[Adopted 4-9-1985 by Ord. No. 8-85]
The provisions of this article shall apply to
all paid employees of the Borough of Maywood except as may otherwise
be specifically provided by collective negotiation agreement or by
state statute.
As used in this Article, the following terms
shall have the meanings indicated:
Either a mental or physical condition, including an illness,
infirmity, injury or other mental or physical condition, which:
Renders an employee unable to perform the normal
duties of his position and which condition is permanent;
Renders an employee unable to perform the normal
duties of his position for a period of six consecutive calendar months;
Renders an employee unable to satisfactorily
pass physical or mental performance tests established for a particular
job description; or
Results in an employee taking excessive sick
leave.
Sick leave taken during a one-year period beyond the number
of days granted pursuant to personnel policies established by the
Mayor and Council or collective bargaining agreements, not attributable
to a traumatic injury or extended illness, as evidenced by a physician's
certificate.
Use of sick leave which is not justified by illness, injury
or other physical or mental conditions as certified by a physician
selected by the borough or a pattern of sick leave taken on either
a repeated or consistent basis in excess of normal usage.
A.
The Police Chief, with respect to employees within
the Police Department; the Superintendent of the Department of Public
Works, with respect to any employee within the Department of Public
Works; the Finance Administrator, with respect to any other employee
of the Borough of Maywood other than department heads; and with respect
to department heads, the member of the Council assigned to supervise
such department. may require a borough employee to submit to a medical
examination before a physician selected by the Mayor and Council and
at the expense of the borough whenever such person believes that such
employee may be disabled, is abusing sick leave or is taking excessive
sick leave.
B.
The physician performing such examination shall forward
a report of said examination, together with his conclusions or recommendations
concerning whether such employee is disabled, is abusing sick leave
or is taking excessive sick leave, to the person who required the
examination and also to the affected employee. The affected employee
shall have the right to have himself examined by another physician
of his choice and at his expense and, if he chooses to do so, may
submit the report, conclusion and recommendation of that physician
to the person who required the examination.
C.
If, after reviewing the report of the borough's designated
physician, together with any other reports submitted by the employee,
the person who required the examination concludes that the affected
employee is disabled, is abusing sick leave or is taking excessive
sick leave, such person shall so report, in writing, to the the borough's
Finance Administrator or, in the case of a department head, directly
to the Mayor and Council and shall provide a copy thereof to the affected
employee.
Except in the case of department heads, upon
the Finance Administrator's receipt of the aforesaid report and recommendation,
the Finance Administrator shall conduct a hearing thereon in the following
manner:
A.
A notice of such hearing setting forth the date, time
and place of such hearing, together with a copy of said report and
recommendation, shall be served upon the employee.
B.
The date of hearing set forth in said notice shall
be not less than 10 days nor more than 30 days from the date on which
service of such notice was made upon the employee; provided, however,
that the Finance Administrator may grant reasonable adjournments upon
the request of either the affected employee or the borough.
C.
Such hearing shall be conducted in a manner to provide
a fair and impartial hearing to determine the facts relative to the
proposed removal of the affected employee or other appropriate action;
provided, however, that the Finance Administrator need not strictly
abide by the rules of evidence established by the New Jersey Supreme
Court.
D.
Any of the parties may be represented at the hearing
by an attorney. The Borough Attorney may, at the request of the Finance
Administrator, provide legal assistance to the Finance Administrator
in conducting the hearing.
E.
The parties or their attorneys may present witnesses
on their behalf, including medical witnesses, may examine and cross-examine
witnesses, may introduce and examine documents and may be given an
opportunity to explain or rebut evidence presented. Witnesses shall
testify under oath and shall be sworn by a person authorized to administer
oaths pursuant to law.
F.
The Finance Administrator shall cause either a stenographic,
mechanical or electronic recording to be made of the hearing; provided,
however, that any party shall have the right, at his own expense,
to provide his own stenographic, mechanical or electrical recording
of the hearing.
A.
Upon conclusion of the foregoing hearing, the Finance
Administrator shall make written findings of fact, conclusions and
recommendations pertaining to the affected employee and shall provide
a copy thereof to the affected employee and to the person upon whose
recommendation the hearing was held.
B.
A copy of the Finance Administrator's findings, conclusions
and recommendations shall be submitted to the Mayor and Council for
formal action thereon, subject to the right of any party to appeal
from the findings, conclusions and recommendations of the Finance
Administrator to the Mayor and Council in accordance with the procedures
set forth below.
A.
Any party may appeal from the findings, conclusions
and recommendations of the Finance Administrator by filing a written
notice of appeal with the Borough Clerk, addressed to the Mayor and
Council, within 10 days following service of the findings, conclusions
and recommendations of the Finance Administrator.
B.
The notice of appeal shall set forth the name of the
party taking the appeal, the date of receipt of the Finance Administrator's
findings, conclusions and recommendations, a concise statement as
to which findings, conclusions or recommendations are being appealed
and a brief statement as to the factual or legal basis for the appeal.
C.
The party taking the appeal shall provide a transcript
of the hearing below within 30 days following the filing of the notice
of appeal. The Finance Administrator shall, upon request of the party
taking the appeal and upon payment of a duplicating charge of $15
per tape, provide a duplicate copy of the recording of the hearing
to the party taking the appeal.
D.
Upon receipt of the transcript, and upon 10 days'
notice to the parties, the Mayor and Council shall fix a date for
consideration of the appeal.
E.
The appeal shall be considered on the record below
unless the Mayor and Council determines that it wishes to consider
further testimony. The parties may submit oral arguments before the
Mayor and Council on such date and may submit written arguments in
accordance with the time limits specified in the notice fixing the
date for consideration of the appeal.
F.
The Mayor and Council may, by resolution, take such
action as it deems advisable with respect to the findings, conclusions
and recommendations of the Finance Administrator or on any appeal
therefrom, including but not necessarily limited to the termination
of the employment of the affected employee, the imposition of a leave
of absence with or without pay, suspension, loss of pay or written
reprimand, which action shall be final.
