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:
DISABILITY OR DISABLED
Either a mental or physical condition, including an illness,
infirmity, injury or other mental or physical condition, which:
A.
Renders an employee unable to perform the normal
duties of his position and which condition is permanent;
B.
Renders an employee unable to perform the normal
duties of his position for a period of six consecutive calendar months;
C.
Renders an employee unable to satisfactorily
pass physical or mental performance tests established for a particular
job description; or
D.
Results in an employee taking excessive sick
leave.
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.
SICK LEAVE ABUSE OR ABUSING SICK LEAVE
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.
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.