Section Two: General Information

 

 
line decor
  Employment Manual Index  ::   Avalon Free Public Library
line decor
 
 

Employee-Employer Relations
The Library is committed to implementing fair and effective human resource policies that support and promote a mutually rewarding and open relationship with all staff. We believe that by working together as a team, we can provide the best possible service to our users.

Conditions of Employment
Avalon Free Public Library employees are employed by the Library on an “at will” basis, and compensation and employment can be terminated with or without cause, and with or without notice at any time at the option of the Library Director, the Board of Trustees or the employee. Pursuant to Federal and State law, the Library is barred from engaging in discriminatory practices in hiring or firing.

Equal Employment Opportunity
The Library is an affirmative-action, equal-employment-opportunity employer. It is our policy to consider all applicants for employment on the basis of their qualifications for the job. No person shall be discriminated against in employment because of race, religion, color, sex, age, national origin, ancestry, sexual orientation, marital status, disability, present or past history of mental or physical disorder, military status, or any other protected status in accordance with New Jersey and Federal law.

Pre-Employment Background Checks
To help ensure that the individuals who join the Library are qualified and that the Library maintains a safe and productive work environment, it is the Library’s policy to perform pre-employment screening on applicants before an offer is made. The Library will conduct a reference check, drug test and verification of the applicant’s employment and educational background as stated on the employment application and resume.

In addition to the pre-employment screening conducted by the Library, after a conditional offer of employment has been accepted, a background check will be made by an external agency which will include a criminal history background check and verification of social security number and address. Additional checks such as a driving record or credit record may be made for positions where it is job-related.

For those positions that are subject to pre-employment screening and background checks, all applicants who have accepted a conditional offer for employment will be screened.

All applicants subject to background screening are asked to sign a release form authorizing the appropriate background checks. Any applicant who refuses to sign a release form will no longer be eligible for employment. If an applicant is denied employment in whole or in part because of information obtained in his/her background screening, the applicant will be informed of this and given the name, address and phone number of the screening provider to contact if s/he has specific questions about the result of the screening or wants to dispute the accuracy of the information.

All screenings are conducted in strict conformity with the Federal Fair Credit Reporting Act (FCRA). Any applicant who provides misleading, erroneous or willfully deceptive information to the Avalon Free Public Library on an employment application form, resume or in a selection interview, will immediately be eliminated for further consideration for employment with the Avalon Free Public Library.

Policy against Harassment
The Library is committed to providing a work environment that is free from discrimination or harassment, including sexual harassment, by anyone, including supervisors, co-workers, vendors, Trustees or customers. The term work environment includes any Library-sponsored event.

Harassment is defined as unwelcome conduct, whether verbal, physical, or visual directed at individuals because of their color, race, sexual orientation,ancestry, religion, national origin, age, physical handicap, medical condition, disability, marital status, military status, citizenship status, or other protected group status. The Library will not tolerate harassing conduct which interferes with an individual's work performance, or that creates an intimidating, hostile, or offensive working environment.

Provisions
a) All employees are expected to avoid any behavior or conduct of a harassing nature toward any other employee, applicant for employment, vendor or customer.

b) Sexual Harassment: The Library prohibits sexual harassment of its employees in any form. Such conduct shall result in appropriate disciplinary action, which may include dismissal.

Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication 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.

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 work place, 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;

(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, or offensive, pictures or objects in the workplace;

(4) Any unwelcome sexually motivated touching, including, for example, patting, pinching, hugging, and repeated brushing against another employee's body.

Sexual harassment also occurs when one person harasses another solely because of the person’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, such as comments about the lesser abilities, capacities, or the "proper role" of females or males. It may also include 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 directed to the same or the opposite sex.

Conflict Resolution in the Event of Harassment
If you feel you have been subjected to harassment you should report the incident directly to the Library Director. The Director will ask you to complete a Harassment Complaint Form.

If the complaint is against the Library Director you should report the incident to the President of the Board of Trustees.

You should notify the alleged harasser that you consider the behavior in question to be offensive and unwelcome. However, failure to inform the alleged harasser that the behavior is unwelcome does not prevent you from filing a complaint.

The Library encourages the prompt reporting of complaints so that rapid response and appropriate action may be taken. Any complaint should be reported within 120 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. However, complaints submitted as much as one or two years after the event(s) will be difficult to process because of the delay.

Investigation Procedure
The Library Director and Attorney for the Library shall determine the validity of any complaint. 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 the event that the complaint is against the Director, an objective investigator will be designated to conduct the investigation.

Based on the report findings, the accused may face immediate and appropriate disciplinary action. Disciplinary action may include a written warning, suspension, demotion, or termination of employment. At the discretion of the Library Director, the accused may be suspended without pay with the notification of the Board President, not to exceed three days.

In the event that the Library Director and Attorney for the Library determine the complaint to be without any merit and, in fact, a fabrication, appropriate disciplinary action may be taken against the employee who caused the complaint to be executed.

Privacy
The Library encourages victims of harassment to bring their complaints to management by ensuring that no reprisals or retaliation will result from the reporting of the harassment.

All persons involved in a harassment complaint will be given the utmost protection of privacy. The Library 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. Only those particulars of the matter necessary for a thorough investigation will be revealed. Any employee who unnecessarily compromises the confidentiality of an investigation will be subject to appropriate discipline.

Responsibility of Supervisory Personnel
Administrators are to monitor the work environment to ensure that all subordinates comply with this policy against harassment. When a supervisor learns of a possible violation of this policy, the supervisor shall assist the victim in reporting the alleged incident(s) of harassment to the Library Director or in the case where the complaint is lodged against the Director, to the President of the Board of Trustees. Any employee with questions regarding the Library’s Policy against harassment may contact the Director.

Employee Relations/Problem Solving Procedure
The Library believes that you should have an opportunity to present your work-related concerns and to appeal management decisions through the problem-solving procedure described below.

Many employees and supervisors are able to handle concerns in an informal and confidential manner through discussion. Whenever possible, this method should be used with the goal being an equitable solution to the problem at a point closest to its origination.

Employees who after discussing their concerns with their supervisor believe that their concerns are still unresolved may use the following problem-solving procedure which is designed to provide employees with an easy, yet formal way to resolve any problem. Fostering sound employee-supervisor relations through communication and reconciliation of work-related problems is the goal.

Step 1:
Promptly bring the matter to the attention of your immediate supervisor in an attempt to agree on a satisfactory resolution. If the complaint involves the immediate supervisor you may proceed to Step Two. The supervisor should investigate the concern, attempt to resolve it, and provide you with a decision within a reasonable amount of time. If you feel it would be useful to present your concerns in writing, you should do so.

Step 2:
In the event a satisfactory settlement is not reached in Step 1 or if you do not wish to discuss the problem with your immediate supervisor, you may request a meeting with the Library Director. You may choose to have the conversation with or without your supervisor present and you may document your concerns in a formal written memo. The Library Director will investigate the complaint in a timely manner, confer with you and your supervisor, and recommend a resolution.

Step 3:
In the event a satisfactory resolution is not reached in Step 2, The Library Director will schedule a hearing within four weeks at a mutually agreeable time. The Library Director will bring the matter to the Board and the Board will take the necessary steps to review and investigate the complaint and will then issue a written, final and binding decision within 30 days.

If the grievance relates specifically to the Library Director, the employee must meet with the Library Director to try to resolve their concerns. The employee may choose to invite his or her supervisor, or another advocate, to be present at this meeting. If the matter cannot be resolved, the employee may choose to file a written complaint to the President of the Board of Trustees. The President will determine whether or not it is appropriate for the Board to become involved in the issue and if involvement is warranted, determine the appropriate forum for resolving the employee’s concern.

Final decisions will not necessarily be precedent-setting or binding on future situations unless they are officially stated as Library policy.

Drug and Alcohol - Free Workplace
The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited within the Library. It is our policy to maintain a workplace that is free from the effects of drugs and alcohol abuse.

Violations include, but are not limited to, possessing illegal or non-prescribed drugs and narcotics or alcoholic beverages at work; being under the influence of these substances while working; using them while working; or dispensing, distributing, or illegally manufacturing or selling them on Library premises.

The employment status of any person found to be in violation of this policy will be subject to a review by the Director and the immediate supervisor within the provisions of local, state, and federal law. Violation of this policy may result in suspension without pay or termination of employment.

In addition, in the event that an employee is involved in an on-the-job accident where personal injury or damage to the Library occurs, the employee may also be sent for medical examination that may include a drug and/or alcohol test. Moreover, as part of a follow-up program for treatment of drug and or alcohol abuse, the employee may be required to submit to an alcohol and/or drug test.

An employee will be required to submit to alcohol, drug or controlled substance testing when the employee’s work performance causes a reasonable suspicion that employee is impaired due to current intoxication, drug or controlled substance abuse or in cases where employment has been conditioned upon remaining alcohol, drug, or controlled dangerous substance free following treatment. Refusal to submit to testing when requested may result in immediate disciplinary action, including termination.

Employees must notify their supervisor within five (5) days of conviction for a drug or alcohol related violation, whether or not the violation occurred in the workplace.

Employees using prescription drugs that may affect job performance or safety must notify the Library Director who is required to maintain the confidentiality of any information regarding an employee’s medical condition in accordance with the Health Insurance Portability and Protection. (A program to assist employees who may have a drug/alcohol problem may be provided through the Borough’s Employee Assistance Program.)

Rehabilitation
The Library’s rehabilitation policy balances its respect for individuals with the need to maintain a safe, productive and alcohol/drug-free environment. The intent of this policy is to offer a helping hand to those who need it, while sending a clear message that alcohol abuse or illegal use of drugs is incompatible with employment in the Library.

The Library recognizes the health implications of alcohol or substance abuse on its employees and considers it a treatable illness. As with other illnesses, the Library’s primary objective is to assist in the employee’s rehabilitation. The Library designed this policy to encourage employees to seek help for any substance-abuse problems.

An employee may voluntarily admit to the Library that he or she has an alcohol- or substance- abuse problem without fear of discipline or discharge. However, such admission does not immunize an employee against discharge if his or her alcohol or substance abuse harms others. Upon admission of an alcohol or substance-abuse problem, the individual must immediately enroll in a rehabilitation program. The Library will not take disciplinary action against an employee who voluntarily admits having an alcohol or substance-abuse problem unless that employee refuses to enroll in and complete a rehabilitation program.

Employees who admit to drug or alcohol abuse shall not be deemed to have voluntarily sought rehabilitation under this policy if:

1) Their behavior has provided the Library with reasonable suspicion to require them to submit to a drug and/or alcohol test, or
2) The Library has acquired reasonable suspicion through any other means about an employee’s suspected drug or alcohol abuse.

If an employee is found to have a drug or alcohol problem, the Library will provide the employee with information on where to seek counseling. The costs of counseling may be covered by the employee’s medical insurance. If not, the cost of such outside services is the employee’s responsibility.

Any employee who is abusing drugs or alcohol may be granted an unpaid leave of absence if required by the provisions outlined in the Family and Medical Leave Act to undertake rehabilitation treatment. The employee may not return to work until certification is presented to the Library Director that the employee is capable of performing his or her job.

Return to Employee Manual Index