Civil Rights Policy

Affirming The Borough of Eatontown’s Civil Rights Policy

WHEREAS, it is the policy of Borough of Eatontown 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 Borough of Eatontown has determined that certain procedures need to be established to accomplish this policy.

NOW, THEREFORE BE IT ADOPTED by the Governing Body of the Borough of Eatontown that:

Section 1:    No official, employee, appointee or volunteer of the Borough of Eatontown (“Borough”) by whatever title known, or any entity that is in any way a part of the Borough 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’s business or using the facilities or property of the Borough.  

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 to provide services that otherwise could be performed by the Borough.    

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 shall establish written procedures for any person to report alleged discrimination, harassment and violations of civil rights prohibited by this resolution.  Such procedures shall 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.

Section 6:     The Borough Administrator shall establish written procedures that require all officials, employees, appointees and volunteers of the Borough 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 Administrator shall establish 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.  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’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 in order for the public to be made aware of this policy and the Borough’s commitment to the implementation and enforcement of this policy.

General Complaint Procedure:

Any individual who observes alleged wrongdoing on the part of officials, employees, or volunteers associated with Borough of Eatontown may report such action using this procedure.  This includes any action the individual believes to constitute harassment, sexual harassment, or any other wrongdoing. Employees of the Borough of Eatontown shall follow the Employee Complaint Procedure.  All other individuals including volunteers and members of the public may report the alleged wrongdoing to the head of the applicable department or volunteer organization, or, if they prefer, or do not think that the matter can be discussed with the head of the applicable department or organization, they should contact the Borough Administrator, the Human Resources Coordinator/Assistant Coordinator or the Labor Attorney .

Reporting of such incidents is encouraged both when an individual feels that he or she is subject to such incidents, or observes such incidents in reference to other individuals.  The report or complaint should be in writing, but individuals may make a verbal complaint at their discretion.  If an individual has any questions about what constitutes harassment, sexual harassment, or any other workplace wrongdoing, they may ask their supervisor or one of the individuals listed above.  All reports of harassment, sexual harassment, or other wrongdoing will be promptly investigated by a person who is not alleged to be involved in the alleged harassment or wrongdoing. 

No individual will be penalized in any way for reporting a complaint.  There will be no discrimination or retaliation against any individual who files a good‑faith harassment complaint, even if the investigation produces insufficient evidence to support the complaint, and even if the charges cannot be proven.  There will be no discrimination or retaliation against any other individual who participates in the investigation of a complaint. 

If the investigation substantiates the complaint, appropriate corrective and/or disciplinary action will be swiftly pursued.  Disciplinary action up to and including discharge will also be taken against individuals who make false or frivolous accusations, such as those made maliciously or recklessly.  Actions taken internally to investigate and resolve harassment complaints will be conducted confidentially to the extent practicable and appropriate in order to protect the privacy of persons involved.  Any investigation may include interviews with the parties involved in the incident, and if necessary, with individuals who may have observed the incident or conduct or who have other relevant knowledge.  The complaining individual will be notified of a decision at the conclusion of the investigation within a reasonable time from the date of the report an incident.