any
personnel policy or procedure. A grievance submitted by a union employee will be addressed pursuant to
grievance procedure set forth in the applicable bargaining unit agreement. A grievance from a non-union
employee must be submitted within five (5) working days after arising. Failure to report a grievance
within such time period shall be deemed as a waiver of the grievance. In the event of a settlement or
ruling that results in a determination of monetary liability, such liability shall not exceed more than thirty
(30) working days prior to the date the grievance was first presented in writing.
Step One: Any employee or group of employees with a grievance shall communicate their grievance to
their supervisor or Department Head who will discuss the matter with the Borough Administrator. The
supervisor or Department Head will strive to communicate the decision to the employee within five (5)
working days.
Step Two: If the employee is not satisfied with the decision, the employee must submit a written
grievance to the Borough Administrator detailing the facts and the relief requested. The decision in Step
One will be deemed final if the employee fails to submit a written grievance within five (5) working days
of the Step One decision. After consulting with counsel, as appropriate, the Borough Administrator will
strive to render a written decision to the employee within five (5) working days after receipt of the written
grievance.
The above referenced grievance procedures do not apply to employee complaints made under the
Employer’s Anti-Harassment and Discrimination Policies.
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EMPLOYEE DATING POLICY
The Employer strongly believes that an environment where employees maintain clear boundaries between
employee personal and business interactions is most effective for conducting business. Although this
policy does not prevent the development of friendships or romantic relationships between coworkers, it
does establish very clear boundaries as to how relationships will progress during working hours and within
the working environment. Individuals in supervisory relationships or other influential roles are subject to
more stringent requirements under this policy due to their status as role models, their access to sensitive
information and their ability to influence others.
Procedures.
1. During working time and in working areas, employees are expected to keep personal exchanges limited
so that others are not distracted or offended by such exchanges and so that productivity is maintained.
2. During non-working time, such as lunches, breaks and before and after work periods, employees are
not precluded from having appropriate personal conversations in non-work areas as long as their
conversations and behaviors could in no way be perceived as offensive or uncomfortable to a reasonable
person.
3. Employees are strictly prohibited from engaging in physical contact that would in any way be deemed
inappropriate by a reasonable person while anywhere on Employer premises, whether during working
hours or not.
4. Employees who allow personal relationships with coworkers to affect the working environment will be
subject to the appropriate provisions of the Employer disciplinary policy which may include counseling
for minor problems. Failure to change behavior and maintain expected work responsibilities is viewed as
a serious disciplinary matter.
5. Employee off-duty conduct is generally regarded as private, as long as such conduct does not create
problems within the workplace. An exception to this principle, however, is romantic or sexual
relationships between supervisors and subordinates.
6. Supervisors, managers, executives or anyone else in sensitive or influential positions must disclose the
existence of any relationship with another coworker that has progressed beyond a platonic friendship.
Disclosure may be made to the immediate supervisor or the Department Head. This disclosure will enable
the Employer to determine whether any conflict of interest exists because of the relative positions of the
individuals involved.
7. Where problems or potential risks are identified, the Employer will work with the parties involved to
consider options for resolving the problem. The initial solution may be to make sure that the parties
involved no longer work together on matters where one is able to influence the other or take action for the
other. Matters such as hiring, firing, promotions, performance management, compensation decisions,
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financial transactions, etc. are examples of situations that may require reallocation of duties to avoid any
actual or perceived reward or disadvantage.
8. In some cases, other measures may be necessary such as transfer to other positions or departments.
9. Refusal of reasonable alternative positions, if available, will be deemed a voluntary resignation.
10. Continued failure to work with the Employer to resolve such a situation in a mutually agreeable fashion
may ultimately be deemed insubordination and therefore serve as cause for immediate termination. The
organization’s disciplinary policy will be consulted to ensure consistency, however, before any such
extreme measures are undertaken.
11. The provisions of this policy apply regardless of the sexual orientation of the parties involved.
12. Where doubts exist as to the specific meaning of the terms used above, employees should make
judgments on the basis of the overall spirit and intent of this policy.
13. Any employee who feels they have been disadvantaged as a result of this policy, or who believes this
policy is not being adhered to, should make their feelings known to the Borough Administrator or other
designated individual.
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EMPLOYMENT REFERENCES
To ensure that individuals who work for the Employer are well-qualified and have a strong potential to be
productive and successful, it is the policy of the Employer to check the employment references of all
applicants at the Employer’s discretion.
Employees should not, under any circumstances, provide another individual with information regarding a
current or former employee. Any employee, including Department Heads, who receives a request for
reference information should forward the request to the Borough Administrator. Generally, unless
otherwise required by law, the Employer will only confirm employees’ name, title, salary, compensation,
dates of service, reason for separation, if applicable, and specific educational or medical qualifications
required for employment. The Employer’s response to a request for reference information shall be
communicated in writing only. The Employer does not honor oral requests for employment references.
A current or former employee may also authorize the Employer to release additional information. Unless
otherwise required by law, the Employer will only release additional information if the current or former
employee provides authorization, in writing.
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NEPOTISM
The hiring, promoting, transferring, demoting or reassigning of relatives is prohibited if the employment
of such an individual would result in the creation of a prohibited employment relationship.
A prohibited relationship is created when:
1. One relative would have the authority to supervise either directly or from one level above, appoint,
remove, discipline, evaluate or otherwise affect the work or employment of another relative.
2. The relative would be responsible for auditing the work of the other.
3. Other circumstances exist which would place the relatives in a situation of actual or reasonably
foreseeable conflict between the Employer’s interest and their own.
Employees who marry or become related by marriage may continue in their employment if the marriage
does not result in the creation of a prohibited relationship. Where the marriage results in the creation of a
prohibited relationship, the Employer will explore potential accommodations including the reassignment
of one or both employees to available positions for which the employees are qualified. Relative includes
spouse, parent, step-parent, child, step-child, sibling, step sibling, half-sibling, father-in-law, mother-in-
law, sister-in-law, brother-in-law, grandparent, grandchild, aunt, uncle, niece, nephew, and first cousins.
This policy applies to all employees hired, promoted, transferred, demoted, or reassigned on or after the
date of adoption and to all prohibited relationships created on or after the date of adoption.
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Applicant Relative Disclosure Form
Name of Applicant:
The Employer prohibits the hiring of relatives if the employment of such an individual would result in the
creation of a prohibited employment relationship. A prohibited relationship is created when:
1. One relative would have the authority to directly supervise, appoint, remove, discipline, evaluate or
otherwise affect the work or employment of another relative.
2. The relative would be responsible for auditing the work of the other.
3. Other circumstances exist which would place the relatives in a situation of actual or reasonably
foreseeable conflict between the Employer’s interest and their own.
Relative includes spouse, parent, step-parent, child, step-child, sibling, step sibling, half-sibling, father-in- law,
mother-in-law, sister-in-law, brother-in-law, grandparent, grandchild, aunt, uncle, niece, nephew, and cousins.
Do any of your relatives currently work for the Employer or are any of your relatives an elected or appointed
official?
Yes No
If you answered “yes” to the previous question, please disclose the name(s) of your relative (s) who work(s) for
the Employer, his or her title, and his or her relationship to you.
Relative #1
Name:
Title:
Relationship:
Relative #2
Name:
Title:
Relationship:
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Applicant Relative Disclosure Form (cont’d)
Relative #3
Name:
Title:
Relationship:
Relative #4
Name:
Title:
Relationship:
Note: An applicant’s failure to fully disclose his or her relationship to an individual employed by the Employer
or elected or appointed official may result in the rejection of the employment application or, if employed, the
termination of employment.
I acknowledge that I have read and understand the above Disclosure Form and that I have disclosed all relatives
who work for the Employer or serve as elected or appointed officials.
Signature of Applicant:
Date:
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PERFORMANCE EVALUATION
The Employer recognizes that an employee job performance evaluation system is the basis for assisting
in employee growth and development. The Employer requires supervisors to conduct performance
appraisals to ensure that:
(1) each employee receives feedback on objectives, accomplishments, strengths, and areas for
improvement;
(2) each employee receives advice from his or her supervisor on ways to improve performance and has
the chance to identify with his or her supervisor areas where greater contribution is possible, or where
either feels more development would be beneficial; and
(3) essential information is recorded concerning strengths and weaknesses of all employees in relation to
career development, including potential for advancement and suitability for other positions and training.
The performance evaluation provides the vehicle for a dialogue between the employee and the supervisor
and ensures shared expectations of the requirements for the employee's job and the employee's
performance in the job. Accordingly, the Employer will use a performance review/evaluation system for
all employees.
During performance reviews, supervisors will consider, among others:
• Initiative, dependability and effort
• Knowledge of work
• Attitude and willingness
• Quantity and quality of work
• Disciplinary record
• Attendance and tardiness
A copy of an employee performance evaluation shall be maintained in the employee’s personnel file.
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POLITICAL ACTIVITY
Employees have exactly the same right as any other citizen to join political organizations and participate
in political activities, as long as they maintain a clear separation between their official responsibilities and
their political affiliations. In accordance with State law, employees are prohibited from engaging in
political activities while performing their public duties and from using the Employer’s time, supplies or
equipment in any political activity. Political activities include, but are not limited to, advocating the
election or appointment of any candidate for office, verbally or otherwise, and soliciting funds for
campaigns or campaign materials.
Additionally, State law precludes employees from directly or indirectly using their position to control or
affect the political action of another person. In accordance with the Hatch Act and Federal regulations,
an employee whose principal employment is with a program financed in whole or in part by Federal funds
or loans shall not:
• be a candidate for public office in a partisan election. (This provision does not apply to the elected head
of an executive department or an individual holding elective office, where that office is the sole
employment connection to federally funded programs.)
• use his/her official authority to influence, to interfere with or affect election results or nominations for
office.
• directly or indirectly coerce contributions from any employee to support a political party or candidate.
See The Hatch Act, 5 U.S.C. § 1501 et seq.
Violations of either State or Federal laws are serious matters and such violations should not be taken
lightly. Any employee engaging in such political activities during working hours will be subject to
disciplinary action up to and including termination of employment. Employees who engage in political
activities during their non-working hours must not represent themselves as spokespersons for the
Employer. Employees should report any violation of this policy to their supervisor or Department Head.
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PROTECTION AND SAFE TREATMENT OF MINORS
See separate Borough of Waldwick Policy Addressing the Protection and Safe Treatment of Minors and
Frequently Asked Questions.
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SAFETY POLICY
The Employer endeavors to provide a safe and healthy work environment for all employees and shall
comply with the requirements of the Public Employees Occupational Safety and Health Act (“PEOSHA”).
The Employer is equally concerned about the safety of the public.
Consistent with this policy, employees will receive periodic safety training and will be provided with
appropriate safety equipment. Employees are responsible for observing safety rules and using available
safety devices including personal protective equipment. Failure to do so constitutes grounds for
disciplinary action.
Any occupational or unsafe public condition, practice, procedure or act must be immediately reported to
the supervisor or Department Head. Any on-the-job accident or accident involving the Employer’s
facilities, equipment, or motor vehicles must also be immediately reported to the supervisor or Department
Head and the Borough Administrator. Failure to do so constitutes grounds for disciplinary action.
Employees are encouraged to discuss safety concerns with supervisory personnel.
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SECURITY POLICY
The Employer makes every effort to provide for employees’ safety and security while at work. The
Employer, however, does not accept responsibility for the protection of employees’ personal property.
The Employer is not liable for loss or damage to personal property.
The Employer maintains a work environment that is free of illegal drugs, alcohol, unauthorized firearms,
explosives, or other improper materials. To this end, the Employer prohibits the possession, transfer, sale,
or use of such materials on its premises. The Employer requires the cooperation of all employees in
administering this policy. Desks, lockers, other storage devices, and Employer vehicles may be provided
for the convenience of employees, but remain the sole property of the Employer. Accordingly, they, as
well as any articles found within them, can be inspected by any agent or representative of the Employer
at any time, either with or without prior notice. The Employer may conduct video surveillance of
Employer property to, among other things, identify safety concerns, detect theft, and discourage or prevent
acts of harassment and workplace violence. Additionally, the Employer may monitor employee e-mails.
Security is everyone’s responsibility. If any employee sees or suspects that an individual is breaching
security, it is the employee’s responsibility to notify his or her supervisor or Department Head
immediately. In the event a serious incident occurs, employees must report it to their Department Head
promptly. The following are examples of serious incidents that should be reported immediately:
1. Any accident which results in the injury of a third party while on the premises.
2. Any incident in which physical force is either used by or against an employee.
3. Any incident which involves a crime, or an attempt to commit a crime, such as robbery or the theft of
money.
4. Any incident in which a serious unfavorable reaction from the public might be expected.
5. The loss of Employer keys.
6. Any other incident, which an employee believes is of a nature that it should be brought to the attention
of the Department Head without delay.
Employees are encouraged to make any reports, in writing, so that they may be properly addressed by the
Employer.
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STATE RESIDENCY REQUIREMENT
Every employee shall have his/her principal place of residence in the State of New Jersey. New hires shall
have one year from the time of taking office, employment or position to satisfy the requirement of principal
residency. Failure to satisfy this requirement shall render the employee unqualified for holding office,
employment or position with the Employer.
If, however, an employee holds an office, employment, or position with the Employer as of Sept. 1, of
2011 (the effective date of P.L.2011, c.70), but does not have his or her principal residence in this State
on that effective date, he/shall will not be subject to the residency requirement while that employee
continues to hold office, employment, or position without a break in public service of greater than seven
(7) days.
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POLICY FOR USE OF EMPLOYER VEHICLES (NON-LAW
ENFORCEMENT)
The Employer owns and maintains a fleet of vehicles ("Employer Vehicles") that are used in furtherance
of the business of the Employer. The following policy governs the use of all Employer Vehicles (with the
exception of vehicles utilized for law enforcement purposes), and supersedes all other vehicle policies
previously in effect. Any employee violating the provisions contained herein will be subject to
disciplinary action, up to and including termination, in accordance with applicable laws and regulations.
Violations of this policy may also result in the denial of indemnification and/or defense by the Employer
to the employee in any civil or criminal matter brought in any Court arising from improper use of an
Employer vehicle. The Employer also expressly reserves its right to seek indemnification and/or
contribution from employees (including their personal automobile insurance policies) found to have acted
in violation of this policy to the maximum extent permitted by law.
Driving Privileges and Licensure. The use of an Employer Vehicle by an employee is subject to the
approval and discretion of the Borough Administrator. Any employee operating an Employer Vehicle
must have, in his or her possession, a valid driver's license issued by a state regulatory body within the
United States. Licenses issued by any territory or possession of the United States, the District of
Columbia, or any international agency (including any province of the Dominion of Canada) must be
expressly approved by the Employer’s insurance carrier before an employee will be permitted to operate
an Employer Vehicle.
A. Employees are required to file a copy of a valid driver's license with the Employer prior to the use of
an Employer Vehicle.
1. Upon request, an employee must provide a copy of their driver's license or other required documents
within twenty-four (24) hours of said request.
2. Employees shall inform the Employer within twenty-four (24) hours of any changes in the status of
their driving privileges.
3. Failure to comply with the requirements of this section will result in an immediate suspension of an
employee's privilege to operate an Employer vehicle and may also result in the denial of indemnification
and/or defense by the Employer to the employee in any civil or criminal matter brought in any Court
arising from the use of an Employer vehicle while said employee's driving privileges were suspended or
revoked.
B. The Employer reserves the right to obtain a driving abstract record from the New Jersey Motor Vehicle
Service Commission or other regulatory and law enforcement agencies.
1. The Employer reserves the right to suspend an employee's Employer driving privileges if the Employer
deems necessary based on the employee's driving record.
2. The Employer shall utilize information obtained pursuant to this section only for the purposes of
furthering the objectives of this Policy and for no other reason, and will not reveal personal or other
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information contained in an employee's driving abstract record to any party except where required by
applicable law.
C. The Employer occasionally offers safe driving courses and reserves the right to compel employee
attendance at such courses.
D. If requested by the Borough Administrator, the employee must agree to consent to a simulated road
test to determine his/her fitness to safely operate a vehicle.
E. In the event that the employee is under the influence of any medication (prescribed or over-the-counter)
that might impair his/her ability to safely operate a vehicle, he/she must refrain from driving until he/she
notifies the Employer and await clearance to resume driving.
Official Use Only. The use of Employer Vehicles is restricted to official Employer business only.
Employees shall not be permitted to use Employer vehicles for travel or activity unrelated to Employer
business. Likewise, no supervisor may authorize such use or any use of an Employer Vehicle for other
than Employer business or use which is otherwise inconsistent with this policy.
Employer Vehicles assigned to employees under this policy are to be operated only by the employee while
acting within the scope of their employment. No employee shall authorize or permit any other non-
Employer employee, including but not limited to family members of the employee, to operate or ride as a
passenger in an assigned Employer Vehicle, unless said passengers are assisting in the official business
of the Employer.
Location of Vehicles. Employees who are assigned the regular use of an Employer Vehicle for official
business may, by resolution of the Mayor and Council, take the Employer Vehicle home at night and keep
said vehicle at home while off duty.
If the employee will be absent from duty for more than two (2) working days, or more than five (5)
consecutive days, including weekends and holidays, he/she must surrender the Employer vehicle to his/her
direct supervisor unless directed otherwise. An employee storing the vehicle at their residence must
provide safe parking for the vehicle at all times.
Commuting. The use of an Employer Vehicle for driving to and from work is voluntary and does not
entitle the employee to compensation or pay while engaged in that activity.
Accidents and Incidents. Prior to operation of any Employer vehicle, employees must consult their
Department Head as to the appropriate steps to take if they become involved in an accident (filling out
accident reports, obtaining witness names, etc.)
A. In the event of an incident or accident involving the use of an Employer Vehicle, employees must
immediately contact their supervisor and/or Department Head. All required reports and documentation
must be submitted to the Borough Administrator within two (2) business days of receipt.
B. An employee may be required to submit to an alcohol or drug screening test following an accident or
incident if there is a reasonable suspicion to believe that the employee’s use of drugs or alcohol may have
contributed to the cause of the accident or as otherwise required by law or other policy of the Employer.
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Citations and Violations. Operators of Employer Vehicles are expected to follow all laws, regulations and
rules prescribed by the Motor Vehicle Commission. Drivers are responsible for paying any moving
violation tickets and MUST notify the Employer of said violations within forty-eight (48) hours of receipt
of said ticket (regardless of the employee's decision to contest such ticket in municipal court). Drivers are
responsible for paying all parking tickets incurred. The Employer should be notified of the receipt of a
parking ticket within 48 hours of receipt of said ticket.
Drivers are responsible for all "Notice of Delinquent Toll Payment Violations" (including but not limited
to EZ-Pass). Upon having been notified of said violation, either by direct mail or notice from the
Employer, an employee shall, within ten (10) business days of such notice, provide acceptable proof to
the Employer that the outstanding toll and any related fees have been paid.
General Policies and Procedures. Employees authorized to use an Employer Vehicle for official business
must adhere to the policies and procedures set forth in this Policy. Failure to comply with the provisions
below will result in a loss of privileges:
A. Drivers must ensure that all required documents (driver's license, LD. badge/card, registration,
insurance card) are in their possession while operating the vehicle. Vehicle registration and insurance
cards should be kept in a locked compartment of the vehicle when not in use.
B. Employees assigned exclusive use of an Employer Vehicle are responsible for scheduling all repairs
and manufacturer recommended maintenance with the Employer, in order to maintain all manufacturers'
warranties (including routine oil changes).
C. Vehicles are to be kept clean at all times, and should be washed and vacuumed regularly (unless
prohibited by the New Jersey Department of Environmental Protection or other similar regulatory body).
D. No smoking is allowed in Employer Vehicles at any time.
E. In accordance with N.J.S.A. 39:4-97.3 and any other applicable statutes and regulations, the use of
hand-held phones or electronic devices (BlackBerry, navigation systems, etc...) while driving Employer
Vehicles is prohibited. This prohibition includes the sending or reading of e-mails, text messages and
other similar communications.
F. All occupants must wear seat belts at all times when the vehicle is in use and observe all road safe rules
and regulations, such as "Wipers On, Lights On."
G. Employees are expected to operate vehicles in a safe and courteous manner at all times and are
expressly reminded to avoid tailgating or other unsafe practices.
H. Employees are reminded of the risks inherent from driving while drowsy. In the event that a driver
becomes tired while operating a vehicle, they should pull off the road and seek appropriate assistance.
Violation of this policy may result in disciplinary action up to and including the suspension of the
employee’s privilege to operate an Employer Vehicle and/or termination.
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TRANSITIONAL DUTY POLICY
The Borough may assign transitional duty to employees with temporary disabilities. Each circumstance
will be evaluated based on the restrictions imposed and the work available. Transitional duty is not
guaranteed. Transitional duty is temporary in nature.
An employee requesting transitional duty shall notify the Department Head as soon as it is known the
temporarily disabled employee is able to return to work with restrictions. With workers’ compensation
cases, the managed care provider representative will contact the Borough Administrator to confirm
whether transitional duty is available.
Transitional duty will only be assigned if the employee is likely to return to full duty after the transitional
duty period. The Borough Administrator will consult with the Department Head to determine if there is
any meaningful work that can be performed consistent with the restrictions. Transitional duty assignments
may be in any department and not just the employee’s department. The Borough Administrator will make
the final decision as to whether it is in the best interest of the Borough to approve a transitional duty
request. The Borough reserves the right to change or terminate the transitional duty assignment at any
time.
Employees may not refuse transitional duty assignments that are recommended by the workers’
compensation physician. In such cases, employees who fail to report to work as directed will be subject
to disciplinary action.
Employees will be paid in accordance with applicable policies, salary ordinances and collective bargaining
agreements while on transitional duty.
Employees on transitional duty are prohibited from engaging in any outside employment or volunteer
activities, unless they receive prior written approval from their Department Head.
If transitional duty is approved, the workers’ compensation physician must keep the Borough
Administrator informed of the employee’s medical progress. If the injury or illness does not involve a
workers’ compensation claim, the employee must keep the Borough Administrator informed of his/her
ability to return to full duty, supported by medical documentation.
Employees assigned to transitional duty will be allotted time off to attend medical or physical therapy
appointments. If the injury or illness does not involve a workers’ compensation claim, the employee will
be required to use his/her paid time off to attend medical or physical therapy appointments that are
scheduled during the employee’s work hours. Employees are requested to schedule appointments during
times which will cause the least disruption to Borough operations. Borough vehicles are not to be used
for transportation to and from appointments, unless approved by the Borough Administrator.
Transitional duty is generally for 45 days. If at the end of transitional duty the employee is not able to
return to work without restrictions, the Borough reserves the right, in its sole discretion, to extend the
transitional duty. If it is determined by the workers’ compensation doctor that the employee has reached
maximum medical improvement (“MMI”), the Borough will discuss with the employee his/her options.
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If the injury or illness does not involve a workers’ compensation claim, the Borough reserves the right to
have the employee evaluated by a Borough selected physician before extending transitional duty.
This policy does not affect an employee’s rights under the Americans with Disabilities Act, the Family
and Medical Leave Act, the Fair Labor Standards Act, the Contagious or Life Threatening Illnesses Policy
or other Federal or State law.
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APPENDIX A
CDL Drug and Alcohol Testing Policy
Table Of Contents
SECTION A - GENERAL ...................................................................... 130-14170
SECTION B - PROHIBITIONS ..............................................................142-144
SECTION C - TESTS REQUIRED .........................................................145-151
SECTION D - HANDLING OF TEST RESULTS, RECORD RETENTION AND
CONFIDENTIALITY...............................................................................152-157
SECTION E - CONSEQUENCES FOR DRIVERS ENGAGING IN SUBSTANCE USE-
RELATED CONDUCT ............................................................................158-159
SECTION F – ALCOHOL MISUSE AND CONTROLLED SUBSTANCES USE
INFORMATION, TRAINING, AND REFERRAL ................................ 160-162
SECTION G – REQUIREMENTS AND PROCEDURES FOR IMPLEMENTATION
OF THE COMMERCIAL DRIVER’S LICENSE DRUG AND ALCOHOL
CLEARINGHOUSE ............................................................................... 163-174
APPENDIX A - CERTIFICATE OF COMPLIANCE WITH DOT CELL-
PHONE/TEXTING BANS .............................................................................175
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SECTION A - GENERAL
This policy and 49 CFR Part 40 Regulations of the U. S. Department of Transportation Procedures For
Transportation Workplace Drug And Alcohol Testing Programs and Urine Specimen Collection
Guidelines, Office of Drug and Alcohol Policy and Compliance, U.S. Department of Transportation, are
integral parts of this Policy and apply to all covered employees. They may be viewed at
http://www.dot.gov/odapc Collection procedures, laboratory procedures, MRO review, alcohol testing,
record keeping and all other procedural requirements shall adhere to 49 CFR Part 40.
The Borough of Waldwick shall test, in accordance with Federal regulations, employees required to have
a Commercial Driver’s License (CDL) for the use of controlled substances that violate law or Federal
regulation and the misuse of alcohol.
PURPOSE 382.101
The purpose of this policy, in addition to meeting Federal regulations, is to establish a program designed
to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances
by drivers of commercial motor vehicles.
APPLICABILITY 382.103
(a) This policy applies to every person of the Borough of Waldwick who operates a commercial motor
vehicle in commerce in any State, and is subject to:
(1) The commercial driver's license requirements of part 383;
(2) All Drivers Operating Commercial Motor Vehicles for the Borough of Waldwick; or
(3) The commercial driver's license requirements of the Canadian National Safety Code.
(b) An employer who employs himself/herself as a driver must comply with both the requirements in this
policy that apply to employers and the requirements in this policy that apply to drivers. An employer who
employs only himself/herself as a driver shall implement a random alcohol and controlled substances
testing program of two or more covered employees in the random testing selection pool.
The COVERED EMPLOYEE CERTIFICATE OF RECEIPT contains the name, address, and phone
number of the responsible individual(s). The CONTROLLED SUBSTANCES AND ALCOHOL USE
AND TESTING POLICY complies with requirements of the Department of Transportation regulations as
set forth in 49 CFR § 382 and 49 CFR Part 40. The Designated Employee Representative (DER) shall be
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responsible for providing oversight and evaluation on the plan; providing guidance and counseling;
reviewing of all discipline applied under this plan for consistency and conformance to human resources
policies and procedures; scheduling for types of testing (random, post-accident, reasonable suspicion,
etc.); maintaining a locked file system on all test results; and overseeing the referral of employees for
evaluation and treatment. The Borough of Waldwick shall ensure that all covered employees are aware
of the provisions and coverage of the Borough of Waldwick’s CONTROLLED SUBSTANCES AND
ALCOHOL USE AND TESTING POLICY and that all employees are notified prior to testing.
The Borough of Waldwick SERVICE AGENT CONTACT INFORMATION
DESIGNATED EMPLOYER REPRESENTATIVE (DER)
NAME:
Patrick Wherry
TITLE:
Borough Administrator
ADDRESS: 63 Franklin Turnpike, Waldwick, NJ 07463
PHONE:
201-652-5399 x227
E-MAIL:
pwherry@waldwicknj.org
HOURS WHEN AVAILABLE: 24 hours a day, seven days a week
ALTERNATE DESIGNATED EMPLOYER REPRESENTATIVE (DER)
NAME:
Michael LaTorre
TITLE:
Superintendent of Public Works
POST ACCIDENT EMERGENCY NUMBER
PHONE:
844-762-3188
MEDICAL REVIEW OFFICER (MRO)
NAME:
Dr. Hani J. Khella
ADDRESS:
Industrial Medical Testing
1451 Tallevast Road
Sarasota, FL 34243
PHONE:
941-753-9199
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FAX:
941-753-9975
LABORATORY
NAME:
Clinical Reference Laboratory
ADDRESS:
8433 Quivira Road
Lenexa, KS 66215
PHONE:
800-445-6917
SUBSTANCE ABUSE PROFESSIONAL (SAP)
NAME:
David Peterson
ADDRESS: PO Box 27
Washington, NJ 07882
PHONE:
908-835-2904
CONSORTIUM/THIRD PARTY ADMINISTRATOR (C/TPA)
NAME:
None
ADDRESS:
PHONE:
BOROUGH OF WALDWICK’S INDEPENDENT AUTHORITY
This CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING POLICY sets forth the
requirements of 49 CFR Parts 382 and 40. Those areas of the policy that appear in italic print reflect
the Borough of Waldwick’s independent authority to require additional provisions with regard to drug
and alcohol testing procedures. To the extent the Borough’s state specific non-DOT Borough Authority
Policy supplements, and does not conflict with applicable DOT Regulations, and current agreements,
it is to be followed. In the event that DOT Regulations are applicable to the driver’s or applicant’s
particular situation or issue, the DOT Regulations pre-empt conflicting State Laws, Borough’s non-
DOT Policies and all other agreements.
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PERIOD OF WORKDAY A DRIVER IS REQUIRED TO BE IN COMPLIANCE
Safety-Sensitive Functions as covered under 49 CFR Part 382: In accordance with 49 CFR 382 drivers who possess
CDL licenses are subject to DOT regulated alcohol and drug testing at all times from the time a driver begins to
work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for
performing work. Safety-sensitive functions shall include:
(1) All time at an employer or shipper plant, terminal, facility, or other property, or on any public
property, waiting to be dispatched, unless the driver has been relieved from duty by the employer;
(2) All time inspecting equipment as required by 49 CFR 392.7 and 392.8 or otherwise inspecting,
servicing, or conditioning any commercial motor vehicle at any time;
(3) All time spent at the driving controls of a commercial motor vehicle in operation;
(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting
in a sleeper berth (a berth conforming to the requirements of 49 CFR 393.76);
(5) All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading,
attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in
giving or receiving receipts for shipments loaded or unloaded; and
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
A driver is required to be in compliance with this policy during that period of the workday when they are on-duty
performing safety-sensitive functions (See Definitions).
DRIVER FITNESS FOR DUTY 391.11
DOT regulations provide that the Borough of Waldwick as a DOT regulated employer makes the final
determination of who is a qualified individual to drive a commercial motor vehicle. 49 CFR § 391.11(a). The
Borough of Waldwick shall not permit a person to drive a commercial motor vehicle unless the person meets all
DOT minimum qualifications and such other more stringent qualifications and requirements relating to safety of
operation and employee safety and health as it may decide in its judgment and discretion. The Borough of Waldwick
shall use the services of independent Certified Medical Examiners, Occupational Medicine Physicians, Medical
Review Officers, as well as other medical and industry professionals to make its final fitness for duty
determinations.
TESTING PROCEDURES 382.105
The Borough of Waldwick shall ensure that all alcohol or controlled substances testing conducted under this
policy complies with the procedures set forth in 49 CFR part 40. The provisions of 49 CFR part 40 that address
alcohol or controlled substances testing are made applicable to the Borough of Waldwick by 382.105.
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DEFINITIONS 382.107
Words or phrases used in this policy are defined in Sections 386.2, 390.5 and 40.3 of Federal regulations, except as
provided herein.
Actual knowledge for the purpose of Section B of this policy means actual knowledge by the Borough of Waldwick
that a driver has used alcohol or controlled substances based on the Borough of Waldwick’s direct observation of
the employee, information provided by the driver's previous employer(s), a traffic citation for driving a CMV while
under the influence of alcohol or controlled substances or an employee's admission of alcohol or controlled
substance use, except as provided in 382.121. Direct observation as used in this definition means observation of
alcohol or controlled substances use and does not include observation of employee behavior or physical
characteristics sufficient to warrant reasonable suspicion testing under 382.307.
Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohol’s
including methyl and isopropyl alcohol.
Alcohol concentration (or content) means the alcohol in a volume of breath expressed in terms of grams of alcohol
per 210 liters of breath as indicated by an evidential breath test under this policy.
Alcohol use means the drinking or swallowing of any beverage, liquid mixture, or preparation, (including any
medication), containing alcohol. [Caution: Certain brands and types of cough medicines contain alcohol.]
CFR means Code of Federal Regulations.
Commerce means:
(1) Any trade, traffic or transportation within the jurisdiction of the United States between a place in a State
and a place outside of such State, including a place outside of the United States and
(2) Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation
described in (1) of this definition.
It is the position of the Federal Motor Carrier Safety Administrator that the above section (2) language covers all
municipal vehicles which fit within the “Commercial Motor Vehicle” definition below, even if that vehicle does not
cross state lines.
Commercial driver’s license Drug and Alcohol Clearinghouse (Clearinghouse) means the Federal Motor Carrier
Safety Act (FMCSA) database that subpart G of 49 CFR Part 382.701-727 requires employers and service agents
to report information to and to query regarding drivers who are subject to the DOT controlled substance and alcohol
testing regulations. Effective January 6, 2020, the FMCSA will establish a mandatory database and the following
personal information collected and maintained under this part shall be reported to the Clearinghouse:
(1) A verified positive, adulterated, or substituted drug test result;
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(2) An alcohol confirmation test with a concentration of 0.04 or higher;
(3) A refusal to submit to any test required by subpart C of this part;
(4) An employer’s report of actual knowledge, as defined at § 382.107:
(5) On duty alcohol use pursuant to § 382.205;
(6) Pre-duty alcohol use pursuant to § 382.207;
(7) Alcohol use following an accident pursuant to § 382.209; and
(8) Controlled substance use pursuant to § 382.213;
(9) A substance abuse professional (SAP as defined in § 40.3 of this title) report of the successful completion
of the return-to-duty process;
(10) A negative return-to-duty test; and
(11) An employer’s report of completion of follow-up testing.
Commercial motor vehicle means a motor vehicle or combination of motor vehicles used in commerce to transport
passengers or property if the vehicle:
(1) Has a gross combination weight rating or gross combination weight of 11,794 kilograms or more
(26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight
rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
(2) Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 or more
pounds), whichever is greater; or
(3) Is designed to transport 16 or more passengers, including the driver; or
(4) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of
the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor vehicle
to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F).
Confirmation (or confirmatory) drug test means a second analytical procedure performed on a urine specimen to
identify and quantify the presence of a specific drug or drug metabolite.
Confirmation (or confirmatory) validity test means a second test performed on a urine specimen to further support
a validity test result.
Confirmed drug test means a confirmation test result received by an MRO from a laboratory.
Consortium/Third party administrator (C/TPA) means a service agent that provides or coordinates one or more drug
and/or alcohol testing services to DOT-regulated employers. C/TPAs typically provide or coordinate the provision
of a number of such services and perform administrative tasks concerning the operation of the employers' drug and
alcohol testing programs. This term includes, but is not limited to, groups of employers who join together to
administer, as a single entity, the DOT drug and alcohol testing programs of its members (e.g., having a combined
random testing pool). C/TPAs are not “employers” for purposes of Federal regulations.
Controlled substances mean those substances identified in 40.85. As of January 1, 2018, the drugs tested for may
include all or some of the following: (1) Amphetamines; (2) Cannabinoids; (3) Cocaine; (4) Phencyclidine (PCP);
and (5) Opioids.
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Designated employer representative (DER) is an individual identified by the Borough of Waldwick as able to
receive communications and test results from service agents and who is authorized to take immediate actions to
remove employees from safety-sensitive duties and to make required decisions in the testing and evaluation
processes. The individual must be an employee of the Borough of Waldwick. Service agents cannot serve as DERs.
Disabling damage means damage which precludes departure of a motor vehicle from the scene of the accident in
its usual manner in daylight after simple repairs.
(1) Inclusions. Damage to motor vehicles that could have been driven, but would have been further damaged
if so driven.
(2) Exclusions:
i. Damage which can be remedied temporarily at the scene of the accident without special tools or parts.
ii. Tire disablement without other damage even if no spare tire is available.
iii. Headlight or taillight damage.
iv. Damage to turn signals, horn, or windshield wipers which make them inoperative.
DOT Agency means an agency (or "operating administration") of the United States Department of Transportation
administering regulations requiring alcohol and/or drug testing (14 CFR parts 61, 63, 65, 121, and 135; 49 CFR
parts 199, 219, 382, 653, and 654) in accordance with 49 CFR part 40.
Driver means any person who operates a commercial motor vehicle. This includes, but is not limited to: Full time,
regularly employed Commercial Motor Vehicle drivers; casual, intermittent or occasional drivers; leased drivers
and independent owner-operator contractors.
Employer means an entity, including a municipal employer, employing one or more employees (including an
individual who is self-employed) that is subject to DOT agency regulations requiring compliance with this Federal
regulation. The term, as used in this policy, refers to the entity responsible for overall implementation of DOT drug
and alcohol program requirements, including individuals employed by the entity who take personnel actions
resulting from violations of this policy and any applicable DOT agency regulations. Service agents are not
employers for the purpose of Federal regulations.
Licensed medical practitioner means a person who is licensed, certified, and/or registered, in accordance with
applicable Federal, State, local, or foreign laws and regulations, to prescribe controlled substances and other drugs.
Negative return-to-duty test means a return-to-duty test with a negative drug result and/or an alcohol test with an
alcohol concentration of less than 0.02, as described in § 40.305.
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Performing (a safety-sensitive function) means a driver is considered to be performing a safety-sensitive function
during any period in which he/she is actually performing, ready to perform, or immediately available to perform
any safety-sensitive functions.
Positive alcohol test means an alcohol test with an alcohol concentration of greater than or equal to 0.04.
Positive rate for random drug testing means the number of verified positive results for random drug tests conducted
under this part plus the number of refusals of random drug tests required by this part, divided by the total number
of random drug tests results (i.e., positives, negatives, and refusals) under this part.
Refuse to submit (to an alcohol or controlled substances test) means that you as a driver:
(a)(1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by
the employer, consistent with applicable DOT agency regulations, after being directed to do so by the
employer. This includes the failure of an employee (including an owner-operator) to appear for a test
when called by C/TPA (see §40.61(a));
(2) Fail to remain at the testing site until the testing process is complete. Provided that an employee who
leaves the testing site before the testing process commences (see §40.63(c)) for a pre-employment test is
not deemed to have refused to test;
(3) Fail to provide a urine specimen for any drug test required by this part or DOT agency regulations;
Provided that an employee who does not provide a urine specimen because he or she has left the testing site
before the testing process commences (see §40.63(c)) for a pre-employment test is not deemed to have
refused to test;
(4) In the case of a directly observed or monitored collection in a drug test, fail to permit the observation or
monitoring of your provision of a specimen (see §§40.67(l) and 40.69(g));
(5) Fail to provide a sufficient amount of urine when directed, and it has been determined, through a required
medical evaluation, that there was no adequate medical explanation for the failure (see §40.193(d)(2));
(6) Fail or decline to take an additional drug test the employer or collector has directed you to take (see, for
instance, Sec.40.197 (b));
(7) Fail to undergo a medical examination or evaluation, as directed by the MRO as part of the verification
process, or as directed by the DER under Sec. 40.193(d). In the case of a pre-employment drug test, the
employee is deemed to have refused to test on this basis only if the pre-employment test is conducted
following a contingent offer of employment. If there was no contingent offer of employment, the MRO will
cancel the test; or
(8) Fail to cooperate with any part of the testing process (e.g., refuse to empty pockets when directed by the
collector, behave in a confrontational way that disrupts the collection process, fail to wash hands after being
directed to do so by the collector).
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(9) For an observed collection, fail to follow the observer's instructions to raise your clothing above the
waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have
any type of prosthetic or other device that could be used to interfere with the collection process.
(10) Possess or wear a prosthetic or other device that could be used to interfere with the collection process.
(11) Admit to the collector or MRO that you adulterated or substituted the specimen.
(12) For a breath alcohol test, refusing to sign the certification at Step 2 of the ATF 40.261 (a) (3).
(b) As an employee, if the MRO reports that you have a verified adulterated or substituted test result, you have
refused to take a drug test.
(c) As an employee, if you refuse to take a drug test, you incur the consequences specified under DOT
agency regulations for a violation of those DOT agency regulations. 40.191
Safety-sensitive function means all time from the time a driver begins to work or is required to be in readiness to
work until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive
functions shall include:
(1) All time at an employer facility, or other property, or on any public property, waiting to be dispatched,
unless the driver has been relieved from duty by the employer;
(2) All time inspecting servicing, or conditioning any commercial motor vehicle at any time;
(3) All time spent at the driving controls of a commercial motor vehicle in operation;
(4) All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a
vehicle being loaded or unloaded, using a vehicle for road clearing, snow removal, trash and recycling
removal, remaining in readiness to operate the vehicle, and
(5) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
Screening test (or initial test) means:
(1) In drug testing, a test to eliminate “negative” urine specimens from further analysis or to identify a specimen
that requires additional testing for the presence of drugs.
(2) In alcohol testing, an analytical procedure to determine whether an employee may have a prohibited
concentration of alcohol in a breath or saliva specimen.
Service agent means any person or entity, other than an employee of the employer, who provides services to
employers and/or employees in connection with DOT drug and alcohol testing requirements. This includes, but is
not limited to, collectors, BATs and STTs, laboratories, MROs, substance abuse professionals, and C/TPAs. To act
as service agents, persons and organizations must meet DOT qualifications, if applicable. Service agents are not
employers for purposes of this part.
Stand-down means the practice of temporarily removing an employee from the performance of safety-sensitive
functions based only on a report from a laboratory to the MRO of a confirmed positive test for a drug or drug
metabolite, an adulterated test, or a substituted test, before the MRO has completed verification of the test results.
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Violation rate for random alcohol testing means the number of 0.04 and above random alcohol confirmation test
results conducted under this part plus the number of refusals of random alcohol tests required by this part, divided
by the total number of random alcohol screening tests (including refusals) conducted under this part.
PREEMPTION OF STATE AND LOCAL LAWS 382.109
(a) Except as provided in paragraph (b) of this section, the Federal regulation requiring this alcohol and
controlled substances testing preempts any State or local law, rule, regulation, order to the extent that:
(1)
Compliance with both the State or local requirement and the Federal regulation is not possible; or
(2)
Compliance with the State or local requirement is an obstacle to the accomplishment and execution
of any requirement of this Federal regulation.
(b) This policy, and the Federal regulation requiring it, shall not be construed to preempt provisions of State
criminal law that impose sanctions for reckless conduct leading to actual loss of life, injury, or damage to
property, whether the provisions apply specifically to transportation employees, the Borough of Waldwick,
or the general public.
OTHER REQUIREMENTS IMPOSED BY THE BOROUGH OF WALDWICK 382.111
Except as expressly provided in this policy, nothing in the Federal regulation 382 and 49 CFR part 40 shall be
construed to affect the authority of the Borough of Waldwick or the rights of drivers, with respect to the use of
alcohol, or the use of controlled substances, including authority and rights with respect to testing and rehabilitation.
Accordingly, the Borough of Waldwick may adopt, under its own authority, a Non-DOT drug and alcohol testing
program.
REQUIREMENT FOR NOTICE 382.113
Before performing an alcohol or controlled substances test under the Federal regulation, the Borough of Waldwick
shall notify a driver that the alcohol or controlled substances test is required by Federal regulation. The Borough
of Waldwick shall not falsely represent that a test is administered under Federal regulation.
STARTING DATE FOR TESTING PROGRAMS 382.115
(a) All domestic-domiciled employers must implement the requirements of this policy the date the employer begins
commercial motor vehicle operations.
(b) All foreign-domiciled employers must implement the requirements of this policy on the date the employer
begins commercial motor vehicle operations in the United States.
PUBLIC INTEREST EXCLUSION 382.117
The Borough of Waldwick shall not use the services of a service agent who is subject to a public interest exclusion
(PIE) in accordance with 49 CFR part 40, Subpart R. This is a service agent who has been found by the DOT to be
disqualified from providing services to DOT regulated employers.
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EMPLOYEE ADMISSION OF ALCOHOL AND CONTROLLED SUBSTANCE USE 382.121
(a) Employees who admit to alcohol misuse or controlled substances use are not subject to the referral, evaluation
and treatment requirements of this policy and 49 CFR part 40, provided that:
(1) The admission is in accordance with the Borough of Waldwick’s written voluntary self-identification
program or policy that meets the requirements of paragraph (b) of this section;
(2) The driver does not self-identify in order to avoid testing under the requirements of this part;
(3) The driver makes the admission of alcohol misuse or controlled substances use prior to performing a safety
sensitive function (i.e., prior to reporting for duty); and
(4) The driver does not perform a safety sensitive function until the Borough of Waldwick is satisfied that the
employee has been evaluated and has successfully completed education or treatment requirements in
accordance with the self-identification program guidelines.
(b) A qualified voluntary self-identification program or policy must contain the following elements:
(1) It prohibits the Borough of Waldwick from taking adverse action against an employee making a
voluntary admission of alcohol misuse or controlled substances use within the parameters of the
program or policy and paragraph (a) of this section;
(2) It must allow the employee sufficient opportunity to seek evaluation, education or treatment to establish
control over the employee's drug or alcohol problem;
(3) It must permit the employee to return to safety sensitive duties only upon successful completion of an
educational or treatment program, as determined by a drug and alcohol abuse evaluation expert, i.e.,
employee assistance professional, substance abuse professional, or qualified drug and alcohol
counselor;
(4) It must ensure that:
(i) Prior to the employee participating in a safety sensitive function, the employee shall undergo a
return to duty test with a result indicating an alcohol concentration of less than 0.02; and/or
(ii) Prior to the employee participating in a safety sensitive function, the employee shall undergo a
return to duty controlled substance test with a verified negative test result for controlled substances
use; and
(5) It may incorporate employee monitoring and include non-DOT follow-up testing.
DRIVER IDENTIFICATION 382.123
(a) For each alcohol test performed, the Borough shall provide the driver’s commercial driver’s license number
and State of issuance in Step 1, Section B of the Alcohol Testing Form (ATF).
(b) For each controlled substance test performed under this part, the Borough of Waldwick shall provide the
following information, which must be recorded as follows:
(i) The driver’s commercial driver’s license number and State of issuance in Step 1, section C of the Federal
Drug Testing Custody and Control Form (CCF).
(ii) The employer’s name and other identifying information required in Step 1, section A of the ATF.
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EMPLOYEE ASSISTANCE PROGRAM
The Borough of Waldwick’s employee assistance program (EAP) is a confidential program designed to assist
in the identification and resolution of problems associated with employees impaired by alcohol or drugs, or
other personal concerns that may adversely affect employee job performance.
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SECTION B - PROHIBITIONS
ALCOHOL CONCENTRATION 382.201
No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while
having an alcohol concentration of 0.04 or greater. If the Borough of Waldwick has actual knowledge that a driver
has an alcohol concentration of 0.04 or greater, the driver will not be permitted to perform or continue to perform
safety-sensitive functions.
ON-DUTY USE 382.205
No driver shall use alcohol while performing safety-sensitive functions. If the Borough of Waldwick has actual
knowledge that a driver is using alcohol while performing safety-sensitive functions, that driver shall not be
permitted to perform or continue to perform safety-sensitive functions.
PRE-DUTY USE 382.207
No driver shall perform safety-sensitive functions within four (4) hours after using alcohol. If the Borough of
Waldwick has actual knowledge of a driver who has used alcohol within four (4) hours, that driver will not be
permitted to perform or continue to perform safety-sensitive functions.
USE FOLLOWING AN ACCIDENT 382.209
No driver required to take a post-accident alcohol test under 382.303 shall use alcohol for eight (8) hours following
the accident or until he/she undergoes a post-accident alcohol test, whichever occurs first.
REFUSAL TO SUBMIT TO A REQUIRED ALCOHOL OR CONTROLLED SUBSTANCES TEST 382.211
No driver shall refuse to submit to a post-accident alcohol or controlled substances test required under 382.303, a
random alcohol or controlled substances test required under 382.305, a reasonable suspicion alcohol or controlled
substances test required under 382.307, or a follow-up alcohol or controlled substances test required under 382.311.
The Borough of Waldwick shall not permit a driver who refuses to submit to such tests to perform or continue to
perform safety-sensitive functions.
DISCLOSURE OF OFF-DUTY DUI AND DRUG OFFENSE ARREST AN/OR CONVICTION 382.111
Safety Rule requiring mandatory reporting by Drivers of off – duty DUI and Drug Offense Arrest and/or
Conviction. In accordance with the authority granted to the Borough by the DOT in 49 CFR 382.111 to imposed
other requirements to prevent alcohol misuse by Drivers, it is mandatory that Drivers disclose to their supervisor
by the end of the business day arrest and/or convictions for all alcohol and/or drug related offenses committed
while operating any motor vehicle. This will allow the Borough to immediately remove from safety sensitive
functions, Drivers who have engaged in off – duty unsafe behavior related to alcohol or drug misuse (which is
directly related to their safety sensitive functions performed for the Borough) to make determinations as follows:
1) if the Driver is fit for duty; 2) if the Driver is still qualified under DOT regulations to operate a CMV for the
Borough; 3) if the Driver is still insurable at standard rates under the Borough fleet policy; and 4) if the Driver
can still meet the essential job functions for the position of Driver. It is an Essential Job Function of every DOT
regulated Driver that they be qualified and licensed to operate a CMV without the use of a judicially ordered
interlocking device, or similar device as part of a diversion or conviction for an alcohol related offence.
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PRE-DUTY DISCLOSURE OF ANY IMPAIRING EFFECT MEDICATION OR SUBSTANCES 382.213
(a) No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when
the driver uses any controlled substance, except when the use is pursuant to the instructions of a licensed medical
practitioner, as defined in 382.107, who has advised the driver that the substance will not adversely affect the driver's
ability to safely operate a commercial motor vehicle.
(b) The Borough of Waldwick, having actual knowledge that a driver has used a controlled substance, shall not
permit the driver to perform or continue to perform a safety-sensitive function.
(c) The Borough of Waldwick may require a driver to inform the Borough of Waldwick of any therapeutic drug
use.
All drivers of the Borough of Waldwick are required, as a safety rule and under DOT regulations, to pre-duty
disclosure that they are taking ANY impairing affect therapeutic drug, prescription medication (including
medical marijuana), over-the-counter medication, mind altering synthetic or designer drugs or substances which
may have an effect on their ability to safely operate a commercial motor vehicle or the performance of safety-
sensitive duties. It is an essential function of every driver's position at the Borough of Waldwick to be able to
work in a constant state of alertness and in a safe manner. If the fact that the driver is taking an impairing effect
drug, medication or substance is not disclosed pre-duty by a driver, and the driver tests positive or is determined
by the MRO to be a potential safety risk due to a drug, medication or substance, that driver will be subject
to discipline, up to and including termination for violation of this safety rule. If disclosure is made, the Borough
of Waldwick, in accordance with its authority under 49 CFR Part 391.11(a), reserves the right to send the driver
for a Fitness-for-Duty evaluation to evaluate the medication and its possible adverse effects on the driver's ability
to safely operate a commercial motor vehicle or the performance of other safety-sensitive duties. In determining
whether the employee has a legally valid prescription so as to constitute a legitimate medical explanation,
consistent with the Controlled Substances Act (CSA), the MRO will use the CSA standard when conducting his
medical review (49 CFR Part 40.137).
In advance of the operation of a commercial motor vehicle, or the performance of other safety-sensitive duties,
or testing, drivers are strongly encouraged (and mandated by DOT Regulations) to have their own doctor make
an individualized assessment of any safety related risks of the drug, medication or substance which they are
taking, providing the doctor a copy of their job description or specific duties, and having the doctor render an
opinion on the safety related risks. The driver need not disclose to their supervisor the drug, medication or
substance, or the medical condition involved, to fulfill this pre-duty disclosure obligation of this safety policy,
but may do so confidentially to the DER. All information provided will be kept separate from personnel files and
in a confidential manner by the DER. The MRO will make the final determination on the driver's ability to safely
operate a commercial motor vehicle or the safety related risks of any particular drug, medication or substance,
although the Borough of Waldwick shall make the final determination on whether the driver is qualified to
drive/operate a commercial motor vehicle.
CONTROLLED SUBSTANCES TESTING 382.215
No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive or
has adulterated or substituted a test specimen for controlled substances. The Borough of Waldwick, having actual
knowledge that a driver has tested positive or has adulterated or substituted a test specimen for controlled
substances, shall not permit the driver to perform or continue to perform safety-sensitive functions. In accordance
with 49 CFR Part 40.171, when the MRO has notified the driver that he or she has a verified positive drug test
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and/or refusal to test because of adulteration or substitution, the driver has 72 hours from the time of notification to
request a test of the split specimen.
EMPLOYER RESPONSIBILITIES 382.217
No employer may allow, require, permit or authorize a driver to operate a commercial motor vehicle during any
period in which an employer determines that a driver is not in compliance with the return-to-duty requirements in
49 CFR part 40, subpart O, after the occurrence of any of the following events:
(a) The driver receives a positive, adulterated, or substituted drug test result conducted under part 40;
(b) The driver receives an alcohol confirmation test result of 0.04 or higher alcohol concentration conducted
under part 40;
(c) The driver refused to submit to a test for drugs or alcohol required under § 382; or
(d) The driver used alcohol prior to a post-accident alcohol test in violation of § 382.209.
CONSEQUENCES OF CONDUCT PROHIBITED BY SECTION B Any driver who engages in conduct
prohibited by Section B of this policy will be subject to disciplinary action up to and including termination.
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SECTION C - TESTS REQUIRED
TESTS REQUIRED
Required testing includes pre-employment (controlled substances required, alcohol at option of the Borough of
Waldwick), post-accident, random, and reasonable suspicion. Return-to-duty and follow-up-testing is also required
if the Borough of Waldwick allows a "positive" test employee to return to a safety-sensitive function after the
required evaluation by a Substance Abuse Professional and the required rehabilitation.
THE BOROUGH OF WALDWICK RESERVES RIGHT TO CONDUCT NON-DOT DRUG AND ALCOHOL
TESTING
In addition to drug and alcohol testing conducted by the Borough pursuant to 49 CFR Part 40 and 49 CFR Part
382, The Borough reserves the independent authority to screen and/or test employees under Borough’s Policy
including, but not limited to, laboratory testing and point of collection test (POCT) devices utilizing alternative
body specimens including hair, urine and oral fluid (saliva), for the detection of illegal drugs, prescription and
over-the-counter medications or substances which have an impairing affect and/or alcohol, taken by those who
are considered safety-sensitive employees, as may be permitted and/or restricted by applicable state or local laws
or regulations and applicable collective bargaining agreements. The term “illegal use of drugs” includes any
mind altering synthetic or designer drugs as well as any controlled or scheduled substance not used in
accordance with a health care provider’s lawful prescription for the user. These collections will be performed
in addition to, and not as a substitute for, DOT regulated tests and these urine specimens will not be poured from
or taken from the same specimen collected for a DOT urine test or alcohol test [40.13] and will not be conducted
using DOT forms [40.47, 40.227]. This may also include a “zero tolerance” policy for the use of drugs or alcohol.
PRE-EMPLOYMENT 382.301
(a) Prior to the first time a driver performs safety-sensitive functions for the Borough of Waldwick, the driver shall
undergo testing for controlled substances as a condition prior to being used, unless the Borough of Waldwick uses
the exception in paragraph (b) of this section. The Borough of Waldwick shall not allow a driver, who the Borough
of Waldwick intends to hire or use, to perform safety-sensitive functions unless the Borough of Waldwick has
received a controlled substances test result from the MRO or C/TPA indicating a verified negative test result for
that driver. The Borough of Waldwick shall require a re-collection of a urine specimen on any pre-employment,
return-to-duty and follow-up drug test if the result is negative-dilute. The MRO has authority to direct the re-
collection be observed. If the second test result is also negative-dilute, the Borough of Waldwick shall accept the
result as a negative test.
(b) The Borough of Waldwick is not required to administer a controlled substances test required by paragraph (a)
of this section if:
(1) The driver has participated in a controlled substances testing program that meets the requirements of this
policy within the previous 30 days; and
(2) While participating in that program, either--
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(i) Was tested for controlled substances within the past 6 months (from the date of application with the
Borough of Waldwick), or
(ii) Participated in the random controlled substances testing program for the previous 12 months (from the
date of application with the Borough of Waldwick); and
(3) The Borough of Waldwick ensures that no prior employer of the driver of whom the Borough of Waldwick
has knowledge has records of a violation of this policy or the controlled substances use rule of another DOT
agency within the previous six months.
(c) (1) If the Borough of Waldwick exercises the exception in paragraph (b) of this section, the Borough of
Waldwick shall contact the controlled substances testing program(s) in which the driver participates or
participated and shall obtain and retain from the testing program(s) the following information:
(i) Name(s) and address(es) of the program(s).
(ii) Verification that the driver participates or participated in the program(s).
(iii) Verification that the program(s) conforms to part 40 of Federal regulations.
(iv) Verification that the driver is qualified under the rules of this policy, including that the driver has not
refused to be tested for controlled substances.
(v) The date the driver was last tested for controlled substances.
(vi) The results of any tests taken within the previous six months and any other violations of Section B of
this policy.
(2) If the Borough of Waldwick who uses, but does not employ a driver more than once a year to operate
commercial motor vehicles must obtain the information in paragraph (c)(1) of this section at least once every
six months. The records prepared under this paragraph shall be maintained in accordance with 382.401. If the
Borough of Waldwick cannot verify that the driver is participating in a controlled substances testing program
in accordance with this policy and part 40 of Federal regulations, the Borough of Waldwick shall conduct a pre-
employment controlled substances test.
(d) The Borough of Waldwick may, but is not required to, conduct pre-employment alcohol testing under this policy.
If the Borough of Waldwick chooses to conduct pre-employment alcohol testing, it must comply with the following
requirements:
(1) It must conduct a pre-employment alcohol test before the first performance of safety-sensitive functions by
every covered employee (whether a new employee or someone who has transferred to a position involving the
performance of safety-sensitive functions).
(2) It must treat all safety-sensitive employees performing safety-sensitive functions the same for the purpose
of pre-employment alcohol testing (i.e., it must not test some covered employees and not others).
(3) It must conduct the pre-employment tests after making a contingent offer of employment or transfer, subject
to the employee passing the pre-employment alcohol test.
(4) It must conduct all pre-employment alcohol tests using the alcohol testing procedures of 49 CFR part 40 of
Federal regulation.
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(5) It must not allow a covered employee to begin performing safety-sensitive functions unless the result of the
employee's test indicates an alcohol concentration of less than 0.04.
POST-ACCIDENT 382.303
(a) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public
road in commerce, the Borough of Waldwick shall test for alcohol for each of its surviving drivers:
(1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss
of human life; or
(2) Who receives a citation within 8 hours of the occurrence under State or local law for a moving traffic
violation arising from the accident, if the accident involved:
(i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away
from the scene of the accident; or
(ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor
vehicle to be transported away from the scene by a tow truck or other motor vehicle.
(b) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public
road in commerce, the Borough of Waldwick shall test for controlled substances for each of its surviving drivers:
(1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss
of human life; or
(2) Who receives a citation within thirty-two hours of the occurrence under State or local law for a moving
traffic violation arising from the accident, if the accident involved:
(i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away
from the scene of the accident; or
(ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor
vehicle to be transported away from the scene by a tow truck or other motor vehicle.
(c) The following table notes when a post-accident test is required to be conducted by paragraphs (a)(1), (a)(2),
(b)(1), and (b)(2) of this section:
Citation issued to
Test must be performed
Type of accident involved
the CMV driver
by the Borough of Waldwick
Human fatality
YES
YES
NO
YES
Bodily injury with immediate medical
YES
YES
treatment away from the scene
NO
NO
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Disabling damage to any motor
YES
YES
vehicle requiring tow away
NO
NO
(d) (1) Alcohol tests. If a test required by this section is not administered within two hours following the accident,
the Borough of Waldwick shall prepare and maintain on file a record stating the reasons the test was not
promptly administered. If a test required by this section is not administered within eight hours following the
accident, the Borough of Waldwick shall cease attempts to administer an alcohol test and shall prepare and
maintain the same record. Records shall be submitted to the FMCSA upon request.
(2) Controlled substance tests. If a test required by this section is not administered within 32 hours following
the accident, the Borough of Waldwick shall cease attempts to administer a controlled substances test, and
prepare and maintain on file a record stating the reasons the test was not promptly administered. Records shall
be submitted to the FMCSA upon request.
(e) A driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed
by the Borough of Waldwick to have refused to submit to testing. Nothing in this section shall be construed to
require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from
leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to
obtain necessary emergency medical care.
(f) The Borough of Waldwick shall provide drivers with necessary post-accident information, procedures and
instructions, prior to the driver operating a commercial motor vehicle, so that drivers will be able to comply with
the requirements of this section.
(g) (1) The results of a breath or blood test for the use of alcohol, conducted by Federal, State, or local officials
having independent authority for the test, shall be considered to meet the requirements of this section, provided
such tests conform to the applicable Federal, State or local alcohol testing requirements, and that the results of
the tests are obtained by the Borough of Waldwick.
(2) The results of a urine test for the use of controlled substances, conducted by Federal, State, or local officials
having independent authority for the test, shall be considered to meet the requirements of this section, provided
such tests conform to the applicable Federal, State or local controlled substances testing requirements, and that
the results of the tests are obtained by the Borough of Waldwick.
(h) Exception. This section does not apply to:
(1) An occurrence involving only boarding or alighting from a stationary motor vehicle; or
(2) An occurrence involving only the loading or unloading of cargo; or
(3) An occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle (as
defined in 571.3) by the Borough of Waldwick unless the motor vehicle is transporting passengers for hire or
hazardous materials of a type and quantity that require the motor vehicle to be marked or placarded in
accordance with 177.823.
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RANDOM 382.305
(a) The Borough of Waldwick shall comply with the requirements of this section. Every driver shall submit to
random alcohol and controlled substance testing as required in this section.
(b) (1) Except as provided in paragraphs (c) through (e) of this section, the minimum annual percentage rate for
random alcohol testing shall be 10 percent of the average number of driver positions.
(2) Except as provided in paragraphs (f) through (h) of this section, the minimum annual percentage rate for
random controlled substances testing shall be 25 percent of the average number of driver positions.
(c) (1) The selection of drivers for random alcohol and controlled substances testing shall be made by a
scientifically valid method, such as a random number table or a computer-based random number generator that
is matched with drivers' Social Security numbers, payroll identification numbers, or other comparable
identifying numbers.
(2) Each driver selected for random alcohol and controlled substances testing under the selection process used,
shall have an equal chance of being tested each time selections are made.
(3) Each driver selected for testing shall be tested during the selection period.
(d) (1) To calculate the total number of covered drivers eligible for random testing throughout the year, the Borough
of Waldwick, must add the total number of covered drivers eligible for testing during each random testing
period for the year and divide that total by the number of random testing periods. Covered employees, and only
covered employees, are to be in the Borough of Waldwick’s random testing pool, and all covered drivers must
be in the random pool. If the Borough of Waldwick conducts random testing more often than once per month
(e.g., daily, weekly, bi-weekly) the Borough of Waldwick does not need to compute this total number of covered
drivers rate more than on a once per month basis.
(2) The Borough of Waldwick may use a service agent (e.g., a C/TPA) to perform random selections and
covered drivers may be part of a larger random testing pool of covered employees. However, the Borough of
Waldwick must ensure that the service agent is testing at the appropriate percentage established for FMCSA
and that only covered employees are in the random testing pool
(e) (1) The Borough of Waldwick shall ensure that random alcohol and controlled substances tests conducted under
this policy are unannounced.
(2) The Borough of Waldwick shall ensure that the dates for administering random alcohol and controlled
substances tests are spread reasonably throughout the calendar year.
(f) The Borough of Waldwick shall require that each driver who is notified of selection for random alcohol and/or
controlled substances testing proceeds to the test site immediately; provided, however, that if the driver is
performing a safety-sensitive function, other than driving a commercial motor vehicle, at the time of notification,
the Borough of Waldwick shall instead ensure that the driver ceases to perform the safety-sensitive function and
proceeds to the testing site as soon as possible.
(g) A driver shall only be tested for alcohol while the driver is performing safety-sensitive functions, just before the
driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.
(h) If a given driver is subject to random alcohol or controlled substances testing under the random alcohol or
controlled substances testing rules of more than one DOT agency for the Borough of Waldwick, the driver shall be
subject to random alcohol and/or controlled substances testing at the annual percentage rate established for the
calendar year by the DOT agency regulating more than 50 percent of the driver's function.
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(i) If the Borough of Waldwick is required to conduct random alcohol or controlled substances testing under the
alcohol or controlled substances testing rules of more than one DOT agency, the Borough of Waldwick may--
(1) Establish separate pools for random selection, with each pool containing the DOT-covered employees who
are subject to testing at the same required minimum annual percentage rate; or
(2) Randomly select such employees for testing at the highest minimum annual percentage rate established for
the calendar year by any DOT agency to which the Borough of Waldwick is subject.
REASONABLE SUSPICION 382.307
(a) The Borough of Waldwick shall require a driver to submit to an alcohol test when the Borough of Waldwick
has reasonable suspicion to believe that the driver has violated the prohibitions of Section B of this policy
concerning alcohol. The Borough of Waldwick’s determination that reasonable suspicion exists to require the driver
to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the
appearance, behavior, speech or body odors of the driver.
(b) The Borough of Waldwick shall require a driver to submit to a controlled substances test when there is
reasonable suspicion to believe that the driver has violated the prohibitions of Section B of this policy concerning
controlled substances. The Borough of Waldwick’s determination that reasonable suspicion exists to require the
driver to undergo a controlled substances test must be based on specific, contemporaneous, articulable observations
concerning the appearance, behavior, speech or body odors of the driver. The observations may include indications
of the chronic and withdrawal effects of controlled substances.
(c) The required observations for alcohol and/or controlled substances reasonable suspicion testing shall be made
by a supervisor or an official of the Borough of Waldwick who is trained in accordance with 382.603. The person
who makes the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol
test of the driver. If the employee insists on driving, the proper local enforcement authority should be notified that
an employee, who we believe may be under the influence of a drug or alcohol, is leaving Borough premises driving
a motor vehicle.
(d) Alcohol testing is authorized by DOT/FMCSA regulations only if the observations required by paragraph (a)
of this section are made during, just preceding, or just after the period of the work day that the driver is required to
be in compliance with the Federal regulation. A driver may be directed by the Borough of Waldwick to only
undergo reasonable suspicion alcohol testing while the driver is performing safety-sensitive functions, just before
the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.
(e) (1) If an alcohol test required by DOT/FMCSA regulations is not administered within two (2) hours following
the determination under paragraph (a) of this section, the Borough of Waldwick shall prepare and maintain on
file a record stating the reasons the alcohol test was not promptly administered. If an alcohol test required by
DOT/FMCSA regulations is not administered within eight (8) hours following the determination under
paragraph (a) of this section, the Borough of Waldwick shall cease attempts to administer an alcohol test and
shall state in the record the reasons for not administering the test.
(2) Notwithstanding the absence of a reasonable suspicion alcohol test under DOT/FMCSA regulations, no
driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while the
driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance
indicators of alcohol misuse, nor shall the Borough of Waldwick permit the driver to perform or continue to
perform safety-sensitive functions, until:
(i) An alcohol test is administered and the driver's alcohol concentration measures less than 0.02; or
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(ii)Twenty four (24) hours have elapsed following the determination under paragraph (a) of this section that
there is reasonable suspicion to believe that the driver has violated the prohibitions in this policy concerning
the use of alcohol.
(3) Except as provided in paragraph (e)(2) of this section, the Borough of Waldwick shall take no action under
this policy against a driver based solely on the driver's behavior and appearance, with respect to alcohol use, in
the absence of an alcohol test. This does not prohibit the Borough of Waldwick with independent authority of
DOT/FMCSA regulations from taking any action otherwise consistent with law.
(f) A written record shall be made of the observations leading to an alcohol or controlled substances reasonable
suspicion test, and signed by the supervisor or an official of the Borough of Waldwick who made the observations,
with 24 hours of the observed behavior or before the results of the alcohol or controlled substances tests are released,
whichever is earlier.
RETURN-TO-DUTY 382.309
The requirements for return-to-duty testing must be performed in accordance with 49 CFR part 40, Subpart O,
including that such tests will be collected under direct observation.
FOLLOW-UP 382.311
The requirements for follow-up testing must be performed in accordance with 49 CFR part 40, Subpart O,
including that such tests will be collected under direct observation.
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SECTION D - HANDLING OF TEST RESULTS, RECORD
RETENTION AND CONFIDENTIALITY
RETENTION OF RECORDS 382.401
(a) General requirement. The Borough of Waldwick shall maintain records of its alcohol misuse and controlled
substances use prevention programs as provided in this section. The records shall be maintained in a secure location
with controlled access.
(b) Period of retention. The Borough of Waldwick shall maintain the records in accordance with the following
schedule:
(1) Five years. The following records shall be maintained for a minimum of five years:
(i) Records of driver alcohol test results indicating an alcohol concentration of 0.02 or greater,
(ii) Records of driver verified positive controlled substances test results,
(iii) Documentation of refusals to take required alcohol and/or controlled substances tests,
(iv) Driver evaluation and referrals,
(v) Calibration documentation,
(vi) Records related to the administration of the alcohol and controlled substances testing programs,
(vii) Records related to the administration of the alcohol and controlled substances testing program,
including records of all driver violations, and
(viii) A copy of each annual calendar year summary required by 382.403.
(2) Two years. Records related to the alcohol and controlled substances collection process (except calibration
of evidential breath testing devices).
(3) One year. Records of negative and canceled controlled substances test results (as defined in part 40 of
Federal regulations) and alcohol test results with a concentration of less than 0.02 shall be maintained for a
minimum of one year.
(4) Indefinite period. Records related to the education and training of breath alcohol technicians, screening test
technicians, supervisors, and drivers shall be maintained by the Borough of Waldwick while the individual
performs the functions which require the training and for two years after ceasing to perform those functions.
(c) Types of records. The following specific records shall be maintained. “Documents generated” are documents
that may have to be prepared under a requirement of Federal regulations and this policy. If the record is required
to be prepared, it must be maintained.
(1) Records related to the collection process:
(i)
Collection logbooks, if used,
(ii) Documents relating to the random selection process,
(iii) Calibration documentation for evidential breath testing devices,
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(iv) Documentation of breath alcohol technician training,
(v) Documents generated in connection with decisions to administer reasonable suspicion alcohol or
controlled substances tests,
(vi) Documents generated in connection with decisions on post-accident tests,
(vii) Documents verifying existence of a medical explanation of the inability of a driver to provide adequate
breath or to provide a urine specimen for testing and
(viii) A copy of each annual calendar year summary as required by 382.403.
(2) Records related to a driver’s test results:
(i)
The Borough of Waldwick’s copy of the alcohol test form, including the results of the test,
(ii) The Borough of Waldwick’s copy of the controlled substances test chain of custody and control form,
(iii) Documents sent by the MRO to the Borough of Waldwick, including those required by part 40, Subpart
G,
(iv) Documents related to the refusal of any driver to submit to an alcohol or controlled substances test
required by this policy and
(v) Documents presented by a driver to dispute the result of an alcohol or controlled substances test
administered under this policy.
(vi) Documents generated in connection with verifications of prior employers' alcohol or controlled
substances test results that the Borough of Waldwick:
(A) Must obtain in connection with the exception contained in 382.301 of this policy, and
(B) Must obtain as required by 382.413.
(3) Records related to other violations of this policy.
(4) Records related to evaluations:
(i)
Records pertaining to a determination by a substance abuse professional concerning a driver’s need
for assistance and
(ii) Records concerning a driver’s compliance with recommendations of the substance abuse professional.
(5) Records related to education and training:
(i)
Materials on alcohol misuse and controlled substances use awareness, including a copy of the Borough
of Waldwick’s policy on alcohol misuse and controlled substances use,
(ii) Documentation of compliance with requirements of 382.601, including the driver’s signed receipt of
education materials,
(iii) Documentation of training provided to supervisors for the purpose of qualifying the supervisors to
make a determination concerning the need for alcohol and/or controlled substances testing based on
reasonable suspicion;
(iv) Documentation of training for breath alcohol technicians as required by 40.213(a), and
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(v) Certification that any training conducted under these Federal Regulations complies with requirements
for such training.
(6) Administrative records related to alcohol and controlled substances testing:
(i)
Agreements with collection site facilities, laboratories, breath alcohol technicians, screening test
technicians, medical review officers, and consortia and/or with a C/TPA,
(ii) Names and positions of officials and their role in the Borough of Waldwick’s alcohol and controlled
substances testing program(s),
(iii) Semi-annual laboratory statistical summaries of urinalysis required by 40.111 (a) of Federal
regulations and
(iv) The Borough of Waldwick’s alcohol and controlled substances testing policy and procedures.
(d) Location of records. All records required by this policy shall be maintained as required by 390.31 and shall be
made available for inspection at the Borough of Waldwick’s principal place of business within two business days
after a request has been made by an authorized representative of the FMCSA.
REPORTING OF RESULTS IN A MANAGEMENT INFORMATION SYSTEM 382.403
(a) The Borough of Waldwick shall prepare and maintain a summary of the results of its alcohol and controlled
substances testing programs performed under this part during the previous calendar year, when requested by the
Secretary of Transportation, any DOT agency, or any State or local officials with regulatory authority over the
Borough of Waldwick or any of its drivers.
(b) If the Borough of Waldwick is notified, during the month of January, of a request by the Federal Motor Carrier
Safety Administration to report the Borough of Waldwick’s annual calendar year summary information, the
Borough of Waldwick shall prepare and submit the report to the FMCSA by March 15 of that year. The Borough
of Waldwick shall ensure that the annual summary report is accurate and received by March 15 at the location that
the FMCSA specifies in its request. the Borough of Waldwick must use the Management Information System (MIS)
form and instructions as required by 49 CFR part 40 (at Sec. 40.26 and appendix H to part 40). The Borough of
Waldwick may also use the electronic version of the MIS form provided by the DOT. The Administrator may
designate means (e.g., electronic program transmitted via the Internet), other than hard-copy, for MIS form
submission. For information on the electronic version of the form, see:
http://www.fmcsa.dot.gov/safetyprogs/drugs/engtesting.htm.
You must use the form at appendix H to this part. You may also view and download the updated (1.01.2018)
instructions at the DOT’s website: (https://www.transportation.gov/odapc). You must submit the MIS report in
accordance with rule requirements (e.g., dates for submission, selection of companies required to submit, and
method of reporting) established by the DOT agency regulating your operation.
(c) When the report is submitted to the FMCSA by mail or electronic transmission, the information requested shall
be typed, except for the signature of the certifying official. the Borough of Waldwick shall ensure the accuracy and
timeliness of each report submitted by the Borough of Waldwick or a consortium.
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(d) If the Borough of Waldwick has a covered employee who performs multi-DOT agency functions (e.g., an
employee drives a commercial motor vehicle and performs pipeline maintenance duties for the Borough of
Waldwick), then that employee shall be counted only on the MIS report for the DOT agency under which he or she
is randomly tested. Normally, this will be the DOT agency under which the employee performs more than 50% of
his or her duties. The Borough of Waldwick may have to explain the testing data for these employees in the event
of a DOT agency inspection or audit.
(e) A service agent (e.g., Consortia/Third party administrator as defined in 49 CFR 382.107) may prepare the MIS
report on behalf of the Borough of Waldwick. However, a Borough official (e.g., Designated employer
representative) must certify the accuracy and completeness of the MIS report, no matter who prepares it.
ACCESS TO FACILITIES AND RECORDS 382.405
(a) Except as required by law or expressly authorized or required, the Borough of Waldwick shall not release driver
information that is contained in records required to be maintained under 382.401.
(b) A driver is entitled, upon written request, to obtain copies of any records pertaining to the driver’s use of alcohol
or controlled substances, including any records pertaining to his/her alcohol or controlled substances tests. The
Borough of Waldwick will promptly provide the records requested by the driver. Access to a driver’s records shall
not be contingent upon payment for records other than those specifically requested.
(c) The Borough of Waldwick shall permit access to all facilities utilized in complying with the requirements of
this policy to the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory
authority over the Borough of Waldwick or any of its drivers.
(d) The Borough of Waldwick and each service agent who maintains records for an employer, must make available
copies of all results for DOT alcohol and/or controlled substances testing conducted by the Borough and any other
information pertaining to the Borough’s alcohol misuse and/or controlled substances use prevention program when
requested by the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory
authority over the Borough of Waldwick or any of its drivers.
(e) When requested by the National Transportation Safety Board as a part of a crash investigation:
(i) The Borough of Waldwick must disclose information related to the Borough of Waldwick’s
administration of a post-accident alcohol and/or a controlled substances test administered following the
crash under investigation; and
(ii) FMCSA will provide access to information in the Clearinghouse (once established) concerning drivers
who are involved with the crash under investigation.
(f) When requested by the National Transportation Safety Board as part of an accident investigation, the Borough
of Waldwick shall disclose information related to the Borough of Waldwick’s administration of a post-accident
alcohol and/or controlled substances test administered following the accident under investigation.
(g) Records shall be made available to a subsequent employer upon receipt of a written request from a driver.
Disclosure by the subsequent employer is permitted only as expressly authorized by the terms of the driver’s request.
(h) The Borough of Waldwick may disclose information required to be maintained under this policy pertaining to
a driver to the decision maker in a lawsuit, grievance, or administrative proceeding initiated by or on behalf of the
individual, and arising from a positive DOT drug or alcohol test or a refusal to test (including, but not limited to,
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adulterated or substituted test results) of this policy (including, but not limited to, a worker’s compensation,
unemployment compensation, or other proceeding relating to a benefit sought).
(i) The Borough of Waldwick shall release information regarding a driver’s records as directed by the specific
written consent of the driver authorizing release of the information to an identified person. Release of such
information by the person receiving the information is permitted only in accordance with the terms of the
employee’s specific written consent as outlined in 49 CFR part 40.321(b).
MEDICAL REVIEW OFFICER NOTIFICATIONS TO THE BOROUGH OF WALDWICK 382.407
The medical review officer shall report the results of controlled substances tests to the Borough of Waldwick in
accordance with the requirements of 49 CFR part 40, Subpart G.
MEDICAL REVIEW OFFICER RECORD RETENTION FOR CONTROLLED SUBSTANCES 382.409
(a) A medical review officer or third party administrator shall maintain all dated records and notifications, identified
by individual, for a minimum of five (5) years for verified positive controlled substances test results.
(b) A medical review officer or third party administrator shall maintain all dated records and notifications, identified
by individual, for a minimum or one (1) year for negative and canceled controlled substances test results.
(c) No person may obtain the individual controlled substances test results retained by a medical review officer
(MRO as defined in § 40.3) or a consortium/third party administrator (C/TPA as defined in 382.107), and no MRO
or C/TPA may release the individual controlled substances test results of any driver to any person, without first
obtaining a specific, written authorization from the tested driver. Nothing in this paragraph (c) shall prohibit a MRO
or a C/TPA from releasing to the employer, the Clearinghouse (once established), or to the Secretary of
Transportation, any DOT agency, or any State or local officials with regulatory authority over the controlled
substances and alcohol testing program under this part, the information delineated in part 40, subpart G.
EMPLOYER NOTIFICATIONS 382.411
(a) The Borough of Waldwick shall notify a driver of the results of a pre-employment controlled substances test
conducted under this policy, if the driver applicant requests such results within 60 calendar days of being notified
of the disposition of the employment application. The Borough of Waldwick shall notify a driver of the results of
random, reasonable suspicion and post-accident tests for controlled substances conducted under this policy if the
test results are verified positive. The Borough of Waldwick shall also inform the driver which controlled substance
or substances were verified as positive.
(b) The designated employer representative (DER) shall make reasonable efforts to contact and request each driver
who submitted a specimen under this policy, regardless of the driver’s employment status, to contact and discuss
the results of the controlled substances test with a medical review officer who has been unable to contact the driver.
(c) The designated employer representative (DER) shall immediately notify the medical review officer that the
driver has been notified to contact the medical review officer within 24 hours.
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INQUIRIES FOR ALCOHOL AND CONTROLLED SUBSTANCES INFORMATION FROM PREVIOUS
EMPLOYERS 382.413
(a) The Borough of Waldwick must request alcohol and controlled substances information from previous employers
in accordance with the requirements of § 40.25, except that the Borough must request information from all DOT-
regulated employers that employed the driver within the previous 3 years and the scope of the information requested
must date back 3 years.
(b) As of January 6, 2023, employers must use the Drug and Alcohol Clearinghouse in accordance with § 382.701(a)
to comply with the requirements of § 40.25 of this title with respect to FMCSA-regulated employers. Exception:
When an employee who is subject to follow-up testing has not successfully completed all follow-up tests, employers
must request the previous employer’s follow-up testing plan directly from the previous employer in accordance
with § 40.25(b)(5).
(c) If an applicant was subject to an alcohol and controlled substance testing program under the requirements of a
DOT Agency other than FMCSA, the Borough must request the alcohol and controlled substances information
required under this section and § 40.25 directly from those employers regulated by a DOT Agency other than
FMCSA.
NOTIFICATION TO EMPLOYERS OF A CONTROLLED SUBSTANCES OR ALCOHOL TESTING
PROGRAM VIOLATION 382.415
Each person holding a commercial driver’s license and subject to the DOT controlled substances and alcohol testing
requirements under § 382 who has violated the alcohol and controlled substances prohibitions under part 40 or
under § 382 without complying with the requirements of part 40, subpart O, must notify in writing all current
employers of such violation(s). The driver is not required to provide notification to the employer that administered
the test or documented the circumstances that gave rise to the violation. The notification must be made before the
end of the business day following the day the employee received notice of the violation, or prior to performing any
safety-sensitive function, whichever comes first.
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SECTION E - CONSEQUENCES FOR DRIVERS
ENGAGING IN SUBSTANCE USE-RELATED CONDUCT
REMOVAL FROM SAFETY-SENSITIVE FUNCTION 382.501
(a) Except as provided in Section F of this policy, no driver shall perform safety-sensitive functions, including
driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by Section B of this policy or
an alcohol or controlled substances rule of another DOT agency.
(b) The Borough of Waldwick shall not permit any driver to perform safety-sensitive functions, including driving
a commercial motor vehicle, if the Borough of Waldwick has determined that the driver has violated this policy.
(c) For the purposes of DOT/FMCSA regulations, commercial motor vehicle means a commercial motor vehicle in
commerce as defined in 382.107 and a commercial motor vehicle in interstate commerce as defined in part 390.
REQUIRED EVALUATION AND TESTING 382.503
No driver who has engaged in conduct prohibited by Section B of this policy shall perform safety-sensitive
functions, including driving a commercial motor vehicle, unless the driver has met the requirements of 49 CFR part
40, Subpart O. The Borough of Waldwick shall not permit a driver who has engaged in conduct prohibited by
Section B of this policy to perform safety-sensitive functions, including driving a commercial motor vehicle, unless
the driver has met the requirements of 49 CFR part 40, Subpart O.
OTHER ALCOHOL-RELATED CONDUCT 382.505
(a) No driver tested under the provisions of Section C of this policy who is found to have an alcohol concentration
of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions for the Borough
of Waldwick, including driving a commercial motor vehicle, nor shall the Borough of Waldwick permit the driver
to perform or continue to perform safety-sensitive functions, until the start of the driver’s next regularly scheduled
duty period, but not less than 24 hours following administration of the test.
(b) Except as provided in paragraph (a) of this section, the Borough of Waldwick shall not take any action under
this policy against a driver based solely on test results showing an alcohol concentration less than 0.04. This does
not prohibit the Borough of Waldwick with authority independent of this policy from taking any action otherwise
consistent with law.
The use or possession of alcoholic beverages while on the Borough of Waldwick’s property, or in any of the Borough
of Waldwick’s vehicle, or on the Borough of Waldwick’s time, including breaks or lunch, paid or unpaid, on any
shift, is strictly prohibited.
Employees who are not at work, but who could be called out are expected to be fit for duty upon reporting for work.
If an employee is under the influence of alcohol, the employee must notify the Borough of Waldwick’s personnel
when contacted. Failure to advise the Borough of Waldwick of alcohol consumption may result in disciplinary
action. If a covered employee is perceived to be under the influence of alcohol when reporting to work after being
called in, the employee’s supervisor must be notified.
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The supervisor must objectively observe the employee’s behavior and if possible, substantiate the behavior with a
second supervisor. Supervisors must have received training in alcohol and/or substance abuse detection. The
supervisor must follow procedures outlined in the policy. If a determination to test for reasonable suspicion is
made, the employee is immediately removed from safety-sensitive duties and the DER is contacted.
PENALTIES 382.507
The Borough of Waldwick and/or driver who violates the FMCSA requirements of § 382 and/or 49 CFR part 40
shall be subject to the civil and/or criminal penalty provisions of 49 U.S.C. Section 521(b).
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SECTION F – ALCOHOL MISUSE AND CONTROLLED
SUBSTANCES USE INFORMATION, TRAINING, AND
REFERRAL
THE BOROUGH OF WALDWICK’S OBLIGATION TO PROMULGATE A POLICY ON THE MISUSE
OF ALCOHOL AND USE OF CONTROLLED SUBSTANCES. 382.601
(a) General requirements. The Borough of Waldwick shall provide educational materials that explain the
requirements of this policy and the Borough of Waldwick’s policies and procedures with respect to meeting the
FMCSA alcohol and drug testing requirements.
(1) The Borough of Waldwick shall ensure that a copy of these materials is distributed to each driver prior to
the start of alcohol and controlled substances testing under this policy and to each driver subsequently hired or
transferred into a position requiring driving a commercial motor vehicle.
(2) The Borough of Waldwick shall provide written notice to representatives of employee organizations of the
availability of this information.
(b) Required content. The materials to be made available to drivers shall include detailed discussion of at least the
following:
(1) The identity of the person designated by the Borough of Waldwick to answer driver questions about the
materials; (COVERED EMPLOYEE CERTIFICATE OF RECEIPT)
(2) The categories of drivers who are subject to the provisions of this policy; (APPLICABILITY)
(3) Sufficient information about the safety-sensitive functions performed by those drivers to make clear what
period of the work day the driver is required to be in compliance with the policy; (PERIOD OF THE WORK
DAY A DRIVER IS REQUIRED TO BE IN COMPLIANCE)
(4) Specific information concerning driver conduct that is prohibited by this policy; (SECTION B -
PROHIBITIONS)
(5) The circumstances under which a driver will be tested for alcohol and/or controlled substances under this
policy including post-accident testing under 382.303(d); (SECTION C - TESTS REQUIRED)
(6) The procedures that will be used to test for the presence of alcohol and controlled substances, protect the
driver and the integrity of the testing process, safeguard the validity of the test results, and ensure that those
results are attributed to the correct driver, including post-accident information, procedures and instructions
required by 382.303(d); (49 CFR part 40)
(7) The requirement that a driver submit to alcohol and controlled substances tests administered in accordance
with this policy; (REFUSAL TO SUBMIT TO A REQUIRED ALCOHOL OR CONTROLLED SUBSTANCES
TEST)
(8) An explanation of what constitutes a refusal to submit to an alcohol or controlled substances test and the
attendant consequences; (DEFINITIONS)
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(9) The consequences for drivers found to have violated Section B of this policy, including the requirement that
the driver be removed immediately from safety-sensitive functions, and the procedures under 49 CFR part 40,
Subpart O; (CERTIFICATE OF RECEIPT, CONSEQUENCES OF PROHIBITED CONDUCT; and
CONSEQUENCES OF CONDUCT PROHIBITED BY SECTION B, and SECTION E)
(10) The consequences for drivers found to have an alcohol concentration of 0.02 or greater but less that 0.04;
(OTHER ALCOHOL-RELATED CONDUCT 382.505)
(11) Information concerning the effects of alcohol and controlled substances use on an individual’s health,
work, and personal life; signs and symptoms of an alcohol or a controlled substances problem (the driver’s or
a coworker’s); and available methods of intervening when an alcohol or a controlled substances problem is
suspected, including confrontation, referral to any employee assistance program and/or referral to management;
(c) The requirement that the following personal information collected and maintained under this part shall be
reported to the Clearinghouse (once established):
(1) A verified positive, adulterated, or substituted drug test result;
(2) An alcohol confirmation test with a concentration of 0.04 or higher;
(3) A refusal to submit to any test required by subpart C;
(4) An employer’s report of actual knowledge, as defined at § 382.107:
(5) On-duty alcohol use pursuant to § 382.205;
(6) Pre-duty alcohol use pursuant to § 382.207;
(7) Alcohol use following an accident pursuant to § 382.209; and
(8) Controlled substance use pursuant to § 382.213;
(9)
A substance abuse professional (SAP as defined in § 40.3 of this title) report of the successful
completion of the return-to-duty process;
(10)
A negative return-to-duty test; and
(11)
An employer’s report of completion of follow-up testing.
(d) Optional provision. The materials supplied to drivers may also include information on the Borough of
Waldwick’s additional policies with respect to the use or possession of alcohol or controlled substances, including
any consequences for a driver found to have a specified alcohol or controlled substances level, that are based on the
Borough of Waldwick’s authority independent of Federal regulation. Any such additional policies or consequences
must be clearly and obviously described as being based on independent authority.
(e) Certificate of receipt. The Borough of Waldwick shall ensure that each driver is required to sign a statement
certifying that he/she has received a copy of these materials described in this section. The Borough of Waldwick
shall maintain the original of the signed certificate and may provide a copy of the certificate to the driver.
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TRAINING FOR SUPERVISORS 382.603
The Borough of Waldwick shall ensure that all persons designated to supervise drivers receive at least 60 minutes
of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substances use.
The training will be used by the supervisors to determine whether reasonable suspicion exists to require a driver to
undergo testing under § 382.307. The training shall include the physical, behavioral, speech, and performance
indicators of probable alcohol misuse and use of controlled substances. Recurrent training for supervisory personnel
is not required.
REFERRAL, EVALUATION, AND TREATMENT 382.605
The requirements for referral, evaluation, and treatment must be performed in accordance with 49 CFR part 40,
Subpart O.
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SECTION G – REQUIREMENTS AND PROCEDURES
FOR IMPLEMENTATION OF THE COMMERCIAL
DRIVER’S LICENSE DRUG AND ALCOHOL
CLEARINGHOUSE
The purpose of the Borough of Waldwick Policy update in advance of the Compliance Date of January 6,
2020 as mandated by § 382.601: 1) is part of the Borough’s efforts to meet its Employer Obligation to
Promulgate a Policy on the Misuse of Alcohol and Use of Controlled Substance; 2) to publish educational
materials to drivers about the Clearinghouse and other regulatory changes contained in the Final Rule issued
December 5, 2016; and 3) to notify drivers that drug and alcohol test information will be reported to the
Clearinghouse beginning January 6, 2020 so as to encourage drivers to seek substance abuse treatment if
they currently have a problem with the misuse of alcohol and/or use of controlled substance(s).
DRUG AND ALCOHOL CLEARINGHOUSE 382.701
(a) Pre-employment query required.
(1) Employers must not employ a driver subject to controlled substances and alcohol testing to perform a
safety-sensitive function without first conducting a pre-employment query of the Clearinghouse to obtain
information about whether the driver has a verified positive, adulterated, or substituted controlled
substances test result; has an alcohol confirmation test with a concentration of 0.04 or higher; has refused
to submit to a test in violation of § 382.211; or that an employer has reported actual knowledge, as defined
at § 382.107, that the driver used alcohol on duty in violation of § 382.205, used alcohol before duty in
violation of § 382.207, used alcohol following an accident in violation of § 382.209, or used a controlled
substance, in violation of § 382.213.
(2) The Borough of Waldwick must conduct a full query under this section, which releases information in
the Clearinghouse to an employer and requires that the individual driver give specific consent.
(b) Annual query required.
(1) The Borough of Waldwick must conduct a query of the Clearinghouse at least once per year for
information for all employees subject to controlled substance and alcohol testing under 382, to determine
whether information exists in the Clearinghouse about those employees.
(2) In lieu of a full query, as described in paragraph (a)(2) of 382.701, the Borough of Waldwick may obtain
the individual driver’s consent to conduct a limited query to satisfy the annual query requirement in
paragraph (b)(1) of this section. The limited query will tell the Borough of Waldwick whether there is
information about the individual driver in the Clearinghouse, but will not release that information to the
Borough of Waldwick. The individual driver may give consent to conduct limited queries that is effective
for more than one year.
(3) If the limited query shows that information exists in the Clearinghouse about the individual driver, the
employer must conduct a full query, in accordance with paragraph (a)(2) of 382.701, within 24 hours of
conducting the limited query. If the employer fails to conduct a full query within 24 hours, the employer
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must not allow the driver to continue to perform any safety-sensitive function until the employer conducts
the full query and the results confirm that the driver’s Clearinghouse record contains no prohibitions as
defined in paragraph (d) of 382.701.
(c) Employer notification. If any information described in paragraph (a) of 382.701 is entered into the Clearinghouse
about a driver during the 30-day period immediately following an employer conducting a query of that driver’s
records, FMCSA will notify the employer.
(d) Prohibition. No employer may allow a driver to perform any safety-sensitive function if the results of a
Clearinghouse query demonstrate that the driver has a verified positive, adulterated, or substituted controlled
substances test result; has an alcohol confirmation test with a concentration of 0.04 or higher; has refused to submit
to a test in violation of § 382.211; or that an employer has reported actual knowledge, as defined at
§ 382.107, that the driver used alcohol on duty in violation of § 382.205, used alcohol before duty in violation of §
382.207, used alcohol following an accident in violation of § 382.209, or used a controlled substance in violation
of § 382.213, except where a query of the Clearinghouse demonstrates:
(1) That the driver has successfully completed the SAP evaluation, referral, and education/treatment process
set forth in part 40, subpart O, of this title; achieves a negative return-to-duty test result; and completes the
follow-up testing plan prescribed by the SAP.
(2) That, if the driver has not completed all follow-up tests as prescribed by the SAP in accordance with §
40.307 and specified in the SAP report required by § 40.311, the driver has completed the SAP evaluation,
referral, and education/treatment process set forth in part 40, subpart O, and achieves a negative return-to-
duty test result, and the employer assumes the responsibility for managing the follow-up testing process
associated with the testing violation.
(e) Recordkeeping required. Employers must retain for 3 years a record of each query and all information received
in response to each query made under this section. As of January 6, 2023, an employer who maintains a valid
registration fulfills this requirement.
DRIVER CONSENT TO PERMIT ACCESS TO INFORMATION IN THE CLEARINGHOUSE 382.703
(a) No employer may query the Clearinghouse to determine whether a record exists for any particular driver without
first obtaining that driver’s written or electronic consent. The employer conducting the search must retain the
consent for 3 years from the date of the last query.
(b) Before the Borough of Waldwick may access information contained in the driver’s Clearinghouse record, the
driver must submit electronic consent through the Clearinghouse granting the employer access to the following
specific records:
(1) A verified positive, adulterated, or substituted controlled substances test result;
(2) An alcohol confirmation test with a concentration of 0.04 or higher;
(3) A refusal to submit to a test in violation of § 382.211;
(4) An employer’s report of actual knowledge, as defined at § 382.107, of:
(i) On duty alcohol use pursuant to § 382.205;
(ii) Pre-duty alcohol use pursuant to § 382.207;
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(iii) Alcohol use following an accident pursuant to § 382.209; and
(iv) Controlled substance use pursuant to § 382.213;
(5) A SAP report of the successful completion of the return-to-duty process;
(6) A negative return-to-duty test; and
(7) An employer’s report of completion of follow-up testing.
(c) No employer may permit a driver to perform a safety-sensitive function if the driver refuses to grant the consent
required by paragraphs (a) and (b) of 382.703.
(d) A driver granting consent under 382.703 must provide consent electronically to the Agency through the
Clearinghouse prior to release of information to an employer in accordance with § 382.701(a)(2) or (b)(3).
(e) A driver granting consent under this section grants consent for the Agency to release information to an employer
in accordance with § 382.701(c).
REPORTING TO THE CLEARINGHOUSE 382.705
(a) MROs.
(1) Within 2 business days of making a determination or verification, MROs must report the following
information about a driver to the Clearinghouse:
(i) Verified positive, adulterated, or substituted controlled substances test results;
(ii) Refusal-to-test determination by the MRO in accordance with 49 CFR 40.191(a)(5), (7), and
(11), (b), and (d)(2).
(2) MROs must provide the following information for each controlled substances test result specified in
paragraph (a)(1) of this section:
(i) Reason for the test;
(ii) Federal Drug Testing Custody and Control Form specimen ID number;
(iii) Driver’s name, date of birth, and CDL number and State of issuance;
(iv) Employer’s name, address, and USDOT number, if applicable;
(v) Date of the test;
(vi) Date of the verified result; and
(vii) Test result. The test result must be one of the following:
(A) Positive (including the controlled substance(s) identified);
(B) Refusal to test: adulterated;
(C) Refusal to test: substituted; or
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(D) Refusal to provide a sufficient specimen after the MRO makes a determination, in
accordance with § 40.193 of this title, that the employee does not have a medical condition that
has, or with a high degree of probability could have, precluded the employee from providing a
sufficient amount of urine. Under this subpart a refusal would also include a refusal to undergo a
medical examination or evaluation to substantiate a qualifying medical condition.
(3) Within 1 business day of making any change to the results report in accordance with paragraph (a)(1)
of this section, a MRO must report that changed result to the Clearinghouse.
(b) Employers.
(1) Employers must report the following information about a driver to the Clearinghouse by the close of
the third business day following the date on which they obtained that information:
(i) An alcohol confirmation test result with an alcohol concentration of 0.04 or greater;
(ii) A negative return-to-duty test result;
(iii) A refusal to take an alcohol test pursuant to 49 CFR 40.261;
(iv) A refusal to test determination made in accordance with 49 CFR 40.191(a)(1) through (4),
(a)(6), (a)(8) through (11), or (d)(1), but in the case of a refusal to test under (a)(11), the employer
may report only those admissions made to the specimen collector; and
(v) A report that the driver has successfully completed all follow-up tests as prescribed in the SAP
report in accordance with §§ 40.307, 40.309, and 40.311 of this title.
(2) The information required to be reported under paragraph (b)(1) of this section must include, as
applicable:
(i) Reason for the test;
(ii) Driver’s name, date of birth, and CDL number and State of issuance;
(iii) Employer name, address, and USDOT number;
(iv) Date of the test;
(v) Date the result was reported; and
(vi) Test result. The test result must be one of the following:
(A) Negative (only required for return-to-duty tests administered in accordance with §
382.309);
(B) Positive; or
(C) Refusal to take a test.
(3) For each report of a violation of 49 CFR 40.261(a)(1) or 40.191(a)(1), the employer must report
the following information:
(i) Documentation, including, but not limited to, electronic mail or other contemporaneous record
of the time and date the driver was notified to appear at a testing site; and the time, date and testing
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site location at which the employee was directed to appear, or an affidavit providing evidence of
such notification;
(ii) Documentation, including, but not limited to, electronic mail or other correspondence, or an
affidavit, indicating the date the employee was terminated or resigned (if applicable);
(iii) Documentation, including, but not limited to, electronic mail or other correspondence, or an
affidavit, showing that the C/TPA reporting the violation was designated as a service agent for an
employer who employs himself/herself as a driver pursuant to paragraph (b)(6) of this section when
the reported refusal occurred (if applicable); and
(iv) Documentation, including a certificate of service or other evidence, showing that the employer
provided the employee with all documentation reported under paragraph (b)(3) of this section.
(4) Employers must report the following violations by the close of the third business day following the date
on which the employer obtains actual knowledge, as defined at § 382.107, of:
(i) On-duty alcohol use pursuant to § 382.205;
(ii) Pre-duty alcohol use pursuant to § 382.207;
(iii) Alcohol use following an accident pursuant to § 382.209; and
(iv) Controlled substance use pursuant to § 382.213.
(5) For each violation in paragraph (b)(4) of this section, the employer must report the following
information:
(i) Driver’s name, date of birth, CDL number and State of issuance;
(ii) Employer name, address, and USDOT number, if applicable;
(iii) Date the employer obtained actual knowledge of the violation;
(iv) Witnesses to the violation, if any, including contact information;
(v) Description of the violation;
(vi) Evidence supporting each fact alleged in the description of the violation required under
paragraph (b)(4) of this section, which may include, but is not limited to, affidavits, photographs,
video or audio recordings, employee statements (other than admissions pursuant to § 382.121),
correspondence, or other documentation; and
(vii) A certificate of service or other evidence showing that the employer provided the employee
with all information reported under paragraph (b)(4) of this section.
(6) An employer who employs himself/herself as a driver must designate a C/TPA to comply with the
employer requirements in paragraph (b) of this section related to his or her own alcohol and controlled
substances use.
(c) C/TPAs. Any employer may designate a C/TPA to perform the employer requirements in paragraph (b) of this
section. Regardless of whether it uses a C/TPA to perform its requirements, the employer retains ultimate
responsibility for compliance with this section. Exception: an employer does not retain responsibility where the
C/TPA is designated to comply with employer requirements as described in paragraph (b)(6) of 382.705.
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(d) SAPs.
(1) SAPs must report to the Clearinghouse for each driver who has completed the return-to-duty process in
accordance with 49 CFR part 40, subpart O, the following information:
(i) SAPs name, address, and telephone number;
(ii) Driver’s name, date of birth, and CDL number and State of issuance;
(iii) Date of the initial substance-abuse-professional assessment; and
(iv) Date the SAP determined that the driver demonstrated successful compliance as defined in 49
CFR part 40, subpart O, and was eligible for return-to-duty testing under 382.
(2) SAP must report the information required by paragraphs (d)(1)(i) through (iii) of this section by the
close of the business day following the date of the initial substance abuse assessment, and must report the
information required by paragraph (d)(1)(iv) of 382.703 by the close of the business day following the
determination that the driver has completed the return-to-duty process.
(e) Reporting truthfully and accurately. Every person or entity with access must report truthfully and accurately to
the Clearinghouse and is expressly prohibited from reporting information he or she knows or should know is false
or inaccurate.
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NOTICE TO DRIVERS OF ENTRY, REVISION, REMOVAL, OR RELEASE OF INFORMATION
382.707
(a) FMCSA must notify a driver when information concerning that driver has been added to, revised, or removed
from the Clearinghouse.
(b) FMCSA must notify a driver when information concerning that driver has been released from the Clearinghouse
to an employer and specify the reason for the release.
(c) Drivers will be notified by letter sent by U.S. Mail to the address on record with the State Driver Licensing
Agency that issued the driver’s commercial driver’s license. Exception: A driver may provide the Clearinghouse
with an alternative means or address for notification, including electronic mail.
Reporting Entities and Circumstances
Reporting Entity
When Information Will Be Reported to Clearinghouse
Prospective/Current
Employer of CDL
Driver
— An alcohol confirmation test with a concentration of 0.04 or higher
— Refusal to test (alcohol) as specified in 49 CFR 40.261
— Refusal to test (drug) not requiring a determination by the MRO as specified in 49 CFR
40.191
— Actual knowledge, as defined in 49 CFR 382.107, that a driver has used alcohol on duty, used
alcohol within four hours of coming on duty, used alcohol prior to post-accident testing, or has used a
controlled substance.
— Negative return-to-duty test results (drug and alcohol testing, as applicable)
— Completion of follow-up testing
Service Agent acting
on behalf of Current
Employer of CDL
Driver
— An alcohol confirmation test with a concentration of 0.04 or higher
— Refusal to test (alcohol) as specified in 49 CFR 40.261
— Refusal to test (drug) not requiring a determination by the MRO as specified in 49 CFR
40.191
— Actual knowledge, as defined in 49 CFR 382.107, that a driver has used alcohol on duty, used
alcohol within four hours of coming on duty, used alcohol prior to post-accident testing, or has used a
controlled substance.
— Negative return-to-duty test results (drug and alcohol testing, as applicable)
— Completion of follow-up testing
MRO
— Verified positive, adulterated, or substituted drug test result
— Refusal to test (drug) requiring a determination by the MRO as specified in 49 CFR 40.191
SAP
— Identification of driver and date the initial assessment was initiated
— Successful completion of treatment and/or education and the determination of eligibility for
return-to-duty testing
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DRIVERS’ ACCESS TO INFORMATION IN THE CLEARINGHOUSE 382.709
A driver may review information in the Clearinghouse about himself or herself, except as otherwise restricted by
law or regulation. A driver must register with the Clearinghouse before accessing his or her information.
CLEARINGHOUSE REGISTRATION 382.711
(a) Clearinghouse registration required. Each employer and service agent must register with the Clearinghouse
before accessing or reporting information in the Clearinghouse.
(b) Employers.
(1) Employer Clearinghouse registration must include:
(i) Name, address, and telephone number;
(ii) USDOT number, except if the registrant does not have a USDOT Number, it may be
requested to provide other information to verify identity; and
(iii) Name of the person(s) the employer authorizes to report information to or obtain information
from the Clearinghouse and any additional information FMCSA needs to validate his or her
identity.
(2) Employers must verify the names of the person(s) authorized under paragraph (b)(1)(iii) of this
section annually.
(3) Identification of the C/TPA or other service agent used to comply with the requirements of this part, if
applicable, and authorization for the C/TPA to query or report information to the Clearinghouse.
Employers must update any changes to this information within 10 days.
(c) MROs and SAPs. Each MRO or SAP must provide the following to apply for Clearinghouse registration:
(1) Name, address, telephone number, and any additional information FMCSA needs to validate the
applicant’s identity;
(2) A certification that the applicant’s access to the Clearinghouse is conditioned on his or her compliance
with the applicable qualification and/or training requirements in 49 CFR part 40; and
(3) Evidence of required professional credentials to verify that the applicant currently meets the
applicable qualification and/or training requirements in 49 CFR part 40.
(d) C/TPAs and other service agents. Each consortium/third party administrator or other service agent must
provide the following to apply for Clearinghouse registration:
(1) Name, address, telephone number, and any additional information FMCSA needs to validate the
applicant’s identity; and
(2) Name, title, and telephone number of the person(s) authorized to report information to and obtain
information from the Clearinghouse.
(3) Each C/TPA or other service agent must verify the names of the person(s) authorized under paragraph
(d)(2) of 382.711 annually.
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DURATION, CANCELLATION, AND REVOCATION OF ACCESS 382.713
(a) Term. Clearinghouse registration is valid for 5 years, unless cancelled or revoked.
(b) Cancellation. FMCSA will cancel Clearinghouse registrations for anyone who has not queried or reported to
the Clearinghouse for 2 years.
(c) Revocation. FMCSA has the right to revoke the Clearinghouse registration of anyone who fails to comply with
any of the prescribed rights and restrictions on access to the Clearinghouse, including but not limited to, submission
of inaccurate or false information and misuse or misappropriation of access rights or protected information from
the Clearinghouse and failure to maintain the requisite qualifications, certifications and/or training requirements as
set forth in part 40 of this title.
AUTHORIZATION TO ENTER INFORMATION INTO THE CLEARINGHOUSE 382.717
(a) C/TPAs. No C/TPA or other service agent may enter information into the Clearinghouse on an employer’s behalf
unless the employer designates the C/TPA or other service agent.
(b) SAPs. A driver must designate a SAP before that SAP can enter any information about the driver’s return-to-
duty process into the Clearinghouse.
PROCEDURES FOR CORRECTING INFORMATION IN THE DATABASE 382.17
(a) Petitions limited to inaccurately reported information.
(1) Under this section, petitioners may challenge only the accuracy of information reporting, not the
accuracy of test results or refusals.
(2) Exceptions.
(i) Petitioners may request that FMCSA remove from the Clearinghouse an employer’s report of
actual knowledge that the driver received a traffic citation for driving a commercial motor vehicle
while under the influence of alcohol or controlled substances if the citation did not result in a
conviction. For the purposes of this section, conviction has the same meaning as used in 49 CFR
part 383.
(ii) Petitioners may request that FMCSA remove from the Clearinghouse an employer’s report of
actual knowledge (other than as provided for in paragraph (a)(2)(i) of this section) if that report
does not comply with the reporting requirements in § 382.705(b)(5).
(iii) Petitioners may request that FMCSA remove from the Clearinghouse an employer’s report of
a violation under 49 CFR 40.261(a)(1) or 40.191(a)(1) if that report does not comply with the
reporting requirements in § 382.705(b)(3).
(b) Petition. Any driver or authorized representative of the driver may submit a petition to the FMCSA contesting
the accuracy of information in the Clearinghouse. The petition must include:
(1) The petitioner’s name, address, telephone number, and CDL number and State of issuance;
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(2) Detailed description of the basis for the allegation that the information is not accurate; and
(3) Evidence supporting the allegation that the information is not accurate. Failure to submit evidence is
cause for dismissing the petition.
(c) Submission of petition. The petitioner may submit his/her petition electronically through the Clearinghouse or
in writing to: Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance, Attention: Drug
and Alcohol Program Manager, 1200 New Jersey Avenue SE, Washington, D.C. 20590.
(d) Notice of decision. Within 45 days of receiving a complete petition, FMCSA will inform the driver in writing
of its decision to remove, retain, or correct the information in the database and provide the basis for the decision.
(e) Request for expedited treatment.
(1) A driver may request expedited treatment to correct inaccurate information in his or her Clearinghouse
record under paragraph (a)(1) of this section if the inaccuracy is currently preventing him or her from
performing safety-sensitive functions, or to remove employer reports under paragraph (a)(2) of this section
if such reports are currently preventing him or her from performing safety- sensitive functions. This request
may be included in the original petition or as a separate document.
(2) If FMCSA grants expedited treatment, it will subsequently inform the driver of its decision in writing
within 14 days of receipt of a complete petition.
(f) Administrative review.
(1) A driver may request FMCSA to conduct an administrative review if he or she believes that a decision
made in accordance with paragraph (d) or (e) of this section was in error.
(2) The request must prominently state at the top of the document: “Administrative Review of Drug and
Alcohol Clearinghouse Decision” and the driver may submit his/her request electronically through the
Clearinghouse or in writing to the Associate Administrator for Enforcement (MC-E), Federal Motor Carrier
Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590.
(3) The driver’s request must explain the error he or she believes FMCSA committed and provide
information and/or documents to support his or her argument.
(4) FMCSA will complete its administrative review no later than 30 days after receiving the driver’s request
for review. The Associate Administrator’s decision will constitute the final Agency action.
(g) Subsequent notification to employers. When information is corrected or removed in accordance with this section,
or in accordance with 49 CFR part 10, FMCSA will notify any employer that accessed the incorrect information
that a correction or removal was made.
AVAILABILITY AND REMOVAL OF INFORMATION 382.719
(a) Driver information not available. Information about a driver’s drug or alcohol violation will not be available to
an employer conducting a query of the Clearinghouse after all of the following conditions relating to the violation
are satisfied:
(1) The SAP reports to the Clearinghouse the information required in § 382.705(d);
(2) The employer reports to the Clearinghouse that the driver’s return-to-duty test results are negative;
172
(3) The driver’s current employer reports that the driver has successfully completed all follow-up tests as
prescribed in the SAP report in accordance with §§ 40.307, 40.309, and 40.311 of this title; and
(4) Five years have passed since the date of the violation determination.
(b) Driver information remains available. Information about a particular driver’s drug or alcohol violation will
remain available to employers conducting a query until all requirements in paragraph (a) of this section have been
met.
(c) Exceptions.
(1) Within 2 business days of granting a request for removal pursuant to § 382.717(a)(2)(i), FMCSA will
remove information from the Clearinghouse.
(2) Information about a particular driver’s drug or alcohol violation may be removed in accordance with §
382.717(a)(2)(ii) and (iii) or in accordance with 49 CFR part 10.
(d) Driver information remains available. Nothing in this part shall prevent FMCSA from using information
removed under this section for research, auditing, or enforcement purposes.
FEES 382.721
FMCSA may collect a reasonable fee from entities required to query the Clearinghouse. Exception: No driver may
be required to pay a fee to access his or her own information in the Clearinghouse.
UNAUTHORIZED ACCESS OR USE PROHIBITED 382.723
(a) Except as expressly authorized in this subpart, no person or entity may access the Clearinghouse. No person or
entity may share, distribute, publish, or otherwise release any information in the Clearinghouse except as
specifically authorized by law. No person may report inaccurate or misleading information to the Clearinghouse.
(b) An employer’s use of information received from the Clearinghouse is limited to determining whether a
prohibition applies to a driver performing a safety-sensitive function with respect to a commercial motor vehicle.
No employer may divulge or permit any other person or entity to divulge any information from the Clearinghouse
to any person or entity not directly involved in determining whether a prohibition applies to a driver performing a
safety-sensitive function with respect to a commercial motor vehicle.
c) Violations of this section are subject to civil and criminal penalties in accordance with applicable law, including
those set forth at § 382.507.
(d) Nothing in this part shall prohibit FMCSA from accessing information about individual drivers in the
Clearinghouse for research, auditing, or enforcement purposes.
ACCESS BY STATE LICENSING AUTHORITIES 382.725
(a) In order to determine whether a driver is qualified to operate a commercial motor vehicle, the chief commercial
driver’s licensing official of a State must obtain the driver’s record from the Clearinghouse if the driver has applied
for a commercial driver’s license from that State.
173
(b) By applying for a commercial driver’s license, a driver is deemed to have consented to the release of information
from the Clearinghouse in accordance with this section.
(c) The chief commercial driver’s licensing official’s use of information received from the Clearinghouse is limited
to determining an individual’s qualifications to operate a commercial motor vehicle. No chief driver’s licensing
official may divulge or permit any other person or entity to divulge any information from the Clearinghouse to any
person or entity not directly involved in determining an individual’s qualifications to operate a commercial motor
vehicle.
(d) A chief commercial driver’s licensing official who does not take appropriate safeguards to protect the privacy
and confidentiality of information obtained under this section is subject to revocation of his or her right of access
under this section.
PENALTIES 382.727
An employer, employee, MRO, or service agent who violates any provision of this subpart shall be subject to the
civil and/or criminal penalty provisions of 49 U.S.C. 521(b)(2)(C).
INVESTIGATION AND INQUIRIES 391.23
(e) (4) As of January 6, 2023, employers subject to § 382.701(a) of § 382 must use the Drug and Alcohol
Clearinghouse to comply with the requirements of this section with respect to FMCSA-regulated employers.
(i) Exceptions.
(A) If an applicant who is subject to follow-up testing has not successfully completed all
follow-up tests, the employer must request the applicant’s follow-up testing plan directly
from the previous employer in accordance with § 40.25(b)(5) of Part 40.
(B) If an applicant was subject to an alcohol and controlled substance testing program
under the requirements of a DOT mode other than FMCSA, the employer must request
alcohol and controlled substances information required under this section directly from
those employers regulated by a DOT mode other than FMCSA.
(ii) [Reserved]
(f) (1) A prospective motor carrier employer must provide to the previous employer the driver's consent meeting
the requirements of § 40.321(b) of Part 40 for the release of the information in paragraph (e) of 391.23. If the driver
refuses to provide this consent, the prospective motor carrier employer must not permit the driver to operate a
commercial motor vehicle for that motor carrier.
(2) If a driver refuses to grant consent for the prospective motor carrier employer to query the Drug and Alcohol
Clearinghouse in accordance with paragraph (e)(4) of 391.23, the prospective motor carrier employer must not
permit the driver to operate a commercial motor vehicle.
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Attachment A
The Borough of Waldwick
Commercial Motor Vehicle Driver's
Certificate of Compliance with DOT Cell-Phone/Texting Bans
MOTOR CARRIERS: The restrictions in 49 CFR Part 392 on using a mobile telephone
or texting while driving apply to every operator of a "commercial motor vehicle" as
defined in Section 390.5, including interstate vehicles weighing or rated at 10,001 pounds
or more, vehicles placarded for hazardous materials, and certain vehicles designed or used
for more than 8 passengers (including the driver). In-state operations of vehicles placarded
for hazardous materials are also subject to the restrictions. Other in-state-only operations
may also be subject, depending on state rules.
DRIVERS: Part 392 of the Federal Motor Carrier Safety Regulations contains restrictions
on texting and the use of hand-held mobile telephones while driving a commercial motor
vehicle (CMV), including the following:
Texting ban (392.80): You may not manually enter text into or read text from an electronic
device while driving a CMV. This includes e-mailing, text messaging, using the internet,
pressing more than one button to start or end a phone call, or any other form of text retrieval
or entry for communication purposes.
Hand-held cell-phone ban (392.82): You are prohibited from using a hand-held cell phone
while driving a CMV. This includes talking on a phone while holding it in your hand
(including push-to-talk), pressing more than a single button to dial or answer a cell phone, or
leaving your normal, seated driving position to reach for a cell phone.
Except as prohibited under Borough policy, you are allowed to use a hands-free phone, a
CB radio, a navigation system, a two-way radio, a music player, or a fleet management
system for purposes other than texting. Texting and hand-held cell-phone use are only
allowed if you need to contact emergency services or if you have stopped in a safe location
off the road.
Penalties (383.51, 391.15, 49 CFR 386): CDL and non-CDL drivers can be disqualified
for 60 up to 120 days and/or face fines of up to $2,750 for each violation. The Borough can
be fined up to $11,000 for each violation.
It is understood that the above information is being provided to the employee in an
effort by the Borough of Waldwick to show good faith efforts to achieve compliance
with the above-cited regulations. (49 CFR § 386.81)
175
Acknowledgement of
Receipt of Personnel Policies Manual
I acknowledge that I have received a copy of the Borough of Waldwick Personnel Policies Manual
(hereafter “Manual”). I understand that it is my responsibility to read it thoroughly and familiarize myself
with its policies and procedures. If there is any policy or procedure in the Manual that I do not understand,
I will seek clarification from my Department Head or the Borough Administrator.
I understand that my employment with the Borough is an “at will” and that consistent with applicable
Federal and State law as well as applicable bargaining unit agreements, my employment with the Borough
is not for a fixed term or definite period and may be terminated at the will of either me or the Borough,
with or without cause, and without prior notice.
No supervisor or other representative of the Borough has the authority to enter into any agreement for
employment for any specified period of time, or to make any agreement contrary to the above.
I understand that this Manual provides the Borough’s personnel policies in effect on the date of
publication. I understand that nothing contained in the Manual may be construed as creating a promise of
future benefits or a binding contract with the Borough for benefits or for any other purpose. I also
understand that these policies are continually evaluated and may be amended, modified or terminated at
any time.
Please sign and date this receipt and return it to your Department Head.
Date:
Signature:
Print Name:
Department:
176
--- Document: Policy Addressing the Protection & Safe Treatment of Minors ---
Borough of Waldwick
Policy Addressing the Protection and Safe Treatment
of Minors and Frequently Asked Questions
Adopted November 23, 2021
ii
Policy Addressing the Protection and Safe Treatment of Minors
Table of Contents
Section I
Purpose and Scope
Page 1
Section II
Definitions
Page 4
Section III
Statement of Policy
Page 5
Section IV
Recruitment and Hiring of Employees and Vetting of
Volunteers
Page 5
Section V
Procedures and Responsibilities of Officials
Page 7
Section VI
Program Procedures
Page 8
Section VII
Specific Program Procedures
Page 8
Section VIII
Procedures for Class 3 Law Enforcement Officers
Page 10
Section IX
Training Requirements
Page 11
Section X
Reporting Suspected Child Abuse/Neglect
Page 13
Section XI
Important Information Regarding Reporting Suspected
Abuse Under New Jersey Law
Page 14
Section XII
Acknowledgment and Receipt and Review of Policy
Page 15
Appendix A
Indicators of Child Abuse and Neglect
Page 16
Appendix B
Recognizing “Grooming” Behavior
Page 18
Appendix C
Frequently Asked Questions
Page 19
Appendix D
List of Qualified Vendors for Background Checks
Page 25
iii
ACKNOWLEDGMENT OF RECEIPT OF
BOROUGH OF WALDWICK POLICY ADDRESSING THE
PROTECTION AND SAFE TREATMENT OF MINORS
Employee's Name:
Department:
I acknowledge receipt of this Policy Addressing the Protection and Safe Treatment of Minors on
_____________, 20___. I have read and understand this Policy. If there is any provision in the
Policy that I do not understand, I will seek clarification from the Borough Administrator or the
Borough Attorney.
______________________________________
____________________
[Signature of Employee]
Date
1
I.
Purpose and Scope
Under New Jersey law, N.J.S.A. § 9:6-8.21, an abused or neglected child is anyone “under
the age of 18 who is caused harm by a parent, guardian or other person having custody or
control of that minor.” A child who is under the age of eighteen (18) is considered abused or
neglected when a parent, caregiver, another child or another adult does one of more of the
following:
1. Inflicts or allows to be inflicted physical injury by other than accidental means that
creates substantial harm or risk of substantial harm, and/or
2. Fails to provide proper supervision or adequate food, clothing, shelter, education or
medical care although financially able or assisted to do so, and/or
3. Commits or allows to be committed an act of sexual abuse against a child.
Child abuse can have long-term effects on victims. A lack of trust and difficulty with healthy
relationships is common, as is a core feeling of worthlessness and low self-esteem. There
may even be long-term trouble with regulating emotions that can lead to destructive
behaviors.
There are typically four common types of abuse:
The failure to meet a child’s basic needs, physically or emotionally, which is called
neglect.
The intentional use of physical force that results in injury, which is called physical abuse.
The practice of any behaviors that harm a child’s feelings of self-worth or emotional
well-being, which is emotional abuse.
Engaging in sexual acts with a child including pornography, which is sexual abuse.
Unfortunately, statistics reflect that abuse is all too common in any form.
In New Jersey, abuse reports involving 80,000 children are filed each year; 50,000 of
those children receive prevention and post-response services.
75% of the cases involve neglect, 18% of the cases involve physical abuse, and 7% of the
cases involve psychological abuse.
55% of the perpetrators are female, while 45% of the perpetrators are male.
Sadly, child abuse is a vicious cycle; 30% of abused children will abuse their own
children.
The statistics and characteristics pertaining to sexual abuse are sobering and equally as
disheartening:
“Peer-to-Peer” abuse is by far the most common, where one or more children or
adolescent(s) sexually abuses or inappropriately touches another. Legally, the abuser
must be at least 4 years older to trigger the statute. The American Psychological
Association reports this type of abuse is driven by power and dominance, the same
2
factors that drive bullying within this age group. In fact, bullying can be a precursor to
sexual abuse, especially when there is a lack of supervision.
In contrast, “adult-to-child” abuse is typically thought out and planned, demanding
access, privacy and control. These three factors demand a specific relationship and
setting; 90% of juvenile sexual abuse victims know their abuser. The scope of the
problem is massive: by the age of 18, 1 in 4 girls and 1 in 6 boys have experienced sexual
abuse. From those figures, 88% of those molestations are attributed to individuals with
pedophilia. Pedophilia is a psychotic disorder in which an adult or adolescent
demonstrates a primary sexual attraction to prepubescent children. It is important,
however, not to confuse pedophilia with actual child molestation, as many pedophiles
never act on their attractions.
Child sexual abusers are not always easy to identify. Though seven (7) out of eight (8)
molesters are male, their ethnicity, religion, education, and marital status match the
general population. There is no stereotype, especially because abusers go to great lengths
to blend in. Only 10% of molesters abuse children they do not know and 68% look to
their own families for victims.
40% of abusers begin molesting children before they themselves reach the age of 15, and
the vast majority before the age of 20.
Adolescent abusers generally begin their acts of abuse on younger siblings.
Most sexual abuse occurs within the family. Molesters, however, can gain access to
children outside of their own families through employment or volunteer work with an
organization that works primarily with children. This allows time alone with potential
victims and the ability to build trust and credibility. In fact, child abusers are often
known and respected in their communities for dedication to children.
In terms of a victim profile, it is important to remember that, although there are
characteristics that make some children more vulnerable, every child is in danger.
Abusers may target passive, lonely or troubled children, especially those who live with
stepparents or single parents. Children between the ages of seven (7) and thirteen (13)
years old are most at risk, and children from low socioeconomic backgrounds or rural
areas are more likely to be victimized.
Molesters engage in behavioral patterns that include “grooming” their victims. Sexual
abuse is rarely violent. The molester solicits compliance by winning the victim’s trust.
The abuser may use pet names, give gifts to foster exclusivity and encourage secrets with
the victim. The molester might spend time with the victim outside of the regular program
or schedule, contact parents to become involved in the child’s life in some capacity, such
as babysitting. For this reason, many parents are shocked when abuse comes to light
simply because the abuser seemed trustworthy. Inevitably, the favoritism is not enough
to keep the victim silent any longer, and the abuser resorts to threats—threats that play
off a child’s guilt over the sexual contact.
3
During the grooming process and abuse, victims often show signs such as sexual
behaviors or the use of strong sexual language that is too adult for their age. Many
children feel at fault after the abuse and suffer guilt and depression, even resorting to self-
harm. They may display cuts, scratches or other self-inflicted injuries. Some children,
however, are naïve and unaware of the gravity of the abusive nature of their experience.
Research shows that children often delay reporting sexual abuse. They should not be
disbelieved because they waited a long time to seek help.
In the State of New Jersey, every level of government has a role in protecting minors.
At the State level:
o
State law is enforced through the NJ Family Division of the State court system. The
court has broad powers including the ability to remove children from dangerous
situations.
o
The Department of Children and Families, specifically the Division of Child
Protection and Permanency, combines all state operations intended to safeguard
children into a single, coordinated program working closely with the Courts, legal
advocates and law enforcement.
o
The Department of Corrections operates adult prisons and youth correctional centers
to manage perpetrators, while individual counties operate youth detention centers and
special purpose schools.
At the local level:
o
Educational professionals have significant contact with children; they are often the
first to detect issues.
o
Housing Authority employees may also frequently have contact with children.
o
Municipalities and counties operate or sponsor a variety of programs involving
children including but not limited to:
Recreation programs
Before and After Care programs
Youth sports leagues
Youth centers
Youth in Government programs
Junior law enforcement training programs
o
The role of police and law enforcement agencies is especially important. Police
officers assist in resolving reported situations, often acting as first identifiers. In New
Jersey, police are given broad authority to protect children, including the authority to
remove them from their parents or caregivers without a court order if necessary to
4
prevent imminent danger to a child. Under the Prevention of Domestic Violence Act,
a law enforcement officer must make an arrest when the officer finds “probable
cause” that domestic violence has occurred. An arrest must be made even if the
victim refuses to make a complaint. The Act is invoked in situations where the victim
exhibits signs of injury caused by domestic violence, when a warrant is in effect, or
when there is probable cause to believe that a weapon has been involved in an act of
domestic violence. Abusers often use psychological tactics or coercive control over
their partners, such as making threats to prevent a victim from leaving or contacting
friends, family or police. But even if these conditions are not met, an officer may still
make an arrest or sign a criminal complaint if there is probable cause to believe acts
of domestic violence have been committed. If there is no visible sign of injury but
the victim states that injury occurred, the officer must consider other factors to
determine probable cause.
The Borough is committed to the safety of all individuals in its community. The Borough
has particular concern for those who are potentially vulnerable, including minor children.
The Borough regards the abuse of children as abhorrent in all its forms and pledges to hold
its officials, employees and volunteers to the highest standards of conduct in interacting with
children. Statistics show that 93% of victims under the age of 18 know the abuser. Further,
a perpetrator does not have to be an adult to harm a child but are typically in a caregiver role.
They can have any relationship to the child including a playmate, family member, a teacher,
a coach, or instructor.
The Borough is fully committed to protecting the health, safety and welfare of minors who
interact with officials, employees, and volunteers of the Borough to the maximum extent
possible. This Policy establishes the rules for officials, employees, and volunteers who set
policy for the Borough or may work with or interact with individuals under 18 years of age,
and those who supervise employees, and volunteers who may work with or interact with
individuals under 18 years of age, with the goal of promoting the safety and wellbeing of
minors.
This Policy provides standards that apply broadly to interactions between minors and
officials, employees, and volunteers in programs operated by the Borough or affiliated
programs or activities. All officials, employees, and volunteers are responsible for
understanding and complying with this policy.
II. Definitions
Authorized Adult: Individuals, age 18 and older, paid or unpaid, who interact with,
supervise, chaperone, or otherwise oversee or interact with minors in program activities,
recreational, and/or residential facilities. The Authorized Adults’ roles may include positions
as counselors, chaperones, coaches, instructors, etc.
Child or Minor: A person under the age of eighteen (18).
5
Department Heads: Appointed department heads of the Borough, including the administrator
and any assistants.
Direct Contact: Positions with the possibility of care, supervision, guidance or control of
children or routine interaction with children.
Dual Reporting: Reporting possible abuse to both the NJ Department of Children and
Families and law enforcement at the same time by the individual designated by the Borough
to report all possible cases of abuse.
Employees, Staff, or Counselors: Persons who work full or part-time for the Borough and
are compensated by the Borough.
Facilities: Facilities owned by, under the control of, or rented or leased to the Borough.
Grooming: When someone builds a relationship, trust and emotional connection with a child
or young person so they can manipulate, exploit and abuse them. Refer to Appendix B for
more detailed information on grooming.
NJMEL JIF: New Jersey Municipal Excess Liability Fund Joint Insurance Fund.
Officials: Elected officials of the Borough and appointed Board members.
One-On-One Contact: Personal, unsupervised interaction between any Authorized Adult and
a participant without at least one other Authorized Adult, parent or legal guardian being
present.
Programs: Programs and activities offered or sponsored by the Borough.
Volunteers: Individuals volunteering their time to provide services to the Borough who are
not on the payroll and receive no compensation.
III.
Policy
The Borough is charged with protecting the health, safety, and welfare of all its citizens,
including children under the age of 18. To that end, the Borough is firmly committed to
protecting children under the care and supervision of the Borough from all forms of physical,
mental, sexual and emotional abuse. The Borough is committed to establishing and
implementing safeguards to eliminate opportunities for abuse of children entrusted to the care
of the Borough. The procedures outlined below apply to all Borough officials, employees,
and volunteers.
IV.
Recruitment and Hiring of Employees and Vetting of Volunteers
A. All prospective employees and volunteers will undergo a thorough and complete
background check, including the following:
6
1.
For seasonal part-time employees, whose job responsibilities include interacting
with minors, including but not limited to lifeguards, camp counselors, coaches, and
instructors:
a.
National Database Criminal History Search
b.
National Sex Offender Search
c.
Social Security Trace/Validation
2.
For all other employees, whose job responsibilities include interacting with
minors:
a.
National Database Criminal History Search
b.
National Sex Offender Search
c.
Social Security Trace/Validation
d.
Education Verification
e.
Employment Verification
f.
Credit Check
g.
Motor Vehicle Record
h.
Reference Check
Many local governments hire minor children to work in their summer or seasonal
programs. It may be difficult to obtain any background information for minors. The
Borough will attempt to verify any past employment for minors between 16 and 18 years
of age, with the consent of the parents or guardians.
Recognizing that fingerprint identification checks may not yield results in time for hiring
purposes, the NJMEL assembled a list of qualified vendors for background checks
through an RFQ process, and the five vendors on the list along with their contact
information can be found at the following link on the NJMEL website. A list of the
vendors has also been included in Appendix D.
https://njmel.org/wp-content/uploads/2021/05/RFQ-Results-21-02-background-Check-
Services.pdf
Written documentation of the background check shall be maintained by the Borough in
perpetuity.
B. Background checks that disclose any negative or questionable results must be reviewed
and approved by the Borough prior to the individual being hired and/or working with
minors. Provisional hiring is not permitted.
C. All prospective employees and volunteers must complete the training adopted by the
Borough prior to starting employment or volunteer service. In addition to completing the
training course adopted by the Borough, all volunteer coaches must complete the Rutgers
SAFETY Clinic course (Sports Awareness for Educating Today's Youth ™) which is a
three-hour program that meets the "Minimum Standards for Volunteer Coaches Safety
7
Orientation and Training Skills Programs" under N.J.A.C. §§ 5:52 et seq. and provides
partial civil immunity protection to volunteer coaches under the Little League Law,
N.J.S.A. §§ 2A:62A-6 et seq. The current Rutgers Safety Clinic Course includes a
module on the sexual abuse of minors. If coaches completed the Rutgers course more
than five years ago and it did not have any training on the sexual abuse of minors, the
coaches will be required to watch the video on the MEL website. Documentation
verifying that the coaches watched and understood their responsibilities must be kept to
confirm that the training was completed.
D. The Borough must annually re-check the Megan’s Law directory for New Jersey to make
certain that current employees are not listed and document the re-check.
E. Once employed, Authorized Adults are required to notify the Administrator of an arrest
(charged with a misdemeanor or felony) or conviction for an offense within 72 hours of
knowledge of the arrest or conviction in order to ascertain the fitness of those employees
and volunteers to interact with children.
V. Procedures and Responsibilities of Officials
Under New Jersey law, an official may be held liable for the abuse or neglect of a child if he
or she fails to implement appropriate safeguards to protect the child while the minor has been
entrusted to the Borough’s care. Most importantly, recent changes in the law in New Jersey
extended the statute of limitations for child abuse and neglect cases substantially, placing
local officials and employees at far greater risk.
A valid cause of action can be filed by an alleged victim well after the official has left office.
It is, therefore, critically important for officials to establish and monitor policies and
procedures designed to safeguard minors entrusted to the Borough’s care.
Officials of the Borough are required to:
A. Complete the initial training course adopted by the Borough, and any updated/refresher
course, to better understand their legal duties and responsibilities under Federal and New
Jersey law. The training program will include the following concepts:
1. Recognizing the signs of abuse and neglect of minors.
2. Establishing guidelines for protecting minors from emotional and physical abuse and
neglect.
3. Understanding and being prepared to implement the procedures necessary to
eliminate opportunities for abuse.
4. Becoming familiar with the legal requirements to report suspected cases of abuse.
5. Fully understanding the legal consequences for not being diligent in ensuring
Borough employees adhere to all policies and procedures.
B. Meet annually with all Department Heads to review the “Policy Addressing the
Protection and Safe Treatment of Minors”, and to verify that the administration is
8
adhering to this policy which includes all the following provisions. If the policy is not
being adhered to, it is the legal obligation of the officials of the Borough to implement
the necessary changes as soon as possible to ensure the policy is followed.
C. Conduct random and unannounced visits to program sites to observe the setup of the
programs and conduct of Borough employees and volunteers.
VI.
Program Procedures
All Borough programs operated by, sponsored by, or affiliated with the Borough must
comply with the following procedures. All officials, employees, and volunteers who interact
with or could possibly interact with minors, and those employees who supervise employees
who interact with or could possibly interact with minors, must adhere to the following policy.
VII. Specific Program Procedures
The following policies apply to all programs offered by, sponsored by or affiliated with the
Borough. As an essential element of compliance with the overall objective of protecting and
addressing the safe treatment of minors, the Borough will:
Establish a written procedure for the notification of the minor's parent/legal guardian in
case of an emergency, including medical or behavioral problem, natural disasters, or
other significant program disruptions. Authorized Adults with the program, as well as
participants and their parents/legal guardians, must be advised of this procedure in
writing prior to the minor’s participation in the program. In addition, the Borough will
provide information to parents or legal guardians detailing the way to contact the
participant during the program.
Make certain that all program participants provide a Medical Treatment Authorization
form to the Borough.
The Borough implements the following “Code of Conduct” for employees and
volunteers (“staff members”).
Code of Conduct
Staff members will always respect the rights of program participants and use positive
guidance techniques including positive reinforcement and encouragement.
Staff members will serve as a positive role model for youth by demonstrating respect,
loyalty, patience, courtesy, tact, and maturity.
9
Staff members will not transport children in their own vehicles unless they received
written authorization from the child’s parent or guardian.
Staff members will not be alone with children they meet in the programs outside of the
program. This includes babysitting, sleepovers, and inviting children to their home.
Staff members will always be visible to other staff members while supervising minors.
Any exceptions require a written explanation before the fact and approval of the Program
Director.
Staff members will appear neat, clean, and appropriately attired.
Staff members will refrain from intimate displays of affection towards others in the
presence of children, parents and staff.
Staff members will refrain from texting and posting or checking any social media outlet
while they are working or volunteering. The only exception is texting to communicate
with another staff member or parent regarding a program issue pertaining to a child.
Staff members are prohibited from buying gifts for program participants.
In addition to the Code of Conduct, the Borough requires the following specific program
provisions:
The possession or use of alcohol and other drugs, fireworks, guns and other weapons is
prohibited.
The Borough will set forth rules and procedures governing when and the circumstances
under which participants may leave Borough property during the program.
No violence, including sexual abuse or harassment, will be tolerated.
Hazing of any kind is prohibited. Bullying including verbal, physical, and cyber bullying
are prohibited and will be addressed immediately.
No theft of property will be tolerated.
No use of tobacco products will be tolerated.
Misuse of or damage to Borough property is prohibited. Charges will be assessed against
participants responsible for damage to or misuse of property.
The inappropriate use of cameras, imaging, and digital devices is prohibited including use
of such devices in showers, restrooms, or other areas where participants expect privacy.
10
Under no circumstances are any images of any child taken during any of the activities
conducted or sponsored by the Borough to be shared on any social media platform
without the expressed written consent of a parent or legal guardian.
The Borough will assign a staff member who is at least 21 years of age to be accessible to
participants. Additional Authorized Adults will be assigned to ensure appropriate levels
of supervision and to ensure one-on-one contact with minors does not occur.
Ensure that children are not released to anyone other than the authorized parent, guardian,
or other adult authorized by the parent or guardian (written authorization on file in
advance.)
Develop and make available to participants and their parents or guardians, the rules and
discipline measures applicable to the program. Program participants and staff must abide
by all regulations and may be removed from the program for non-compliance with the
rules.
The recommended ratio of counselors to program participants should reflect the gender
distribution of the participants, and should meet the following staffing levels:
1. One staff member for every six participants ages 4 and 5
2. One staff member for every eight participants ages 6 to 8
3. One staff member for every ten participants ages 9 to 14
4. One staff member for every twelve participants ages 15 to 17
Staff members must, at a minimum, inform program participants about safety and
security procedures, rules established by the program, and behavioral expectations. Staff
members are responsible for following and enforcing all rules and must be able to
provide the information included in this Policy to program participants and be able to
respond to emergencies.
Specific Policy and Procedures for Use of Restrooms by Children/Minors:
All restrooms must be checked in advance by staff persons before minor children enter to
ensure no other individuals are present.
Staff members (of the same sex) are to stand guard at the doorway to ensure no one else
enters the restroom while a child is there. Children should not be permitted enter
restrooms in pairs or in groups, unless it is absolutely necessary.
For field trips, staff members must monitor bathroom use by minor children and shall not
permit a child to enter a restroom alone
VIII.
Procedures for Law Enforcement Officers
11
Law enforcement officers of the Borough frequently interact with minors in a variety of
ways. In addition to the guidance provided by the Attorney General’s office, it is important
to establish guidelines to assist law enforcement officers in being aware of how to act and
react in these circumstances. To that end, the Chief of Police or his or her designee of the
Borough shall formulate a written policy addressing the safe treatment of minors for
consideration and approval by the governing body for law enforcement officers who interact
with minors.
The policy shall, at a minimum, incorporate and address the following:
A. Transporting minors in a police vehicle. Whenever possible, victims or alleged victims
of sexual assault or other crimes, or minors removed from a situation for protective purposes,
shall be transported by two officers (at least one of whom shall be of the same sex as the
victim) in unmarked vehicles that does not have a prisoner compartment/partition. Officers
transporting a minor for whatever reason shall document starting and stopping mileage
through radio contact.
B. Directives issued by the N.J. State Attorney General pertaining to interaction with minors
shall be incorporated into the policy.
The following provisions from the “Code of Conduct” for staff members will be included in
the policy for law enforcement officers assigned to work in school settings (i.e., Class 3
officers):
A. Officers will always respect the rights of students and use positive guidance techniques
including positive reinforcement and encouragement.
B. Officers will serve as a positive role model for youth by demonstrating respect, loyalty,
patience, courtesy, tact, and maturity.
C. Officers will not transport children in their own vehicles. Officers will not arrange to see
students outside of school. This includes babysitting, sleepovers, and inviting children to
their home. Any exceptions require a written explanation before the fact and approval of
the Chief.
D. Officers will appear neat, clean, and appropriately attired.
E. Officers will refrain from intimate displays of affection towards others in the presence of
children, parents and staff. Officers shall not buy gifts for students at any time.
F. All officers are required to complete the initial training course offered by the NJMEL JIF,
and any refresher courses.
IX. Training Requirements
12
Individual training courses have been designed for each of the following categories and all
officials, employees, and volunteers of the Borough are required to complete training (and
refresher course training) adopted by the Borough. All Borough employees will complete the
training course regardless of whether they interact with children/minors. Although training
records will be maintained, each Borough and individual trainees should also keep copies of
their own training records.
A. Elected Officials, Appointed Officials, Department Heads and Supervisors
All elected officials, appointed officials, department heads, and supervisors shall complete
the initial virtual training course offered by the NJMEL, “PROTECTING CHILDREN
FROM ABUSE” and adopted by the Borough, and any updated/refresher course in order to
better understand their legal duties and responsibilities under Federal and N.J. State Law.
The course includes the following:
1. Recognizing the signs of abuse and neglect of minors.
2. Establishing guidelines for protecting minors from emotional and physical abuse and
neglect.
3. Understanding and being prepared to implement the procedures necessary to
eliminate opportunities for abuse.
4. Becoming familiar with the legal requirements to report suspected cases of abuse.
5. Fully understanding the legal consequences for not diligently ensuring Borough
employees adhere to all policies and procedures.
B. Employees and Volunteers
All employees and volunteers (regardless of whether they will be working with children or
not) shall complete training provided by the NJMEL in the form of the “PROTECTING
CHILDREN” video on protecting children on the MEL website and found at:
https://njmel.org/mel-safety-institute/model-policies/protecting-children-videos/
Content of course shall include:
1. Current New Jersey Law pertaining to sexual abuse of minors
2. Recognizing the signs of abuse and neglect
3. Different types of abuse (i.e. Peer to Peer, Adult to Child, etc…)
4. Legal responsibility for implementing and monitoring procedures and employees
5. Reporting cases of abuse
C. Law Enforcement Officers
Content of course shall include:
13
1. Current status of New Jersey law and directives from the Attorney General for law
enforcement personnel
2. Law enforcement responsibilities
3. Officers in schools
4. Reporting Abuse
X. Reporting Suspected Child Abuse/Neglect
Considering the importance and priority of safeguarding the health and safety of minors, it is
critically important that suspected cases of child abuse and neglect are reported as soon as
possible. As a government official, employee or volunteer, you are legally required to
report suspected child abuse.
The following procedures will be used in reporting suspected cases of abuse. The Borough
will also train officials, department heads, employees and volunteers about “dual reporting”
which involves reporting the suspected abuse to local law enforcement in addition to
reporting the abuse to the Department of Children and Families. Reporting suspected abuse
to local law enforcement is critically important in cases where there is the potential for
violence.
Child abuse is difficult to talk about, especially with victims. It is important to provide calm
reassurance and unconditional support. Avoid interrogation and leading questions. Denial
and embarrassment are common reactions. Do not display disbelief, shock, or disgust.
Instead, be reassuring and make sure the child knows that he or she did not do anything
wrong. Reassure him or her that this is not his or her fault and ensure the child knows that
you take it seriously.
Interviewing children to investigate sexual abuse requires highly technical expertise. Do not
“investigate” an abuse situation. Do not interrogate the child. Rather report it
immediately following the procedure below. The investigation will be undertaken by those
who are trained to undertake this critical task. Focus on safety as the priority. If the
possibility of violence against yourself or the child exists, involve the appropriate
professionals or agencies as soon as possible, and report the abuse to local law enforcement.
Under New Jersey law, ANY person having reasonable cause to believe that a child has
been abused, including sexual abuse, or neglected has a legal responsibility to report it
the New Jersey Department of Children and Families.
For ALL elected officials, appointed officials, supervisors, department heads, full or part-
time employees or volunteers:
1. Report the suspected abuse to the New Jersey Department of Children and Families.
Reports of suspected abuse are also to be reported to the Borough Administrator, unless
he/she is the accused. Under such circumstances, reports of suspected abuse are to be
reported to the Borough Attorney in addition to the New Jersey Department of Children
and Families. Please note, reporting suspected abuse to the Borough Administrator or the
14
Borough Attorney does not fulfill the official, employee or volunteer’s legal obligation to
report suspected abuse to the New Jersey Department of Children and Families. Please
be prepared to include the following information to the extent the information has been
told to you.
Who: The child and parent/caregiver’s name, age and address and the name of the
alleged perpetrator and that person’s relationship to the child.
What: Type and frequency of alleged abuse/neglect, current or previous injuries
to the child and the cause of the concern.
When: When the alleged abuse/neglect occurred and when you learned of it.
Where: Where the incident occurred, where the child is now and whether the
alleged perpetrator has access to the child.
How: How urgent the need is for intervention and whether there is a likelihood of
imminent danger for the child.
2. After documenting the information surrounding the alleged abuse, the employee or
volunteer must immediately call the Hotline established by the NJ Department of
Children and Families at 1-877-NJ ABUSE (652-2873). They are available and will
respond 24 hours a day, 7 days a week. If a child is in immediate danger, the
employee or volunteer must call 911. It is not the Borough Administrator,
Borough Attorney, official, Program Director, supervisor, employee or
volunteer’s role to decide whether a case should be reported. All cases must be
reported.
For Law Enforcement Officers:
Immediately report any suspected or alleged cases of abuse or neglect to the New Jersey
Department of Children and Family Services and the County Prosecutor.
XI.
Important Information Regarding Reporting Suspected Abuse Under New Jersey Law
The following guidelines have been established under New Jersey law, for those reporting
suspected or alleged cases of abuse or neglect.
A. ANY person having reasonable cause to believe that a child has been abused, including
sexual abuse, or neglected has a legal responsibility to report it Department of Children
and Families at 1-877-NJ ABUSE (652-2873). Calls can be placed to the hotline
anonymously.
B. Any person who, in good faith, reports child abuse or neglect or testifies in a child abuse
hearing resulting from such a report is immune from any criminal or civil liability
because of such action.
C. Any person who knowingly fails to report suspected abuse or neglect according to the
law or to comply with the provisions of the law is a disorderly person and subject to a
fine of up to $1,000 or up to six months imprisonment, or both.
15
D. When a report indicates that a child may be at risk, an investigator from the Division
of Child Protection and Permanency (formerly Youth and Family Services) will promptly
investigate the allegations of child abuse and neglect within 24 hours of receipt of the
report.
XII. Acknowledgement of Receipt and Review of Policy
All officials, employees and volunteers will sign and date an acknowledgement form that
confirms they have received and reviewed the Policy Addressing the Protection and Safe
Treatment of Minors, issued to them by the Borough. The same process will be used for any
revised policy issued in the future.
16
Appendix A: Indicators of Child Abuse/Neglect
The New Jersey Department of Children and Families issued the following guidelines to assist in
recognizing the indicators of child abuse/neglect.
Different types of abuse and neglect have different physical and behavioral indicators.
Physical Abuse
Physical Indicators
Behavioral Indicators
Unexplained bruises and welts:
On face, lips, mouth
On torso, back, buttocks, thighs
In various stages of healing
Cluster, forming regular patterns
Reflecting shape of article used to inflict
(electric cord, belt buckle)
On several different surface areas
Regularly appear after absence, weekend or
vacation
Unexplained burns:
Cigar, cigarette burns, especially on soles,
palms, back or buttocks
Immersion burns (sock-like, glove-like
doughnut shaped on buttocks or genitalia)
Patterned like electric burner, iron, etc.
Rope burns on arms, legs, neck or torso
Unexplained fractures:
To skull, nose, facial structure
In various stages of healing
Multiple or spiral fractures
Unexplained laceration or abrasions:
To mouth, lips, gums, eyes
To external genitalia
Wary of adult contacts
Apprehensive when other children cry
Behavioral extremes:
Aggressiveness
Withdrawal
Frightened of parents
Afraid to go home
Reports injury by parents
17
Physical Neglect
Physical Indicators
Behavioral Indicators
Consistent hunger, poor hygiene, inappropriate
dress
Consistent lack of supervision, especially in
dangerous activities or long periods
Constant fatigue or listlessness
Unattended physical problems or medical needs
Abandonment
Begging, stealing food
Extended stays at school (early arrival
and late departure)
Constantly falling asleep in class
Alcohol or drug abuse
Delinquency (e.g. thefts)
States there is no caregiver
Sexual Abuse
Physical Indicators
Behavioral Indicators
Difficulty walking or sitting
Torn, stained or bloody underclothing
Pain or itching in genital area
Bruises or bleeding in external genitalia, vaginal
or anal areas
Venereal disease, especially in pre-teens
Pregnancy
Unwilling to change for gym or
participate in PE
Withdrawn, fantasy or infantile behavior
Bizarre, sophisticated or unusual sexual
behavior or knowledge
Poor peer relationships
Delinquent or run away
Reports sexual assault by caregiver
Emotional Maltreatment
Physical Indicators
Behavioral Indicators
Habit disorders (sucking, biting, rocking, etc.)
Conduct disorders (antisocial, destructive, etc.)
Neurotic traits (sleep disorders, speech disorders,
inhibition of play)
Behavior extremes:
Compliant, passive
Aggressive, demanding
Overly adoptive behavior:
Inappropriately adult
Inappropriately infant
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Appendix B – Grooming Behavior
Grooming is when someone builds a relationship, trust and emotional connection with a child or
young person so they can manipulate, exploit and abuse them.
Here are some common characteristics of someone attempting to “groom” a child.
Molesters often refer to their intended victims by pet names, use gifts to foster exclusivity
and build a relationship that includes keeping secrets.
The molester may spend time with the victim outside of the regular program or schedule,
contacting parents to become involved in a child’s life in some capacity, like babysitting.
For this reason, many parents are shocked after learning about abuse simply because the
abuser seemed so good–too good to be true, in fact.
Inevitably, when favoritism is not enough to keep the victim, the abuser resorts to threats that
play off of a child’s guilt over the sexual contact.
During the grooming process and abuse itself, victims often show tell-tale signs including:
o
Sexual behaviors or strong sexual language that is too adult for their age.
o
Many children feel at fault after the abuse and begin to suffer guilt and depression, even
resorting to self-harm.
o
Also look for cuts and scratches or other self-inflicted injuries.
19
Appendix C – Frequently Asked Questions Concerning the Model Policy
1. Is the Model Policy for the Protection and Safe Treatment of Minors mandatory ?
Yes, the policy is mandatory for all NJMEL members.
2.
Can the Model Policy be modified ?
The model policy is a guide that includes recommended “best practices” based on
research conducted by the Safety Director’s office, in consultation with the NJMEL
attorney and other experts, including a noted Child Psychologist. The form and content
of the policy may be modified, so long as it is approved by legal counsel. The model
policy includes certain elements that should not be modified or deleted. Before making
any significant modifications or deleting any portions of the policy, it is recommended
that officials consult with and seek an opinion from their local attorney.
3. Are background checks mandatory for minors ?
It may be difficult to obtain any background information for minors. For minors between
the ages of 16 to 18 who will be working with children, we recommend acquiring as
much background information, including a check of all work references, if any, and a
copy of their driver’s license.
4. The model policy specifically mentions a “fingerprint” background check. Is that the
only acceptable method ?
No. Municipalities and counties may also conduct a background check themselves or
through a third-party agency, as long as that background check includes a criminal
history check of all 50 states, a review of the applicant’s motor vehicle history, a check of
Megan’s law directory for NJ and other states where the applicant or volunteer has lived,
and a credit check. (See pages 5-6). The NJMEL put together a list of qualified vendors,
which can be found in Appendix D.
5.
Why is a credit check recommended ?
A credit check is recommended because credit check results include a listing of the
applicant’s known addresses for at least the past 20 years. This information is of value in
the following ways:
a.
If a job application required a listing of all known addresses for the past 20
years, and an applicant failed to disclose that information, a prospective public employer
would be justifiably concerned about the applicant’s honesty and would have immediate
grounds to disqualify the applicant.
20
b.
For individuals working with children in a paid or volunteer capacity, the
out-of-state addresses on the credit check would provide a basis to check Megan’s Law
websites for the other states.
Please note that credit checks and background checks should comply with the New
Jersey Fair Credit Reporting Act and in accordance with the guidance from your legal
counsel.
6. Do we have to conduct background checks on volunteers ?
The recommended “best practice” is to treat volunteers who work with children the same
way as prospective paid employees are treated for background checks. Unfortunately,
there are many claims in which volunteers have been accused of sexually molesting
minors. However, appointed board members, such as Planning and Zoning board
members, and other similar board members who do not work with children in any
capacity may be considered for exclusion.
7. The model policy states, “background checks that disclose any negative or questionable
results must be reviewed and approved by the (local unit type) prior to the individual
being hired and/or working with minors. Provisional hiring is not permitted. “ What
constitutes “negative or questionable results,” and who makes the final determination on
whether to hire the individual or permit the volunteer to participate ?
a.
Some examples of “questionable results” would be:
i. Any results from a criminal history check that do not agree with the
applicant’s statements on their job application, such as arrests or
convictions not listed.
ii. Reference checks with prior employers that do not match the applicant’s
information.
iii. Refusal to allow an employer to check with former employers may be a
“red flag.”
iv. An unexplained “blank space” in an applicant’s employment history.
v. Personal reference checks that reveal negative information about the
applicant.
vi. Any information that proves to be false on the job application.
b.
It is a local decision as far as who decides to hire the individual or permit the
volunteer to participate. In many, if not most municipalities, the public employer’s chief
21
administrative officer is responsible for making that decision or making the final
recommendation to hire someone or accept an individual as a volunteer. However, that is
a local decision. We recommend that local communities establish appropriate guidelines,
standards, and an appeal process with respect to decisions not to hire an individual or
volunteer to participate based on the outcome of a background check.
8. If there is a break in seasonal employment, do the background checks need to be re-run?
Is there an acceptable “break in service time” ?
Many municipalities run background checks every year regardless of whether the
employee has worked there in the past, and that is a “best practice” from the standpoint of
protecting the municipality; however, as far as what the acceptable frequency is for
conducting background checks on seasonal employees, that is a local decision. There is
no absolute time frame in the policy pertaining to a “break in service” for the requirement
of new background checks for seasonal employees because that is a local decision.
9. Do background checks carry over from other entities? For example, if, a school teacher,
teaches a class for the Borough, can we use or assume his/her background check is valid
and satisfies our needs ?
Unless the local government entity has access (i.e., a copy or certification from the other
entity) to the background check, we would be reluctant to recommend acceptance. If a
problem arises in the future concerning an employee, I am not sure that reliance on a
background check from another employer would be a sufficient defense. It would be best
to check with your local attorney on this issue before accepting a background check from
another entity.
10. If a municipality does not have a police or fire department or hold any recreational
activities and does not have any programs that hire children, is this policy still required to
be adopted?
We recommend that the municipality adopt the policy and complete the training.
Unfortunately, municipalities sometimes find themselves named in cases like this by the
plaintiff’s attorneys, even though the municipality has nothing to do with the matter. By
adopting the policy and completing the training, you will be able to provide
documentation of that as part of any defense.
11. Who is required to take the training ?
All municipal officials, employees, and volunteers are required to take the training.
22
1.
Elected officials, managers, administrators, supervisors, and department
heads must complete the Virtual Instructor-Led training. The course is
available through the NJMEL Learning Management System, and classes
are scheduled periodically. Please note: Elected and appointed officials,
supervisors, and department heads who already attended the course
offered by the NJMEL at the NJSLOM conference in November of 2019 or
any of the webinar sessions conducted by the Safety Director’s office or
Risk Managers up to now have already complied with this MEL
requirement.
2.
Police superior officers will receive training as part of their annual or
semi-annual training provided by the Safety Director’s Law Enforcement
Risk Control Unit.
3.
All other employees and volunteers, regardless of whether they work with
children or not, must view the 20-minute video available through the MEL
MSI Learning Management System. Please make sure you register to
view the video to document your training.
12. How often is “refresher training” expected ?
For existing employees, we recommend refresher training every two years. New
employees should receive training before they begin work.
13. Should every volunteer or employee sign off on the entire policy ?
All Employees and volunteers should be required to read the entire policy and, at a
minimum, sign off on the Code of Conduct.
14. Our municipality does not operate any recreational sports leagues. Other outside
organizations are fully responsible for the leagues; however, the sports leagues are
conducted on our fields and facilities. Is our municipality still accountable for any claims
that arise ?
Even if your municipality does not directly operate recreational leagues, if the activity
occurs on fields or facilities owned by the municipality, it is more likely than not that the
municipality may be brought into any litigation or claim. For that reason, the
recommended “best practice” is for municipalities to draft and enter into written
agreements annually with the organizations who are operating the leagues that set forth
the following at a minimum:
23
i)
Insurance requirements, including a copy of a Certificate of Insurance for the
organization naming the municipality as an additional insured and including a
“hold harmless” clause.
ii) A certification by the organization that they have read the Model Policy and
will adhere to conduct requirements, including mandatory background checks
for all coaches and volunteers involved in the program. Completing the
Rutgers Safety Course (or acceptable equivalent course) by all coaches,
viewing the MEL Protecting Minors video, and adherence to a “Code of
Conduct” for all coaches and parents.
iii) The permitted dates and hours of use for the facilities and a requirement that
the organization will keep the fields clean and safe for use.
A Model agreement is available on the NJMEL website.
15. Our Lifeguards have separate male and female locker/shower rooms, but the
locker/showers do not have stalls for privacy. We have employees aging from 16 to 70
years old. What protocols would you recommend that the municipality implement to
protect the minors while in the locker/shower rooms? The MEL’s model policy speaks to
the procedures for the use of restrooms used by minors. Should we follow the same
procedure as the locker rooms?
It is essential to make sure that the municipality recognizes and implements a policy
addressing the lifeguards who are minors that acknowledges the need to separate them
from the adult-aged Lifeguards. If the municipality follows the Model Policy
recommendations for the use of bathrooms, that should be more than sufficient to protect
the minors working as Lifeguards.
Questions Raised by Library Personnel Concerning How the Policy Impacts Library
Operations
Do the provisions in the Model Policy apply to daily library operations when children are
present ?
Most of the “best practices” in the model policy were written for organized programs
sponsored or conducted by a local governmental unit. All of the provisions would apply,
for example, to programs sponsored by or conducted by the library or third party
individuals in the library. Examples of these types of programs would be story hours,
tours of the library, arts and crafts programs, and educational programs. If parents or
guardians attend any of these programs along with children, and children are not left on
their own, then the library would not be acting “In Loco Parentis” in those situations.
24
However, if children are dropped off for whatever purpose, the library will need to
provide safeguards to eliminate opportunities for abuse, including but not limited to
monitoring bathrooms and making sure that children are not left alone in portions of the
library where they are vulnerable. Appropriate library personnel should be assigned to the
critical task of monitoring these areas.
Also, it is vitally important for the library to follow the hiring guidelines and training
requirements pertaining to employees and volunteers in light of the number of children
who typically use the library.
Can the library request that parents opt out of any photo opportunities and/or social media
exposure for their children instead of asking permission any time the Library wants to do
so ? The Library uses such photos and social media exposure as a way of advertising
their programs.
This would be acceptable as long as the library would be able to document that: (1) parents
and guardians have been made aware of the policy (i.e., have adequate notice) and (2) the
library maintains copies of the “opt-out” documentation (i.e., signed “opt out” forms).
25
Appendix D – List of Qualified Vendors for Background Checks Developed by the NJMEL
Through an RFQ Process June 2021
Found at:
https://njmel.org/wp-content/uploads/2021/05/RFQ-Results-21-02-background-Check-
Services.pdf
Castle Branch, Inc
1844 Sir Tyler Drive
Wilmington, NJ 28405
Phone: 888-723-4263
Email: rfp@castlebranch.com
Adam Safeguard
1187 Washington St.,
Suite # 2
Toms River, NJ 08753
Phone: 732-506-6100
Email: terrih@nsshire.com
Southern Background Services
7 Lattimer St.
Hazelhurst, GA 31359
Phone: 912-205-3113
Email: ddukes@southernbackgrounds.com
TABB Inc.
PO Box 10
555 E. Main St.
Chester, NJ 07930
Phone: 908-879-2038
Email: bbodkin@tabb.net
True View BSI, LLC
25 Newbridge Road
Suite 210
Hicksville, NY 11801
Phone: 516-289-0275
Email: wmanning@trueviewbsi.com
--- Document: Collective Bargaining Agreement - Public Works Employees Association ---
AGREEMENT
between the
BOROUGH OF WALDWICK
and the
WALDWICK PUBLIC WORKS EMPLOYEES ASSOCIATION
for the period beginning
JANUARY 1, 2022
and ending
DECEMBER 31, 2024
TABLE OF CONTENTS
Pages
PREAMBLE
3
ARTICLE Ι
ASSOCIATION RECOGNITION
3
ARTICLE II
EXCLUSIVITY OF ASSOCIATION
REPRESENTATION
3-4
ARTICLE III
COLLECTIVE NEGOTIATING
4
ARTICLE IV
MANAGEMENT
4-5
ARTICLE V
NO STRIKE
5
ARTICLE VI
DATA FOR FUTURE BARGAINING
5
ARTICLE VII
WAGES, WORK DAY, WORK WEEK AND
OVERTIME, ETC.
5-10
ARTICLE VIII
VACATIONS
11-12
ARTICLE IX
HOLIDAYS
12
ARTICLE X
SICK LEAVE
12-13
ARTICLE XI
WORK INCURRED INJURY
13-14
ARTICLE XII
PERSONAL LEAVE
14
ARTICLE XIII
BEREAVEMENT
14-15
ARTICLE XIV
LEAVE OF ABSENCE
15
ARTICLE XV
SALARIES
15
ARTICLE XVI
MEDICAL COVERAGE
16
ARTICLE XVII
INSURANCE
16
ARTICLE XVIII
SENIORITY, LAYOFF, PROMOTIONS, TRAINING
16-17
ARTICLE XIX
MILITARY LEAVE
17
ARTICLE XX
PENSION
17
ARTICLE XXI
GRIEVANCE PROCEDURE
17-18
ARTICLE XXII
ARBITRATION
18-19
ARTICLE XXIII
OTHER MISCELLANEOUS PROVISIONS
19
ARTICLE XXIV
DURATION
19-20
SCHEDULE A
VACATIONS
21
SCHEDULE B
SALARIES
22-23
2
GENERAL AGREEMENT
THIS AGREEMENT, made as of the 14th day of December, 2021 BETWEEN the
BOROUGH OF WALDWICK, a municipal corporation in the County of Bergen and State
of New Jersey hereinafter referred to as the "BOROUGH"; AND THE WALDWICK
PUBLIC WORKS EMPLOYEES ASSOCIATION, hereinafter referred to as the
"ASSOCIATION".
WHEREAS, it is the intent and purpose of the Parties to promote and improve the
harmonious relations between the employer Borough and the Employees of the Department
of Public Works and to establish a basic understanding relative to rates of pay, hours of
work and other conditions of employment consistent with the law and to further promote
and improve Employee efficiency and productivity.
WHEREAS, the parties do hereby acknowledge that this Agreement is the result of
collective negotiations.
NOW, THEREFORE, in consideration of the premises and the covenants, terms and
conditions hereinafter set forth, the parties agree as follows:
1.
2.
ARTICLE I
ASSOCIATION RECOGNITION
The BOROUGH recognizes the ASSOCIATION as the sole and exclusive
representative for the purpose of collective negotiation with respect to all negotiable
items of employment of all employees active and retired, other than the
Superintendent, employed in the Borough's Public Works Department, excluding
professional employees, managerial executives and supervisors within the meaning
of the New Jersey Employer-Employee Relations Act of 1968.
No Employee shall be compelled to join the ASSOCIATION but shall have the
option to voluntarily join said ASSOCIATION.
3.
The term Employee as used herein shall be defined to include the plural as well as
the singular, and to include females as well as males, where applicable.
4.
The BOROUGH agrees to payroll deduction, on a monthly basis, of the dues of
members of the ASSOCIATION. A written list of members of the ASSOCIATION
and the amount to be deducted will be given to the Chief Financial Officer. A check
for the total amount deducted will be sent to the ASSOCIATION on a monthly
basis.
1.
ARTICLE II
EXCLUSIVITY OF ASSOCIATION REPRESENTATION
The BOROUGH agrees that it will not enter into any contract or memorandum of
agreement with anyone but the recognized ASSOCIATION with regard to the
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terms and conditions of employment of personnel covered by the Agreement during
the term hereof. Any new job classifications that fall within the range of work
presently performed by Employees in the bargaining unit shall automatically be
included within the ASSOCIATION'S jurisdiction.
2. The duly authorizing negotiating agent of either the BOROUGH or the
ASSOCIATION is not required to be an Employee of or connected with the
BOROUGH.
ARTICLE ПІ
COLLECTIVE NEGOTIATING
1. Collective negotiation with respect to rates of pay, hours of work or conditions of
employment shall be conducted by the duly authorized bargaining agent of each
of the parties. Ordinarily, not more than three (3) additional representatives of
each party shall participate in collective negotiating meetings.
2. Collective negotiating meetings shall be held at times and places mutually
convenient at the request of either the BOROUGH or the ASSOCIATION and not
otherwise inconsistent with applicable law.
3. Employees of the BOROUGH who may be designated by the ASSOCIATION to
participate in collective negotiating meetings or the grievance procedure
hereinafter provided for or otherwise for the enforcement of the Agreement will
be excused from their BOROUGH work assignments with compensation by the
BOROUGH provided their absence would not seriously interfere with the
BOROUGH'S operations. The ASSOCIATION shall furnish the BOROUGH in
writing the names of its representative and the alternates and notify the
BOROUGH of any changes. Unless impractical, such procedures shall be held
after work hours and shall be non compensatory.
ARTICLE IV
MANAGEMENT
1. Nothing in this Agreement shall interfere with the right of the BOROUGH in
accordance with applicable law, rules and regulations to:
(a) carry out the statutory mandate and goals assigned to a municipality
utilizing personnel, methods and means in the most appropriate and
efficient manner possible;
(b)
(c)
manage Employees of the BOROUGH, including the right to hire,
promote, transfer, assign or retain Employees in positions with the
BOROUGH;
suspend, demote, discharge, or take other appropriate disciplinary action
against an Employee for reasonable cause, or to lay off Employees in the
4
event of lack of work or funds or under conditions where continuation of
such work would be inefficient and non-productive;
(d) maintain the efficiency of the government operations entrusted to the
BOROUGH;
(e)
take whatever actions may be necessary to carry out the responsibilities of
the BOROUGH in situations of emergency.
2. Nothing contained herein shall be construed to deny or restrict the BOROUGH of
its rights, responsibilities, and authority, under N.J.S. Title 11, 40 and 40A, or any
other federal, state, county of applicable laws and regulations.
ARTICLE V
NO STRIKE
1. Neither the ASSOCIATION nor its members shall engage in or participate in,
directly or indirectly, strikes of any kind, slowdowns, job actions, work stoppages,
sit-downs, sick call actions, boycotts or any other form of interference with
BOROUGH operations. In the event of any of the aforesaid, the ASSOCIATION
will use its best efforts to end any of the above, order it stopped and return the
men to work and will immediately post notices and communications to the
members of the ASSOCIATION that the ASSOCIATION does not support such
violation.
2. The BOROUGH shall not engage in any lockout of Employees during the term
hereof.
ARTICLE VI
DATA FOR FUTURE BARGAINING
Each party agrees to make available to each other all relevant data, which is in its
possession and control, is not privileged and which each party may require to bargain
collectively concerning negotiable matters.
ARTICLE VII
WAGES, WORK DAY, WORK WEEK AND OVERTIME, ETC.
1.
(a)
The normal work day shall consist of a 24 hour period starting at 7:00 a.m.
and ending at 7:00 a.m. the following day. The normal day shift hours
shall be from 7:00 a.m. to 3:30 p.m., inclusive of the 45 minute meal
break. 40 hours per week shall be the normal work week in the
Department of Public Works. In the event the BOROUGH should institute
any different work schedule or shifts, which require work on a regular
shift to extend after 3:30 p.m., or start before 7:00 a.m., the parties agree
to reopen negotiations with regard to a wage differential and assignment
of personnel.
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The above starting and quitting time may be reasonably varied for several
operations or in emergency by the BOROUGH. If varied, then the normal
work day will be the 24 hour period starting with the varied starting time.
(b) Employees designated to act as sweeper-operators may be required to
begin their day's work prior to 7:00 a.m., if so assigned by the
Superintendent of the Department of Public Works.
To the extent reasonably possible, overtime assignments shall be evenly
distributed throughout the department.
2.
(a)
(b)
Reasonable notice required: Whenever overtime work is necessary, the
Employee shall be informed as soon as possible; when planned or known
in the morning, the Employee shall be informed prior to lunch hour;
thereafter, when overtime work is unexpectedly required, notice shall
immediately be given to the designated Employee.
(c)
Overtime will begin once an employee has completed forty hours of work
in a given week period beginning at 00:00 hour on Monday to Midnight
on Sunday. An Employee shall be compensated for such overtime work at
the rate of "time and one-half". For purposes of determining the number
of hours worked in a given week, work performed on a holiday (defined as
the date of the traditional observance) will not be counted towards the
forty hours of overtime and will be paid as double time, regardless of the
number of hours worked in a given week. Work performed on holidays
shall be compensated for at the rate of double time plus the day's pay. For
work performed on a holiday, which falls on a weekend, notwithstanding
that such holiday may be celebrated on a weekday, double time shall
apply. For example, if the traditional holiday is on a Sunday, but is
celebrated as a legal holiday on Monday, compensation shall be paid as
follows: For work performed on Sunday, double time shall apply. For
work on Monday, the employee shall be credited with the normal eight
hours regular time as if he did not work plus one hour for each hour
worked towards completing the forty-hour week. If a traditional holiday is
celebrated on a Saturday, but is celebrated as a legal holiday on Friday,
compensation shall be paid as follows: For work performed on Saturday,
double time shall apply. For work on Friday, the employee shall be
credited with the normal eight hours regular time as if he did not work
plus one hour for each hour worked towards completing the forty-hour
week. Employees shall have the option of being paid for eighty hours in
compensatory time off in a calendar year earned as either time and a half
or double time hours. If an employee wishes to exercise this option the
supervisor is to be notified immediately after the overtime is worked so
that time can be recorded properly. The employee in exercising this
option recognizes that this compensatory time cannot be taken between
October 15th and March 15th and that not more than a total of four Public
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3.
Works Repairer's and one Laborer Ican be either on vacation or
compensatory time at the same time. The employer will not instruct any
employee to not report to work from a normal shift solely for the purpose
of preventing an employee from obtaining overtime compensation.
(d)
Snow plow operations may include up to 18 hours of continuous operation
followed by 6 hours of downtime. If, after 18 hours of continuous
operation, the Employee is directed to take a 6-hour downtime and return
to work, the Employee will be compensated for the 6-hour downtime. If,
after 18 hours of continuous operation, the Employee is released from
work and not required to report back after a 6-hour downtime, the
Employee will not be compensated for the downtime unless it is during a
normal day shift hours.
(e)
Court time:
I.
Court time, as referred to in this Article, shall consist of all time,
excluding regular hours of duty, during which any Employee
covered under this Agreement shall be required to attend a
Municipal Court, County Court, Superior Court, Grand Jury
proceeding, or other Courts or Administrative Bodies for reasons
arising out of or related to his municipal work. All such required
court time shall be compensated as set forth below.
A.
When an Employee covered under this Agreement shall be
required to travel to and from any Court or Administrative Body,
such travel time shall be compensated. Provided, however, that
such travel time shall be computed between the Borough of
Waldwick and the pertinent court or administrative body, except
that there shall be no computation or payment compensation for
travel time when the pertinent Court or Administrative Body is
within five (5) miles of the Borough of Waldwick.
B.
The amount of compensation to which an Employee may
be entitled under this Article shall be the actual time required in the
Court or Administrative Body, together with any applicable travel
time to and from the Borough of Waldwick provided, however,
that the Employee's entitlement to compensation under this Article
shall not be less than one hours pay.
II.
In addition, an Employee shall receive necessary time off with full
regular pay for appearances in or attendance at any legal
proceedings if the Employee is required by law to attend the same,
except those cases wherein the Employee is a party.
Stand-by Time: Stand-by time is required of all employees, except those in the
title of Laborer 1 shall be ineligible for stand-by time.
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4.
(a)
Stand-by shall be defined as being available for any emergency, which
may arise over and beyond the Employee's normal day shift.
(b)
A list of those Employees to be assigned to stand-by duty for each week of
the year shall be posted within five (5) days from the date hereof and
thereafter not later than ten (10) days prior to January 1st of each year
until a new Agreement has been negotiated. At least one (1) Employee
shall be so assigned for each week of the year. The BOROUGH may
change such assignments when reasonably necessary due to Employee
termination, hiring, promotion, illnesses or other incapacity.
(c)
In the event a designated Employee is unable, for any reason, to be on
stand-by he shall be given the opportunity to secure a qualified
replacement and shall submit written confirmation of such replacement or
substitution to his immediate superior within a reasonable time prior to the
commencement of such stand-by duty.
(d)
Recall:
Each Employee designated for stand-by duty shall be compensated for
purely stand-by (i.e. on-call) time at a fixed sum of $400.00 during the
life of this contract for the period beginning Friday at the end of his
regular shift and ending the following Friday with the end of his regular
shift. This stand-by pay shall be in addition to the employee's salary for
time worked. It is understood that on each day of the weekend the stand-
by person will be required to perform at a minimum routine oversight of
each of the well house facilities as they have done over the previous
contracts. As such they will receive two and half hours pay each weekend
day. When the comfort stations in Borough Park and Veterans Park are
open this weekend daily compensation will be four hours pay daily.
Any Employee who is called back to work after having completed his normal day
shift shall be compensated with a minimum guarantee of two (2) hours. If any
employee is called back for water shut off, and a request is made for the water to
be turned on within two hours of the initial call, the employee shall only be
compensated for one two hour period at the appropriate rate of compensation.
5.
Longevity: Longevity shall be paid at the rate of 1% of base pay at the beginning
of the 5th year of service and an additional .375% at the beginning of each
additional year of service up to twenty years service and thereafter at 8-1/2%.
Longevity payments shall be made to coincide with regular payments and shall be
subject to retirement system deductions. Employees hired after January 1, 1992
will not be entitled to longevity payments. The BOROUGH agrees to preserve the
longevity benefit for those hired prior to January 1, 1992 in subsequent contracts.
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6.
(a)
(b)
Clothing: The BOROUGH shall provide an adequate supply of the following
items:
5 Long Sleeve Shirts
5 Short Sleeve Shirts or "tee shirts"
(c)
5 Trousers
(d)
2 Summer Jackets
(e)
2 Winter Jackets
(f)
1 Coverall
(g)
1 Rain Suit
(h)
2 Pairs of Work Shoes (Reimbursement to Employee up to $325.00
annually, supported by receipts)
(i)
1 Pair of Hip Boots
(j)
1 Pair of Over Shoe Boots, 18"
(k)
1 Helmet, with liner
(1)
1 Safety Goggles
(m)
1 Hearing Protector
(p)
$150 annual glove allowance per employee paid by voucher, and
supported by receipts
(q)
1 set of insulated coveralls per employee during contract term
(r)
1 Carhart hooded sweatshirt
The BOROUGH shall consult with the ASSOCIATION concerning the quality of
the aforesaid items, prior to purchase thereof. The BOROUGH shall continue to
provide cleaning services for such items and shall replace the same as necessary
due to normal wear and tear.
7.
8.
Miscellaneous Reimbursements:
The BOROUGH agrees to reimburse the Employee for the cost of the initial State
of New Jersey Motor Vehicle Commission CDL test fee and renewal fees. The
BOROUGH also agrees to reimburse an Employee for the cost of glasses broken
on the job provided that a safety strap was worn at the time of the incident. The
reimbursement will be limited to the cost of a comparable pair of glasses like the
ones broken.
Volunteer Service Organization Membership:
In the event any Employee of this ASSOCIATION is also a member of the
Waldwick Volunteer Ambulance Corps or the Waldwick Volunteer Fire
Department and is unable to report to work at his scheduled time (or is unable to
report at all) because as such a volunteer the member is on an emergency call, he
shall notify his superior as soon as he is reasonably able to do so. No such
Employee shall be penalized in any manner as a result of his volunteer status; he
shall be paid for such lost time as though he had reported to work and, in fact, did
work his scheduled shift. It is understood that such volunteer shall report to work
as soon as his volunteer duty has been completed unless he is physically unable to
do so as a result of such duty. The Department Head shall be entitled to demand
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9.
10.
11.
reasonable proof of such emergency volunteer duty and the duration thereof. No
Employee shall be prevented from leaving his job for emergency volunteer duty.
No Employee shall be penalized with respect to his volunteer status as a result of
such action.
An Employee who is a licensed emergency medical technician and is a member of
the Waldwick Volunteer Ambulance Corps at the beginning of a calendar year
shall receive a stipend of $1,500 annually which is to be paid in equal installments
in each pay period. This stipend shall not be part of the base pay and no longevity
percentage shall be added to it. It shall be taken into account for pension
purposes.
Rest Periods, Etc:
(a)
(b)
(c)
All Employees shall receive one (1) twenty (20) minute rest period
reasonably near or between 8:30 and 8:50 a.m. each day without deduction
in pay inclusive of travel time.
If presently required by Civil Service, all Employees shall receive two (2)
wash-up periods each day without deduction in pay; one ten (10) minute
period before lunch hour and one ten (10) minute period immediately
before quitting.
Drivers performing emergency snow plowing work for more than four (4)
consecutive hours after a scheduled eight (8) hour day may take a paid rest
period of one-half (1/2) hour. In addition, within a four (4) hour period of
such emergency snow removal work, a paid fifteen (15) minute coffee
break may be taken.
Commercial Driver's License:
All Employees are required to possess a valid Commercial Driver's License
(CDL) and applicable endorsements. Employees hired without a CDL have one
year from the date of hire to obtain a CDL. Employees without a CDL at the time
this agreement is adopted will have one year from the date of adoption to obtain a
CDL.
Employees who serve as the Licensed Operator for the water or sewer system will
be paid a stipend of $5,000 annually. Employees who serve as the Licensed
Operator for less than one full year will have the stipend amount prorated. This
stipend shall not be part of the base pay and no longevity percentage shall be
added to it. It shall be taken into account for pension purposes.
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1.
2.
3.
4.
5.
6.
7.
8.
9.
ARTICLE VIII
VACATIONS
The vacation allowance shall be as set forth in this Agreement in Schedule "А".
The BOROUGH shall post and update each week a list of the remaining vacation
days of each Employee.
When in any calendar year, the vacation or any part thereof is not taken by the
Employee or is not granted by reason of pressure of municipal business, such
vacation periods shall accumulate, but may not be carried over for more than one
(1) calendar year.
If an Employee is on vacation and becomes sufficiently ill so as to require in-
patient hospitalization, he may have such period of illness and post-hospital,
recuperation period charged against sick leave, at his option, upon proof of
hospitalization and a physician's certificate.
Unless necessary, no Employee who is on vacation shall be recalled.
If an official holiday occurs during an Employee's authorized vacation, he will be
entitled to an additional vacation day in lieu of the holiday.
To the extent possible, the choice of which vacations each Employee shall have,
shall be determined by a seniority schedule. All vacation requests must receive
prior approval of the Superintendent. These requests will not be unreasonably
denied. Vacation requests of five (5) or more working days for each calendar
year, must be submitted prior to January 31st of that year and be approved by the
Superintendent. Any requests submitted after January 31st will be granted
according to departmental needs and not on a seniority basis.
Vacations may be taken in segments. However, when fragmenting vacations, less
than five (5) continuous working days of vacation may be taken with notice and
prior approval of the Superintendent. Notice is to be given prior to the end of the
workday for taking a vacation day the following workday.
It shall be permissible for four (4) Public Works Repairer's and one (1) Laborer 1
to be on vacation or on compensatory leave at the same time, providing it does not
seriously impair the functions of the Department as determined by the
Superintendent. Such permission shall not be unreasonably denied.
Subject to the provisions of this Article, vacation days shall vest as earned and
vacation time, as determined by the Employee's anniversary date, may be taken in
full at any time in the year, provided, such Employee shall reimburse the
BOROUGH for any unearned vacation time, pro rata, if he leaves the employ of
the BOROUGH during the year said vacation is taken, other than due to
disability, retirement or death.
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10.
1.
Earned but unused vacation time shall be paid, pro rata, to any Employee, or his
legal representative upon disability, retirement or death.
ARTICLE IX
HOLIDAYS
All Employees shall be entitled to receive twelve (12) paid holidays per year.
Under this Agreement except for the day after Thanksgiving, a holiday shall be
considered the day of legal observance by the State of New Jersey, in accordance
with the following schedule of holidays:
Washington's Birthday
New Year's Day
Columbus Day
Veteran's Day
Good Friday
Thanksgiving Day
Memorial Day
Friday Following Thanksgiving
Independence Day
Christmas Eve
Labor Day
Christmas Day
2.
3.
1.
In addition to the paid holidays specified above, all Employees are entitled to one
Floating Holiday, to be chosen each year by the Mayor and Council.
In the event it is necessary for Employees to work on holidays, to the extent
possible, the choice of which holidays each Employee shall be off duty shall be
determined by a rotating seniority schedule, which shall be administered in the
same fashion as the vacation roster.
ARTICLE X
SICK LEAVE
All permanent full-time Employees covered by this agreement shall be granted
sick leave with pay of one (1) working day for every month of service during the
remainder of their first calendar year of service and fifteen (15) working days in
each calendar year thereafter, which shall accumulate from year to year. The
BOROUGH shall post and update each week a list of remaining days of sick leave
of each Employee.
9. An Employee absent on sick leave shall submit acceptable medical evidence
substantiating the illness, if requested by the BOROUGH and not in violation of
Civil Service requirements.
10. An employee that uses a sick day before or after a designated holiday must
produce a doctor's note the following work day. If a doctor's note is not
provided, the employee will be charged unpaid sick time and will not be
compensated the holiday pay. For example, if a holiday falls on a Friday, and an
employee uses a sick day on Thursday, without providing a doctor's note, that
employee shall not be paid for Thursday and Friday.
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3.
All covered personnel shall be entitled to credit of unused accumulated sick leave
time at the time of retirement provided, however, that no Employee shall be given
credit for accumulated sick leave time beyond 130 working days. All Employees
hired between January 1, 1988 and December 31, 1991 shall only be entitled to
credit for 65 working days of accumulated sick leave time. Employees hired after
January 1, 1992 are not eligible for this benefit. The BOROUGH agrees to
preserve the appropriate benefit for Employees hired prior to January 1, 1992 in
subsequent contracts.
4.
All covered personnel, hired prior to January 1, 1988 may request approval of the
BOROUGH to terminate work prior to retirement by the length of time equal to
accrued vacation time and/or up to 130 days accrued sick leave with pay. Except
that all Employees hired between January 1, 1988 and December 31, 1991 shall
only be entitled to request approval of the BOROUGH to terminate work prior to
retirement by the length of time equal to accrued vacation time and/or up to 65
days accrued sick leave with pay. This provision does not apply to employees
hired after January 1, 1992. Should any Court ruling or Administrative decision
invalidate this paragraph, then same prospectively will be of no force and effect
and will be severed from this agreement.
5.
6.
Sick leave with pay is hereby defined to mean a necessary absence from duty due
to illness, injury or exposure to contagious disease and may include absence due
to illness in the immediate family of the Employee requiring attendance upon a
member of the immediate family.
The Borough agrees to a sick leave incentive program. If an employee covered by
this agreement uses less than three sick days in a given year, that employee shall
be entitled to a one time payment of $697. The year is defined as December 1 to
November 30. In the first year of this agreement, the year is defined as January 1
to November 30. On the job injury is not counted as such days for purposes of
this incentive program.
1.
ARTICLE XI
WORK INCURRED INJURY
Where an Employee covered under this Agreement suffers a work-connected
injury or work-connected disability, the BOROUGH shall continue paying such
Employee his normal take-home pay during the continuance of such Employee's
inability to work up to a maximum of one hundred twenty (120) working days.
During this period of time, all temporary disability benefits accruing under the
provisions of the Workmen's Compensation Act shall be paid over to the
BOROUGH; in the alternative, the BOROUGH may pay such Employee the
difference between normal take-home pay and the temporary disability
Workmen's Compensation awarded up to a maximum of one hundred twenty
(120) working days. These payments shall not be chargeable to the Employee's
sick leave including the first seven days that the employee is unable to work due
to the work connected injury.
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Notwithstanding the aforesaid, pension and retirement fund payments paid by the
BOROUGH shall continue to be computed and paid as though the Employee were
receiving full pay.
2.
In the event the Employee contends that he is entitled to a period of disability
beyond the period established by the treating physician, or a physician employed
by the BOROUGH or by its insurance carrier, then, and in that event, the burden
shall be upon the Employee to establish such additional period of disability by
obtaining a judgment in the Division of Workmen's Compensation establishing
such further period of disability and such findings by the Division of Workmen's
Compensation or the final decision of the last reviewing Court shall be binding
upon the parties.
3.
1.
2.
3.
In the event a dispute arises as to whether an absence shall be computed or
designated as sick leave time or as to work connected injury, the parties agree to
be bound by the decision of an appropriate Workmen's Compensation Judgment,
or if there is an Appeal therefrom, the final decision of the last reviewing Court.
ARTICLE XII
PERSONAL LEAVE
All covered personnel shall receive three (3) workdays of personal time in
addition to current vacation and holiday entitlement. Employees may use this
time at their discretion, with the approval of the Department Superintendent.
Employees must give their superior notice of their intention to take personal leave
time as soon as possible.
Personal leave time under this Article shall be granted in units of not less than one
(1) day for each occasion.
1.
2.
3.
4.
ARTICLE XIII
BEREAVEMENT LEAVE
All permanent full-time Employees covered by this Agreement shall be entitled to
four (4) days leave with pay upon the death of a member of his immediate family
with the consent of his superior or his designated representative.
Immediate family shall include spouse, children, parents, brothers, sisters, and
grandparents of an Employee or of the Employee's spouse.
Such funeral leave shall not be charged against the Employee's vacation, sick, or
personal leave.
Any extension of absence under this Article, however, may be had with the
consent of the Department Superintendent, to be charged against available
vacation time or at the Employee's option be taken without pay of a reasonable
period, said period not to exceed ten (10) days.
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5.
In the event of the death of any Employee, the BOROUGH will grant one funeral
leave to four (4) co-Employees of the deceased, to be chosen by the Employees,
with the reasonable approval of the Department Superintendent as to personnel,
for purposes of their attending such deceased Employee's funeral service and
burial.
ARTICLE XIV
LEAVE OF ABSENCE
This provision shall be governed by N.J.AC. 4A:6-1.1. The Employee shall submit in
writing all facts bearing on the request to his superior or the superior's designated
representative, who shall append his recommendations and forward the request to the
BOROUGH. The BOROUGH shall consider each case on its merits and without
establishing a precedent. The Borough's decision shall be non-grievable.
ARTICLE XV
SALARIES
1.
2.
The base salaries for the calendar years 2022, 2023 and 2024 shall be as set forth
in Schedule "B". The base salaries for the calendar year 2022, 2023 and 2024 are
subject to renegotiation if not ratified by the Governing Body of the BOROUGH
in accordance with Article XXIV;
An Employee's initial anniversary date is established at the time of hiring or
rehiring. Those hired prior to June 30 will observe January 1 of the same year as
their anniversary date. Those hired or rehired after June 30 will observe July 1 of
the same year as their anniversary date. Anniversary dates may be altered by
subsequent promotions or dates on which an Employee is rehired. Anniversary
dates designate the date on which increment may become effective and may not
be less than one (1) year.
3.
If in 2022, any appointment is made to the position of Public Works Repairer
from the position of Laborer 1, the employee appointed shall immediately receive
the pay called for Laborer 1, 3rd Grade. In 2023, they shall receive the pay called
for Public Works Repairer, 1st Grade, and shall then proceed through grades
accordingly.
15
ARTICLE XVI
MEDICAL COVERAGE
The BOROUGH will provide and pay for Blue Cross, Blue Shield, and Major Medical
Insurance for Employees covered by this Agreement and their families, or similar type
coverage with the same or substantially similar benefits as are available under the State
Health Benefits Plan. This contribution shall be based upon the formula contained in
P.L. 2011 c. 78.
All eligible Employees will be covered by Group Family Dental Plan, Inc., Intermediate
Plan II-V or such other similar plan that is mutually acceptable. Single Employees shall
pay two ($2.00) Dollars per pay and Employees with families of two (2) or more persons
shall pay four ($4.00) Dollars per pay, if they elect coverage, an orthodontic rider may be
purchased by a covered Employee for his family at his own expense. The Borough
retains the right to change carriers provided the level of benefits remains the same.
ARTICLE XVII
INSURANCE
The BOROUGH will provide insurance coverage to Employees covered under this
Agreement, protecting them from civil suits arising out of the performance of their duties.
ARTICLE XVIII
SENIORITY: LAYOFF: PROMOTIONS: TRAINING
1. In the event the BOROUGH deems it advisable or necessary to lay off any
Employees, the Employees first laid off shall be those with the least seniority.
Such Employees shall be placed on a re-employment list and in the event the
BOROUGH should rehire any Employees, the persons first rehired shall be those
with the greatest seniority.
2. The BOROUGH may permit one (1) Employee in the Department to attend a
mechanic's school or school for other job-related subjects either in his spare time
or on a leave of absence granted by the BOROUGH without pay. The decision of
the BOROUGH shall be non-grievable. The ASSOCIATION shall submit names
of all Employees in the Department who are interested in attending school to the
Superintendent of the Department and the Superintendent of the Department, with
the consent of the Governing Body of the BOROUGH, shall choose such persons
on the list to attend the authorized and approved mechanic's, etc. school. Upon
successful completion of the approved course, and such Employee's return to
employment with the BOROUGH, the BOROUGH shall reimburse such
Employee for the cost of such course.
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3. The BOROUGH, or the Superintendent, if so authorized by the BOROUGH may
permit Employees to attend occasional seminars and courses for periods of not
more than two (2) weeks each year and one or two day refresher courses designed
to increase an Employee's existing skills or to obtain additional skills, upon
BOROUGH time and with pay. The decision of the BOROUGH or the
Superintendent as the case may be shall be non-grievable.
ARTICLE XIX
MILITARY LEAVE
Military leave for the Employees training or serving with the National Guard or the
Armed Forces of the United States will be granted in accordance with the laws applying
to such cases.
1.
2.
ARTICLE XX
PENSION
The BOROUGH shall provide pension and retirement benefits to Employees
covered by this Agreement pursuant to provisions of the statutes and laws of the
State of New Jersey.
The BOROUGH will pay to the appropriate Retirement Fund all required
amounts.
ARTICLE XXI
GRIEVANCE PROCEDURE
A "grievance" is hereby defined as any difference
--- Document: Collective Bargaining Agreement - PBA Local No. 217, Waldwick, NJ ---
AGREEMENT
Between The
BOROUGH OF WALDWICK
And The
PBA LOCAL NO. 217, WALDWICK, NEW JERSEY
JANUARY 1, 2022 through DECEMBER 31, 2025
!
INDEX
ARTICLE
PAGE
I
II
III
IV
PREAMBLE
TERM OF AGREEMENT
RECOGNITION AND UNION RIGHTS
WAGES and WORK SCHEDULE
OVERTIME
1
2
3
4
5
V
LONGEVITY
7
VI
VACATIONS AND PERSONAL DAY
10
VII
HOLIDAYS
12
VIII
HOSPITALIZATION
13
IX
BEREAVEMENT LEAVE
14
X
SICK LEAVE
15
XI
CEREMONIAL ACTIVITIES
17
XII
INSURANCE
28
XIII
SCHOOLING
19
XIV
ALLOWANCES
20
XV
ADDITIONAL COMPENSATION FOR
CERTAIN PERSONNEL
22
XVI
ON THE JOB INJURIES
23
XVII
NO STRIKE PLEDGE
24
XVIII
GRIEVANCE PROCEDURE
25
XIX
ARBITRATION
27
XX
MANAGEMENT RIGHTS
28
XXI
DISCIPLINARY ACTION
29
XXII
OFF DUTY POLICE RELATED ACTIVITY
30
XXIII
PERSONNEL FILES
31
XXIV
USE OF PERSONAL VEHICLES
32
XXV
OTHER ITEMS AND CONDITIONS
33
SIGNATURE PAGE
34
SCHEDULE A-2, SALARY SCHEDULE
35
SCHEDULE A-3, SALARY SCHEDULE
35
-i-
PREAMBLE
Duember.
14th day of
THIS AGREEMENT made this
2021 by and
between THE BOROUGH OF WALDWICK, a municipal corporation of the State of New
Jersey, in the County of Bergen (hereinafter referred to as the "Borough"); and PBA LOCAL
NO. 217, Waldwick, New Jersey (hereinafter referred to as the "PBA").
WHEREAS, the parties have conducted negotiations through their respective
representatives concerning the terms and conditions of employment for Employees of the
Borough covered hereby, such negotiations having been conducted in good faith for the purpose
of reaching an agreement in order to continue to cooperate and maintain the mutually satisfactory
conditions of employment and the harmonious relationship heretofore existing, all parties
desiring to make every effort to maintain such atmosphere; and,
WHEREAS, the parties have reached an agreement to cover the period from January 1,
2022 through December 31, 2025;
NOW, THEREFORE, in consideration of the promises and covenants contained herein
the parties hereby agree as follows:
-1-
ARTICLE I
TERM OF AGREEMENT
This Agreement shall be in force from January 1, 2022 through December 31, 2025. All
provisions shall remain in full force and effect until a new contract is executed, except as
otherwise herein provided.
-2-
ARTICLE II
RECOGNITION AND UNION RIGHTS
Section 1:
The Employer hereby recognizes the POLICEMEN'S BENEVOLENT
ASSOCIATION, LOCAL NO. 217 as the sole and exclusive bargaining agent
(representative) for all full-time Police Officers, with the exception of the Chief of
Police.
Section 2:
Section 3:
Collective negotiations with respect to rates of pay, hours of work, and other
conditions of employment and bargainable issues shall be conducted by the duly
authorized negotiating committee of each of the parties. The Local's labor
agreement negotiating committee shall consist of no more than five (5) persons
and no more than two (2) Employees shall be permitted to attend regularly
scheduled negotiating sessions without loss of pay. No other payment will be
made to the Local's representatives for or in connection with the said negotiating
sessions.
On such days that the State PBA Delegate of the Local attends a regularly
scheduled meeting of the State PBA, he shall be excused from duty, without loss
of pay, in the event that such meeting takes place on a day he is assigned to
duty. The parties shall use their best efforts to alleviate the cost of overtime
through the scheduling of Employees for duty when the PBA Delegate attends a
regularly scheduled meeting pursuant thereto.
-3-
Section 1:
ARTICLE III
WAGES and WORK SCHEDULE
Employees covered by this contract shall receive base salaries as set forth in
Schedule A-2 and A-3 annexed.
Section 2:
Police Officers, excluding Lieutenant(s) and Detective(s), will work rotating 12
hour shifts from 7:00 am 7:00 pm, 7:00 pm - 7:00 am, or 3:00 pm - 3:00 am.
Other 12 hours shifts may be assigned by the Chief of Police, or their designee,
based on a temporary departmental need.
Section 3:
Section 4:
All vacation, sick, personal and leave time shall be taken in hours rather than
days. All references to days in this agreement shall be converted to hours by
calculating each day by a factor of 8. Each employee shall be permitted his or her
allotted time off in hours rather than days when used with the 12-hour shift.
The work year consists of 2080 hours. Any excess work hours scheduled shall be
provided back to each officer in time off, excluding Lieutenant(s) and
Detective(s).
-4-
ARTICLE IV
OVERTIME
Section 1:
Overtime for covered personnel shall be at the rate of time and one-half (12) for
all overtime computed on the basis of time in excess of twelve (12) hours per day
including overtime for court appearances, including Municipal Court and Grand
Jury, in or required by the County, State and Federal Court.
Section 2:
Section 3:
Section 4:
When an Employee covered under this Agreement shall be required to travel to
and from any of the court or administrative bodies, such travel time shall be
considered and included in the computation of the amount of overtime to which
the Employee is entitled. Provided, however, that such travel time shall be
computed between the Borough of Waldwick and the pertinent court or
administrative body, except that there shall be no overtime computation or
payment for travel time when the pertinent court or administrative body is within
five (5) miles of the Borough of Waldwick.
Whenever a court appearance is canceled on less than twelve (12) hours notice
then the effected Employee(s) shall receive two (2) hours of overtime
compensation for each such event.
In the computation of overtime for each day, time shall be rounded to full hours
by counting as a full hour a portion of an hour in excess of twenty (20) minutes
and disregarding a period of twenty (20) minutes or less; provided, however, a
covered Employee shall be paid for a minimum of two (2) hours at the overtime
rate when court appearance is required other than during his regular duty
hours. Consecutive court appearances on the same day shall be considered as one
(1) continuous appearance in computing overtime.
-5-
Section 5:
Section 6:
Employees shall have the option of being paid for eighty-four (84) hours in
compensatory time off in a calendar year earned. If an employee wishes to
exercise this option the supervisor is to be notified immediately after the overtime
is worked so that time can be recorded properly. Compensatory time shall be
approved in accordance with the police department policy for requesting time off.
Compensatory time shall not cause overtime in the department. Before December
15th of each year, an Employee can submit for a cash payout for unused
compensatory time up to a maximum of 36 hours, at the rate it was earned. This
cash payout option is only available once per year per Employee. Compensatory
time cannot be carried over to the following year.
When an Employee covered under this Agreement is called back to work after
having completed his or her regularly scheduled shift, or who is called in for duty
for other matters regarding his or her expertise, assignment or other department
needs, shall be compensated at time and one-half (12) the straight time hourly
rate of pay with a minimum guarantee of two (2) hours.
a.
b.
If an Employee is required to report for duty less than two (2) hours prior
to his or her scheduled shift, overtime shall be calculated in accordance
with Article IV, Section 4 of this Agreement.
At the conclusion of said call back time in Section 6 of this Article the
Employee shall be considered off duty, regardless of the duration of the
assignment.
-6-
Section 1:
ARTICLE V
LONGEVITY
For Officers hired prior to February 1, 2006 longevity shall be paid at the rate of
one percent (1%) of base pay beginning at the fifth (5th) year of service and
.375% for each additional year of service up to the twenty-second (22nd) year of
service. Effective with the twenty-third (23rd) year of service and thereafter, each
Employee shall receive a ten percent (10%) annual longevity benefit. Longevity
payments shall be made to coincide with regular payments.
Starting Year of Service
5
1%
6
1.375%
7
1.75%
8
2.125%
9
2.5%
10
2.875%
11
12
3.25%
3.625%
13
4%
14
4.375%
15
4.75%
16
5.125%
17
5.5%
18
5.875%
19
20
21
6.25%
6.625%
7%
-7-
22
23
7.375%
10%
Thereafter
Section 2: For Officers hired after February 1, 2006 to December 31, 2013 longevity shall
be paid at the rate of one percent (1%) of base pay beginning at the eleventh (11th) year of
service and .375% for each additional year of service up to the twenty-second (22nd) year of
service. Effective with the twenty-second (22nd) year of service and thereafter, each Employee
shall receive a five percent (5%) annual longevity benefit. Longevity payments shall be made to
coincide with regular payments. Starting Year of Service
11
1%
12
1.375%
13
1.75%
14
2.125%
15
2.5%
16
2.875%
17
3.25%
18
3.625%
19
4%
20
4.375%
21
4.75%
22
23
5%
5%
Thereafter
Section 3:
For Officers hired after January 1, 2014 to December 31, 2016 longevity shall
be paid at the rate of one half of one percent (0.5%) of base pay beginning at the eleventh (11th)
year of service and .1875% for each additional year of service up to the twenty-second (22nd)
year of service. Effective with the twenty-second (22nd) year of service and thereafter, each
Employee shall receive a two and half percent (2.5%) annual longevity benefit. Longevity
-8-
payments shall be made to coincide with regular payments
Starting Year of Service
Section 4:
11
0.5%
12
0.6875%
13
0.875%
14
1.0625%
15
1.25%
16
1.4375%
17
1.625%
18
1.8125%
19
2.%
20
2.1875%
21
2.375%
22
23
2.50%.
2.50%
Thereafter
This provision shall not be offered for Officers hired after January 1, 2017.
-9-
ARTICLE VI
VACATIONS AND PERSONAL DAY
Section 1:
All covered personnel are entitled to eight hours of vacation per month up to one
(1) year of service; thereafter, vacation time shall be in accordance with the
following schedule:
One (1) Year, but less than Seven (7) Years
96 Hours
Seven (7) Years, but less than Fifteen (15) Years
144 Hours
Fifteen (15) Years or More
192 Hours
Section 2:
Holidays falling within a vacation period shall not be counted as vacation days.
An Employee may accumulate vacation time earned during the previous year and
may be taken in tandem with vacation time earned in the current year only.
If an Employee is on vacation and becomes sufficiently ill so as to require
in-patient hospitalization, he may have such period of illness and
post-hospitalization period charged against sick leave at his option upon proof of
hospitalization and a physician's certificate.
To the extent possible, the choice of which vacations each Employee shall have,
shall be determined by a rotating seniority schedule.
All covered personnel shall receive eight hours of personal time in addition to
current vacation and holiday entitlement. Requests will be assigned on a first
come first serve basis. Employees may use this time at their discretion. The
personal time may not be taken on any of the following days:
-10-
1.
New Year's Eve
5.
Labor Day
2.
New Year's Day
6.
Thanksgiving Day
3.
Memorial Day
7.
Christmas Eve
4.
Independence Day
8.
Christmas Day
If the maximum allowable Employees are on vacation, only one (1) Employee at a time
can take personal time. No roll over to the following year of personal time is permitted.
-11-
Section 1:
ARTICLE VII
HOLIDAYS
All covered personnel are entitled to the following paid holidays, which equates
to eight hours of time off:
New Year's Day
Columbus Day
Washington's Birthday
Veteran's Day
Good Friday
Thanksgiving Day
Memorial Day
Friday Following Thanksgiving
Independence Day
Christmas Eve
Labor Day
Christmas Day
Section 2:
In addition to the paid holidays specified above, all covered personnel are entitled
to one Floating Holiday, to be chosen each year by the Mayor and Council.
Section 3:
All covered personnel shall have the option of applying any three (3) of their
holidays as personal leave time, which may be taken at their discretion.
Section 4:
Section 5:
To the extent possible, the choice of which holidays each Employee shall be off
duty and the selection of additional days off, as hereinabove set forth, shall be
determined by a rotating seniority schedule. The said additional days off shall be
without any financial impact on the Borough and the selection thereof shall at all
times be subject to the scheduling and manning requirements of the Department
as determined by the Chief.
Covered personnel will not receive additional days off that may be granted to
other Borough employees as emergency days off or time off due to weather
conditions or other emergencies which may arise.
-12-
ARTICLE VIII
HOSPITALIZATION
Section 1:
Section 2:
The Borough shall continue to pay the full cost of all insurance premiums,
including the additional cost for family policies as heretofore provided.
The Borough will provide and pay for Blue Cross, Blue Shield, and Major
Medical Insurance for Employees covered by this Agreement and their families,
or similar type coverage with the same or substantially similar benefits as are
available under the State Health Benefits Plan.
Section 3:
Section 4:
The Borough shall maintain the dental program implemented January 1, 1985
with benefits equivalent to that provided under New Jersey Dental Plan
II-B. Single Employees shall pay Two ($2.00) Dollars per week and Employees
with families of two (2) or more persons shall pay Four ($4.00) Dollars per week,
if they elect coverage, an orthodontic rider may be purchased by a covered
Employee for his family at his own expense. The Borough retains the right to
change carriers provided the level of benefits remain the same.
The Employer shall implement the New Jersey State Health Benefits Plan "Direct
15" or its equivalent as it is then constituted. The Employee may to participate in
any other plan offered by State Health Benefits. The contribution towards the
premium of health insurance shall be based upon the formula contained in P.L.
2011c.78.
-13-
ARTICLE IX
BEREAVEMENT LEAVE
Section 1:
Section 2:
All permanent, full time Employees covered by this Agreement shall be entitled
to three (3) workdays' leave with pay upon the death of a member of his
immediate family or the death of a relative who resides with the
Employee. Immediate family shall include spouse, children, grandchildren,
parents, brothers, sisters and grandparents of Employees or spouse. Such funeral
leave shall not be charged against the Employee's vacation or sick leave. Such
leave shall commence upon the day of death and shall end on the day after the
funeral, but shall not span more than four (4) days. The Administration may grant
special consideration.
One (1) additional day of bereavement leave shall be granted to all Employees
covered by this Agreement and is to be taken within thirty (30) days of the death
of an immediate family member for the purposes of administration of the estate
and decedents affairs.
Section 3:
In the event of a death in the family not mentioned in Section "1" above, one (1)
personal day of bereavement leave shall be granted to the Employee.
-14-
Section 1:
ARTICLE X
SICK LEAVE
All permanent, full time Employees covered by this Agreement shall be granted
sick leave with pay of eight hours for every month of service during the remainder
of the first calendar year of service and 120 hours in each calendar thereafter
which shall accumulate from year to year.
An Employee absent on sick leave shall submit acceptable medical evidence
substantiating the illness, if requested by the Borough.
All covered personnel shall be entitled to a credit of unused accumulated sick
leave time at the time of retirement, provided, however, that no Employee shall be
given credit for accumulated sick leave beyond five hundred twenty (520) hours.
All Employees hired after December 31, 2010 shall be capped at $15,000 in
accumulated sick leave time.
All covered personnel may request approval of the Borough to terminate work
and to continue to be compensated during the length of time equal to accrued
vacation time and/or allowed accumulated sick leave time.
Notwithstanding the foregoing, if a member is entitled to a credit of unused
accumulated sick leave time at the time of retirement, he may elect to receive a
lump sum cash payment or severance pay equivalent to the unused accumulated
sick pay up to five hundred twenty hours, capped at $15,000 for those employees
hired after December 31, 2010. The employee may have the option of breaking
down their payments and receiving their payment for up to three years. Such
option must be exercised by the member by giving written notice to the Mayor
and Council on or before January 1 in the year in which the cash payment is
-15-
sought. This provision shall in no way affect said member's pension rights.
The beneficiary of a deceased Employee entitled to receive unused accumulated
sick pay shall have the option of receiving a lump sum payment of the cash value
of the deceased Employee's unused sick leave. For the purposes of this Section,
beneficiary shall mean that person or persons designated as a beneficiary in the
life insurance policy of the deceased Employee, issued by the Borough under
Article XII of this Agreement.
Should any court ruling or administrative decision invalidate any of the preceding
paragraphs, then same prospectively will be of no force and effect and will be
severed from this Agreement.
-16-
ARTICLE XI
CEREMONIAL ACTIVITIES
In the event a Police Officer in another Department in the State of New Jersey is killed in the line
of duty, the Borough shall permit, subject to approval by the Chief of Police, which shall not be
unreasonably withheld, at least one (1) full-dressed, uniformed Police Officer of the Borough to
participate in the funeral service(s) of said deceased Officer.
Subject to the availability of same, the Borough will permit a Borough Police vehicle to be
utilized by the members in the funeral service.
Police Officers participating in such funeral service shall not be entitled to any compensation
during the time in which they are participating in said funeral service.
-17-
ARTICLE XII
INSURANCE
Section 1:
Section 2:
During the term of this Agreement, the Borough agrees to provide insurance
coverage for all covered personnel for life, accidental death and dismemberment
in the amount of Ten Thousand ($10,000.00) Dollars. Presently afforded
coverage shall continue.
The Employer will indemnify all Employees covered by this Agreement from
civil suits arising out of the performance of their duties including but not limited
to the following: False arrest, malicious prosecution, libel, slander, defamation of
character, privileged occupancy and the invasion of civil rights. Employees
covered by this Agreement shall be fully indemnified and defended by the
Employer for all circumstances in which the Employee renders first aid, whether
on duty or off duty.
-18-
ARTICLE XIII
SCHOOLING
All personnel hired before December 31, 2013 shall be entitled to compensation to a maximum
of Twelve Dollars and Fifty Cents ($12.50) per annum for each college credit of approved police
related schooling courses earned while in the employ of the Borough of Waldwick to a
maximum of sixty (60) credits, provided, however, that in any course for which the additional
compensation is claimed, a grade of C or better must be attained. In the event that the aforesaid
provision dealing with compensation or college credits earned only while in the employ of the
Borough of Waldwick is determined to be invalid, then same shall be severable from the within
Agreement and considered null and void. This provision shall not apply to any employees hired
after January 1, 2014.
-19-
Section 1:
ARTICLE XIV
ALLOWANCES
All Police Officers shall be entitled to a clothing and equipment allotment of $825
total per annum. Police Officers shall be permitted to utilize said allotment to
purchase items of clothing and equipment as authorized by the Chief of Police or
his designee. Payment to recognized and established uniform and equipment
companies shall be paid by the Borough, up to the aforementioned amount, upon
presentation of an invoice or purchase order. Officers may submit receipts for
authorized purchases for non-taxable reimbursement to the Officer, up to the
aforementioned amount.
Section 2:
Section 3:
Police Officers with less than seven (7) completed years of employment with the
Borough, may elect to receive up to One Hundred Dollars ($100.00) of said
allotment as a uniform maintenance allowance. Police Officers with seven or
more completed years of employment with the Borough, may elect to receive up
to Three Hundred Dollars ($300.00) of said allotment as a uniform maintenance
allowance. The total of the clothing and equipment reimbursement and uniform
maintenance allowance shall not exceed Eight hundred Twenty Five Dollars
($825.00) per annum.
In order to obtain any eligible uniform maintenance allowance amount, a voucher
shall be filed by the Police Officer. The allowance is paid through payroll and is
considered taxable income. No receipts or supporting documentation are required
to receive uniform maintenance allowances. Employees entitled to uniform
maintenance allowances shall be paid no later than the first pay of December of
each year.
In the event Police Officers obtain Emergency Medical Technician certificates,
-20-
the Borough will pay each Officer Two Thousand Five Hundred ($2,500.00) each
year. To be eligible for the EMT Stipend the Employee must be a member of the
Waldwick Police Department and an EMT for two (2) full years.
a. These Officers will be determined by the submission of a list by the PBА
Local No. 217 with the names of those Officers who have obtained
certification. If the list is not presented on or before January 1st then the
amount paid by the Borough shall be prorated from the date the list is
presented. An Officer dropping off the list will no longer receive an
allowance. Upon presentation of the substitute name, the substitute will
receive the allowance of the dropped member, prorated from the date the
substitute is added to the list. There shall be no rollover into any succeeding
year of any payments made under this Section.
b. The EMT allowance shall be handled and paid in the same manner as the
college credit allowance.
-21-
ARTICLE XV
ADDITIONAL COMPENSATION FOR CERTAIN PERSONNEL
Section 1:
Section 2:
In addition to the compensation hereinabove set forth, the Borough Detectives
shall receive additional compensation at the rate of Two Thousand Five Hundred
Dollars ($2,500) each year.
An Employee, with concurrence of the Appropriate Authority, who is assigned to
substitute for an Employee of higher rank, due to that higher ranked Employee's
absence or vacancy, not caused by vacation time, shall receive the pay of the
higher ranked Employee beginning on the thirty-first day of acting in that
capacity. When said assignment terminates, the Employee's pay will be returned
to the rate it was prior to the assignment being made. Appropriate Authority shall
mean the Borough Administrator as authorized by Borough Ordinance. The
Appropriate Authority shall serve as the liaison to the Mayor and Council for
knowledge of payment only. The Borough shall not take any direct action to
circumvent the payment of this additional compensation to that Employee without
cause.
Section 3:
Whenever a Patrol Officer is the senior ranking Officer on a Patrol shift and there
is no Sergeant, Lieutenant, or Chief of Police working during the shift, such
Officer shall be afforded senior officer compensation. The Patrol Officer must be
the senior ranking officer on the patrol shift for six (6) or more hours to be eligible
for senior officer compensation. The senior officer compensation shall be a flat
rate of $45 per shift.
-22-
ARTICLE XVI
ON THE JOB INJURIES
Employees who are injured on the job and who are awarded temporary disability benefits by
Worker's Compensation shall receive the difference between the weekly Worker's Compensation
awarded and normal take-home pay.
These payments shall be payable to a maximum of one hundred eighty (180) work days and shall
not be charged to the Employee's sick leave.
-23-
ARTICLE XVII
NO STRIKE PLEDGE
Neither the PBA nor its members shall engage or participate, either directly or indirectly, in
strikes of any kind, slowdowns, or interruptions of work, or to jointly withhold their services
from the Borough. In the event of any of the aforesaid, the PBA Local will use its best efforts to
end any of the above, order it stopped and return the men to work and will immediately post
notices and communications to the members that the PBA does not support such violation.
-24-
ARTICLE XVIII
GRIEVANCE PROCEDURE
A "grievance" is hereby defined as any difference or dispute between the Borough and any
Employee covered by this Agreement by means of which such Employee or representative of
such Employee may appeal the interpretation, application or violation of policies, agreement and
administrative decisions affecting the Employees' terms and conditions of employment. Alleged
arbitrary changes in scheduled working hours made within seventy-two (72) hours of the time a
scheduled shift is to begin so as to avoid overtime payment to an Employee may be grievable.
This procedure for settlement of grievances shall be as follows:
STEP ONE:
STEP TWO:
The aggrieved Employee or the PBA representative designated
shall present and discuss the grievance with his immediate supervisor
within fifteen (15) calendar days of the occurrence of the same. The name
of any such designated representative shall be immediately communicated
to the Employer. Any grievances not presented within fifteen (15)
calendar days of occurrence are deemed waived. The immediate
supervisor must reply to the grievance within ten (10) calendar days of its
presentment to him.
If the grievance is not settled at STEP ONE, it shall be reduced to
writing by the aggrieved party within five (5) working days of the reply
from the Supervisor. One (1) copy shall be given to both the
Administrator and the Head of the Department involved. The Department
Head and the PBA representative shall meet within ten (10) working days
of the receipt of the written grievance to attempt to settle the grievance.
Any grievance not reduced to writing and presented to the Department
Head and the Administrator within ten (10) working days of failure to
settle pursuant to STEP TWO is deemed waived. A written receipt will
-25-
STEP THREE:
be given by the Borough Administrator.
If after completion of STEP TWO the parties have not arrived at a
mutually satisfactory settlement of the grievance, then a meeting shall be
arranged between a representative of the PBA, the aggrieved Employee
and the Borough Administrator with the object of settling the grievance.
Both parties may consult with other persons as they deem necessary. The
parties shall meet within seven (7) working days of completion of STEP
TWO. They may, however, by written mutual consent, extend the time to
meet.
Nothing contained in this Article shall limit the right of any Employee to process his own
grievance provided, however, the PBA shall be notified by the Borough of all such situations and
shall have the right to be present during the same, and, further provided, that any agreement
reached with any such Employee shall not violate this Agreement.
Failure to proceed within the times set forth in this Article shall be conclusively deemed a
waiver of the right to grieve and the right to a determination.
All management rights and prerogatives shall be excluded from the grievance procedure
contained in this Article unless specifically included hereinafter.
-26-
ARTICLE XIX
ARBITRATION
Section 1:
If a grievance is not settled pursuant to Article XVIII, such grievance shall at the
request of the Borough or the PBA, be referred to the Public Employment
Relations Commission for selection of an Arbitrator according to its rules. Such
referral must be made within seven (7) working days of the failure to settle the
grievance under STEP THREE. Failure to proceed within the time set forth for
arbitration shall be conclusively deemed a waiver of the right to arbitration.
Section 2:
The decision of the Arbitrator shall be binding upon the parties. The expense of
such arbitrations shall be borne equally by the parties.
Section 3:
It is expressly agreed that all managerial rights and prerogatives are not subject to
arbitration. The Arbitrator shall only have the authority to interpret policies,
agreements and administrative decisions affecting the Employee's terms and
conditions of employment. He/she shall add nothing to nor subtract anything
from the express terms of this Agreement and any rule or regulation governing the
Police Department and Police force of the Borough.
Section 4:
It is understood that no arbitration case under this Agreement shall be heard
within twenty-one (21) days. If an Employee files an appeal to the Civil Service
Commission he must abandon the arbitration proceeding.
-27-
Section 1:
(a)
(b)
(c)
Section 2:
ARTICLE XX
MANAGEMENT RIGHTS
Nothing in this Agreement shall interfere with the right of the Borough in
accordance with applicable law, rules and regulations to:
carry out statutory mandate and goals assigned to a municipality utilizing
personnel, methods and means in the most appropriate and efficient
manner possible;
manage Employees of the Borough, to hire, promote, transfer, assign or
retain Employees in positions with the Borough and in that regard
establish work rules; and
suspend, demote, discharge or take other appropriate disciplinary action
against an Employee for just cause, or to lay off an Employee pursuant to
law.
The Borough, if they shall deem it necessary for reasons of economy, may
decrease the number of members and Officers of the Police Department.
When the services of a member(s) or Officer(s) is/are terminated, such
termination shall be in the inverse order of their appointment.
-28-
ARTICLE XXI
DISCIPLINARY ACTION
Whenever disciplinary action involving suspension against any member of the Waldwick Police
Department is taken, said member may request the following:
(a)
A written statement determining the charges against him signed by the
party making said charges; said statement shall be furnished within five
(5) days from the occurrence.
(b)
Within five (5) days of the occurrence of said charges, the Police Officer
may request a hearing on said charges before the Police Committee of the
Borough of Waldwick. Notwithstanding same, the grievance may be
taken pursuant to the Grievance Procedure outlined herein.
(c)
Whenever disciplinary action involved something other than suspension,
the Grievance Procedure outlined herein shall control.
(d)
The rights granted under this Section shall be considered to be in addition
to any and all rights contained under the Civil Service Act or any other
laws of the State of New Jersey. Insofar as any of the provisions of this
Section conflict with said laws, they are to be considered void.
-29-
ARTICLE XXII
OFF DUTY POLICE RELATED ACTIVITY
Arrangements by non-municipal entities to secure the services of off-duty Police Officers to
engage in Police-related activities on behalf of such entities within the Borough of Waldwick
shall be made through the Department. Payment therefor shall be made through the Borough at
the rate of remuneration which has been agreed to between such entity and the Police Officers.
In no event shall the Borough be liable to the Officer in an amount greater than the payment it
receives from such private entity, which payment shall include Employer payroll contributions.
Remuneration for such off-duty employment shall not be considered as part of the Employee's
base salary, overtime or computation of overtime.
An Officer engaged in such Police duty related activities shall be considered to be acting in his
official capacity and shall be subject to all of the rights, duties, benefits and obligations of such
status.
-30-
ARTICLE XXIII
PERSONNEL FILES
Section 1:
Section 2:
Section 3:
A separate personal history file shall be established and maintained for each
Employee. Personal history files are confidential records and shall be maintained
and safeguarded, permanently, in the office of the Chief of Police. All awards,
diplomas, certificates and commendations received by an Employee shall become
the personal property of the Employee and a photocopy of same shall be entered
into the Employee's personal file.
Any Employee may, by appointment, inspect and review his personal history file.
Any review of such file shall be made only in the presence of the Chief of Police
or his designated representative.
Whenever a written complaint or any derogatory memo is to be placed in an
Employee's personal history file, a copy of such complaint or derogatory memo
shall be made available to him, and he shall be given the opportunity to rebut it if
he so desires, and he shall be permitted to place said rebuttal in his file.
-31-
ARTICLE XXIV
USE OF PERSONAL VEHICLES
Whenever an Employee's duty assignment requires vehicular transportation, the Borough will
make reasonable effort to supply a Borough-owned vehicle, subject to the scheduling and
manning requirements of the Department and the availability thereof, as determined by the
Chief. Whenever an Employee is required to use his personal vehicle on Borough business, he
shall be compensated for such usage at the rate of the General Service Administration's Privately
Owned Vehicle mileage reimbursement rate.
-32-
ARTICLE XXV
OTHER ITEMS AND CONDITIONS
Section 1:
Section 2:
It is agreed and understood that all existing terms and conditions of employment
and all existing rules and regulations governing the Police Department and Police
force shall continue in full force and effect. The foregoing may be implemented
from time to time by Ordinance adopted pursuant to the laws of the State of New
Jersey and rules and regulations and revisions thereof, approved by the Borough.
In addition to the terms and conditions of this Agreement, the PBA shall be
entitled to all previous benefits contained in the Borough Personnel Ordinance,
which are not in conflict with this Agreement.
Section 3:
Unless a contrary intent is expressed in this Agreement, all existing benefits,
rights, duties, obligations, and conditions of employment applicable to any Police
Officer pursuant toProtected Document Content
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"...uch as weights and measures violations, as well as fish and game violations. Municipal Courts usually only have jurisdiction over cases that occur within the boundaries of the municipality they occurred in. Waldwick Municipal Court holds Court the 2nd and 4th Thursdays at 5:00 p.m. The Court also schedules specia..."
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First Discovered
Apr 3, 2026
Last Info Update
Apr 4, 2026
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