[HISTORY: Adopted by the Township Committee
of the Township of Hillsborough 11-12-1974 by Ord. No. 74-11 (Ch.
35 of the 1977 Code); amended in its entirety 9-24-1999 by Ord. No.
99-46. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
That person who is designated by the Township Committee as
responsible to the Township Committee for the operation of a Township
department.
An employee regularly performing not less than 37.5 hours
of normal duty weekly.
An employee's immediate supervisor as designated by the Township
Committee.
An employee working 30 hours or less of normal duty weekly.
A subcommittee of the Township Committee consisting of two
members appointed by the Mayor to a one-year term commencing January
1 of each year.
An employee hired for a term not exceeding 120 consecutive
workdays.
A.
The Township Committee shall formally effect the creation
of any new position or replacement in accordance with the applicable
New Jersey statutes and authorize the filling of it prior to any employment
or engagement of employee. In addition, there shall be provided in
the current budget or otherwise specific and adequate funds to compensate
the employee before employment is engaged.
B.
Every applicant for a permanent position shall be
at least 18 years of age and a citizen of the United States of America.
C.
New employees entering new or existing positions,
current employees changing positions and all employees entering newly
created positions shall be considered probationary employees in the
new position for a period of 90 calendar days, dispatchers 180 days.
Management may, at its sole discretion, extend the probationary period
for an additional 90 calendar days. Current employees will retain
full benefits while in this probationary status.
D.
At the end of the probationary period, the department
head or his designee shall review the employee's work record with
the employee; and, if satisfactory, recommend in writing, regular
employment status to the Township Committee. If, at any time during
or at the end of the probationary period, the conduct and/or performance
of the employee is found to be unsatisfactory, the Township has the
right to terminate the employee. The decision of the Township regarding
termination of employees who are probationary in status shall not
be subject to the grievance procedure or any other recourse in law
or equity. In the case of a current employee changing positions and
whose conduct and/or performance in the new position is found to be
unsatisfactory, the Township will make a reasonable attempt to restore
the employee to his/her former or comparable position, if available.
In no case shall an employee be kept on a probationary status for
more than the designated time allotment.
E.
All full time employees shall receive health benefits
under a health program as designated by the Township Committee.
F.
All full-time employees shall become members of the
Public Employee's Retirement System or the Police and Firemen's Retirement
System as required by the rules and regulations of the Public Employee's
Retirement System and/or the Police and Fireman's Retirement System.
G.
No temporary or part-time employee shall be eligible
for health benefits, sick leave or vacation.
H.
Any change of marital status, residence, etc., shall
be reported to the employee's department head within three days thereafter
for the purpose of updating the personnel history file and payroll
record.
I.
This chapter is intended to be general in character
and cover any and all employees and departments of government in this
Township where there is not now or there is not hereafter adopted
a specific ordinance or bargaining unit contract covering the same
subject matter. Where there is a specific ordinance or bargaining
unit contract covering a particular employee, department or subject
matter, such as the Police Department, same shall be controlling.
A.
An application form for employment must be completed
by each person applying for a position with the Township of Hillsborough.
This completed application will be referred to the department head
of the department having the particular opening.
B.
The department head or his designee will conduct a preliminary interview with each applicant and appraise the candidate of our personnel policies, conditions of employment, salary range and benefits and the duties of the position. If the position under consideration is for that of a department head, the Township Administrator will be responsible and will act pursuant to Subsections C and D below in place of the department head.
C.
If the department head, following the interview, concludes
that the candidate meets the requirements for the position, the department
head will conduct a reference investigation and check all previous
employment. If such information is favorable, the department head
shall recommend hiring to the Administrator.
D.
If the position is a department head, the Township
Administrator will conduct a reference investigation and check all
previous employment. If such information is favorable, the Township
Administrator will arrange for an interview with the Personnel Committee.
E.
If the applicant for a police officer or public works
worker position is deemed suitable to hire, the department head will
arrange a physical examination for the applicant at the Township's
expense.
F.
Following the successful completion of the foregoing
procedures, the appointment of the applicant will be referred to the
Township Committee for formal final action, including the amount of
salary to be offered.
G.
If approved by the Committee, the Township Administrator
will notify the department head to advise the candidate of the starting
date and arrange for the candidate to report to the office of the
Treasurer to complete the necessary employment formalities. The Township
Administrator will then arrange for the establishment of the employee's
records.
A.
A personnel history file will be established for each
employee and maintained by the Township Clerk. Each department head
will furnish and continuously update information to the Township Clerk
on each employee in his/her department.
(1)
Personnel history files shall be housed in a locked,
file cabinet and filed in two groups: active and inactive (current
employees and employees no longer in Township employ).
(2)
The personnel history file will contain the following
information where applicable:
(a)
Employment application.
(b)
Personnel attendance records.
(c)
Personnel evaluation forms.
(d)
Commendations.
(e)
Promotion resolutions.
(f)
Educational transcripts.
(g)
Disciplinary actions.
(h)
Letter of resignation.
(i)
Any other pertinent information or material.
(j)
Separate file for medical records.
(3)
Only the Township Administrator and the Township Clerk
shall have access to any and all personnel history files. A department
head may have access to the records of employees directly under his
supervision, in the presence of the Township Clerk. The Township Committee
shall have access to appropriate files as part of a grievance or disciplinary
proceeding.
(4)
Any employee may examine his personnel history file
at reasonable times in the office of the Township Clerk.
(5)
Any personal comments written on an employee's file
should be evaluations derived from a discussion between the employee
concerned and his respective department head and a copy of such comments
shall be given to the employee and the Township Administrator.
(6)
Under no circumstances may any or all personnel history
files or copies thereof be removed from the Municipal Building without
the prior consent of the Township Committee and the employee.
(7)
Police Department personnel history files shall be
housed in the office of the Chief of Police and maintained by the
Chief of Police.
B.
Payroll records. Payroll records shall be maintained
by the Township Treasurer.
A.
Each department head, including the Administrator,
will establish a mutually agreeable performance plan with each employee.
B.
Every department head will meet individually with
each employee in his department annually for the purpose of evaluating
that employee's job performance and providing the employee with the
opportunity to discuss any job-related questions. New employees or
current employees in new positions shall have performance plans set
and evaluations conducted during the first six months.
C.
The evaluation will be recorded on the personnel evaluation
form and signed by the department head. The employee will indicate
concurrence with the evaluation by adding comments, if any, and signing
the form.
D.
If the employee does not concur with the evaluation,
he should indicate nonconcurrence and sign the form.
E.
The completed, signed form will be submitted for review
by the Township Administrator then placed in the employee's personnel
history file.
F.
All department heads will be evaluated by the Township
Administrator in the same manner as indicated above, and the evaluation
will be reviewed by the Township Committee or a subcommittee thereof.
The Township Administrator will be evaluated by the Township Committee
or a subcommittee thereof.
G.
Police Department Personnel are exempt from this clause
and will be evaluated under the guidelines set forth in the Police
Department policy as set forth by the Chief of Police.
A.
Each employee will maintain the time and attendance
form and submit it biweekly for certification by his department head
or manager. Department heads and managers of departments will have
the Township Administrator certify their forms. Employees of departments
which do not have full-time department heads or managers will submit
their time and attendance forms biweekly for certification by the
Township Administrator. The Township Administrator will have the form
certified by the Township Clerk and the Township Clerk by the Administrator.
All certified time and attendance forms will be submitted to the Township
Treasurer for the purpose of updating the personnel attendance records
in the personnel history files and for creation of the payroll.
B.
The hours of work for all Township employees shall,
without exception or unless otherwise stated in this chapter or in
a collective bargaining agreement or as defined by the Township Administrator
and approved by the Township Committee for those positions which require
a different work schedule to perform their duties, be at a minimum
Monday through Friday, from 8:00 a.m. through 4:30 p.m. The hours
of work for the Township Public Works Department shall be Monday through
Friday, from 7:00 a.m. to 3:30 p.m., unless otherwise stated in a
collective bargaining agreement. Township Police Department employees
shall work pursuant to a schedule established by the Chief of Police
consistent with any collective bargaining agreement and applicable
law. Managerial and supervisory employees may have to perform their
duties beyond these hours.
[Amended 3-25-2003 by Ord. No. 2003-02]
C.
All Township employees shall, without exception or
unless otherwise stated in this chapter, be at their assigned posts
ready to perform their duties during normal working hours.
[Amended 3-25-2003 by Ord. No. 2003-02]
D.
Any lateness and the reason for it shall be noted
on the time and attendance form. Recurring or chronic lateness may
lead to disciplinary action, e.g., deducting pay for actual time late,
suspension or termination.
E.
It shall be the responsibility of each employee to
notify his department head or manager without delay if he is to be
absent from or delayed in reaching his post. If he is unable to contact
his department head or manager, the Township Administrator shall be
notified. Failure to report when absent may lead to disciplinary action;
e.g., deducting pay for actual time of unauthorized absence, suspension
or termination. Vacation and personal day requests shall be submitted
to the department head prior to the days to be taken.
F.
[1]Lunch periods shall be of 1/2 hour duration and must
be arranged to make certain that duty stations will be covered during
the period.
[1]
Editor's Note: Former Subsection F, concerning
extension of hours by department head, was repealed 3-25-2003 by Ord.
No. 2003-02. This ordinance also provided for the redesignation of
former Subsection G as Subsection F.
G.
Transitional duty.
[Added 5-25-2010 by Ord. No. 2010-13; amended 12-10-2019 by Ord. No.
2019-25]
(1)
The Township will endeavor to bring employees with temporary disabilities
back on the job as soon as possible and may assign transitional duty
to employees who temporarily cannot perform the essential functions
of their positions because of injury or illness but are capable of
performing alternative duty assignments. Transitional duty is not
guaranteed.
(2)
Transitional duty will be accommodated when the Workers' Compensation
Physician determines that the employee can return to work with restrictions.
Transitional duty will only be assigned if the employee will be able
to perform the essential functions of the position after the transitional
duty period. The Workers' Compensation Physician and/or provider
will consult with the Township Administrator to determine if there
is any meaningful work that can be performed consistent with the restrictions.
Transitional duty assignments may be to any department and not just
the employee's normally assigned department and may be for any
duties that are approved by the Physician.
(3)
There will be no positions created for transitional duty assignments.
The granting or denial of a transitional duty assignment or the termination
of such assignment shall not be grievable.
(4)
Employees may not refuse transitional duty assignments. In such case,
failure to report to work as directed shall constitute immediate grounds
for dismissal. If the employee believes that the transitional duty
assignment is beyond the employee's abilities, the employee may
request a meeting with the Township Administrator, who will render
a written response within 24 hours after said meeting if granted or
within 24 hours after a denial of a meeting. Refusal to report for
work after said meeting shall also constitute immediate grounds for
termination.
(5)
Employees on transitional duty will receive their regular salaries
and benefits. If transitional duty is approved, the employee and/or
Workers' Compensation Physician and/or provider must keep the
Township Administrator informed of the medical progress of the employee.
If, at the end of the transitional duty period, the employee is not
able to return to work without restrictions, the Township reserves
the right to require a functional capacity test be performed to extend
the transitional duty or place the employee back on workers'
compensation or disability or terminate the employee's employment
with the Township. This policy does not affect an employee's
rights under all applicable state and federal laws.
(6)
(Reserved)
(7)
Prior to the return to full duty status, the Workers' Compensation
Physician must sign a statement of medical certification supporting
the reassignment of the employee back to normal duties without restrictions.
A.
All current employees, in addition to the base salary,
shall be paid with their base pay during each pay period, longevity
based on the following scale:
Years Completed
|
Percentage of Base Salary
| |
---|---|---|
Upon completion of 5 years
|
2% of base salary
| |
Upon completion of 10 years
|
4% of base salary
| |
Upon completion of 15 years
|
6% of base salary
| |
Upon completion of 20 years and thereafter
|
8% of base salary
|
B.
There is hereby established a new longevity schedule
for employees hired after January 1, 1996, as follows:
Years Completed
|
Longevity Payment
| |
---|---|---|
Upon completion of 5 years
|
$250
| |
Upon completion of 10 years
|
$500
| |
Upon completion of 15 years
|
$750
| |
Upon completion of 20 years and thereafter
|
$1,000
|
A.
Overtime work shall be kept to a minimum and, except
in cases of emergency, shall be authorized by the heads of departments
with the prior approval of the Administrator. Reasons for all overtime
shall be noted on the time and attendance form.
B.
ln. all instances, however, overtime compensation
of 1 1/2 times the base hourly rate shall commence only after
the completion of 40 hours' work in any one calendar week. Holidays,
sick days, personal days and vacation days may be counted toward the
40 hours for overtime, with the number of hours per day equal to the
number of hours in the employee's normal workday. Workers' compensation
does not constitute hours worked.
C.
Department heads, managers, police officers above
the rank of Sergeant, deputy department heads and other nonunion salaried
employees shall not be entitled to overtime pay.
D.
In computing overtime compensation, the nearest 1/4
hour shall be the smallest fraction of an hour to be reported.
E.
The base hourly rate for all Township employees shall
be calculated by dividing the employee's annual base salary by the
number of hours in the employee's work year.
A.
The following days will be recognized as holidays
for Township employees with Township offices closed and normal operations
suspended:
[Amended 12-9-2008 by Ord. No. 2008-46]
(1)
New Year's Day.
(2)
Martin Luther King's Birthday.
(3)
Presidents' Day.
(4)
Good Friday.
(5)
Memorial Day.
(6)
Independence Day.
(7)
Labor Day.
(8)
Columbus Day.
(9)
Veterans' Day.
(10)
Thanksgiving Day.
(11)
The day after Thanksgiving Day.
(12)
Christmas Eve.
(13)
Christmas Day.
(14)
Two floating holidays (cannot be carried over to the
following year.)
(15)
Adjustments to the holiday schedule in this section
may be approved by resolution of the Township Committee.
(16)
The holiday schedule does not apply to employees covered
by a collective bargaining agreement.
B.
Police Department personnel shall work regular rotational
schedules without regard for recognized holidays.
(1)
Dispatchers hired after January 1, 1986, in lieu of
holiday time off, 15 days will be paid at straight time in addition
to base salary as follows:
(2)
Dispatchers hired prior to January 1, 1986, will be
given the following seven days off in lieu of pay and the balance
of the eight holidays will be paid as stated in B(1)(a) and (b) above.
C.
If a holiday is declared by the President of the United
States, employees shall be entitled to such holiday in addition to
those designated. In lieu of holiday time off, payment for the designated
holiday will be included in the final pay period of the year at a
rate of straight time.
D.
If a special holiday is declared by resolution of
the Township Committee, not covered by this or any other contract
agreement, employees shall be entitled to such holiday in addition
to those listed in this section. In lieu of holiday time off, payment
for the designated day will be included in the final pay period of
the year at a rate of straight time.
E.
Hourly employees who are required to work on a holiday
will be paid for actual time worked at twice the base hourly rate.
F.
When a holiday falls during an employee's allotted
vacation, the employee will be given an additional day off, arranged
with and approved by the department head.
G.
When a recognized holiday falls on a Sunday, it will
be observed the following Monday. When such a holiday falls on a Saturday,
it shall be observed the prior Friday.
H.
To be eligible to receive holiday pay, an employee
shall work the full regularly scheduled workday before the holiday
and the regularly scheduled workday after the holiday, unless he has
been excused by his department head or unless his department head
is satisfied that his absence was justified.
A.
In the calendar year of hire, all full-time employees
will be entitled to one paid vacation day for each month worked after
the first two months of service. If employed from the first to the
15th of the month, employee will be considered employed for the current
month. If hired from the 16th to the end of the month, vacation time
starts the following month.
B.
Employees will be entitled to paid vacation in subsequent
calendar years according to the following table:
Years of Service
|
Vacation Days
| |
---|---|---|
1 through 5
|
10
| |
6 through 10
|
15
| |
11 or more
|
201
| |
21 or more
|
231
| |
1 21 days for Lieutenant,
Captain and Chief (Police Department only)
|
C.
Department heads will receive one extra week vacation.
D.
All vacation periods earned during a calendar year
must be taken during that year. The Township Administrator, for good
and sufficient cause shown, may allow any part or all of the earned
vacation to be taken in the year following that in which it is earned.
Under no circumstances may an employee accrue more than 30 days vacation.
E.
Vacation periods must be arranged with and approved
by the appropriate department head or designee and must be taken in
a minimum of half-day increments.
F.
The Township Committee, Township Administrator or
department head, may, for good cause shown, suspend any vacation period
and require that it be taken at a different time.
A.
As used in this section, "sick leave" means paid leave
that may be granted to each full-time employee who through sickness
or injury becomes incapacitated to a degree that makes it impossible
for him to perform the duties of his position or who is quarantined
by a doctor's written instruction because he has been exposed to a
contagious disease. Sick leave may also be taken for illness of a
member of the immediate family, which is understood to mean spouse,
children or parent residing in the same dwelling place with the employee.
B.
Each employee shall be allowed to accumulate sick
leave at the rate of one day for each month worked. Upon the retirement
or termination of employment of any employee, such accumulated sick
leave shall entitle him to receive, in addition to any other compensation
due him, a payment based on the rate of one day's compensation, at
the employee's current salary rate, for each three days' sick leave.
C.
In the event that an employee is eligible to receive
municipal, state or federal disability payments, accumulated sick
leave will be paid at a rate such that the combination of sick leave
and disability payments will equal the employee's normal compensation
until the accumulated sick leave is exhausted.
D.
An employee who is absent because of disability or
trauma caused in the usual course of his employment and directly in
the line of duty must have such absence certified by a Township-selected
physician at Township expense. Upon Township receipt of this certification,
the employee will receive his normal weekly compensation less any
applicable workmen's compensation benefits for a period of one year
from the date of the disability or accident. Such absence will not
be charged against the employee's, accumulated sick leave; however,
all other provisions of this section shall apply.
E.
No employee while on sick leave from the Township
shall be otherwise employed or engaged in any outside work or employment.
F.
Sick leave shall not be used in advance of its accrual.
G.
In all cases of reported illness or disability, the
department head shall have the right to require a doctor's certification
of illness or to have a physician designated by the Township examine
and report on the condition of the patient employee.
H.
All absences on account of illness or disability shall
be reported immediately by or for the employee to his department head
or manager. If the department head or manager cannot be contacted
promptly, the report shall be made to the Township Administrator.
I.
If an absence is not reported immediately, it shall
be treated as an unauthorized absence without pay.
J.
In the event of an injury caused in the course of
employment, the injured employee, or his manager if the employee is
incapacitated, should report such injury on the first available work
day to the Township Administrator, who will process the necessary
forms for insurance purposes. The employee should then report to a
physician selected by the Township, and the physician's report and
bill should be forwarded to the Township Administrator.
The Township shall pay for and provide each
full-time employee, who is not a member of a contract bargaining unit,
disability insurance equal to 50% of the employee's base salary and
payable for a term of six months, subject to a seven-day waiting period.
A.
Each employee shall be allowed three days with pay
during the calendar year for the conduct of personal business, arranged
with and approved by the department head and must be taken in a minimum
of half-day increments.
B.
In addition to the above, each employee shall be allowed
four days with pay upon the death of a member of his immediate family.
A.
Regular employees shall receive the difference between
full pay and jury pay for any time spent on jury duty on those days
when the jury is not in session or on days when the employee is excused
from jury service prior to 2:00 p.m., he shall return to his department
to perform his regular duties for the balance of the workday.
B.
When summoned for jury service, the employee shall
give his summons to his department head, who shall see that it is
included in the employee's personnel history file. The employee shall
then be granted the appropriate time off by his department head.
A.
Any full-time employee 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 and is required to engage
in field training shall be granted a military leave of absence with
pay for the period of such training as is authorized by law. This
paid leave of absence shall be in addition to his vacation.
B.
If the amount of pay the employee receives from the
federal or state government for temporary training duty (a period
not to exceed 15 consecutive days of training) is less than the base
compensation which he would have received for the same period, he
shall be paid the difference by the Township.
C.
When an employee not on probation has been called
to active duty or inducted into the military or naval forces of the
United States, he shall automatically be granted an indefinite leave
of absence without pay for the duration of such active military service
and all employee benefits shall cease. Such employee may be reinstated
without loss of privileges or seniority accrued to the last day worked,
provided he reports for duty with the Township within 60 days following
his honorable discharge from the military service and has not voluntarily
extended the length of his military service.
D.
If the military service occurs during a time of war,
reinstatement will be allowed up to three months after the date of
honorable discharge unless the employee is incapacitated at the time
of discharge, in which case reinstatement will be allowed up to three
months following his recovery so long as the recovery occurs within
two years from the date of discharge.
E.
"Active duty" shall mean more than 15 days' service.
The provisions of § 89-12, Disability insurance, § 89-17, Leave of absence without pay, and/or the Family and Medical Leave Act[1] will provide for maternity leave.
[1]
Editor's Note: The Family and Medical Leave
Act, enacted into law February 1993, and N.J.S.A. 34:11B-1 et seq.
may be applicable.
A.
A leave of absence without pay may be requested by
an employee, who shall submit in writing all facts bearing on the
request to his department head, who shall append his recommendations
and forward the request to the Township Administrator. If the leave
request is for 10 business days or less, the Township Administrator
may approve it. If it is for more than 10 business days, the concurrence
of the Township Committee must be obtained. Each case shall be considered
on an individual basis and, if leave is granted, all employee benefits
shall cease and shall be fully assumed by the respective employee.
The employee may be reinstated without loss of privileges and seniority
accrued to the last day worked at the discretion of the Township Committee.
B.
If the leave of absence is being requested under the
provisions of the Family and Medical Leave Act, the following policies
will apply:
A.
It is the policy of the Township of Hillsborough to
encourage continuing education on the part of regular, full-time employees
for the purpose of enabling them to perform more efficiently in their
jobs and to better prepare them for advancement and promotion within
the Township.
B.
This policy applies to all personnel not governed
by a contractual agreement.
C.
Educational assistance will only be considered for
those course(s) that are deemed to be of value to the position the
individual currently holds, or might hold if promoted, and if funds
are available in the current or succeeding budget.
D.
Continuing education includes college courses as part
of a degree program, individual college courses, nonaccredited courses,
certification programs, and seminars and conferences. Since these
categories vary in scope, cost, time expended and expected benefit
to the Township, varying levels of approval must be obtained.
E.
As a means of sustaining the Township's investment,
personnel who are no longer in the employ of the Township at the scheduled
time for reimbursement shall not receive reimbursement.
(1)
College courses and degree programs.
(a)
Approval required. The Township Committee must
pre-approve all requests. The recommendation of the employee's department
head and the Township Administrator must also be obtained.
(b)
Amount of reimbursement. Seventy percent of
the cost of tuition and fees based on the per-credit cost in effect
at Rutgers University.
(c)
Grade required for reimbursement. Only those
grades designated as "C" or better will be eligible for reimbursement.
There will be no reimbursement for grades of "D" or "F." For courses
graded on a "pass/fail" basis, only those courses with a "passing"
grade are eligible for reimbursement.
(d)
Reimbursement will be made one year after the
completion of the course. The employee must provide a transcript to
the Administrator in order to document successful completion of the
course.
(2)
Certifications and nonaccredited programs.
(a)
Approval required. The Township Administrator,
in consultation with the department head, must pre-approve requests
to attend these classes.
(b)
Amount of reimbursement. Seventy percent of
the cost of tuition and fees, based on the per credit cost in effect
at Rutgers University, will be reimbursed.
(c)
Reimbursement will be paid six months after
proof of successful completion of the course.
(d)
In the event the Township Administrator directs
an employee to attend such a course, the Township will pay the full
cost to the host institution prior to the start of the course.
(3)
Seminars and conferences. Department heads are empowered
to approve attendance at seminars and conferences that do not exceed
two days' duration. In the event the two-day timeframe is exceeded
or if the cost is in excess of $500, then the approval process is
the same as for certifications and nonaccredited programs outlined
above.
(4)
For all categories of classes and seminars, the following
procedures apply:
(a)
If the college course or degree program takes
place during the employee's regular working hours, the participating
employee must arrange to make up the time.
(b)
If the Township requires that an employee attend
a class or seminar, then the cost of books, meals, transportation
and other similar expenses will be eligible for reimbursement pursuant
to the Township's employee expense policy. Otherwise these costs are
not eligible for reimbursement.
(c)
It is the responsibility of the employee to
furnish to the approving authority the necessary information about
the proposed educational programs as far in advance as possible in
order to provide adequate time for review of the request. The necessary
information shall include a description of the course, seminar, etc.
The employee must also demonstrate how the proposed education will
benefit the Township, either with the employee's current job and responsibilities
or to prepare the employee for possible promotion.
(d)
All employees who seek educational assistance
are initially obligated to seek out other forms of applicable financial
assistance such as veteran's benefits, fellowships or scholarships.
Dispatchers will receive a uniform allowance
as determined by the Police Chief and approved by the Township Committee.
This amount is to be allocated in the police budget for the year.
Benefits and salaries for superior officers
of the Police Department shall be determined by the Township Committee
and will minimally be equal to the benefits realized by the PBA.
A.
It shall be the declared policy of the Township to
appoint or hire all employees without regard to political considerations.
If an appointed position has been previously filled by a competent
employee who is doing his job well in the opinion of his department
head, this employee should be reappointed in order to avoid the confusion
and lost time involved in training a new employee. For the purpose
of this section, "Township employees" are defined to include full-time,
temporary, probationary, seasonal and part-time personnel appointed
by the Township and receiving an annual or hourly reimbursement for
their service.
B.
Township employees shall not engage in any political
activities during working hours or on municipal property.
C.
No Township employee shall directly or indirectly
use or seek to use his authority or official influence to control
or modify the political action of another person.
D.
No person in Township employ shall invite, demand
or accept payment or contribution from municipal employees for political
campaign purposes.
E.
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; attending political meetings;
expressing their views on partisan political matters outside of working
hours and off Township premises; circulating or signing petitions;
or voting with complete freedom in any election.
F.
Violation of any provisions of this section shall
be deemed sufficient cause for suspension or dismissal from the Township
service.
A.
It is declared to be the policy of the Township of
Hillsborough that every employee shall at all times be treated fairly,
courteously and with respect, and that conversely, each employee shall
accord the same treatment to his associates, manager and to the public.
B.
Whenever an employee has a grievance, he shall first
present it verbally to his manager. It shall be the responsibility
of the manager to arrange a mutually satisfactory settlement of the
grievance as quickly as possible if such settlement can and in his
opinion should be made within the discretion permitted him. The manager
shall either conclude a mutually satisfactory solution to the grievance
within 48 hours of the time that it was first presented to him or,
failing in that, advise the employee within that time of his inability
to do so.
C.
When an employee is informed by his manager that he
is unable, within the discretion permitted him, to arrange a mutually
satisfactory solution to the grievance, the employee, if he wishes
to present the grievance to a higher authority, shall do so in writing
to the Township Administrator in accordance with the procedure hereinafter
set forth.
D.
The employee shall prepare the grievance in writing,
in duplicate. The grievance shall 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 Township Administrator.
E.
The other copy of the grievance shall be presented
by the employee to his immediate manager (to whom the grievance was
made verbally). The manager shall report to the Township Administrator
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 such grievance, within 24 hours after
receipt of the written grievance.
F.
The Township Administrator shall attempt to find a
mutually satisfactory solution to the grievance within 48 hours, or
failing in that, shall forward the grievance, accompanied by his written
report on the matter, to the Personnel Committee. The Personnel Committee
will then consider the matter and make recommendations to the Township
Committee for formal action.
G.
Since it is intended that most if not all grievances
can and should be settled without the necessity of reference to the
Committee, no grievance shall be heard or considered by the Committee
unless and until it has first passed through the above-described procedural
steps.
A.
Purpose.
(1)
The purpose of this procedure is to secure at the
lowest possible level equitable settlement of the problems which may
arise affecting the employees' terms and conditions of employment.
The parties agree that this procedure will be kept as informal as
may be appropriate.
(2)
Nothing contained herein shall be construed as limiting
the right of any employee having a grievance to discuss the matter
informally with any appropriate superior of the Department.
B.
Definition. The term "grievance" as used herein means
any controversy arising over the interpretation, application of, or
violation of any provisions contained herein.
C.
Steps of the grievance procedure. The following constitutes
the sole and exclusive method for resolving grievances between the
police dispatchers and the Township of Hillsborough and shall be followed
in its entirety unless any step is waived by mutual consent.
(1)
Step One.
(a)
An aggrieved employee shall institute action
under this provision in writing hereof within 30 calendar days of
the occurrence or knowledge of the occurrence of the grievance and
an earnest effort shall be made to settle the differences between
the aggrieved employee and the Chief or his designee for the purposes
of resolving the matter informally. Failure to act within the said
30 calendar days shall be deemed to constitute an abandonment of the
grievance.
(b)
In any event the Chief of Police or his designee
shall render a decision in writing with reasons for his decision within
10 calendar days after the grievance is first presented to him.
(2)
Step Two. If the grievance is not resolved through
Step One, the grievant shall present the grievance in writing to the
Township Police Committee within 10 calendar days from the date the
Chief or his designee renders a decision. The Township Police Committee
shall present a decision with reasons, in writing, within 10 calendar
days after receipt of the written grievance.
(3)
Step Three. If the grievance is not resolved through
Step Two, the grievant may request a hearing with the Township Committee.
The request shall be filed, in writing, with the Township Clerk within
10 calendar days of the receipt of the Step Two decision. The Township
Clerk shall then arrange a mutually acceptable time for a grievance
hearing within 15 calendar days after the receipt of said request.
The Township Committee shall render a decision within 10 calendar
days after the said hearing with reasons herein. The Committee shall
hear only one grievance on only one issue per hearing. No multiple
grievance hearings will be permitted unless by written consent of
the Township and the PBA prior to the commencement of the hearing.
(4)
Step Four.
(a)
If the grievant is not satisfied with the decision
rendered in Step Two and chooses not to submit his grievance to the
Township Committee under Step Three, the grievant may submit his grievance
to an arbitrator who will be permitted to write a written advisory
opinion which will not be binding. Request for such arbitration shall
be made within 14 calendar days after the determination of the Township
Police Committee in Step Two or the Township Committee in Step Three.
Arbitrators shall be selected pursuant to the rules of the New Jersey
State Board of Mediation.
(b)
The arbitrator shall be bound by the provisions
of this Ordinance No. 96-3 and restricted in his opinion to the application
of the facts presented to him involved in the grievance. The arbitrator
shall in no way have an authority whatsoever to add to, modify, detract
from or alter the provisions of this agreement or any amendment or
supplement thereto.
(c)
The costs of the services of the arbitrator
shall be borne equally by the Township and the employee. Any other
expenses including but not limited to the presentation of witnesses
shall be paid by the party incurring same.
(d)
The arbitrator shall only be permitted to hear
one grievance on only one issue for arbitration. No multiple grievance
arbitrations will be permitted unless by written consent of the Township
and the employee prior to the commencement of the arbitration.
D.
Either the Township or the employee may waive any
steps to the grievance procedure but said waiver can only be done
in writing with consent of the other party in question.
E.
Time limits set forth herein shall be strictly adhered
to. If any grievance has not been initiated within the time limit
specified, the grievance shall be deemed to have been waived. If any
grievance is not processed to the next succeeding step in the grievance
procedure within the time limits prescribed, the disposition of the
grievance at the prior step shall be deemed to be conclusive. Nothing
herein shall prevent the parties from mutually agreeing to extend
or contract the time limits provided for processing the grievance
at any step in the grievance procedure.
A.
Should a manager believe that an employee is not conforming
to the letter or spirit of the Township policies and rules or to specific
instructions given him or has acted improperly, the manager shall
first privately discuss the matter with the employee concerned in
order to obtain the employee's view of the matter. The manager shall,
if possible, then obtain assurance that there will not be a repetition
of the incident.
B.
If the manager is satisfied after such discussion
that the offense is not sufficiently serious to warrant further consideration,
no further action shall be taken other than a notation of the incident
in the employee's personnel history file.
C.
Should the manager consider the offense sufficiently
serious to warrant its consideration by the next higher authority,
the employee shall be so advised and a meeting of those interested
shall be arranged at the earliest possible date. All facts should
be presented at this meeting, which should, if possible, be conclusive.
A written report of the meeting and of the action taken shall be placed
in the employee's personnel history file.
D.
In the event that it appears desirable to do so, the
matter may be referred to the Personnel Committee of the Township
Committee for review and/or such action taken as is warranted by the
facts.
E.
Disciplinary actions shall be taken in the following
forms:
F.
Summary suspension from duty without pay of any employee
may be ordered by the department head if and when such summary action
is deemed necessary with the consent of the Township Administrator.
G.
The suspension of an employee must be reported in
writing by the department head to the Township Administrator within
24 hours and a copy thereof shall be provided to the employee.
H.
A fair and complete review of any such summary suspension
shall be made within 48 hours by the Township Administrator to accumulate
all facts and to interview all interested persons. A written record
of the investigation shall be made by the Township Administrator.
The findings and recommendations of the Township Administrator, supported
by all available data, shall be referred to the Township Committee
if further disciplinary action is contemplated.
I.
The Township Committee shall weigh such facts and
recommendations, make such further investigation as is desired and,
at the earliest possible date, make its decision as to what further
disciplinary action is to be taken, if any.
J.
All papers in connection with a disciplinary action
shall be placed in the employee's personnel history file.
K.
Any employee may appeal a disciplinary action by means
of the procedures set forth in the foregoing section for handling
grievances.
L.
Any police personnel are exempt from this section
and shall be disciplined under the rules, regulations and procedures
as set forth by the Chief of Police.
M.
Township management will make every effort to adhere
to the steps outlined above but reserves the right to take alternative
action when management deems such alternative action is necessary
for reasons of health or safety or to insure the uninterrupted operations
of Township business.
A.
Dismissal is the removal of an employee from the service
for cause. An employee may be dismissed from service for any of the
following causes, but dismissal of an employee shall not be limited
to such causes enumerated.
(1)
Incompetence or inefficiency in the performance of
duties or other inability to perform assigned duties.
(2)
Wanton carelessness or negligence in the performance
of duty.
(3)
Offensive treatment of charges, fellow employees or
other persons.
(4)
Violation of any lawful official regulation or order
or failure to obey any lawful or reasonable directions given by superiors
when such violation or failure to obey amounts to insubordination
or serious breach of discipline.
(6)
Conviction for a criminal offense.
(7)
Willfully causing damage to public property or waste
of public supplies.
(8)
Habitual tardiness, habitual absenteeism without notice,
drunkenness, dishonesty or loss of driver's license when it is necessary
for the performance of duty.
B.
Procedure.
(1)
A department head may recommend to the Administrator
that an employee be dismissed when such action is deemed to be in
the best interest of the Township. Such dismissal recommendation shall
be in writing, signed by the department head, and shall state the
reasons therefor and a copy thereof shall be provided to the employee,
the Township Committee and to the employee's personnel file.
(2)
Any employee who is recommended for dismissal by his
department head may request a hearing on his dismissal by the Township
Committee. In this event, he will be provided with a true copy of
such recommendation at least 10 days prior to the hearing. The employee
will be under suspension until the date his status is resolved by
the hearing. The Township Committee, upon holding a hearing on the
charges, may dismiss the employee if such action is warranted by the
facts before it.
(3)
The hearing may be public or private as desired by
the employee at the time the hearing date is set by the Township Committee.
During the hearing, the employee shall have the right to representation
by legal counsel, to subpoena witnesses to testify and to obtain and
present documentary evidence.
(4)
Probationary, temporary or part-time employees may
be dismissed at the discretion of the department head with the consent
of the Administrator, and the reason for such dismissal duly noted
in the personnel history file.
C.
Township management will make every effort to adhere
to the steps outlined above but reserves the right to take alternative
action when management deems such alternative action is necessary
for reasons of health or safety or to insure the uninterrupted operations
of Township business.
A.
Suspension is the temporary removal of an employee
from service. A suspended employee shall not receive pay nor be permitted
to use or accrue any privileges or benefits during the suspension
period.
B.
An employee may be suspended without pay for reasons
of misconduct, negligence, inefficiency, disloyalty, insubordination,
unauthorized absence or other offenses.
C.
A department head may recommend to the Township Administrator
that an employee be suspended from service for cause at any time.
Such suspension recommendation shall be brought to the attention of
the employee in writing and shall specify the cause and number of
days the employee should be suspended. If the Township Administrator
approves, suspension shall become effective immediately and notice
thereof in writing given to the employee. The Township Administrator
shall advise the Mayor and other members of the Township Committee
of the action in writing not later than three days after the decision.
The Township Administrator may refer the entire matter to the Township
Committee for decision.
D.
Review on appeal. Whenever an employee is recommended
for suspension, he may, within 10 days after receiving notice of said
suspension from his department head, request in writing a review of
said suspension recommendation by the Township Committee. The Township
Committee shall review such suspension at a hearing in the same manner
as dismissal hearings and make its determination, which will be final.
If the Township Committee finds such suspension unwarranted, the employee
shall be reinstated without any loss of privileges or benefits and
receive any pay withheld.
E.
Probationary, temporary or part-time employees may
be suspended at the discretion of the department head and the reason
for such suspension shall be duly noted in the personnel history file.
A.
Separation from the service of the Township may result
from voluntary resignation of the employee or by the termination of
his services by the Township Committee.
B.
Employees who resign shall tender their resignation
in writing, if possible, at least two weeks prior to the effective
date of resignation in order to provide sufficient time for the appointment
and training of a successor.
C.
If an employee resigns, the Township Administrator
and the Personnel Committee shall interview him separately if deemed
beneficial by the Personnel Committee or if requested by the employee,
to determine, if possible, whether there is a reason other than that
stated for the employee's leaving the service of the Township. All
pertinent data, along with the resignation, shall be filed with the
Township Administrator and Township Clerk and referred to the Township
Committee before the effective date of the resignation.
D.
Termination of a full-time employee's services for cause shall only be accomplished by the procedure established in § 89-25.
E.
All employees shall, when leaving the service of the
Township, complete and sign a termination receipt when receiving their
final compensation. This receipt shall be filed in the employee's
personnel history file as evidence of the satisfaction of all claims
against the Township.
F.
Upon the recommendation of the department head, with
the consent of the Township Administrator, the terminated employee,
at the discretion of the Township Committee, may be granted severance
payment of one day for each year of service, provided that the employee
has been in the Township's service for at least 10 years.
In the event that, by reason of any tenure rights
of any officer or employee of the Township or by reason of any New
Jersey statute specifically governing the rights of any such officer
or employee, any revision of this chapter is inconsistent with the
New Jersey statutes in such case made and provided applicable to any
such officer or employee, then such statutory provision shall govern
and supersede the provisions of this chapter.