New Jersey Economic Development Authority

_____________________________________________________________________________________

Employee Handbook

Issue Date: April 2014

Table of Contents

7Section I – Introductory

8New Jersey Economic Development Authority Mission Statement

9Welcome

10Employee Acknowledgement

11Process to Create or Modify a Policy

12Section II – AntiDiscrimination & Harassment

13Americans with Disabilities Act Policy

15Conscientious Employee Protection Act (Whistleblower’s Act)

16Equal Employment Opportunity Policy

17Immigration Compliance Policy

18Policy Prohibiting Harassment and Discrimination

19New Jersey Economic Development Authority Procedures for Internal Complaints Alleging Discrimination in the Workplace

24Section III – Conduct Standards

25Employee Conduct Policy

27Dress Code Policy

28Guidelines For Dress Code Policy

30Drug and Alcohol Policy

32Ethics Policy

33Section IV – NJEDA Communications and Technology

34Company Equipment/Property

35Computer, E-mail, and Internet Usage

38 Ergonomics Policy

39NJEDA Documents and Records Storage and Location Policy

44Employee Data Privacy Policy

48Mobile Phone Use Policy

49Data Protection Policy

51Data Protection Policy (Personally Identifiable Information or PII related.

54Social Media Policy

58Service of Process Policy

61Software Policy

62Use of Company Communication Systems

63Section V – Employee Benefits

64Benefits Overview Policy

70Post Retirement Benefits Policy

72Professional Development

74Holidays

76Auto Assignment & Allowance

78Workers Compensation

80Section VI – Employee Expenses and Compensation

81Business Travel and Miscellaneous Expenses

98Business Travel and Miscellaneous Expenses- Supplement

103General Payroll Information

105Section VII General Employment

106Residency Requirement

108Mandatory Direct Deposit

109Personnel Files Policy

111Nepotism Policy

112Employee Categories Policy

113Fair Labor Standards Acts Salary Basis Requirements Policy

115Hiring Procedures

117Reference/Background Checks

118Separation of Employment Policy

120Section VIII – Miscellaneous

121Authority Credit Card

123Document Shredding Policy

127Professional Memberships

128Recycling Policy

129Smoking Policy

130Section IX – Performance and Compensation

131Overtime

133Performance Evaluation

134Managing Unsatisfactory Performance

136Section X – Safety & Emergency

137Emergency Closings

140Safety

143Section XI – Time & Leave of Absence

144Bereavement Leave

145Donated Leave Program Policy

148Family Medical Leave (FMLA)

155New Jersey Paid Family Leave Act (NJFLA)

158Jury Duty

159Parental Leave of Absence Policy

161Military Leave

162Personal Leave

164Sick Leave Benefits

166Vacation Benefits Policy

168Administrative Leave Benefits Policy

170Witness Days

171Section XII – Work Schedule

172Flexible Work Arrangements

174Office Hours & Work Schedule Policy

Section I – IntroductoryNew Jersey Economic Development Authority Mission Statement

The mission of the NJEDA is to strengthen New Jersey’s economy by retaining and growing businesses through financial assistance, by renewing communities, and by promoting the State’s strategic advantages to attract domestic and international businesses.

Welcome

On behalf of your colleagues, welcome to the New Jersey Economic Development Authority. We believe that each employee contributes directly to NJEDA’s growth and success, and we hope you will take pride in being a member of our team.

This handbook is intended to provide you with general information about working conditions, employee benefits, and NJEDA’s personnel policies. Employees are encouraged to familiarize themselves with the contents of this handbook, as it will answer many common questions concerning employment with the NJEDA. Employees who have questions that are not answered by the handbook should consult with Human Resources.

We hope that your experience here will be challenging, enjoyable, and rewarding. We wish you every success and again, welcome to the NJEDA team!

Employee Acknowledgement

I acknowledge that I have received the NJEDA employee handbook which contains important information about my employment relationship with NJEDA. I understand that it is my responsibility to review and comply with the policies contained within this handbook. I also understand that is my responsibility to consult with Human Resources regarding any questions not answered in the handbook.

I understand that this handbook is not intended to restate all the policies, statutes, or regulations that apply to my employment with the NJEDA. I further acknowledge that this handbook is neither a contract of employment nor a legal document.

I acknowledge that the information, policies, and benefits described in the employee handbook, except for the NJEDA’s policy of employment at will, are subject to change. I understand that any such change will be communicated through official notices. I understand that such change may supersede, modify, or eliminate existing policies. I also understand that only the CEO has the ability to adopt any change to the policies in this handbook.

I further acknowledge that I have entered into my at will employment relationship with NJEDA voluntarily and that there is no specified length of my employment. I understand that the NJEDA or I can terminate the employment relationship, at any time, with or without cause, as long as there is no violation of applicable federal or state law.

Employee Name (please print)

_______________________________________________________________

Employee Signature

_______________________________________________________________

Title

Date

_______________________________________________________________

*Signed document will be filed in employee’s personnel folder.

Process to Create or Modify a Policy

1. Create/Modify policy –Policy recommendation will originate from the operating unit responsible for the function affected. Forwarded by the Director of that unit to HR with a copy to their SVP.

2. Review –

HR will review policy, check for –

· Formatting

· Viability

· Legal Compliance

· Impact on Organization (ie. Fiscal)

3. Approval –

After HR reviews and comments, policy returned to the Director of originating department and copy to SVP. Director finalizes the policy and SVP presents to SLT to discuss any concerns. At which time the policy will either be a) approved; b) disapproved; c) sent back to Director of originating department for revision and resubmission, if applicable.

4. Launch –

· Distribute via everyone e-mail

· Post to handbook on intranet

· Implement with effective date

NOTE: Template for new policies/modification of existing policies has been placed on the Intranet.

Section II – AntiDiscrimination & HarassmentAmericans with Disabilities Act Policy

Effective: January 1, 2010

POLICY

It is NJEDA policy not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training, or other terms, conditions and privileges of employment.

It is the policy of the NJEDA to comply with all federal, state and local laws concerning the employment with disabilities.

DEFINITIONS

Disability – refers to a physical or mental impairment that substantially limits one or more of the major life activities or an individual.

Major Life Activity – may include things such as caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating or working. A major life activity may also include bodily functions such as functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive systems.

Qualified Individual with a Disability – refers to an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the position that the individual holds or has applied for.

Direct Threat – refers to a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.

GUIDELINES

· Requests for accommodation should be made at the earliest possible date, in most instances no later than three business days prior to the date by which an accommodation is needed.

· In order to verify a disability or to evaluate such a request, the NJEDA may require the submission of relevant medical documentation. Such documentation shall be used only for this purpose and will be treated confidentially to the extent required by law.

· Requests will be evaluated on the basis of reasonableness and effectiveness.

· When NJEDA has direct evidence that a medical condition or disability is impairing, or may impair, an employee’s ability to perform his/her job or poses a direct threat, the employee will be required to submit to a medical interview and/or examination.

Conscientious Employee Protection Act (Whistleblower’s Act)

Effective: September 14, 2004

POLICY

In accordance with New Jersey State Law, N.J.S.A. 34:19-1 (S-276) , an employee is protected against retaliatory action because he or she:

· Discloses or threatens to disclose to a supervisor or public body an activity, policy or practice of his/her employer that he/she believes is in violation of a law or regulation.

· Provides information to or testifies before a public body conducting an investigation or hearing concerning such a violation.

· Objects to or refuses to participate in an activity, policy or practice if he/she reasonably believes that it is in violation of a law or regulation or is fraudulent or that it is incompatible with a clear mandate or public policy concerning the public health, safety or welfare.

If an employee believes that he/she has been involved in, or has knowledge of, any action, which may be in violation of law, regulation or public policy, or is fraudulent, or criminal, the employee is urged to notify the Ethics Liaison Officer so that the matter may be investigated and corrected. The New Jersey Economic Development Authority ensures the confidentiality of the report, to the extent possible.

Equal Employment Opportunity Policy

Effective: May 5, 2011

POLICY

NJEDA provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race, color, religion, gender, sexual orientation, national origin, age, disability, genetic information, marital status, or status as a covered veteran in accordance with applicable federal, state and local laws. This policy applies to all terms and conditions of employment, including, but not limited to: hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training.

GUIDELINES

· NJEDA expressly prohibits any form of unlawful employee harassment based on race, color, religion, gender, sexual orientation, national origin, age, disability, genetic information, marital status or veteran status.

· Employees who feel they are being harassed should immediately address this issue with the COO or his/her delegate.

Immigration Compliance Policy

Effective: January 1, 2010

POLICY

In accordance with the Immigration Reform and Control Act of 1986, NJEDA employs only those individuals who are authorized to work in the United States.

GUIDELINES

· All new employees must submit documentary proof of their identity and employment authorization within three days of actual employment. Individuals will be required to complete and sign the U.S. Citizenship and Immigration Services Form I-9.

· Employees authorized to work in the U.S. for a limited period of time must maintain their legal status and will be required to update their I-9 form with appropriate documentation before the expiration of the authorized employment period.

· Regardless of one’s visa status, NJEDA is an AA/EEO employer and does not discriminate upon the basis of national origin or citizenship.

· Any questions or concerns should be directed to Human Resources.

Policy Prohibiting Harassment and Discrimination

Effective: March 31, 2012

POLICY

The NJ Economic Development Authority is committed to maintaining a workplace free of discrimination and harassment. The State policy and procedures are incorporated into this section of the policy manual. The State policy can be found at http://www.state.nj.us/treasury/owid/eeo/eeo-index.shtml, and procedures are provided herein. The NJEDA EEO/AA Officer is the COO. The alternate authorized designee is the Assistant Director of Human Resources and/or other qualified supervisors.

New Jersey Economic Development Authority Procedures for Internal Complaints Alleging Discrimination in the Workplace

Each State department, commission, state college or university, agency and authority (hereafter referred to in this section as “State agency”) is responsible for implementing this model procedure, completing it to reflect the structure of the organization, and filing a copy of the completed procedure with the Department of Treasury, Division of EEO/AA. See N.J.A.C. 4A:7-3.2

1. All employees and applicants for employment have the right and are encouraged to immediately report suspected violations of the State Policy Prohibiting Discrimination in the Workplace, N.J.A.C. 4A:7-3.1.

2. Complaints of discrimination/harassment can be reported to the COO (EEO/AA Officer) , Assistant Director of Human Resources, or to any supervisory employee in the New Jersey Economic Development Authority.

3. Every effort should be made to report complaints promptly. Delays in reporting may not only hinder a proper investigation, but may also unnecessarily subject the victim to continued prohibited conduct.

4. Supervisory employees shall immediately report all alleged violations of the State Policy Prohibiting Discrimination to the COO (EEO/AA Officer). Such a report shall include both alleged violations reported to a supervisor, and those alleged violations directly observed by the supervisor.

5. If reporting a complaint to any of the persons set forth in paragraphs 2 through 4 presents a conflict of interest, the complaint may be filed directly with the Department of Treasury, Office of Workforce Initiatives & Development, Division of EEO/AA (hereinafter referred to as the Division of EEO/AA) , 200 Wolverton Street, Trenton, NJ 08628. An example of such a conflict would be where the individual against whom the complaint is made is involved in the intake, investigative or decision making process.

6. In order to facilitate a prompt, thorough and impartial investigation, all complainants are encouraged to submit a “Discrimination/Harassment Complaint Process” form, located on the NJEDA Intranet. An investigation may be conducted whether or not the form is completed.

7. The NJEDA shall maintain a written record of the discrimination/harassment complaints received. Written records shall be maintained as confidential records to the extent practicable and appropriate. A copy of all complaints (regardless of the format in which submitted) must be submitted to the Division of EEO/AA, by the COO (EEO/AA Officer) , along with a copy of the acknowledgement letter(s) sent to the person(s) who filed the complaint and, if applicable, the complaint notification letter sent to the person(s) against whom the complaint has been filed. If a written complaint has not been filed, the COO (EEO/AA Officer) must submit to the Division of EEO/AA a brief summary of the allegations that have been made. Copies of complaints filed with the New Jersey Division on Civil Rights, the U.S. Equal Employment Opportunity Commission, or in court also must be submitted to the Division of EEO/AA.

8. During the initial intake of a complaint, the COO (EEO/AA Officer) or authorized designee will obtain information regarding the complaint, and determine if interim corrective measures are necessary to prevent continued violations of the State Policy Prohibiting Discrimination in the Workplace.

9. At the COO’s (EEO/AA Officer) discretion, a prompt, thorough, and impartial investigation into the alleged harassment or discrimination will take place.

10. An investigatory report will be prepared by the COO (EEO/AA Officer) or his/her designee when the investigation is completed. The report will include, at a minimum:

a. a summary of the complaint

b. a summary of the parties’ positions

c. a summary of the facts developed through the investigation; and

d. an analysis of the allegations and the facts. The investigatory report will be submitted to the CEO or his/her designee who will issue a final letter of determination to the parties

11. The CEO or his/her designee will review the investigatory report issued by the COO (EEO/AA Officer) or authorized designee, and make a determination as to whether the allegation of a violation of the State Policy Prohibiting Discrimination in the Workplace has been substantiated. If a violation has occurred, the CEO or his/her designee will determine the appropriate corrective measures necessary to immediately remedy the violation.

12. The CEO or his/her designee will issue a final letter of determination to both the complainant(s) and the person against whom the complaint was filed, setting forth the results of the investigation and the right of appeal to the Civil Service Commission, as set forth in Paragraphs 13 and 14, below. To the extent possible, the privacy of all parties involved in the process shall be maintained in the final letter of determination. The Division of EEO/AA shall be furnished with a copy of the final letter of determination.

a. The letter shall include, at a minimum:

I. A brief summary of the parties’ positions;

II. A brief summary of the facts developed during the investigation; and

III. An explanation of the determination which shall include whether:

1. The allegations were either substantiated or not substantiated; and

2. A violation of the State Policy Prohibiting Discrimination in the Workplace did or did not occur

b. The investigation of a complaint shall be completed and a final letter of determination shall be issued no later than 120 days after the initial intake of the complaint referred to in Paragraph 8, above, is completed.

c. The time for completion of the investigation and issuance of the final letter of determination may be extended by the CEO for up to 60 additional days in cases involving exceptional circumstances. The CEO shall provide the Division of EEO/AA and all parties with written notice of any extension and shall include in the notice an explanation of the exceptional circumstances supporting the extension.

13. If the complainant disagrees with the determination of the CEO or his/her designee he/she may submit a written appeal, within twenty days of the receipt of the final letter of determination from the CEO or his/her designee, to the Civil Service Commission, PO Box 312, Trenton, NJ 08625. The appeal shall be in writing and include all materials presented by the complainant at the NJEDA level, the final letter of determination, the reason for the appeal and the specific relief requested.

a. Employees filing appeals which raise issues for which there is another specific appeal procedure must utilize those procedures. The Civil Service Commission Chair may require any appeal, which raises issues of alleged discrimination and other issues, such as examination appeals, to be processed using the procedures set forth in this section or a combination of procedures as the Chair deems appropriate. See N.J.A.C. 4A:2-1.7.

b. The Civil Service Commission shall decide the appeal on a review of the written record or such other proceeding as it deems appropriate. See N.J.A.C. 4A:2-1.1(d).

c. The appellant shall have the burden of proof in all discrimination appeals brought before the Civil Service Commission.

14. In a case where a violation has been substantiated, and no disciplinary action recommended, the party(ies) against whom the complaint was filed may appeal the determination to the Civil Service Commission at the address indicated in Paragraph 13 above, within 20 days of receipt of the final letter of determination by the CEO or designee.

a. The burden of proof shall be on the appellant.

b. The appeal shall be in writing and include the final letter of determination, the reason for the appeal, and the specific relief requested.

c. If disciplinary action has been recommended in the final letter of determination, the party(ies) charged may appeal using the procedures set forth in N.J.A.C. 4A:2-2 and 3.

15. The Division of EEO/AA shall be placed on notice of, and given the opportunity to submit comments on, appeals filed with the Civil Service Commission of decisions on discrimination complaints, regardless of whether or not the complaint was initially filed directly with the Division of EEO/AA.

16. Any employee or applicant for employment can file a complaint directly with external agencies that investigate discrimination/harassment charges in addition to utilizing this internal procedure. The time frames for filing complaints with external agencies indicated below are provided for informational purposes only. An individual should contact the specific agency to obtain the exact time frames for filing a complaint. The deadlines run from the date of the last incident of alleged discrimination/harassment, not from the date that the final letter of determination is issued by the CEO or designee.

Complaints may be filed with the following external agencies:

Division on Civil Rights

N J Department of Law & Public Safety

(Within 180 days for violation of the discriminatory act)

Trenton Regional OfficeAtlantic City Office

140 East Front Street26 Pennsylvania Avenue, 3rd Floor

6th Floor, P.O. Box 090Atlantic City, NJ 08401

Trenton, New Jersey 08625‐0090(609) 441‐3100

(609) 292‐4605

Camden Regional OfficeNewark Regional Office

One Port Center, 4th Floor31 Clinton Street, 3rd Floor

2 Riverside Drive, Suite 402P. O. Box 46001

Camden, NJ 08103Newark, NJ 07102

(856) 614‐2550(973) 648‐2700

United State Equal Employment Opportunity Commission (EEOC)

(Within 300 days of the discriminatory act)

National Call Center – 1‐800‐669‐4000

Newark Area Office*Philadelphia District Office**

1 Newark Center, 21st Floor801 Market Street, Suite 1300

Raymond Blvd at McCarter Hwy (Rt. 21) Philadelphia, PA 19107‐3127

Newark, NJ 07102‐5233(215) 440‐2600

(973) 645‐4684

*Newark Area Office has jurisdiction over the State of New Jersey Counties of Bergen, Essex, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Passaic, Somerset, Sussex, Union and Warren.

**The Philadelphia District Office has jurisdiction over the State of New Jersey Counties of Atlantic,

Burlington, Camden, Cape May, Cumberland, Gloucester, Ocean and Salem.

Issued: March 30, 2012

Section III – Conduct StandardsEmployee Conduct Policy

Effective: January 1, 2010

POLICY

It is the policy of NJEDA that all employees follow rules of conduct that protect the interests and safety of all employees and the organization.

GUIDELINES

The following list is not all-inclusive, but represents examples of conduct that may result in disciplinary action, up to and including immediate termination of employment.

· Theft or inappropriate removal or possession of property.

· Falsification of timekeeping records or other company documents or records.

· Working under the influence of alcohol or illegal drugs; possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the workplace, while on duty, or while operating employer-owned vehicles or equipment.

· Fighting or threatening violence in the workplace, or disruptive activity in the workplace.

· Damage of employer-owned or customer-owned property caused by negligence or intentional conduct.

· Insubordination or other disrespectful conduct.

· Smoking in prohibited areas.

· All forms of unlawful harassment, discrimination or retaliation, including sexual harassment.

· Possession, display, or use of a dangerous or deadly weapon in the workplace.

· Conviction of a crime of the first, second or third degree, or a crime of the fourth degree on the job or directly related to the job.

· Unauthorized disclosure of confidential information.

· Violation of NJEDA policies or Code of Ethics.

Dress Code Policy

Effective: March 3, 2010

Policy

EDA employees are expected to wear appropriate business attire at all times and adhere to the Dress Code Policy.

Guidelines

· This policy applies equally to all NJEDA employees.

· Directors and/or supervisors are responsible for monitoring and enforcing this policy.

· When an employee violates the dress code, he/she will be advised of the inappropriateness and may be sent home to change his/her clothes.

· If an employee is sent home to change, he/she will be required to use time off.

· Repeated policy violations will result in disciplinary action, up to and including termination.

· Please see addendum for appropriate dress code definitions.

Guidelines For Dress Code Policy

WOMEN

MEN

BUSINESS ATTIRE

Required when seeing clients is scheduled or probable.

Dresses or skirts

(no more than 3” above knee)

Sports jacket with dress slacks

Blouses/shirt

(may be sleeveless & collarless)

Dress shirt

Dress shoes or sandals

Tie

Dress shoes

BUSINESS CASUAL

When there may be potential client contact.

Dress Capri pants in business suitable fabric and cut

Dress pants, may include Khakis

Dress pants including Khakis

Dress shirt

Blouses/shirts

(may be sleeveless & collarless)

Tie (optional, but must be available for

client contact)

Sweaters

Dress shoes

Dress shoes or sandals

CASUAL DRESS

When no client contact is scheduled or probable.

Dress Capri pants in business suitable fabric and cut

Collared shirts including turtleneck or mock turtleneck

Dress pants including Khakis

Dress pants including khakis

Blouses/shirts

(may be sleeveless & collarless)

Dress or casual shoes (not sneakers)

Sweaters

Dress shoes or sandals

DRESS DOWN FRIDAY

No client contact is expected or probable.

Denim of any type (including denim dresses, denim skirts, denim shirts, denim pants, etc) that are clean, neat, well‐kept

& in good condition

Denim of any type (including denim shirts, denim pants, etc) that are clean, neat, well‐kept & in good condition

Sneaker

(clean, well‐kept & in good condition)

Sneakers

(clean, well‐kept & in good condition)

NOT APPROPRIATE FOR ANY EMPLOYEE AT ANY TIME

Flip flops of any material, on any day

Shorts

Skorts or culottes

Sweatshirts, sweat pants, warm‐up suits

Stretch pants or leggings

Halter tops, tank tops, midriff tops, spaghetti strap tops, sheer

or see‐through fabric tops, or tops with low‐cut/revealing necklines

T-Shirts

All jewelry worn by employees must not detract from a professional appearance.

Facial piercing jewelry such as, tongue piercing, nose piercing, eyebrow piercing, lip piercing, is

prohibited, unless for religious purposes.

Drug and Alcohol Policy

DRUG AND ALCOHOL USE

It is NJEDA's desire to provide a drug-free, healthful, and safe workplace. To promote this goal, employees are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner.

While on NJEDA premises, while conducting business-related activities off NJEDA premises, and while en-route on company time, no employee may use, possess, distribute, sell, or be under the influence of alcohol or illegal drugs. The legal use of prescribed drugs is permitted on the job only if it does not impair an employee's ability to perform the essential functions of the job effectively and in a safe manner that does not endanger other individuals in the workplace.

Violations of this policy may lead to disciplinary action, up to and including immediate termination of employment, and/or required participation in a substance abuse rehabilitation or treatment program and/or mandatory referral to the Employee Assistance Program. Such violations may also have legal consequences.

Employees with questions or concerns about substance dependency or abuse are encouraged to use the resources of the Employee Assistance Program. They may also wish to discuss these matters with their supervisor or the Human Resources Division to receive assistance or referrals to appropriate resources in the community.

Employees with drug or alcohol problems that have not resulted in, and are not the immediate subject of, disciplinary action may request approval to take unpaid time off to participate in a rehabilitation or treatment program through NJEDA's health insurance benefit coverage. Leave may be granted if the employee agrees to abstain from use of the problem substance; abides by all NJEDA policies, rules, and prohibitions relating to conduct in the workplace; and if granting the leave will not cause NJEDA any undue hardship.

Under the Drug-Free Workplace Act, an employee who performs work for a government contract or grant must notify NJEDA of a criminal conviction for drug-related activity occurring both in and out of the workplace. The report must be made within 5 days of the conviction. If the convicted employee is employed in a program which is supported by Federal funds, the CEO will notify the appropriate Federal agency within 10 days of receipt of notice from the convicted employee.

The CEO will provide Human Resources with the following information:

a. Date of the conviction

b. Disciplinary action taken

c. Whether the employee is one whose duties involve the performance of a Federal grant

d. Date the Federal grantor agency was notified of the conviction

Employees with questions on this policy or issues related to drug or alcohol use in the workplace should raise their concerns with their supervisor or the Human Resources Division without fear of reprisal.

Ethics Policy

Effective: May 6, 2011

POLICY

In order to establish the general standards of conduct necessary for the proper and efficient operation of the Authority, it is the policy of the NJEDA to follow the New Jersey State Ethics Commission “Uniform Ethics Code.” Employees and Board Members are expected to review, understand, and strictly adhere to the Code. Employees and Board Members should seek advice or clarification from the Ethics Liaison Officer or from the Ethics Commission if they have any questions concerning their obligations under the Code. A general synopsis of the Code is summarized in the “Plain Language Guide to New Jersey’s Executive Branch Ethics Standards.”

DEFINITIONS

Code – Code of Ethics; “Uniform Ethics Code”

Ethics Liaison Officer – The NJEDA Director of Internal Process Management or designee

Employee – Any person employed by the EDA

Board Member – Any of the five (5) ex-officio representatives, eight (8) representatives appointed by the Governor, three (3) alternate appointed representatives, and any other individuals officially designated to lawfully vote on NJEDA matters, as established by N.J.S.A. 34:1B-4, as it may be amended. NOTE: Board Members are designated as “Special State Officers” under the “Uniform Ethics Code.” This designation also applies to all ex-officio representatives assigned to the EDA.

PROCEDURE

The “Plain Language Guide to New Jersey’s Executive Branch Ethics Standards” can be accessed on the New Jersey State Ethics Commission website at: http://nj.gov/ethics/docs/ethics/plainlanguage.pdf

The “Uniform Ethics Code” is located at:

http://nj.gov/ethics/docs/ethics/uniformcode.pdf

All new employees are required to sign off upon receipt of these documents. Training:

All employees and board members are required to complete annual Ethics training.

Section IV – NJEDA Communications and TechnologyCompany Equipment/Property

Effective: -----------

POLICY

As an employee of the New Jersey Economic Development Authority you are obliged to adhere to the following conditions regarding your use of company property:

· Employees are responsible for all company property, materials, or written information issued to them or in their possession or control.

· Employees must return all company property immediately upon request or upon termination of employment.

· Where permitted by applicable laws, the company may withhold from the employee’s check or final paycheck the cost of any items that are not returned when required.

· The company may also take all action deemed appropriate to recover or protect its property.

THEFT OF COMPANY EQUIPMENT/PROPERTY

Any employee of the New Jersey Economic Development Authority who is found guilty of the theft of company property or equipment will be subject to summary dismissal.

DELIBERATE DAMAGE TO COMPANY EQUIPMENT/PROPERTY

If any employee of the New Jersey Economic Development Authority who is involved in a deliberate act of vandalism or damage to company property, the employee shall be held financially responsible for the repair or replacement of the property.

A deduction from his/her wages will be authorized to cover the appropriate costs.

Disciplinary action will also result.

Computer, E-mail, and Internet Usage

Effective: May 10, 2011

GENERAL

Computers, computer files, the prevailing e-mail system and all software furnished to employees are NJEDA property intended for business use only.

The NJEDA strives to maintain a workplace free of harassment and sensitive to the diversity of its employees. Therefore, NJEDA prohibits the use of computers and the e-mail system in ways that are disruptive, offensive to others, or harmful to morale. For example, the display or transmission of sexually explicit images, messages, and cartoons is not allowed.

Other such misuse includes, but is not limited to, ethnic slurs, racial comments, off-color jokes, or anything that may be construed as harassment or showing disrespect for others.

Employees should notify their immediate supervisor, the CIO or the CT&LO upon learning of policy violations.

NJEDA reserves the right to access, monitor and report any files, computers, desks, etc., at any time, to ensure compliance with Authority policies and procedures.

PASSWORDS

Passwords must be a minimum of six characters and must contain at least three out of the four types of characters: uppercase, lowercase, or numeric. Passwords will be reset every 60 days, and they may not be reused within 24 months.

In order to ensure the integrity of files and to further protect the network from unauthorized intrusion, passwords must not be shared. Please note that audit trail reports identify and place accountability at the origin of login.

INTERNET & INTRANET

NJEDA Internet and Intranet resources are provided to support and further our business objectives. Minimal personal use is allowed; all policies apply to personal use.

NJEDA resources may not be used to:

· Violate any local, state, province, federal or national law or regulation, including copyright, trade secret, patent or other intellectual property rights.

· Circumvent any other NJEDA policy or standard.

· Threaten, deceive, defraud, harass, defame, intimidate or offend others.

· Access pornography, gambling venues, non-business related chat rooms or message boards.

· Run a side business or pursue other venues for personal gain.

· Gain or attempt to gain illegal access into another computer network or system.

· Post or send company information that is not publicly available or intentionally post false information that damages NJEDA’s reputation.

· Create, execute, store or intentionally propagate non-business files, such as computer games, viruses, worms, password capturing programs, Trojan horses, offensive images, videos or audio recordings, etc.

· Disrupt or disable NJEDA resources or prevent other authorized personnel from using these resources.

· Send chain letters, unauthorized solicitations or advertisements.

HARDWARE LOANS

Laptops can be signed out on a forty-eight (48) hour basis with extensions possible, with business justification, via a Track-It work order.

Presentation equipment can be signed out on an “as needed” basis for both internal and external presentations via a Track-It work order.

BACK-UP PROCEDURES

Only shared drives are backed up. In the event of a catastrophic failure, restoration of local drives is not possible. Please use the shared drives when saving anything requiring back up.

E-MAIL SYSTEM GENERAL RULES

· E-mail should be used for short, brief messages.

· Remember: Every message has the potential of being read by many.

ETIQUETTE TIPS

· Avoid using full “CAPS” - It signifies shouting.

· Always fill in the “Subject” field.

· Don’t forward messages without sender’s consent.

Ergonomics Policy

Effective: xxxxxxxxxxxxxxx

POLICY

Ergonomics is the study of people and their interaction with the elements of their jobs or tasks, including equipment, tools, facilities, processes, and environment. It is a multidisciplinary field of study that integrates engineering, medicine, design, and industrial psychology.

In a more practical sense, ergonomics is the science of human comfort. When aspects of work or the workplace challenge or stress the human body beyond its capabilities, the result is often a musculoskeletal injury (MSI). MSIs are also known by several other names, including:

· O/E (overexertion injury)

· RSIs (repetitive stress or repetitive strain injuries)

· ASTDs (activity-related soft tissue disorders)

· CTDs (cumulative trauma disorders)

Whatever name is used, these injuries belong to a group of sprain and strain injuries that can affect muscles, nerves, tendons, ligaments, joints, cartilage, blood vessels, or spinal discs in the body. MSIs do not include injuries resulting from slips, trips, falls, cuts, motor vehicle accidents, or similar accidents; however, a close look at the causes of these acute injuries often reveals design problems that can be corrected. To help avoid MSIs, work demands should not exceed the physical capabilities of the worker.

POLICY

It is the policy of the New Jersey Economic Development Authority to provide all workers with a healthy and safe workplace.

The New Jersey Economic Development Authority maintains records documenting the identification, assessment, and control of worker exposure to ergonomics risk factors, in accordance with the applicable laws and regulations.

NJEDA Documents and Records Storage and Location Policy

Effective: -----------

POLICY

The purpose of this policy is to:

· Direct the creation, version control and capture of official NJEDA documents

· Ensure official NJEDA documents are authoritative, current and managed

· Ensure that outdated documents are not used to facilitate NJEDA business

· Ensure that all NJEDA documents of an official nature are stored on the NJEDA document management system or on specified and approved NJEDA network drives

· Ensure that information whatever form it is in is NOT stored solely on computers and networks that are not part of the document management system or network drives which are backed up

This policy applies to:

· Those NJEDA documents created by NJEDA staff to facilitate official NJEDA business that are required to be managed to ensure version control, access control, currency and authority such as templates and forms

· Those high level official documents that should be versioned controlled and audited throughout their development prior to becoming a record such as policy documents and contract documents

This policy does NOT include those documents created to facilitate low level local administrative activities.

PROCEDURE

FileNet is the official document management system for those NJEDA documents that require version control, access control, auditing, and an assurance of currency. These documents should not be managed in the NJEDA I: drive system.

This guideline is intended to assist staff who create and/or receive official NJEDA documents to capture these records into FileNet by enabling them:

· To identify those documents that should be managed in FileNet—that is NOT stored in I: Drive or other shared drives or elsewhere (such as in Outlook folders or on PCs)

· To identify documents that should be managed outside of FileNet—that is stored on I: Drive or elsewhere.

It is the responsibility of the creator of the document to register the document into FileNet if it should be stored there—or to place it on I: Drive if that is the appropriate storage location.

What Documents Should be Managed in FileNet opposed to I: Drive or other Shared Drives?

Documents can be in any medium (hard copy or electronic; and electronic documents can be of any file type, e.g. Word, Excel, PowerPoint, scripts, Databases, e-mail, etc)

Documents are created by NJEDA staff for wide ranging purposes and are managed in a variety of ways including the shared NJEDA I: drive system. It is not necessary or desirable for all NJEDA documents to be managed in FileNet however. Version controlling every change to every Excel spreadsheet for example would soon require vast quantities of storage space in FileNet.

Documents may or may not be a record. If a document is a record then it should be registered into FileNet.

If the document is not a record then the following checklist will assist staff in managing the appropriate documents in FileNet opposed to storing and managing them in I: Drive or elsewhere as appropriate.

Records vs. Documents – what’s the difference?

It is important to understand the difference between documents and records; however the most important consideration is that some documents are records because they have participated in a business transaction or were created to document such a transaction. Conversely, some documents are not records because they do not function as evidence of a business transaction.

RECORDS

In order to support and document NJEDA business transactions and decisions, it is important that official records be created at the time of the transaction or decision.

It is the responsibility of the NJEDA staff member involved to ensure that the official record/s provide a true and accurate account of the transaction or decision.

A record may constitute:

· A written file note (hard copy or electronic)

· An e-mail

· A voice recording

· Minutes/meeting papers

· A report

· Correspondence

· A film or video recording

· A facsimile

An official record needs to document a decision or the outcome of a transaction and the circumstances directly leading to the decision/transaction. An official record should be understood some time after the event by a person not involved with the transaction at the time of its occurrence. At a minimum it should include the:

· Date of the transaction/decision

· Names of the relevant parties

· Nature of the transaction, and the

· Classification terms describing the transaction

All official NJEDA records are to be created and/or registered in the NJEDA Document Management System (FileNet).

DOCUMENTS

Documents are created by NJEDA staff for wide ranging purposes and are managed in a variety of ways including on FileNet, which provides for the management of documents throughout their life cycle which includes creation, version control, security access and auditing, information sharing and collaboration. Documents may also be stored and managed on the shared NJEDA I: drive system if that is the appropriate location for them based on the guidelines outlined in this policy.

It is not necessary or desirable for all NJEDA documents to be managed in FileNet as the majority of documents created in the course of NJEDA business are of a facilitative, general or low level nature. These are not managed at all or if they are then they are stored and managed in the NJEDA I: drive system or elsewhere as appropriate or as departmental guidelines specify.

Documents that are to be managed in FileNet (opposed to stored in I: Drive) include:

· NJEDA documents created by NJEDA staff to facilitate official NJEDA business that are required to be managed to ensure version control, access control, currency and authority such as templates and forms

· High-level official documents that should be versioned controlled and audited throughout their development prior to becoming a record such as policy documents and contract documents

CLASSIFICATION

In order to facilitate the management and retrieval of official records and documents, they must be classified according to their business function. This ensures that records and documents are placed in context with other official records documenting the same or similar transactions/decisions.

Classification is undertaken using the folder structure in FileNet or the folder structure in the shared NJEDA I: drive system). It is the responsibility of the staff member capturing the record to ensure that it is classified appropriately.

Classifying NJEDA records and documents assist staff to:

· Organize information in a way that is meaningful to the business

· Facilitate access to information related to a topic or business activity and to provide links to similar information sources

· Classify the context or role of information

· Provide a basis for the development and application of retention schedules to manage information throughout its lifecycle

· Facilitate eventual destruction of redundant files and folders

· Ensure that information is named in a consistent manner over time

CAPTURE

Official records and documents are captured by saving/registering them into FileNet. This ensures that official records are available (subject to access restrictions) to the NJEDA for future use and/or reference. It is the responsibility the staff member to ensure the capture of official records and documents created by them. It is also the responsibility of the staff member to ensure capture of official records sent to them from external organizations or individuals.

Alternate recordkeeping and document management systems should not be used for the maintenance of official NJEDA records and documents. Only Filenet and the shared NJEDA I: drive system should be used.

NOTE: Personnel records are maintained by the Human Hesources information management system, and those records and documents otherwise not considered official records should not be captured in FileNet. These are stored and maintained on the shared NJEDA I: drive system.

Employee Data Privacy Policy

Effective: -----------

POLICY

The privacy and security of the personal data collected from you is a priority to the New Jersey Economic Development Authority (NJEDA). It is equally important to us that you understand how we handle this data. This policy includes any separate privacy notices that may provide more detail regarding personal information we collect, why we need that information, and the choices you may have about the ways we use that information. For example, from time to time, you may be asked to expressly consent in writing to certain additional terms. This separate agreement will supplement or amend this policy, but only with respect to the matters governed by such a separate agreement.

By your employment, you expressly acknowledge that you have read, understand and agree to all of the terms of this Employee Data Privacy Policy, as outlined below and as it may be modified by us from time to time without prior notice.

Collection of Data

To conduct business and to comply with government regulations (employment, tax, insurance, etc), we collect various personal and other data depending on your employment responsibilities, citizenship, location of employment, and other factors. Such data may include your name, user ID's, phone numbers, e-mail address, mailing addresses, banking and other financial data, government identification numbers (i.e., social security numbers, tax payer ID's, driver’s license, etc), date of birth, gender, race, ethnicity, health and disability data, family-related data (i.e., marital status, personal and health-related data on family members, etc), business organization data (primarily for contractors), and any other necessary data. If you send any unsolicited data to the NJEDA by any means you explicitly consent to storage, destruction, processing, disclosure, and/or any other use by the NJEDA or any subcontractor of the NJEDA.

Use of the Data We Collect

We may use your data as follows:

· To identify you personally

· To communicate with you

· To comply with human resource requirements

· To comply with government regulations

· To provide employee benefits (compensation, health insurance, expense reimbursements, etc).

Disclosure of Data

We disclose your personal information in the following circumstances:

Legal requests and investigations – We may disclose any data about you when, in our opinion, such disclosure is necessary to prevent fraud or to comply with any statute, law, rule or regulation of any order of any court of competent jurisdiction

Third-party service providers – We may, from time to time, outsource some or all of the operations of our business to third-party service providers. In such cases, it will be necessary for us to disclose your data to those service providers. In some cases, the service providers may collect data directly from you on our behalf. We restrict how such service providers may access, use and disclose your data.

Agents – We employ other companies and individuals to perform functions on our behalf. Examples include processing compensation, providing employee benefits, and performing legal and other professional services. These agents have access to your data as needed to perform their functions, but they are not permitted to use it for other purposes.

Protection of the NJEDA and others – We release data when we believe release is appropriate to comply with the law; enforce or apply our policies and other agreements; or protect the rights, property, or safety of the NJEDA, our employees, or others. Obviously, however, this does not include selling, renting, sharing or otherwise disclosing personally identifiable data from employees for commercial purposes in violation of the commitments set forth in this Employee Data Privacy Policy.

Updating and Accessing Your Personal Data

You must immediately update your data when and if it changes so that we can maintain accurate data about you in order to perform necessary activities such as paying you and providing you with benefits. Although you may change your data, we may continue to keep historical data about you. Therefore, you should not expect that all of your historical data will be removed from our databases at the time you notify us of changes.

Retention of Your Personal Data

Upon your separation from employment with the NJEDA, your personal information shall be retained and destroyed according to our document retention policy and in compliance with applicable laws and regulations.

Security of Your Personal Data

We employ security measures and technologies, such as password protection, encryption, physical locks, etc., to ensure the confidentiality of your personal data. If you are authorized to have access to the personal data of others, it is important that you take appropriate safeguards to protect this personal data. Examples include:

· Paper and other hard copies containing personal data should be secured in a locked location when not in use

· Computers and other access points should be secured when not in use by logging out or locking

· Passwords and user ID's should be guarded and not shared

· When no longer necessary for business purposes, paper and hard copies should be immediately destroyed using paper shredders or other approved devices

· Do not leave copies in unsecured locations waiting to be shredded or otherwise destroyed

· Do not make or distribute unauthorized copies of documents and other tangible mediums containing personal data

· Electronic files containing personal data should only be stored on secured computers and not copied or otherwise communicated to unauthorized individuals within or outside of the NJEDA

The NJEDA also uses e-mail filters to block spam and computer viruses. It is possible that some legitimate e-mail messages and websites may be blocked or hindered by these filters. E-mail caught in the NJEDA ’s spam filtering service may be retrieved upon request to the I.T. Help Desk. Please contact the I.T. Help Desk for assistance.

Violations of Policy

Compliance with this Employee Data Privacy Policy is important to the NJEDA. Any potential violation of these privacy policies should be reported to the HR Director at the NJEDA. Failure to follow these privacy policies may result in discipline, up to and including separation, of the employee. Any questions or suggestions regarding these policies may also be directed to the HR Director at the NJEDA.

The NJEDA reserves the right to change, supplement and/or amend this notice at any time; in such cases this will be notified through our website and/or any other methods allowed by applicable law.

Consent to Policy

Employee Name (printed): ____________________________________________________

Employee Signature: _________________________________________________________

Date: ___________________

Mobile Phone Use Policy

Effective: -----------

POLICY

Mobile phones shall be turned off or set to silent or vibrate mode during meetings, conferences and in other locations where incoming calls may disrupt normal workflow.

Employees may carry and use personal mobile phones while at work on a sporadic basis. If employee use of a personal cell phone causes disruptions or loss in productivity, the employee may become subject to disciplinary action per company policy.

Personal mobile phones shall be used for company business on a sporadic basis. Employees may be reimbursed for the incoming calls to their personal cell phones. Employees shall not be reimbursed for outgoing calls made from their mobile phones unless prior authorization is obtained from their immediate supervisor.

If an employee is operating a company vehicle and receives a call on a cell phone, the employee may answer, but shall ask the caller to hold, put the phone down and pull to the side of the roadway, into a parking lot or other safe location to respond to the call. Failure to follow this policy may result in disciplinary action up to and including termination.

Data Protection Policy

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POLICY

As a member of the New Jersey Economic Development Authority you will inevitably be involved in processing personal data for the New Jersey Economic Development Authority as part of your job.

Data protection is about the privacy of individuals, and is governed by the Computer Fraud and Abuse Act 1986 (among others listed below). This Act defines, among others, terms as follows:

· "Data" generally means information which is computerized or in a structured hard copy form

· "Personal data" is data which can identify someone, such as a name, a job title, or a photograph

· "Processing" is anything you do with data – just having data amounts to processing

· “Data controller" is the person who controls the purposes and manner of processing of personal data – this will be the New Jersey Economic Development Authority in the case of personal data processed for the business

Whenever and wherever you are processing personal data for the New Jersey Economic Development Authority you must keep it secret, confidential, and secure; and you must take particular care not to disclose it to any other person (whether inside or outside of the New Jersey Economic Development Authority) unless authorized to do so. Do not use any such personal data except as authorized by the New Jersey Economic Development Authority for the purposes of your job. If in doubt get help from your manager/department head.

The Computer Fraud and Abuse Act 1986 (among other laws) gives every individual the right to see all of the information that any data controller holds about them. Bear this in mind when recording personal opinions about someone, whether in an e-mail or otherwise. It is another reason why personal remarks and opinions must be made or given responsibly, and they must be relevant and appropriate as well as accurate and justifiable.

The Computer Fraud and Abuse Act 1986 provides that it is a criminal offense to obtain or disclose personal data without the consent of the data controller. "Obtaining" here includes the gathering of personal data by employees at work without the authorization of the employer. You may be committing this offense if without the authority of the New Jersey Economic Development Authority you exceed your authority in collecting personal data; you access personal data held by the New Jersey Economic Development Authority; or, you pass data on to someone else (whether inside or outside of the New Jersey Economic Development Authority).

While the New Jersey Economic Development Authority is a data controller of all personal data processed for the purposes of our business, you will be a data controller of all personal data processed in any personal e-mail which you send or receive. Use for social, recreational or domestic purposes attracts a wide exemption under the Computer Fraud and Abuse Act 1986, but if, in breach of this policy, you are using our communications facilities for the purpose of a business which is not the New Jersey Economic Development Authority’s business, then you will take on extensive personal liability under the Computer Fraud and Abuse Act 1986.

Data Protection Policy (Personally Identifiable Information or PII related.

To help you understand and comply with the New Jersey Economic Development Authority’s obligations as a data controller under the Computer Fraud and Abuse Act 1986 you may be offered, and you may also request, training. Whenever you are unsure of what is required or you otherwise need guidance in data protection, you should consult our Data Protection Officer or any member of the data protection team. The New Jersey Economic Development Authority’s privacy statements and information about our data protection policies can be found on the New Jersey Economic Development Authority’s intranet.

Compliance with this policy

Failure to comply with this policy may result in disciplinary action being taken against you under the New Jersey Economic Development Authority’s disciplinary procedures, which may include dismissal, and/or the withdrawal of permission to use the company’s equipment for personal purposes. If there is anything in this policy that you do not understand, please discuss it with your line manager/departmental head.

Please note that the procedures and policies outlined in this policy, and in any related policy, may be reviewed or changed at any time. You will be alerted to important changes and updates will be published on our intranet.

From the GSA on PII related policies—

http://www.gsa.gov/portal/content/104256

7. Protecting PII: GSA CIO P 2100.1E lists measures that should be taken to protect PII. Chapter 4, Policy of Operational Controls, Section 22, Personally Identifiable Information, has security requirements for the protection of PII.

a. If it is a business requirement to store PII on GSA user workstations or mobile devices including, but not limited to, notebooks computers, USB drives, CD- ROMs/DVDs, personal digital assistants and Blackberries, PII must be encrypted using a FIPS 140-2 certified encryption module. An employee or contractor shall not physically take out PII from GSA facilities (including GSA-managed programs housed at contractor facilities under contract., or access remotely (i.e., from locations other than GSA facilities., without written permission from the employee’s supervisor, the data owner, and the IT system authorizing official. This applies to electronic media (e.g. laptops, Blackberries, USB drives., paper, and any other media (e.g. CDs/DVDs. that may contain PII.

b. PII shall be stored on network drives and/or in application databases with proper access controls (i.e., User IDs/password. and shall be made available only to those individuals with a valid need to know.

c. Log all computer-readable extracts from databases holding PII and verify each extract including PII has been erased within 90 days or its use is still required.

d. Creation of computer-readable data extracts that include PII shall be maintained in an official log, including reactor, date, type of information, and user.

e. If PII needs to be transmitted over the Internet, it must be sent using encryption methods defined in the GSA Information Technology (IT. Security Policy (GSA CIO P 2100.1E, Ch. 4, para. 22).

f. All incidents involving data breaches which could result in identity theft must be coordinated through the Senior Agency Information Security Officer (SAISO. and the GSA Management Incident Response Team (MIRT. using the GSA Information Breach Notification Policy (9297.2A HCO, February 26, 2009).

g. GSA-managed computers that collect and store PII must adhere to all PII requirements.

h. If PII needs to be e-mailed within the GSA network, at a minimum Lotus Notes encryption is required.

i. If PII needs to be sent by courier, printed, or faxed, several steps should be taken. When sending PII by courier, mark “signature required” when sending documents. This creates a paper trail in the event items are misplaced or lost. Don’t let PII documents sit on a printer where unauthorized employees or contractors can have access to the information. When faxing information, use a secure fax line. If one is not available, contact the office prior to faxing so they know information is coming, and contact them after transmission to ensure they received it. For each event the best course of action is to limit access of PII only to those individuals authorized to handle it, create a paper trail, and verify information reached its destination.

8. Privacy and Security Awareness Training and Education:

a. All employees and contractors must complete Security Awareness training and Privacy Training 101 within 30 days of employment. All GSA employees and contractors must complete Security Awareness training and Privacy Training 101 annually.

b. All GSA employees and contractors must complete Security Awareness training and Privacy Training 101 annually.All employees and contractors must complete Security Awareness training and Privacy Training 101 within 30 days of employment.

c. All employees and contractors who have information security responsibilities as defined by 5 CFR 930.301 and GSA IT Security Training Policy (April 13, 2006. must complete specialized IT security training as defined in the policy.

d. All employees and contractors who have significant privacy information responsibilities must complete specialized Privacy Training 201.

e. All GSA employees and contractors, who work with personally identifiable information or have access to other people’s information, must complete Privacy Training 201.

f. Failure to comply with annual awareness and specialized training requirements will result in termination of e-mail privileges.

9. Information Data Breach: A data breach is when PII is viewed, leaked, or accessed by anyone who is not the individual or someone authorized to have access to this information as part of his/her official duties. In accordance with GSA IT Security Procedural Guide: Handling IT Security Incidents, a "security incident" is "[a] set of events that have been examined and determined to indicate a violation of security policy or an adverse effect on the security status of one or more systems within the enterprise.” When it has been determined that PII has been compromised, refer to GSA Information Breach Notification Policy (see link above).

Social Media Policy

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POLICY

The New Jersey Economic Development Authority recognizes that there are legitimate business and personal reasons for using social media at work or using corporate computing resources. To enable employees to take advantage of the business value of these sites and to promote an open, trusting, collaborative workplace, the New Jersey Economic Development Authority policy allows all employees to use social media within the guidelines specified below.

What is Social Media?

Social media includes any web site in which visitors are able to publish content to a larger group.

Inappropriate Content Policy

While social media contains legitimate business and personal content, they also include content that is inappropriate for the workplace including nudity, violence, abused drugs, sex, and gambling. Therefore, the same inappropriate content policy that applies to the broader web, also applies to content found within social media. Inappropriate content should not be accessed by employees while at work, or while using company resources. In addition to these guidelines, employees should use common sense and have consideration for others in deciding which content is appropriate for the workplace.

The company employs technical controls to provide reminders, monitor, and enforce this policy.

Productivity Policy

The New Jersey Economic Development Authority recognizes that employees have a need, at times, to conduct personal business within social media while at work or using company resources. Therefore, the New Jersey Economic Development Authority allows limited access to non-business social media content. For example, employees are allowed to access personal communications applications, e-mail, and blog content within social media. It is the responsibility of the employee to ensure that personal business does not affect work quality or productivity.

The company employs technical controls to provide reminders, monitor, and enforce this policy.

Content Publishing and Confidentiality Policy

The following are policy guidelines regarding what you should and should not do when publishing content in social media. These guidelines apply to all social media communications whether personal or company-sponsored. Employees are responsible for content they publish in social media and can be held personally liable for content published. Employees also can be subject to disciplinary action by the New Jersey Economic Development Authority for publishing inappropriate or confidential content. These guidelines only cover a sample of all possible content publishing scenarios and are not a substitute for good judgment.

· DO know and follow all privacy and confidentiality guidelines in the New Jersey Economic Development Authority Employee Handbook. All guidelines in the employee handbook, as well as laws such as copyright, fair use and financial disclosure laws apply to social media.

· DO NOT disclose or use the New Jersey Economic Development Authority’s confidential or proprietary information or that of any other person or company. For example, ask permission before posting someone's picture in a social network or publishing in a blog a conversation that was meant to be private.

· DO NOT comment on the New Jersey Economic Development Authority’s confidential financial information such as future business performance or business plans.

· DO NOT cite or reference customers, partners or suppliers without their written approval.

· DO identify yourself. Some individuals work anonymously, using pseudonyms or false screen names. The New Jersey Economic Development Authority discourages that practice.

· DO be professional. If you have identified yourself as a New Jersey Economic Development Authority employee within a social website, you are connected to your colleagues, managers and even the New Jersey Economic Development Authority’s customers. You should ensure that content associated with you is consistent with your work at the New Jersey Economic Development Authority.

· DO ask permission – to publish or report on conversations that are meant to be private or internal to the New Jersey Economic Development Authority and when in doubt, always ask permission from the New Jersey Economic Development Authority’s legal department.

· DO speak in the first person when engaging in personal social media communications. Make it clear that you are speaking for yourself and not on behalf of the New Jersey Economic Development Authority.

· DO use a disclaimer – If you publish personal social media communications about the New Jersey Economic Development Authority and it has something to do with the work you do or subjects associated with the New Jersey Economic Development Authority, then use a disclaimer such as this: "The postings on this site are my own and don't necessarily represent those of the New Jersey Economic Development Authority.”

· DO link back to the source – When you do make a reference to a customer, partner or supplier, where possible link back to the source.

· DO be aware of your association with the New Jersey Economic Development Authority regarding use of social media – If you identify yourself as a New Jersey Economic Development Authority employee, ensure your profile and related content is consistent with how you wish to present yourself with colleagues and customers.

· DO use your best judgment – Remember that there are always consequences to what you publish. If you're about to publish something that makes you even the slightest bit uncomfortable, review the suggestions above and think about why that is. If you're still unsure, and it is related to the New Jersey Economic Development Authority’s business, feel free to discuss it with your manager or simply do not publish it. You have sole responsibility for what you post to your blog or publish in any form of social media.

· DO NOT use ethnic slurs, personal insults, obscenity, or engage in any conduct that would not be acceptable in the New Jersey Economic Development Authority’s workplace. You should also show proper consideration for others' privacy and for topics that may be considered objectionable or inflammatory.

· DO NOT conduct confidential business with a customer or partner business through your personal or other social media.

· DO NOT register accounts using the New Jersey Economic Development Authority brand name or any other unregistered or registered trademarks.

The New Jersey Economic Development Authority employs technical controls to provide reminders, monitor, and enforce these guidelines.

Malware and On-line Crime Prevention

Social media is commonly used by the on-line criminal community to deliver malware and to carry out schemes designed to damage property or steal confidential information. To minimize risk related to such threats, adhere to the following guidelines. While these guidelines help to reduce risk, they do not cover all possible threats and are not a substitute for good judgment.

· Do not use the same passwords for social media that you use to access company computing resources

· Do not follow links or download software on social media pages posted by individuals or organizations that you do not know

· Use a security application such as Defensio (www.defensio.com) to protect personal and company social media pages

· If any content you find on any social media web page looks suspicious in any way, close your browser and do not return to that page

· Configure social media accounts to encrypt sessions whenever possible. Facebook, Twitter and others support encryption as an option. This is extremely important for roaming users who connect via public Wi-Fi networks.

The company employs technical controls to provide reminders, monitor, and enforce this policy.

Service of Process Policy

Effective: -----------

OBJECTIVE

To handle Service of Process for lawsuits appropriately.

DEFINITION

“Service of Process” includes, but is not limited to, summons, complaints, and discovery.

“Service of Process” does not include subpoenas or notices of tort claims. “Service of Process” does not include federal cases.

POLICY

It is the policy of the NJEDA that Service of Process will be accepted and handled by the New Jersey Division of Law- Attorney General’s Office. Service of Process will not be accepted by the staff of NJEDA. Information may be received through a variety of methods, including, but not limited to, personal delivery, courier service, fax, e-mail, etc.

PROCEDURES

Named-NJEDA

1. When the New Jersey Economic Development Authority (NJEDA. is named, service must be on the Attorney General)

Personal Deliveries

1. If the Process Server tries to serve process of the NJEDA, the Receptionist will notify the Process Server that the Attorney General must be served.

2. The Receptionist will hand the Server a pre-established letter, which directs him/her to the Attorney General’s office. (See “To Whom It May Concern” below for a copy of this letter)

3. If the Receptionist needs assistance regarding the matter, the Receptionist will contact the OPRA Custodian and the appropriate division for the assistance—usually Lending Services or Real Estate.

All Other Incoming Documentation

1. If the service is mailed, faxed, or otherwise received by the NJEDA, the recipient of any documentation should immediately forward the information to the appropriate NJEDA representatives:

· OPRA Custodian (Primary.

· Director of Lending Services Division

· Director of Real Estate

2. The OPRA Custodian will send the original complain, along with the pre-established letter, to the Party that is attempting to serve.

3. The OPRA Custodian should also give immediate notice to the DAG’s office.

Named-Employee or Board Member

1. When an Employee or Board Member is personally named, service must be on that person.

2. If the Employee or Board Member is available, the Receptionist will request s/he comes to the front desk.

3. If the Employee or Board Member is not available, the Receptionist will inform the Servicing Party accordingly.

4. Any Employee or Board Member who received notice must immediately contact the OPRA Custodian. The employee or Board Member also needs to ask the Authority for representation. S/he should coordinate the request through the OPRA Custodian.

5. The OPRA Custodian advises the Division of Law, who makes the determination whether they will provide representation.

Exceptions

The NJEDA will accept the following:

· Subpoenas

· Notices of Tort Claims

· Federal/State cases

1. Any documents received should immediately be forwarded to the OPRA Custodian.

2. The OPRA Custodian will receive the paperwork and immediately contact the appropriate DAG.

3. The NJEDA shall retain original documents any supply copies to law enforcement agencies, unless otherwise notified.

4. Additional guidance may be provided by the Division of Law.

To Whom It May Concern,

The New Jersey Economic Development Authority (NJEDA) is in receipt of a service of process: summons, complaint and/or discovery. Please be advised that the NJEDA is represented by the Attorney General of the State of New Jersey. Our office is not authorized to accept service. As such, we are returning your original papers and advising that you should effectuate service on the Attorney General in accordance with Rule 4:4. Please be guided accordingly.

Contact Information:

State of New Jersey

Office of the Attorney General Justice Hughes Complex

25 Market Street PO Box 080

Trenton, NJ 08625-0080

Phone: 609-984-1933

Phone: 609-292-4925

Software Policy

Effective: -----------

SOFTWARE

NJEDA purchases and licenses the use of various computer software for business purposes and does not own the copyright to this software or its related documentation. Unless authorized by the software developer, NJEDA does not have the right to reproduce such software for use on more than one computer.

Employees may only use software on local area networks or on multiple machines according to the software license agreement. NJEDA prohibits the illegal duplication of software and its related documentation. ALL software is to be approved and authorized for installation by the appropriate ITS personnel in order to guarantee network compatibility.

CAUTION: Certain wallpaper/screen saver files, due to their size and graphic complexity, may cause a degradation of desktop performance.

NJEDA reserves the right to delete all unauthorized software and repeat offenders will be subjected to disciplinary action.

Use of Company Communication Systems

Effective: -----------

USE OF PHONE AND MAIL SYSTEMS

Telephones are programmed to ring four to five times. Other employees in your department/area should be able to pick up an individual's calls in the event he/she is away from the area. The intercom feature does not allow for pick up from another telephone.

Employees should contact ITS, if they need changes made in their departmental telephone configuration, voice mail activation, or if they are having problems with telephone connection.

Charges should not be accepted from third parties, unless it is a valid call.

Employees may be required to reimburse NJEDA for any charges resulting from their personal use of the telephone and fax machines. All personal telephone calls should be kept to a minimum.

The use of NJEDA-paid postage for personal correspondence is not permitted.

To ensure effective telephone communications, employees should always use the standard greeting (department and individual name. and speak in a courteous and professional manner. Please confirm information received from the caller, and hang up only after the caller has done so.

Section V – Employee BenefitsBenefits Overview Policy

Effective: January 1, 2010

POLICY

The NJEDA is committed to offering a competitive benefits program to its employees.

Medical and Related Health Benefits

· Medical Insurance

· Prescription Drug Plan

· Dental Insurance

· Vision

· COBRA

Retirement/Savings Plan

· NJ Public Employees’ Retirement System

· NJ Defined Contribution Retirement Plan

· NJ State Employees Deferred Compensation Plan

Life Insurance and Disability Coverage

· Life Insurance

· Short Term Disability

· Long Term Disability

General Benefit Policies

· Employee Assistance Program

· Lump Sum Sick Leave Benefits

· Flexible Spending Accounts

· Credit Union

· Professional Development

For additional information on any of the above policies, please contact Human Resources.

Medical and Related Health Benefits

· Medical Insurance – Employees and their dependents are eligible for coverage through the NJ State Health Benefits Program. There are four options available: NJ Direct 10, NJ Direct 15, Aetna HMO and CIGNA Healthcare HMO. Insurance is effective two months after date of hire.

· Under NJ Direct 10 and 15, employees may see any physician, nationwide, and do not need to select a Primary Care Physician for in-network care. NJ Direct has in-network benefits which apply when you use participating providers, and benefits are provided after payment of a copayment. Out-of-network benefits allow you to use any licensed medical provider or hospital facility, and they are subject to a deductible and coinsurance.

· The HMOs, both Aetna and CIGNA, have participating providers from which you must select a Primary Care Physician (PCP). That physician coordinates all of your care. Benefits are provided after payment of applicable copayments.

· Prescription Drug Plan – Prescription drug coverage is also offered through the NJ State Health Benefits Program for employees and eligible dependents. Benefits are available through retail pharmacies and through mail order. Copayments are as follows:

· At retail pharmacy - $3 for 30 day supply of generic drugs, $10 for brand name prescription drugs.

· Mail order copayment for up to 90-day supply is $5 for generic drugs and $15 for brand name prescription drugs.

· For additional information on health and prescription coverage, please contact Human Resources or visit the SHBP website at www.state.nj.us/treasury/pensions/shbp.htm.

· Dental Insurance – There are two dental programs offered through Delta Dental: Delta Premier and Flagship Delta Care. Booklets containing additional detailed information are available through Human Resources. For additional information, please contact Human Resources or visit the Delta Dental website at http://www.deltadental.com.

· Delta Dental Premier is an indemnity plan which allows you to be treated by any licensed dentist of your choice. The least out-of-pocket expense can be achieved by using a dentist who participates with Delta Premier. Payment of dental expenses is based on the following schedule:

· Delta Care is a managed dental plan commonly referred to as a Dental Maintenance Organization (similar to an HMO). This plan is administered by Flagship Health Systems, a subsidiary of Delta Dental Plan of New Jersey. At the time of enrollment, subscribers select the Delta Care dental office most convenient for them. An employee may change his/her plan dentist for good reason (i.e., change of residence. by written request to Flagship. Many services are provided by Delta Care with no charge to the employee, including preventive and basic services. For other charges, please refer to the Delta Care list of copayments.

· NJEDA provides dental coverage at no cost to the employee for his/her coverage. If the employee should elect to cover his or her family, the additional cost for the family coverage will be shared equally by the Authority and the employee.

· Vision - The Authority provides, at no cost to its employees, a vision care program which reimburses the employee and eligible dependents up to age 23 up to a maximum of $150 per year per eligible person for vision related expenses. This includes eye examinations and corrective lenses. The plan specifically excludes any service or treatment which is covered by the Authority's health benefits insurance. The date of the eye exam/corrective lenses service will determine the plan year to which the benefit will be applied. For reimbursement, the employee must complete a Vision Reimbursement form found on the Intranet - NJEDA Forms Online: “Vision Care Claim.” This form must be submitted to Human Resources with a copy of the receipt/invoice from the provider showing the name of the person for whom expenses were incurred, the service provided, the date of service, and the amount paid.

· COBRA – The NJEDA complies with the legal requirements of the Consolidated Omnibus Budget Reconciliation Act (COBRA). In the event of termination of employment, death of an employee, divorce from a covered employee, or a dependent child loses coverage because of age or ineligibility, the employee, spouse and/or dependents are entitled to purchase continued health insurance coverage through the NJEDA’s plan. Length of coverage will vary from 18 months to 36 months, depending upon the qualifying event. Additional information is available through Human Resources.

Retirement/Savings Plans

· NJ Public Employees’ Retirement System (PERS) – Enrollment in this defined benefit retirement system is required as a condition of employment at the EDA. This is a contributory program, with the contribution rate set by the Division of Pensions and Benefits. Employee contributions, currently at 5.5%, are deducted from 24 pays per year effective with the date of hire. Additional information on PERS is available at http://www.state.nj.us/treasury/pensions/active-home.htm.

· NJ Defined Contribution Retirement Plan (DCRP) – Employees enrolled in PERS on or after July 1, 2007 are subject to a maximum compensation limit for PERS contributions. Employees who earn in excess of the annual maximum wage will be enrolled in the DCRP. Members contribute 5.5% of the base salary in excess of the maximum compensation limit to the DCRP. Member contributions are matched by a 3% employer contribution based on the salary in excess of the maximum compensation limit. Additional information is available at https://www.retirement.prudential.com/cws/njdcrp.

· NJ State Employees Deferred Compensation Plan (NJSEDCP) – this is a voluntary deferred compensation plan (457), through which the employee may elect to defer a portion of his/her salary to a maximum annual limit set by the IRS. Additional information on NJSEDCP is available at http://www.state.nj.us/treasury/pensions/active-home.htm.

Life Insurance and Disability Coverage

· Life Insurance – NJEDA employees may be covered by two types of life insurance: Noncontributory Group Life Insurance is provided by NJEDA through PERS. There is no cost to you for this coverage. Contributory Group Life Insurance is life insurance for which you pay. The cost of the insurance is 0.5 percent (.005. of your base salary. The law requires that you must be covered by contributory insurance for the first 12 months of your membership. After the 12 months have elapsed, you may voluntarily withdraw from contributory insurance coverage if you wish. A properly completed Notice of Withdrawal from Contributory Group Life Insurance must be filed with PERS before contributory coverage can be canceled. The cancellation cannot be retroactive. Once you have canceled this coverage, it cannot be reinstated nor are your premium deductions refunded. For additional information on life insurance, please refer to the PERS Handbook at http://www.state.nj.us/treasury/pensions/epbam/exhibits/handbook/persbook.pdf.

· Short Term Disab