Township of Freehold, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Freehold 5-26-1969 (Ch. V of the Revised General Ordinances), as amended through Ord. No. 02-21. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 2.

§ 47-1 Applicability of state personnel rules.

This chapter and all its provisions shall at all times be subject to the Department of Personnel Rules of the State of New Jersey, which prescribe basic minimum standards. To the extent that this chapter should at any time and in any particular provide standards less liberal than those embodied in the Department of Personnel Rules of the State of New Jersey, the latter rules shall be deemed applicable. To the extent, however, that the provisions of this chapter contain benefits or provisions more liberal than the minimum requirements of the Department of Personnel Rules of the State of New Jersey, the provisions of this chapter shall control.

§ 47-2 General policies.

A. 
Declaration of policy. The Township Committee hereby declares the following principles to constitute the personnel policy of the Township:
(1) 
The New Jersey State Department of Personnel Law and the Department of Personnel Rules of the State of New Jersey, which shall be applicable to municipalities in the state, provide the basic framework for employment in the Township government.
(2) 
Employment in the Township government shall be based on merit and fitness free of personal and political considerations.
(3) 
Just and equitable incentives and conditions shall be established and maintained in order to promote efficiency and economy in the operation of the Township government.
(4) 
Positions with similar duties and responsibilities shall be classified and compensated on a uniform basis.
(5) 
Appointments, promotions and other personnel actions requiring the application of the merit principle shall be based on systematic tests and evaluations of knowledge and performance, carried out through the Township's participation in the New Jersey state civil service system.
(6) 
Every effort shall be made to stimulate high morale by fair administration of this chapter, and by consideration of the rights and interests of employees, consistent with the best interest of the public and the Township.
(7) 
Continuity of employment shall be subject to good behavior, satisfactory performance of work, necessity for the performance of work and availability of funds.
(8) 
In any case where either the eligibility for an employment benefit or the amount of any employment benefit depends on longevity of service to the Township, it shall be understood that it must be continuous, uninterrupted service.
[Added 4-24-2012 by Ord. No. O-12-5]
B. 
Power of appointment. All employees, police officers and department heads of the Township shall be appointed and promoted by the Administrator except where the power to appoint rests with other Township boards or bodies as provided for herein or by general law or ordinance.
C. 
Allocation of offices and positions to classified or unclassified service. All offices and positions of the Township shall be and are hereby allocated to the classified service or unclassified service.
(1) 
Unclassified service. The unclassified service shall include the following:
(a) 
All elected officials and members of citizen boards and committees.
(b) 
The Administrator, Clerk, Attorney, Engineer, Auditor, Building Inspector and Treasurer.
(c) 
Volunteer personnel and personnel appointed to service without compensation.
(d) 
Consultants and counsel rendering temporary professional service.
(e) 
All other offices or positions that are so classified by Rule 7(2) of the Department of Personnel Rules of the State of New Jersey.
(f) 
Tax Assessor.
[Added 12-16-2003 by Ord. No. O-03-32]
(g) 
Executive Secretary.
[Added 12-16-2003 by Ord. No. O-03-32]
(h) 
Confidential aide.
[Added 12-16-2003 by Ord. No. O-03-32]
(i) 
Director of Finance/Chief Financial Officer.
[Added 12-16-2003 by Ord. No. O-03-32]
(j) 
Deputy Municipal Clerk.
[Added 12-16-2003 by Ord. No. O-03-32]
(k) 
Director of Welfare.
[Added 12-16-2003 by Ord. No. O-03-32]
(l) 
Tax Collector/Tax Search Officer.
[Added 12-16-2003 by Ord. No. O-03-32]
(m) 
Deputy Municipal Administrator.
[Added 12-16-2003 by Ord. No. O-03-32]
(n) 
Purchasing Agent.
[Added 12-16-2003 by Ord. No. O-03-32]
(o) 
Research Scientist.
[Added 12-16-2003 by Ord. No. O-03-32]
(p) 
Municipal Court Director.
[Added 12-16-2003 by Ord. No. O-03-32]
(q) 
Public Information Officer.
[Added 12-16-2003 by Ord. No. O-03-32]
(r) 
Secretary, Board/Commission.
[Added 12-16-2003 by Ord. No. O-03-32]
(s) 
Personnel Officer.
[Added 12-16-2003 by Ord. No. O-03-32]
(t) 
Municipal department head.
[Added 12-16-2003 by Ord. No. O-03-32]
(2) 
Classified service. The classified service shall include all other positions in the Township service that are not specifically placed in the unclassified service by the above provisions of this subsection, or which are excluded from the classified service by Rule 7(2) of the Department of Personnel Rules of the State of New Jersey.

§ 47-3 Position Classification Plan.

A. 
Establishment. The Administrator shall make or cause to have made an analysis of the duties and responsibilities of all full-time positions in the Township, except his own position. He shall recommend in writing to the Committee a Position Classification Plan. Within 30 days after the adoption of a Position Classification Plan by resolution of the Committee, the Administrator shall assign each position to an appropriate class in accordance with the approved Position Classification Plan of the Township Committee developed in cooperation with the Merit Service Board of the State of New Jersey.
B. 
Basis of position classification. Each position shall be assigned or allocated to an appropriate job classification on the basis of the kind and level of its duties and responsibilities to the end that all positions in the same classification shall be sufficiently alike to permit the use of a single descriptive title, the same tests of competence and the same salary range, thus carrying out the basic principle of classification which is equal pay for equal work. A job classification may contain one position or a number of positions. The Administrator shall from time to time review the job classification and submit a report to the Committee setting forth his recommendations.
C. 
Change in classification plan.
(1) 
The classification plan may be amended from time to time by the Township Committee. Such changes may result from the need for creating new positions, changes in organization or changes in assigned duties and responsibilities and will be effected in cooperation with the Merit Service Board of the State of New Jersey.
(2) 
The Administrator shall review all requests for creation of new positions, the abolition or consolidation of present positions, reclassification of positions to different job classes or the reallocation of positions to new salary ranges.
(a) 
He shall study the current duties and responsibilities of the position concerned and make recommendations in writing to the Township Committee that the appropriate action necessary to insure the correct classification and allocation of the position be taken.
(3) 
Each department head shall report to the Administrator any changes in his organization or assignment of duties and responsibilities to a given employee which would result in changes in the Position Classification Plan or in the classification of any of the positions in his department.
(4) 
An employee may submit a request in writing to the Administrator at any time for a review of the duties and responsibilities of his position. Such a request shall be submitted through his department head and shall include the employee's own description of his current duties and responsibilities. The Administrator shall then make an investigation of the position to determine its correct allocation. He shall report his findings in writing to the Committee and shall furnish a copy to the employee requesting the review and to his department head.
(5) 
An employee may submit a request for a review of the duties and responsibilities of his position directly to the Merit Service Board of the State of New Jersey.
D. 
Abolishment of position. A position may be abolished or the number of personnel reduced by the Administrator for reasons of economy or because of reorganization within a department. A permanent employee must receive written notice of such action 45 days prior to its effective date. In the Police Department such events shall be governed by the provisions of N.J.S.A. 40A:14-118 et seq. Every effort shall be made by the Administrator, in cooperation with the Merit Service Board of the State of New Jersey, to reassign any affected permanent employee to another position in the Township service for which the employee may be qualified. If no such position is available immediately, the name of the affected employee shall be kept on file, and he must be offered employment should a vacancy occur in a position for which he is qualified prior to taking applications for the vacancy. If an employee is demoted because of economy or departmental reorganization, he shall be placed in the new salary range in the same step he held in his prior position before demotion.

§ 47-4 Pay Plan.

A. 
Notice to employee of pay and salary range; basis for further increase. After each class of position has been assigned to a salary range and the pay plan and rules for its administration have been adopted by the Committee, each employee shall be advised of his rate of pay and the salary range to which his position title has been assigned. When an employee attains the maximum rate of the salary range for his position, he shall not receive further salary increases unless:
(1) 
His position is reclassified.
(2) 
He is promoted to another position having a higher salary range.
(3) 
His position's salary range is increased.
(4) 
A general salary increase is granted to all employees.
B. 
New appointments. A new employee shall be paid at the minimum of the approved salary range for the position to which he is appointed. In exceptional cases, the Administrator may recommend an appointment at a rate above the minimum subject to the approval of the Township Committee.
C. 
Demotions. An employee demoted for disciplinary reasons to a classification having a lower salary range shall receive a salary as specified by the Administrator but which shall not exceed the maximum step of the new range.
D. 
Temporary appointments. When a vacancy is filled by a temporary appointment the employee shall be paid at the minimum of the approved salary range for the position. In exceptional cases the Administrator may make an appointment at a rate above the minimum but not in excess of one step below the maximum.
E. 
Reinstatements. When an employee is reinstated within two years following a layoff to a position in the same classification, he shall enter the position at the same salary in the salary range as he received in his previous position. His service shall be considered continuous for the purpose of promotion, seniority, layoff, and vacation except following a dismissal.
F. 
Re-employment. When an employee is re-employed following a resignation in good standing to a position in the same classification, he shall enter the position at the minimum rate of the salary range for the position. However, if his resignation has been of less than one year duration, he shall enter the position at the same salary which he held at the time of his resignation.
G. 
Transfer. If an employee transfers into another classification within the Township, he shall not lose vacation or sick leave credits.

§ 47-5 Appointment.

A. 
Basis for original appointment. Original appointments to vacancies in the Township service shall be based on merit, fitness and ability, which shall be determined by competitive examinations insofar as practicable, and shall be in accordance with the Civil Service Rules of the State of New Jersey.
B. 
Temporary appointments. In the absence of an appropriate list or for the filling of temporary or seasonal positions, or temporarily in the case of emergencies, vacancies may be filled by temporary appointments by the Administrator. Such temporary appointments shall have a maximum duration of two months and may be extended for a similar period.
C. 
Provisional appointments. Pending the establishment of an appropriate eligible list, vacancies in permanent positions may be filled by provisional appointments. Such appointments shall continue only until an appropriate eligible list is established. Such provisional employees must possess minimum qualifications established for the vacant position.
D. 
Physical examination. Any job applicant may be required to submit to a physical examination by the Township physician or a designated alternate. Psychological or psychiatric examinations by a psychologist or psychiatrist designated by the Township may also be required.
E. 
Probationary period.
(1) 
All employees appointed permanently to the classified service shall serve a probationary period of 90 days. At the expiration of the probationary period, the Administrator may discontinue the service of any such employee if, in the appointing authority's opinion, the employee is unwilling or unable to perform the duties of his position in a satisfactory manner, or if the employee is of such reputation and habits as not to merit continuance in the service of the Township. In every case, the Administrator shall notify the employee in writing of the discontinuance and the reasons for the same, and shall forward a copy of the notice to the Department of Civil Service of the State of New Jersey.
(2) 
A ninety-day probationary period shall also apply to an employee promoted to a higher classification. Such probationary status shall in no way affect the rights and status in the original or lower classification.
(3) 
Each new police officer shall be required to satisfactorily complete a basic police training program recognized by the New Jersey Police Training Commission during the first year and prior to receiving a permanent appointment. The ninety-day probationary period does not commence for a police officer until he has completed such recognized police training program.
F. 
Permanent status. Classified employees who satisfactorily complete their probationary period shall have permanent employment status, conditioned upon good behavior and satisfactory job performance. They shall be subject to removal by the Administrator only for cause or for reason of economy, after proper notice and the opportunity to be heard, as set forth under the Department of Personnel Rules of the State of New Jersey.

§ 47-6 Promotions.

A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
PROMOTION
An advancement in classification having:
(1) 
New duties of greater difficulty or responsibility.
(2) 
A salary range having greater maximum.
B. 
Effect of reclassification. When there is a major change in the duties or responsibilities of a position resulting in its reallocation to a higher classification, the position shall be considered vacant and subject to filling under promotional procedures. The incumbent in the reclassified position may be permitted to serve pending promotional procedures.
C. 
Permanent promotions.
(1) 
Vacancies shall be filled by utilizing competitive promotional examinations, in accordance with the Department of Personnel Rules of the State of New Jersey.
(2) 
Where the Administrator, after consultation with the New Jersey Department of Personnel, finds that no employee is qualified for promotion to the vacancy, he may order competitive examination, open to candidates outside the Township's employ. In post-examination selection, the Administrator shall give appropriate consideration to the applicant's qualifications, record of past performance and the length and quality of his service.
(3) 
Selection shall be made from the top three candidates, as determined by the examination process of the Department of Personnel of the State of New Jersey.
D. 
Provisional promotions. Pending the availability of a suitable eligibility list, the Administrator may fill vacancies by a provisional promotion.

§ 47-7 Separation from service.

A. 
Types of separation. Classified employees who have acquired permanent employment status may be temporarily suspended from the Township's employ by layoff or suspension, or permanently separated by resignation or dismissal, subject at all times to the rules and regulations of the Department of Personnel of the State of New Jersey.
B. 
Layoff. Whenever there is a lack of work or a lack of funds requiring a reduction in the number of employees in a department of the Township government, the required reductions shall be made in such job classification or classifications as the Township may designate. As determined by the Administrator, employees shall be laid off in the inverse order of their length of service within each affected job class in a particular department or division. All provisional employees shall be laid off before probationary employees, and all probationary employees shall be laid off before any permanent employees. Permanent (including probationary) employees so affected shall be given a minimum of 45 days' notice. Provisional employees so affected shall be given a minimum of two weeks' notice or two weeks' pay in lieu thereof.
C. 
Retirement.
[Amended 12-27-2005 by Ord. No. O-05-48]
(1) 
Employees enrolled in the Public Employees Retirement System of the State of New Jersey are subject to the requirements and provisions of that plan.
(2) 
Employees are eligible to retire with full benefits at age 60, and with reduced benefits at any age after 25 years of service.
(3) 
Police officers are eligible to retire with full benefits at age 55, and with reduced benefits at any age after 25 years of service.
(4) 
Medical benefits.
(a) 
The Township will provide medical benefits upon eligibility for retirement to any elected, full-time or tenured employee who attained the status as an elected, full-time or tenured employee on or before December 31, 2009, and who shall have attained either of the following:
[Amended 12-22-2009 by Ord. No. O-09-40; 4-24-2012 by Ord. No. O-12-5]
[1] 
Twenty-five years of pensionable service and 25 years of uninterrupted service to the Township and being 50 years of age or older; or
[2] 
Twenty years of pensionable service and 20 years of uninterrupted service to the Township and being 62 years of age or older.
(b) 
Medical benefits will cover the employee and the employee's spouse to the extent in effect at time of eligibility for such retirement.
(c) 
In the event both spouses are eligible for benefits under this subsection, the Township retains the discretion to determine the coverage and plan to be provided. For example, the Township may determine to provide a husband-and-wife plan to provide coverage to both retirees, or it may determine to provide a single coverage plan to each.
[Added 7-25-2006 by Ord. No. O-06-29]
(d) 
When a retiree who qualifies for benefits under this subsection becomes eligible for health care benefits coverage under any federal plan, the benefit provided by the Township shall become secondary coverage.
[Added 7-25-2006 by Ord. No. O-06-29]
D. 
Resignation. An employee may resign from his position by tendering a written resignation to his department director, who, in turn, shall forward it to the Township Administrator. All resignations shall be considered as binding but not as being a resignation in good standing. Unless there are disciplinary charges pending against the employee, the Township Administrator shall notify the employee of acceptance of his resignation in good standing. An employee shall give a minimum of two weeks' notice before the effective date of his resignation. Failure to provide said notice may result in loss of vacation and/or sick credits which may have accrued pursuant to this chapter and the civil service rules and regulations.
E. 
Involuntary separation of full-time unclassified employees. In the event of the involuntary separation of a full-time unclassified employee, the employee shall receive 60 days' notice (including accumulated vacation leave), or be compensated at the rate of one day's wages for each day less than the 60 days for which notice is required to be given, except in cases of disciplinary dismissal for cause.

§ 47-8 Compensation.

A. 
Pay periods. The Township normally shall pay its employees on a semimonthly payroll schedule, that is, twice per month or a total of 24 times annually.
[Amended 12-27-2005 by Ord. No. O-05-48]
B. 
Computation of daily and hourly rates. As not all payroll periods consist of the same number of days, the daily rate of pay of each employee normally shall be 1/260th of his annual salary. The hourly rate shall normally be computed by dividing the annual rate by 2080.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
Deductions for leave without pay. Deductions in salary for leave without pay shall be computed on the basis of hourly rate.
D. 
Compensation for overtime.
(1) 
Employees, including members of the Police Department, may be compensated for overtime work when the compensation has been recommended by the department head and payment authorized by the Administrator. In all instances overtime compensation shall commence only after the employee has worked the full 40 hours during the workweek for which overtime compensation is sought. Holidays and vacation days may be counted toward the 40 hours for overtime but not sick days. Authorized overtime compensation shall be computed at an hourly rate equal to 1 1/2 times the equivalent hourly rate.
(2) 
When an employee works a prescribed workweek of less than 40 hours, overtime pay shall be computed at the normal equivalent hourly rate up to 40 hours after which the time-and-one-half provisions would take effect.
(3) 
For employees on specialized activities, working on a two-week, eighty-hour basis, overtime pay of 1 1/2 times the normal hourly equivalent shall take effect only after the employee has worked 80 hours in a pay period. Employees working a prescribed two-week pay period of less than 80 hours shall be paid overtime on the basis of their normal equivalent hourly rate up to 80 hours, after which the time-and-one-half provision would take effect.
(4) 
Department heads are not eligible to receive overtime compensation.
E. 
Salary increments. Salary increments may be granted to each employee effective January 1 of each year or on their anniversary date of employment with the Township until the employee's salary has reached the maximum salary provided for his position title. No employee, however, shall be granted an annual salary increment until his department director has certified in writing to the Administrator that, during the past year, the employee's performance and service were such as to be deserving of an increase, setting forth the basis for such conclusion. In the case of employees who will have served less than one full year as of January 1, the salary increase, if any, to be effective at that time shall be specified by the Administrator at the time of employment.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 47-9 Hours of work.

A. 
Regular workweek. The official workweek of the Township shall be a five-day, forty-hour week. The Township Committee, however, may reduce the hours of work required of employees in specific departments to not less than 35 hours per week. Time periods designated for lunch shall not be considered in determining hours worked. It is recognized that the duties of certain employees require attendance at evening meetings, etc., and time spent at such meetings as part of the regular duties of the employee shall not constitute overtime.
B. 
Emergency. A department head may require any officer or employee to be in attendance for work whenever he shall determine that a public exigency or emergency so requires.
C. 
Flex-time. Department heads may, with administrative review and approval, institute a flex schedule policy, referred to as "flex-time." Flex-time policy and procedures are as follows:
(1) 
Each flex period shall be two weeks in length.
(2) 
With departmental approval, employees may begin work as early as 7:30 a.m. and work until as late as 5:30 p.m.
(3) 
All accumulated flex-time must be used during the next two-week period.
(4) 
With administrative approval, department heads will determine the department's employees eligible to participate in the flex-time policy.
(5) 
Core-time is the time period during which all employees must be at their work stations, 9:30 a.m. through 3:30 p.m., excluding lunch and breaks.
(6) 
Department heads will be responsible to keep accurate records of all employees' time. Copies of said schedule are to be submitted to personnel at the end of each pay period.
(7) 
Accumulated flex-time hours are to be used in the minimum of two-hour time blocks.
D. 
Additional personal leave. Additional leave without pay may be granted by the Department of Administration, upon the request of the employee, for up to 10 days in a calendar year, in one-day increments.

§ 47-10 Holidays.

A. 
Not applicable to Police Department. Due to the emergency nature of the work of the Police Department and due to the fact that members thereof do not receive normal holiday allowances because of the peculiar nature of their employment, each member of the Police Department shall be entitled to a maximum of 13 days of vacation leave per year with pay in addition to the amount of vacation leave with pay allowable provided for in the schedule set forth in § 47-11. The Township Committee shall designate the actual number of paid holidays annually and appropriate funds accordingly on a straight-time basis. It is the intent of this subsection to compensate police officers for holidays either by additional salary or by compensatory vacation leave. Police officers with less than one year of service are entitled to the above on a pro rata basis.
B. 
Paid holidays.
(1) 
The following official holidays with pay shall be observed by the Township.
January 1, known as New Year's Day
January 15, known as the birthday of Martin Luther King, Jr.
February 12, known as Lincoln's birthday
The third Monday in February, known as Washington's birthday
Good Friday
The last Monday in May, known as Memorial Day
July 4, known as Independence Day
The first Monday in September, known as Labor Day
General Election Day
The second Monday in October, known as Columbus Day.
The fourth Monday in October, known as Veteran's Day
The fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25, known as Christmas Day
(2) 
If a holiday falls on a Sunday, it shall be observed on the following Monday. In the event that a holiday falls on a Saturday, each employee shall be entitled to a compensatory free day to be scheduled by the Municipal Administrator. The Municipal Administrator may permit an employee to work on a holiday at straight time.
(3) 
The Township Administrator may designate certain Township holidays as floating holidays. As such, all department/offices must remain open to the public. Any employee who works on a floating holiday shall be entitled to a compensatory free day scheduled by the department head.
C. 
Compensation for working on holidays. Where it is necessary to maintain service requiring an employee to work on an official holiday, such employee shall be compensated by being permitted to take an equal amount of time off with pay on a regular working day at a time approved by the Municipal Administrator.
D. 
Not charged against vacation or sick leave. In the event that an official holiday is observed during an employee's vacation, he shall be entitled to an additional vacation day, and should an official holiday occur while an employee is on sick leave, he shall not have that holiday charged against his sick leave.

§ 47-11 Vacations.

A. 
Amount of vacation leave.
(1) 
All contractual employees who are permanent and full time, whether classified or unclassified, shall be granted annual leave, with pay, for vacation purposes pursuant to the prevailing collective bargaining agreement between the employee’s negotiating unit and the Township. All other permanent full-time employees of the Township shall be granted annual leave, with pay, for vacation purposes during each calendar year in accordance with the following schedule based on length of employment as of the anniversary date of the current year.
[Amended 7-25-2006 by Ord. No. O-06-29; 4-24-2012 by Ord. No. O-12-5 ]
Length of Uninterrupted Employment
(years of service)
Vacation Leave
(working days)
Up to 1
1 for each month of service
1 to 5
12
6 to 10
15
11 to 15
16
16 to 20
19
21 and over
22
(2) 
In determining length of service for this purpose, only the most recent consecutive years of service for each employee in all capacities shall apply. Department heads shall be entitled to an additional three working days of vacation during each year of service over and above that to which their length of service would normally entitle them.
[Amended 12-22-2009 by Ord. No. O-09-41]
B. 
Basis for vacation leave; accumulation.
(1) 
Vacation leave shall be considered to be on a calendar-year basis and shall not accumulate following the twelve-month period within which the employee is entitled to same. Failure to use vacation leave during the year to which the employee is entitled to same shall cause a forfeiture of such vacation leave.
(2) 
Full-time and permanent part-time employees shall not be eligible for vacation leave until they have been so employed for six consecutive months or more. Permanent part-time employees are eligible for vacation leave on a pro rata basis. Temporary part-time employees shall not be eligible for vacation leave. If any vacation leave is to be given to full-time temporary employees, it shall be negotiated at the time of employment. New probationary employees shall be entitled to one working day of vacation leave for each month of the first year up to a maximum of 10 working days.
(3) 
Use of vacation leave during a time beyond the twelve-month period within which the employee was entitled may be permitted, but only upon and with the consent of the Administrator.
(4) 
Vacation leave subject to the approval of the department head and the Administrator may be taken from time to time in units other than full days.
(5) 
At the time of separation from service, an employee shall be entitled to any full days vacation pay to which he is entitled during the year of separation and have not previously used but earned.
(6) 
Employees shall not be paid for vacation leave earned and unused except with the permission of the Administrator.

§ 47-12 Leaves of absence.

A. 
Sick leave.
(1) 
As used in this subsection, "sick leave" shall mean paid leave that may be granted to each full-time classified and full-time unclassified employee who through sickness or injury becomes incapacitated to a degree that makes it impossible or highly impractical for him to perform the duties of his position or who is quarantined by a physician because he has been exposed to a contagious disease. Part-time permanent employees are eligible for sick leave on a prorated basis. Part-time and full-time temporary employees are not eligible for sick leave.
(2) 
Full-time employees shall earn sick leave on the basis of 15 days of sick leave per year. In the first year of employment, employees shall be entitled to one day of sick leave for each month of employment.
(3) 
Sick leave can be accumulated without limit during each employee's length of service.
(4) 
Accumulated sick leave may be used by an employee for personal illness, illness in his immediate family (not to exceed five working days in one calendar year without the approval of the Municipal Administrator), quarantine restrictions, pregnancy or disabling injuries. The term "immediate family" shall mean and refer only to the employee's spouse, child, foster-child, parent, brother, sister, mother-in-law, father-in-law, grandmother, grandfather, grandchild or any member of the immediate household or so determined by a collective bargaining agreement.
[Amended 12-27-2005 by Ord. No. O-05-48]
(5) 
When an employee is absent from work because of illness for more than one day, his supervisor may require the employee to submit a certificate from the employee's physician or the Township Physician relating to his illness. In the case of illness of a chronic or recurring nature causing an employee's periodic or repeated absence for one day or less, his department director may require one medical certificate for every six-month period.
(6) 
An employee, who was hired and began employment prior to March 1, 2016, provided he is not a member of an organized bargaining unit, and provided further that other employment agreements do not provide otherwise, after 10 years of service shall be paid for 1/2 his/her accumulated sick leave upon retirement under the Public Employee's Retirement System or the Police and Firemens' Retirement System. The amount of sick leave paid hereunder shall be limited as follows:
[Amended 2-15-2005 by Ord. No. O-05-3; 12-18-2007 by Ord. No. O-07-36; 2-23-2016 by Ord. No. O-16-1]
(a) 
Accrued compensation shall not exceed $15,000 and is not available to any employee who resigns from service without being entitled to retirement benefits.
(b) 
Those employees already vested in accrued sick leave entitlements in excess of $15,000 as of the date of adoption of this ordinance,[1] will be limited to the amount of entitlement as of that day, in an amount not to exceed $17,500. This accrued compensation will be certified to the Township Committee and the employee by the Township Administrator and will be recorded in the employee's file pending retirement.
[1]
Editor's Note: "This ordinance" refers to Ord. No. O-07-36.
(c) 
No employee who was hired or who began employment on or after March 1, 2016, shall receive any benefit under this Subsection A(6) unless such benefit is preserved in a Collective Negotiating Agreement.
B. 
Special leave.
(1) 
A full-time employee who is subpoenaed as a witness in a civil or criminal case not involving him in his capacity as a Township employee, or an employee who is called and serves on a jury, shall be granted paid leave for that period of time in which he is officially involved with the court in such capacity; however, he shall be entitled to be paid only the difference between his salary and the stipend paid for his services in such capacity.
(2) 
In the event that an employee wishes to observe a religious or national holiday for which no regular holiday has been declared, he may charge the time off to accumulated vacation leave, provided that he gives proper notification to his supervisor.
C. 
Leave of absence as result of injury in line of duty.
(1) 
When a full-time employee is injured in the line of duty, the Township Committee may pass a resolution giving the employee up to one year's leave of absence with pay. When such action is taken, the employee shall not be charged any sick leave time for time lost due to such injury.
[Amended 12-27-2005 by Ord. No. O-05-48]
(2) 
Prior to the passage of the resolution referred to in Subsection A, the employee shall agree in writing to reimburse the Township to the extent of any temporary disability benefits under workman's compensation he may receive as a result of the injury.
D. 
Absences of less than six months.
(1) 
Absences for periods of less than six months may be granted by the Municipal Administrator without formal resolution as provided in Subsection C(1) above. Such wage continuation is related to uninterrupted length of service as outlined in the following schedule of benefits:
[Amended 4-24-2012 by Ord. No. O-12-5]
Length of Uninterrupted Service
Weeks of Salary Continuation
Under 1 year
1
1 year to 2 years
3
2 years to 3 years
5
3 years to 5 years
7
5 years to 7 years
9
7 years to 9 years
11
9 years to 10 years
13
(2) 
For each additional year, three additional weeks up to a maximum of one year at full pay.
(3) 
If an employee is unable to return to work and above supplemental benefits are exhausted, he may nevertheless be eligible for workers' compensation or other disability benefits.
E. 
Maternity leave. Maternity leave may be granted for a period of six months, provided that the request for such leave is made in writing to the Administrator no later than the end of the fourth month of pregnancy. This leave may be extended for an additional six months with the approval of the Administrator and the Township Committee. Requests for maternity leave must be favorably endorsed by the Department Director and approved by the Municipal Administrator before becoming effective. Such leave, if granted, shall be without pay. Under no circumstances shall an employee work beyond the sixth month of pregnancy.
F. 
Military leave.
(1) 
All provisions of N.J.A.C. 4A:6-1.11 are adopted by reference herein and are modified by Subsection F(2) and (3) below to provide additional benefits to the extent allowed by law.
(2) 
Any permanent employee, part-time or full-time, who is a member of the National Guard, Naval Militia, Air National Guard, or a reserve component of any of the Armed Forces of the United States who is required to engage in field training, shall be granted a military leave of absence with regular pay for the period of such training as is authorized by law. The paid leave of absence shall be in addition to his vacation. Permanent part-time employees shall receive pay for such leave on a pro rated basis.
(3) 
When a full-time or part-time permanent employee has been called to active duty or inducted into the military or naval forces of the United States, he shall be granted an indefinite leave of absence without pay for the duration of such active military service, except for the first 12 months thereof, he shall receive payment for the differential, if any, between the compensation he receives from the military and the compensation he would have received from the Township, provided that he does not voluntarily extend such service. Each employee must be reinstated without loss of privileges or seniority, provided that he reports for duty with the Township within 60 days following his honorable discharge from military service. He should notify the Township of his intent to report for duty 30 days prior to his discharge from military service.
G. 
Leave without pay. Leave without pay may be granted to full-time and part-time permanent employees and to full-time unclassified employees. Normally, it shall be granted only when the employee has used his accumulated sick and vacation leave in the case of illness, or his vacation leave if leave without pay is requested for reasons other than illness. Written request for leave without pay must be initiated by the employee and approved by the Municipal Administrator upon favorable recommendation of the department director. Such leave, except for military leave without pay, shall not be approved for a period of longer than three months at one time. The Township Committee may extend such leave for an additional six months or any portion thereof.
H. 
Requests for leave. A request for any type of leave shall be made on a form prescribed by the Township Committee. Such request, whenever possible, shall be made far enough in advance to permit approval, and at the same time, to permit coverage for the particular employment so that municipal service shall not suffer. In the case of sick leave, the employee shall notify his supervisor immediately if he is unable to report for work.
I. 
Compensatory leave. In lieu of overtime compensation, any employee, including police officers, may be granted leave with pay as compensation for overtime work in accordance with the provisions of § 47-8D.
J. 
Personal leave. All full-time noncontractual Township employees shall be granted two personal days during each calendar year in addition to existing sick leave and vacation allotments. Personal days may be used for such purposes as religious holidays or events, personal birthdays, etc. All personal days must be used during the calendar year earned.
K. 
Deferred Sick Leave Trust Fund. There is hereby established a trust fund to be known as the "Deferred Sick Leave Trust Fund" (hereafter the "fund") pursuant to N.J.A.C. 5:3-15 and regulations established by the New Jersey Department of Community Affairs.

§ 47-13 Political activity.

A. 
Policy. It shall be the policy of the Township to appoint all employees, either classified or unclassified, without regard to political considerations. For the purposes of this section, Township employees are defined to include full-time, temporary, probationary, seasonal or part-time personnel appointment by the Township receiving an annual or hourly reimbursement for their services from the Township.
B. 
Certain political activities prohibited.
(1) 
Township employees shall not engage in any political activities during working hours or on Township property.
(2) 
Township employees shall not seek or accept nomination, election or appointment to any partisan municipal, county, state or federal office without first obtaining a leave of absence.
(3) 
Township employees shall not make financial contributions for the purpose of supporting the nomination or the election of any person to public office or party position. No person shall invite, demand or accept payment or contribution from Township employees for campaign purposes.
(4) 
Township employees whose principal employment is in connection with any activity financed in whole or in part by loans or grants made by the United States or by any federal agency may also be subject to the restrictions of the Federal Hatch Act. The Hatch Act restrictions apply only to political activity which is partisan.
C. 
Rights preserved. Nothing in this section shall be construed to prevent Township employees from becoming or continuing to be members of any political party, club or organization, provided that they do not serve as officers of such party, club or organization; attending political meetings; expressing their views on political matters outside of working hours and off Township property; circulating petitions on public questions; or voting with complete freedom in any election.

§ 47-14 Conflicts of interest.

A. 
Conflicts of interest prohibited.
(1) 
No officer or employee elected or appointed in the Township shall be interested, directly or indirectly, in any contract with the Township, or in the compensation for work done or for materials or supplies furnished to the Township or to any contractor or other person furnishing the same to the Township, nor shall he participate in any profits of such contractor or other person or receive any compensation, commission, gift or other reward for his services except the fee or compensation prescribed pursuant to law.
(2) 
No officer or employee elected or appointed in the Township shall accept or solicit anything of value as consideration for or in connection with the discharge of his official duties other than the fee or compensation prescribed pursuant to law.
B. 
Violations. Any officer or employee who violates any provision of this section or of any statute or ordinance relating to conflict of interest shall be deemed guilty of misconduct in office and liable to removal from office therefor. Any officer or employee who shall knowingly permit any provision of this section to be violated by any of his subordinates shall also be guilty of misconduct in office and liable to removal therefor.

§ 47-15 Outside employment.

A. 
Full-time employees, in either the classified or unclassified service, shall not accept outside employment or engage in outside business activities without the prior approval of the department head and the Municipal Administrator. Applications for permission to accept outside employment shall be made in writing to the department director who shall forward the same to the Municipal Administrator with his recommendation. The application shall set forth pertinent information concerning the type of activity to be engaged in, the name and address of the prospective employer, and the hours of such employment.
B. 
No application for permission to accept outside employment shall be approved by the Municipal Administrator if, in his judgment, there is any reasonable probability that such outside employment will interfere with the employee's performance or compromise the employee's position with the Township through a conflict of interest or if such employment shall exceed 20 hours per week.

§ 47-16 Departmental rules and regulations.

A. 
Subject to the approval of the Township Committee, the Administrator may establish, amend and supplement rules and regulations for governing the internal operations of any department and the conduct and deportment of its personnel. Departmental rules and regulations shall not be inconsistent or in conflict with the provisions of any statute, this chapter or other ordinance of the Township.
B. 
The rules and regulations shall be in writing, signed by the Administrator, approved by the Township Committee and filed in the office of the Township Clerk. They shall be binding on all persons subject to the jurisdiction of the department. A written copy of the rules and regulations shall be distributed to the personnel of the department affected and shall be posted in the headquarters of the department. Copies shall also be available to the personnel of the department upon request.

§ 47-17 Disciplinary actions.

A. 
Dismissal or demotion. A permanent employee may be dismissed from the service or demoted for cause. The causes sufficient for removal from the service shall include the following:
(1) 
Neglect of duty.
(2) 
Absence without leave or failure to report after authorized leave has expired or after such leave has been disapproved or revoked; provided that any regular member or officer of the Police Department who shall be absent from duty without just cause for a term of five days continuously and without leave of absence shall, at the expiration of such five days, cease to be a member of the Police Department as provided by N.J.S.A. 40A:14-122, as amended.
(3) 
Incompetency, inefficiency or incapacity due to mental or physical disability.
(4) 
Insubordination or serious breach of discipline.
(5) 
Intoxication while on duty.
(6) 
Commission of a criminal act.
(7) 
Participation in any political activity prohibited by this chapter.
(8) 
Disobedience of the departmental rules and regulations established pursuant to this Code.
(9) 
Conduct unbecoming a public employee.
(10) 
Any violation of the Township disciplinary guidelines.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
Suspension.
(1) 
When in the opinion of the Administrator an employee's performance or conduct justifies disciplinary action short of dismissal, the Administrator may suspend or furlough the employee without pay, or with reduced pay.
(2) 
An employee who shall be suspended, fined or demoted more than three times in any one year, or more than five days at one time, or for a period of more than 15 days in the aggregate in any calendar year shall have the right of appeal to the Civil Service Department, and the Civil Service Department shall have the power to revoke or modify the action of the appointing authority.

§ 47-18 Personnel records.

The Administrator shall provide that adequate personnel records are maintained for each employee of the Township. Such records should include dates of appointments and promotions, job titles, salaries, commendations, disciplinary actions, leave of any type taken and accumulated, merit ratings, and any appropriate additional information.

§ 47-19 Medical examinations.

The Municipal Administrator may schedule medical examinations for all Township employees annually or more frequently if required.

§ 47-20 Surety bonds.

A. 
Required. Every officer or employee of the Township who, by virtue of his office or position, is entrusted with the receipt, custody or expenditure of public moneys or funds, and any other officer or employee who may be required so to do by the Township Committee shall, before entering upon the duties of his office or position, execute and deliver a surety bond in such amount as may be fixed by the Township Committee, binding him to the Township in its corporate name and conditioned upon the true and faithful performance of his duty. Each officer or employee required by law to give bond shall execute such bond with sufficient surety and deliver the same to the Clerk, except that the Clerk shall deliver his bond to the Treasurer, before he enters upon the discharge of his duties of the office or employment.
B. 
Failure to obtain. If any officer or employee shall neglect to execute and deliver his bond as herein required within 30 days after due notification of his election or appointment, his office or position may be declared vacant by the Committee.
C. 
Form and requisites. In every case where any person is required by the laws of the state or by any ordinance of the Township to give a bond for the faithful performance of his duties, such bond shall be secured by a corporate surety authorized to do business in this state, and the premium shall be paid by the Township. Each bond shall be approved by the Township Attorney as to form and sufficiency, and nothing in this section shall be construed to prevent the use of one or more blanket bonds when so approved.

§ 47-21 Grievance procedures.

A. 
General policy. It is the policy of the Township that every employee at all times be treated fairly, courteously and with respect. Conversely, each employee is expected to accord the same treatment to his associates, his supervisors and the public.
B. 
Verbal grievance.
(1) 
Whenever an employee has a grievance he should first present it verbally to his supervisor. It is the responsibility of the supervisor to arrange a mutually satisfactory settlement of the grievance within 48 hours of the time when it was first presented to him or failing in that, within that time to advise the employee of his inability to do so.
(2) 
When an employee is informed by his supervisor that he is unable, within the discretion permitted him, to arrange a mutually satisfactory solution to the grievance, the employee must, if he wishes to present the grievance to higher authority, do so in writing in the following manner.
C. 
Formal written grievance.
[Amended 3-22-2005 by Ord. No. O-05-6]
(1) 
The employee shall prepare the grievance in writing in duplicate. The grievance should be stated as completely and as clearly as possible in order to permit prompt handling. One copy of the grievance shall be immediately placed in the hands of the Administrator.
(2) 
The other copy of the grievance shall be presented by the employee to his immediate supervisor to whom the grievance was made verbally. The supervisor shall report the facts and events which led up to its presentation in writing, including in his written report any verbal answer he may have previously given to the employee concerning the grievance. Within 48 hours after receipt of the written grievance, the supervisor must present it with the information required of him to the Administrator.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(3) 
The Administrator shall attempt to find a mutually satisfactory solution to the grievance within seven days.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(4) 
All papers and documents relating to a grievance and its disposition will be placed in the employee's personnel file.

§ 47-22 Code of Ethics.

The Local Government Ethics Law, N.J.S.A. 40A:9-22.1 through N.J.S.A. 40A:9-22.12, as may be amended from time to time, is hereby incorporated by reference.

§ 47-23 Restrictions on award of professional contracts.

[Added 4-22-2003 by Ord. No. O-03-8; amended 9-30-2003 by Ord. No. O-03-22]
A. 
Preamble.
(1) 
Whereas, professional business entities are exempt from public bidding requirements; and
(2) 
Whereas, there is the potential for professional business entities to make substantial political contributions to the election campaigns of the local government elected officers who are ultimately responsible for awarding professional service contracts; and
(3) 
Whereas, substantial local political contributions from professionals receiving discretionary contracts from the elected officials who receive such contributions raise reasonable concerns of the part of taxpayers as to their trust in the process of local government, as well as the quality or cost of services received; and
(4) 
Whereas, pursuant to N.J.S.A. 40A:11-5 and N.J.S.A. 40:48-2, municipalities have the right to establish rules and procedures for contracting with professional business entities;
(5) 
Now, therefore, be it ordained, that the policy of the Township will be to set maximum amounts professional business entities may contribute politically beyond which they become ineligible to receive a public professional service contract from the Township.
B. 
Prohibition on awarding public contracts to certain contributors.
(1) 
Any other provision of law to the contrary notwithstanding, the municipality or any of its purchasing agents or agencies, including all boards and commissions, or any of its independent authorities, as the case may be, shall not enter into an agreement or otherwise contract to procure services from any professional business entity, if that entity has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions or purchase of tickets, advertisements or the like, which proceeds will be used by or on behalf of or, to a campaign committee of any candidate or holder of the public office having ultimate responsibility for the award of the contract, or to any Freehold Township municipal or county party committee or to any county party committee in Monmouth County, in excess of the thresholds specified in Subsection B(5) within two calendar years immediately preceding the date of the contract or agreement or during the term of such a contract or agreement.
[Amended 10-26-2004 by Ord. No. O-04-37]
(2) 
It shall be a breach of the terms of the professional service contract for a professional business entity to:
[Added 10-26-2004 by Ord. No. O-04-37]
(a) 
Make or solicit a contribution in violation of this section;
(b) 
Knowingly conceal or misrepresent a contribution given or received;
(c) 
Make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution;
(d) 
Make or solicit any contribution on the condition or with the agreement that it will be contributed to a campaign committee of any candidate for Township Committee;
(e) 
Engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any contribution, which is made or solicited by the professional business entity itself, would subject that entity to the restriction of this section;
(f) 
Fund contributions made by third parties, including consultants, attorneys, family members, and employees;
(g) 
Engage in any exchange of contributions to circumvent the intent of this section; or
(h) 
Directly or indirectly, through or by any other person or means, do any act which would subject that entity to the restrictions of this section.
(3) 
No professional business entity which enters into negotiations for, or agrees to, any contract or agreement with the municipality or any department, board, commission or agency thereof or of its independent authorities for the rendition of professional services shall knowingly solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions or purchase of tickets, advertisements or the like, which proceeds will be used by or on behalf of or to 1) any candidate or holder of the public office having ultimate responsibility for the award of the contract, or to 2) any Freehold Township municipal party committee, 3) any county party committee in Monmouth County (unless during the preceding calendar year no contribution of money or in-kind contribution in an amount sufficient to require reporting on the local campaign election law report has been made to the local candidate or municipal party committee by the county committee to which the professional business entity may have contributed), or 4) any political action committee (unless during the preceding calendar year no contribution of money or in kind contribution in an amount sufficient to require reporting on the local campaign election law report has been made to the local candidate by the political action committee to which the professional business entity may have contributed) between the time of first communications between that business entity and the Township regarding a specific professional services agreement and the later of the termination of negotiations or the completion of the contract or agreement.
(4) 
For purposes of this section, a "professional business entity" seeking a public contract means an individual including the individual's spouse, if any, and any child living at home; person; firm; corporation; professional corporation; partnership; organization; or association. The definition of a business entity includes all principals who own 10% or more of the equity in the corporation or business trust; partner, and officers in the aggregate employed by the entity as well as any subsidiaries directly controlled by the business entity.
(5) 
Any individual meeting the definition of "professional business entity" under this subsection may annually contribute a maximum of $400 each for any purpose to any candidate for Township Committee, or $500 to any Freehold Township municipal party committee, county party committee in Monmouth County or political action committee, without violating Subsection B(1), (2) or (3) of this section. However, any group of individuals meeting the definition of "professional business entity" under this subsection, including such principals having 10% or more ownership interest, partners, and officers of the entity in the aggregate, may not annually contribute for any purpose in excess of $2,500 to all municipal candidates and officeholders with ultimate responsibility for the award of the contract, as well as all Freehold Township municipal political parties, county political parties in Monmouth County and political action committees combined, if proscribed by Subsection B(3) of this section, without violating Subsection B(1), (2) or (3) of this section.
[Amended 10-26-2004 by Ord. No. O-04-37]
(6) 
For purposes of this subsection, the office that is considered to have ultimate responsibility for the award of the contract shall be the Township Committee. However, the restrictions of this section apply to boards, commissions or agencies of the Township whose appointments of professionals either requires the approval of the Township Committee or whose operating funds are subject to appropriation by the Township Committee.
C. 
Contributions made prior to the effective date. No contribution of money or any other thing of value, including in-kind contributions, made by a professional business entity to any municipal candidate for Township Committee, or municipal party committee, county party committee or political action committee shall be deemed a violation of this section, nor shall an agreement for property, goods, or services of any kind whatsoever be disqualified thereby, if that contribution was made by the professional business entity prior to the effective date of this section.
D. 
Contribution statement by professional business entity.
(1) 
Prior to awarding any contract or agreement to procure services with any professional business entity, the Township or any of its purchasing agents or agencies, as they case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the bidder or offeror has not made a contribution in violation of Subsection B hereof and has not made or solicited contributions through intermediaries for the purpose of concealing the source of the contribution(s).
(2) 
The professional business entity shall have a continuing duty to report any violations of this section that may occur during the negotiation or duration of a contract. The certification required under this subsection shall be made prior to entry into the contract or agreement with the Township and shall be in addition to any other certifications that may be required by any other provision of law.
E. 
Return of excess contributions. A professional business entity may cure a violation of Subsection B hereof, if, within 30 days after the general election, the professional business entity notifies the Township Committee in writing and seeks and receives reimbursement of any contribution in excess of that allowed by Subsection B from the Township candidate, municipal political party, county political party or political action committee.
F. 
Retroactivity of future clarifications adopted. It is anticipated that there may be some professional business entities which determine to attempt a legalistic adherence to the letter, rather than the spirit of this section. It is the declared intent of this municipal governing body to remain vigilant to recognize such attempts to subvert the underlying purposes for which this section was adopted. Any professional business entity which may attempt such creative subversion does so at its peril. If and in the event creative actions are taken in order to defeat the purposes of this section, it is the intention of the governing body to enact appropriate clarification of this section, which clarification shall be retroactive to the initial effective date of this section thereby disqualifying such creative professional business entities from serving the Township. Changes to this section which are not for purposes of clarification, but which are amendments to the provisions hereto, shall become effective upon adoption and publication according to law.
G. 
Vote necessary for repeal. This section may be repealed only upon four affirmative votes of the governing body.
H. 
Violations and penalties.
[Amended 10-26-2004 by Ord. No. O-04-37]
(1) 
All Township professional service agreements shall provide that it shall be a breach of the terms of the government contract for a professional business entity as defined in Subsection B(4) to violate Subsection B(5) or to knowingly conceal or misrepresent contributions given or received, or to make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
(2) 
Any professional business entity as defined in Subsection B(4) who knowingly fails to reveal a contribution made in violation of this section, or who knowingly makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, shall be disqualified from eligibility for future Township contracts for a period of four calendar years from the date of the violation.
(3) 
Notwithstanding the foregoing Subsection H(1) and (2), any person or entity who violates any provision of this section shall, upon conviction, be liable for the penalties set forth in Chapter 1, Article II, General Penalty, of the Code of the Township of Freehold.
I. 
Fair and open process.
[Added 4-8-2008 by Ord. No. O-08-3]
(1) 
Pursuant to N.J.S.A. 19:44A-20.4 et seq., the Township and its agencies shall award professional contracts pursuant to the "Fair and Open" process method. Nothing set forth herein, however, shall render any professional contract null and void in the event the Township has, in particular cases and pursuant to the discretion exercised by the Township Committee, awarded a professional contract under the "traditional" method, i.e., pursuant to procedures employed prior to the effective date of N.J.S.A. 19:44A-20.4 et seq.
(2) 
The Purchasing Agent shall, in sufficient time prior to the end of each legislative year, undertake statutorily required procedures in seeking request for proposals for professional services required for the upcoming legislative year. Every effort shall be made by the Purchasing Agent to have all responses to the request for proposal received at least 30 days prior to the commencement of the new legislative year.
(3) 
Proposals from professionals will be evaluated by the Township Committee of the Township of Freehold and its agencies on the basis of the proposals deemed to be most advantageous, price and other factors considered. The evaluation will consider:
(a) 
Experience and reputation in the field.
(b) 
Knowledge and experience with Township Committee form of government.
(c) 
Knowledge of the Township of Freehold and the subject matter to be addressed under the contract.
(d) 
Availability to accommodate any required meetings of the agency.
(e) 
Support staff availability.
(f) 
Compensation proposal.
(g) 
Other factors, if determined to be in the best interest of the Township of Freehold and its agencies.

§ 47-24 Tuition reimbursement.

A. 
Purposes and objectives.
(1) 
It is the policy of the Township of Freehold to encourage the professional development of municipal employees. This policy pertains to every position held by a regular full-time Township employee. Financial aid to reimburse the employee for the cost of courses at accredited educational institutions is offered when such courses fulfill mandated continuing education units in order to achieve or maintain licenses or certifications required for the position held by that employee within the Township.
[Amended 3-17-2009 by Ord. No. O-09-2]
(2) 
The objectives of the tuition reimbursement program are to maintain employee morale, increase interest in the employee's job, thereby decreasing absences and turnover rates and provide for greater efficiency in the performance of tasks by the employees.
B. 
Eligibility. The following are threshold prerequisites for being considered for the tuition reimbursement program:
(1) 
Employee eligibility.
(a) 
Regular full-time employee.
(b) 
At least six months service as a regular full-time employee.
(c) 
Course completion with a grade of "C" or better.
(2) 
Course eligibility.
(a) 
Completed not less than one year after employee's date of employment.
(b) 
Taken at an accredited institution, i.e. college, university, secretarial, business and/or correspondence school.
(c) 
To be completed outside of working hours.
(d) 
Approved by department head and Township Administrator.
(e) 
Such courses shall fulfill mandated continuing education units in order to achieve or maintain licenses or certifications required for the position held by that employee within the Township
[Amended 3-17-2009 by Ord. No. O-09-2]
(f) 
Not reimbursable under veterans educational benefit program or any other reimbursement program available to the employee.
C. 
Management approvals. In addition to satisfying the eligibility requirements of Subsection B, the following procedures are required before reimbursement will be made:
(1) 
Employee must submit a plan of goals and objectives for approval by his or her department head and by the Township Administrator. The plan must demonstrate that the proposed course is an integral part thereof.
(2) 
Department head must review and approve the plan of goals and objectives as well as the proposed course and course load.
(3) 
Township Administrator must review and approve the educational institution, the plan of goals and objectives, the proposed course and course load. In making his/her decision, the Township Administrator shall consider, among other things, the employee's absentee rate and reason therefor, the number of courses taken and whether or not job performance may be adversely affected thereby.
D. 
Reimbursement amount. The following items of expense shall be eligible for reimbursement under the tuition reimbursement program:
(1) 
Registration fee.
(2) 
Tuition which will be reimbursed at a rate equal to the average tuition rate of New Jersey colleges. The average tuition rate shall be determined by contacting not less than four accredited New Jersey state colleges not later than August 1 of each year. The Township reimbursement rate shall be the average of the tuition rates of the schools contacted.
(3) 
Laboratory fees.
(4) 
Graduation fees.
(5) 
Required books, which reimbursement shall not exceed $50 per course.
[Amended 12-27-2005 by Ord. No. O-05-48]
(6) 
Diplomas.
(7) 
Thesis bindings.
E. 
Written agreement. No reimbursement shall be made until the employee has executed an agreement which acknowledges the employee's review and familiarity with this section, the conditions of the reimbursement program and agrees to refund any such reimbursement to the Township if any of the following occur:
(1) 
Any condition set forth in this section is violated.
(2) 
Employee resigns from employment before completion of course.
(3) 
Employee fails to complete course satisfactorily with a grade of "C" or better.
(4) 
Employee is discharged for cause from employment with the Township.
(5) 
Employee resigns or otherwise discontinues his/her employment with the Township within two years of receiving a certification or degree for which some or all of the course requirements were reimbursed by the Township to the employee.

§ 47-25 Indemnification of municipal officers and employees.

A. 
Indemnification; requirements. Subject to Subsection C of this section, whenever any civil action has been or shall be brought against a member of the Township Committee, other Township official, any member of any board, commission, council or other agency of the Township, or Township employee for any action or omission arising out of or in the course of the performance of the duties of such person's office, the Township shall defray all defense costs and expenses, including reasonable attorney's fees and expenses together with the cost of any appeal, in accordance with Subsection B and shall save harmless and protect such individual from any financial loss resulting from the litigation.
B. 
Indemnification; defense.
(1) 
Where the defendant is a Township employee or Township official other than a Township Committee member, the Township Committee shall appoint counsel for the defendant.
(2) 
The defendant entitled to indemnification pursuant to Subsection A may designate his/her own legal representation. If the defendant designates his/her own legal representative, said designation shall be subject to the following restrictions:
(a) 
The legal representative shall be an attorney in good standing, licensed and admitted to the practice of law in the State of New Jersey.
(b) 
The defendant shall submit a letter to the Township Committee indicating his/her desire to have a designated legal representative and shall, at the same time, designate the legal representative.
(c) 
The legal representative shall agree to bill the Township at no more than the rate per hour established by the Township Committee for the Township Attorney at the time of the legal representative's designation as counsel by the defendant.
(d) 
The legal representative shall periodically submit an itemized bill for all services rendered to the defendant in accordance with the designation and shall complete such forms and/or vouchers as required for payment by the Township.
(e) 
Agreement that the legal representative and defendant shall not enter into a settlement of the civil action without prior approval of the Township Committee.
C. 
Indemnification; exceptions. The Township Committee shall not be required to provide for a defense and/or indemnification pursuant to this section under the following circumstances:
(1) 
Where the legal proceeding involves a criminal matter or arises under the election laws of the State of New Jersey.
(2) 
Where the civil action is brought by the member of the Township Committee who is seeking indemnification; provided, further, that where a defendant member of the Township Committee asserts a counterclaim in an action in which such member is a defendant, a defense and indemnification shall be provided by the Township Committee except as to matters arising under the counterclaim.
(3) 
Where the civil action is brought by the Township Committee against the defendant.
(4) 
Where the civil action has resulted in punitive damages being awarded against the defendant; provided, further, that where Township funds have been expended in the defense resulting in the awarding of punitive damages, said funds shall be reimbursed to the Township by the defendant.
(5) 
Where the civil action arises from acts or omissions not within the scope of duty of the Township employee, member of the Township Committee or other Township official or arises from acts of willful misconduct or actual malice.
(6) 
Where the Township has obtained an insurance policy which insures the Township employee, member of the Township Committee or other Township official, and the insurance company has agreed to defend the cause of action and indemnify the defendant; provided, further, that the Township shall be liable for the payment of any minimum deductible amount which the insurance policy does not cover.

§ 47-26 Health care benefits buyout.

[Amended 4-22-2003 by Ord. No. O-03-13; 7-25-2006 by Ord. No. O-06-29; 2-22-2011 by Ord. No. O-11-1; 9-27-2011 by Ord. No. O-11-23]
A. 
Pursuant to N.J.S.A. 40A:10-16 et seq., the Township shall provide health care benefits to its full-time "employees" as that term is defined in N.J.S.A. 40A:10-16b; however, that term shall not include elected officials. The different plans to be made available and the coverage levels shall be determined, from time to time, by the Township. The Township may redirect enrollment in and make available different plans and coverage in its discretion
B. 
Those employees receiving health care benefits shall contribute to the cost of such benefits as required by P.L. 2011, Ch. 78.
C. 
If an employee or retired employee (Hereafter, for purposes of this Subsection C only, both employee and retired employee shall be referred to as "employee.") is eligible for health care benefit coverage, and meets the eligibility requirements set forth in Subsection C(1) below, such employee may annually elect to receive the monetary payments provided for in Subsection C(2) below ("buyout payment").
(1) 
Eligibility. All of the following eligibility requirements must be satisfied:
(a) 
The employee must have health care benefits coverage from another source.
(b) 
The alternate source of coverage must be from a source other than the Township. For example, if the employee's spouse is employed by the Township and both the employee and his/her spouse are eligible for health care benefits coverage through the Township, a spouse declining coverage under this subsection, would not be eligible for the buyout payment.
(c) 
Employees must execute an appropriate application form as prepared and provided by the office of the Township Administrator no later than November 30, prior to each calendar year for which the employee will seek the buyout payment.
(2) 
Buyout payment. For eligible employees, the following buyout payments will be paid in two equal installments, the first installment on June 1 and the second installment on December 1:
(a) 
If medical coverage, including prescription plan, is declined, the buyout payment will be the lesser of $4,800 annually or the percentage, as set forth in N.J.S.A. 40A:10-17.1, of the Township’s cost for the health care coverage declined.
[Amended 12-17-2013 by Ord. No. O-13-37]
(b) 
If dental coverage is declined, the buyout payment will be $150 annually.
(c) 
The payments provided for hereunder would be subject to income tax, but not considered pensionable income.
(3) 
Annual election. The election provided for in this section must be made on an annual basis. If an employee elects the buyout payment for a particular calendar year, he/she may decline to apply for the option provided in this section for a subsequent calendar year and may enroll, during prescribed enrollment periods, for health care benefit coverage through the Township to resume for such subsequent calendar year.
(4) 
An employee who waives coverage because he/she was covered by a spouse’s benefits shall be permitted to resume coverage under the same terms and conditions as though he/she had not waived coverage if the employee ceases to be covered through the employee’s spouse for any reason.
[Added 12-17-2013 by Ord. No. O-13-37]
(5) 
An employee, who is scheduled to retire may, at least 30 days prior to the scheduled retirement date, terminate his/her buyout election and shall be permitted to resume coverage under the same terms and conditions as though he/she had not waived coverage.
[Added 12-17-2013 by Ord. No. O-13-37]
(6) 
An employee who wishes to resume coverage shall file a declaration with the Township, in such form as the Township shall prescribe, that the waiver is revoked.
[Added 12-17-2013 by Ord. No. O-13-37]
(7) 
An employee who resumes coverage shall repay, on a pro rata basis, any amount which represents an advance payment for a period of time during which coverage is resumed.
[Added 12-17-2013 by Ord. No. O-13-37]

§ 47-27 Employee program discounts.

[Added 2-25-2003 by Ord. No. O-03-2]
A. 
Purpose. The purpose of this section is to establish permissible areas of discounts for Township employees. The scope of the permissible areas has been established to provide a level of benefit to Township employees, while at the same time not resulting in such benefits being given from collected tax revenue.
B. 
Definitions. All terms used herein shall have their usual and customary meanings unless the context in which such term or terms is used shall provide otherwise. The following specified term shall have the following meaning:
IMMEDIATE FAMILY
The Township employee, his/her spouse, any child or step-child providing such spouse/child is living in the same household as the Township employee.
C. 
Scope of employee discount program. Township employees shall be allowed discounts, subject to Subsection E below, only to the Township employee and his/her immediate family for enrollment in the summer recreation program and for rental of the senior center.
D. 
Amount of discount. The discount shall be in the amount of 25% of the fee as established by the Board of Parks and Recreation Commissioners.
E. 
Approval of Parks and Recreation Commissioners required. This section sets forth the scope of permissible Township employee discounts, but shall be effective only upon approval, by resolution, of the Board of Parks and Recreation Commissioners, being the entity in the best position to assure that the impact of any such discounts shall not adversely impact the existence or quality of the recreation program. Nothing herein shall prevent the Parks and Recreation Commissioners from reassessing, on an annual basis, the impact of any such discounts.

§ 47-28 Retirement plan eligibility of positions.

[Added 7-29-2008 by Ord. No. O-08-15]
A. 
Purpose. The purpose of this section is to comply with N.J.S.A. 43:15C-2 and the guidelines promulgated by the New Jersey Department of Community Affairs, Division of Local Government Services, as set forth in Local Finance Notice 2008-10, requiring that local governing bodies adopt an ordinance identifying positions eligible for membership in the Defined Contribution Retirement Program (DCRP) as established by N.J.S.A. 43:15C-1 et seq., and those positions, which are eligible for membership in the Public Employees' Retirement System (PERS).
B. 
Pension Certifying Official. The Township's Chief Financial Officer, functioning as the Pension Certifying Official, is responsible for making determinations concerning enrollment in PERS and DCRP, subject to review by the State of New Jersey Department of the Treasury, Division of Pensions and Benefits.
C. 
Positions eligible for membership in PERS. The following are positions or descriptions of circumstances under which a person holding a position is eligible for membership in PERS:
(1) 
Positions that are a routine appointment by the governing body as set forth and explained in N.J.S.A. 43:15C-2(a)(3), for example, administrative support staff and public works rank and file staff.
(2) 
Individuals holding a professional license or certificate and serving in any of the following capacities:
(a) 
Certified Health Officer.
(b) 
Tax Collector.
(c) 
Chief Financial Officer.
(d) 
Construction Code Official.
(e) 
Qualified Purchasing Agent.
(f) 
Tax Assessor.
(g) 
Municipal Planner.
(h) 
Registered Municipal Clerk.
(i) 
Licensed Uniform Subcode Inspectors.
(j) 
Person holding the certification for Certified Public Works Manager, commonly known as "Principal Public Works Manager."
(3) 
A person appointed to a temporary or interim acting position requiring a professional license or certification for the positions set forth in Subsection C(2) above.
(4) 
A person employed by the Township who is already enrolled in a PERS position, but thereafter promoted through a valid promotion to a position which would otherwise require DCRP enrollment.
(5) 
An individual who was a member of PERS on or before June 30, 2007, even though appointed to a DCRP position, if such person has continuously been a member of PERS since that time. "Continuously," as used herein, shall mean that a period of no more than two years has elapsed from the time the individual left employment in a PERS position until the time that the person was reemployed.
D. 
Positions requiring enrollment in DCRP. Except as otherwise described in Subsection C above, the following positions are only eligible for DCRP enrollment:
(1) 
Positions that involve executive decisionmaking or are senior management whose hiring or appointment requires approval of the governing body, as based on statute or ordinance.
(2) 
The following positions, provided they are not filled pursuant to a professional services resolution or professional services agreement, and provided the employee holding such position is salaried:
(a) 
Township Administrator.
(b) 
Any department head.
(c) 
Municipal Attorney.
(d) 
Municipal Engineer.
(e) 
Municipal Prosecutor.
(f) 
Municipal Court Judge.
E. 
No person employed pursuant to a professional services resolution or a professional services agreement shall be eligible for enrollment in either the DCRP or PERS.
F. 
All PERS membership appointments are subject to review and approval of the State of New Jersey Department of the Treasury, Division of Pensions and Benefits.
G. 
Interpretation of section. All interpretations of this section and application of its provisions shall be guided by and in accordance with Local Finance Notice 2008-10 and any amendments or supplements thereto.