§ 19-1GENERAL PROVISIONS.
§ 19-1.1Declaration of policy.
§ 19-1.2Power of appointment.
§ 19-1.3Allocation of offices and positions.
§ 19-1.5Administrative authority.
§ 19-2POSITION CLASSIFICATION.
§ 19-2.2Basis of position classification.
§ 19-2.3Change in classification.
§ 19-2.4Abolishing the positions; effect.
§ 19-3PAY PLAN.
§ 19-3.1Notice of rate of pay; increases.
§ 19-3.2New appointments.
§ 19-3.4Temporary appointments.
§ 19-4APPOINTMENTS TO EMPLOYMENT.
§ 19-4.1Basis for original appointments; qualifications.
§ 19-4.2Temporary appointments.
§ 19-4.3Physical examinations.
§ 19-4.4Probationary period.
§ 19-4.5Granting of permanent employment status.
§ 19-5.1Term defined.
§ 19-5.2Permanent promotions.
§ 19-5.3Temporary promotions.
§ 19-6COMPENSATION AND SALARY INCREMENTS.
§ 19-6.1Pay periods; daily and hourly rate.
§ 19-6.2Computation of overtime.
§ 19-6.3Leave without pay.
§ 19-6.4Salary increments.
§ 19-7HOURS OF WORK; HOLIDAYS; LONGEVITY PAY.
§ 19-7.1Working hours.
§ 19-7.3Longevity compensation.
§ 19-8VACATIONS AND LEAVES.
§ 19-8.1Number of vacation days.
§ 19-8.2Basis for vacation leave; accumulation.
§ 19-8.3Sick leave; definition; accumulation.
§ 19-8.4Leaves for injury in line of duly.
§ 19-8.5Maternity leave.
§ 19-8.6Military leave; jury duty.
§ 19-8.7Compensatory leave.
§ 19-8.8Leave without pay.
§ 19-8.9Requests for leave.
§ 19-9EMPLOYEE BENEFITS FOR EMPLOYEES NOT COVERED BY A COLLECTIVE
§ 19-9.3Sick leave.
§ 19-9.5Medical benefits.
§ 19-9.7Personal days.
§ 19-9.8Overtime, family leave, compensatory time.
§ 19-9.9Travel expenses.
§ 19-9.10Township Council appointments.
§ 19-10MISCELLANEOUS RULES AND REGULATIONS.
§ 19-10.1Reporting accidents.
§ 19-10.2Outside employment.
§ 19-10.3Departmental regulations.
§ 19-10.4Maintenance of personnel records.
§ 19-11SEPARATION FROM SERVICE; DISCIPLINARY ACTION.
§ 19-11.1Types of separation.
§ 19-11.5Dismissal or demotion.
§ 19-12GRIEVANCE PROCEDURE.
§ 19-12.1General policy.
§ 19-12.2Verbal grievance.
§ 19-12.3Formal written grievance.
§ 19-13CIVIL SERVICE.
§ 19-13.1Applicability of civil service rules.
§ 19-14RESIDENCY REQUIREMENTS.
§ 19-14.2Residency required.
§ 19-14.3Nonresidents to become residents.
§ 19-14.4Availability of qualified residents.
§ 19-14.5Special positions not requiring residency.
§ 19-14.6Promotion preference.
§ 19-14.7Discrimination elimination.
§ 19-15POLITICAL ACTIVITY.
§ 19-15.1Certain political activities prohibited.
§ 19-16PARTICIPATION IN THE VOLUNTEER TUITION CREDIT PROGRAM (P.L.
1977, C. 145)
§ 19-16.2Adoption of program.
The Township Council does hereby declare the following principles to constitute the personnel policy of the Township:
The New Jersey State Civil Service Law and the Civil Service 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.
Employment in the Township Government shall be based on merit and fitness free of personal and political considerations.
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.
Positions with similar duties and responsibilities shall be classified and compensated within a uniform salary range. The Township Manager may consider qualifications, education, length of employment and other relevant factors in setting compensation within the applicable salary range.
Appointments, promotions and other personnel actions shall be carried out pursuant to statutes and regulation governing the New Jersey Civil Service System.
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.
Continuity of employment shall be subject to good behavior, satisfactory performance of work, necessity for the performance of work and availability of funds.
All employees, officers and Department Heads of the Township shall be appointed and promoted by the Township Manager, except where the power to appoint rests with other Township boards or bodies as provided for herein or as provided by general law or ordinance.
General allocation. All offices and positions of the Township shall be and are hereby allocated to the classified service and unclassified service.
Unclassified service. The unclassified service shall include the following:
All elected officials and members of citizen boards and committees.
The Township's Manager, Township Clerk, Township Attorney, Township Auditor, Director of Community Development, Chief Financial Officer, Assessor, Tax Collector, Prosecutor, Judge, Public Officer and the Township Engineer.
Volunteer personnel and personnel appointed to service without compensation.
Consultants and counsel rendering temporary professional service.
All other offices or positions that are so classified by the Civil Service Rules of the State of New Jersey.
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 chapter, or which are excluded from the classified service by the Civil Service Rules of the State of New Jersey.
The provisions of this chapter hereafter set forth shall apply only to the classified service unless otherwise specifically provided therein.
The Township Manager shall be the administrative authority. In his absence, or during the period in which a Manager has not been appointed, his administrative duties shall be assumed by the Township Clerk.
The Township Manager shall be responsible for classification of Township employees.
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 Township Manager shall submit a report to the Township Council of any modifications or changes in classifications.
The Township Manager 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. In such review, he shall study the current duties and responsibilities of the position concerned and recommend to the Township Council appropriate action necessary to ensure the correct classification and allocation of the position.
Each Department Head shall report to the Township Council 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.
An employee may submit a request in writing to the Township Manager 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 Township Manager shall then make an investigation of the position to determine its correct allocation. He shall report his findings in writing to the Township Council and shall furnish a copy to the employee requesting the review and to his Department Head.
An employee may submit a request for a review of the duties and responsibilities of his position directly to the Civil Service Commission of the State of New Jersey.
A position may be abolished or the number of personnel reduced by the Township Council for reasons of economy or a reorganization within a department or departments. 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. 40:11-10 et seq. Every effort shall be made by the Township Council, in cooperation with the Civil Service Commission 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 respective departments 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 stop he held in his prior position before demotion.
Each class of position shall be assigned to a salary range by the Salary Ordinance. When an employee attains the maximum rate of the salary range for his position, he shall not receive further salary increases unless:
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 Township Manager may appoint at a rate above the minimum.
An employee demoted for disciplinary reasons to a classification having a lower salary range, shall receive such salary as the Township Manager shall specify, and which salary shall not exceed the maximum step of the new range.
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 Township Manager may set a rate above the minimum.
If an employee transfers into another classification within the Township, he will not lose any vacation or sick leave credits.
All candidates for probationary or permanent employment by the Township shall be citizens of the United States at the time of filing their applications and at the time of their appointment, unless such requirement is specifically waived by the Township Council.
Original appointments by the Township Manager to vacancies in the Township service shall be based upon merit, fitness, ability, and competitive examinations insofar as practicable and which shall be in accordance with the Civil Service Rules of the State of New Jersey.
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 Township Manager.
The Township Manager may require every job applicant to submit to a physical examination by the Township Physician or a designated alternate, and each applicant shall be required to furnish a complete medical history upon a form to be prepared by the Township Manager for use in conjunction with the physical examination. Where necessary, the Township Manager may, in his discretion, require that a job applicant submit to a psychiatric examination. Thereafter, the Township Manager may schedule such examinations for all Township employees as provided in subsection 19-8.2f.
All employees appointed permanently to the classified service shall serve a probationary period of 90 days, except for Police Officers which shall be one year. At the expiration of the probationary period, the Township Manager, may discontinue the service of any such employee if, in its 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 Township Manager shall notify the employee in writing of the discontinuance and of the reasons for the same, and shall also forward a copy of the notice to the Department of Civil Service of the State of New Jersey.
A 90 days' probationary period shall also pertain to an employee promoted to a higher classification. Such probationary status will in no way affect the rights and status in the original or lower classification.
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 opportunity for this training must be provided by the Township. The one year probationary period does not commence for a Police Officer until he has completed such recognized Police training program.
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 appointing authority only for cause or for reason of economy, after proper notice and the opportunity to be heard, as set forth under the Civil Service Rules of the State of New Jersey.
When there is a major change in the duties or responsibilities of a job title resulting in its reallocation to a higher classification, the job title shall be considered vacant and subject to filling under promotional procedures.
Vacancies shall be filled by utilizing competitive promotional examinations and other permissible considerations, in accordance with the Civil Service Rules of the State of New Jersey.
Where the Township Manager finds that no employee is qualified for promotion to the vacancy, he may order an open competitive examination open to candidates outside the Township's employ. In post-examination selection, promotions shall be given with appropriate consideration to the applicant's qualifications, record of past performance and the length and quality of his service.
Pending the availability of a suitable eligibility list, the Township Manager may fill vacancies by a temporary promotion.
The Township normally shall pay its employees on a bi-weekly payroll schedule, that is, once in every two weeks, or a total of 26 times annually. Each payroll period shall consist of 10 working days, so that the daily rate of pay of each employee normally shall be 1/360 of his annual salary. In order to avoid the possibility of a year in which twenty-seven-day periods could occur, an adjustment may be made as to the particular day of the week in which pay shall be received.
The hourly rate shall be computed by dividing the weekly rate by the number of hours in the employee's prescribed workweek.
Employees, including members of the Police Department, unless otherwise covered by a collective bargaining agreement, may be compensated for overtime work when such compensation has been recommended by the Department Head and its payment authorized by the Township Manager. However, 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 prescribed in subsection 19-6.1b.
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-a-half provisions would take effect.
Deductions in salary for leave without pay shall be computed on the basis of the hourly rate as prescribed in subsection 19-6.1b.
Salary increments may be granted to each employee effective January 1 of each year until the employee's salary shall have reached the maximum salary provided for his position title by Township ordinance.
The official workweek of the Township shall be as follows:
Due to the emergency nature of the work of the Police Department, the provisions of this subsection shall not be applicable to the members of that Department.
All other Municipal employees and officers shall be entitled to the following holidays: New Year's Day, Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Election Day, Thanksgiving Day, the date after Thanksgiving, Christmas Day and Martin Luther King's Birthday.
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, it shall be observed on the preceding Friday.
In the event that an official holiday is observed during an employee's vacation, he shall be entitled to an additional vacation day.
In order to be eligible to receive holiday pay, the employee or officer must work his scheduled day before and day after the holiday.
All officers and employees hired prior to January 1, 1986 shall continue to receive longevity payments. Longevity payments shall be discontinued for all employees hired after January 1, 1986 unless prescribed by collective bargaining agreement.
|Year of Service||Percent of Base Pay|
|During 5th year||2%|
|During 6th year||3%|
|During 7th year||4%|
|During 8th year||5%|
|During 9th year||6%|
|During 10th year||7%|
|During 15th year||8%|
"Year of service" shall be defined as commencing on the employee's date of hiring to the date preceding of the following year.
Vacation shall be granted to full-time classified and full-time unclassified employees pursuant to a collective bargaining agreement or Ordinance 0.13.98 as applicable.
Vacation leave shall be considered to be on a calendar year basis.
Full-time and permanent part-time employees shall not be eligible for vacation leave unless they have been so employed for six consecutive months or more unless prescribed otherwise by a collective bargaining agreement. Permanent part-time employees are eligible for vacation leave on a prorated basis. Temporary part-time employees shall not be eligible for vacation leave.
At the time of separation from service, an employee shall be entitled to any full day's vacation pay accumulated and not previously used.
Employees may not be paid for vacation leave earned and not used.
As used in this subsection, the term "sick leave" shall mean paid leave that may be granted to each full-time classified and full-time unclassified Township 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 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.
A certificate from the Township Physician or the employee's own physician may be required as sufficient proof of the need for sick leave. In case of sick leave due to a contagious disease or exposure to same, a certificate from the Department of Health may be required. All other requests for sick leave and certificates required thereunder shall be in accordance with subsection 19-8.9.
Full-time employees shall accumulate prorated 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 or unless otherwise prescribed by a collective bargaining agreement.
Sick leave can be accumulated without limit during each employee's length of service.
Accumulated sick leave may be used by an employee for personal illness, illness to his immediate family which requires his attendance upon the ill person, death in the immediate family, quarantine restrictions, pregnancy or disabling injuries. The term "immediate family" shall be as prescribed by collective bargaining agreement or Ordinance 0.13.98 as applicable.
The Township Manager may schedule medical examinations for all Township employees annually, or more frequently if required.
When a full-time Township employee is injured in the line of duty, the Township Council shall, pursuant to N.J.S.A. 40:11-8, and subject to the terms and conditions hereinafter set forth, pass a resolution giving the employee up to one year's leave of absence with pay, except those injuries which result from employee activities which would give rise to cause for either suspension or removal as enumerated in this chapter or as provided in N.J.S.A. 40:11-1 et seq. and Rule 4:16 of the Civil Service Regulations.
In the event that the employee shall receive any temporary disability pursuant to the statutes governing the Workmen's Compensation Laws of the State of New Jersey, or elsewhere, or shall receive income benefits arising out of any policy of insurance paid for or contributed to by the Township, such amounts received shall be deducted from the employee's weekly pay in order to determine the entitlement of that employee pursuant to the terms of the resolution. In the event that such benefits accrue subsequent to the passage of the resolution, the Township Council may modify the resolution to conform to the provisions of this paragraph.
The resolution shall contain specific provision requiring that the Township shall be subrogated to the extent of any recovery received by the employee as a result of this injury from a third party (excepting therefrom workmen's compensation award for permanent disability) or other policies of insurance, of any nature whatsoever, which in effect duplicate any payments made by the Township to the employee during the period of this injury.
Prior to the passage of a resolution referred to in paragraph a. hereof, a contract shall be executed between the employee and the Township, setting forth that the employee shall reimburse the Township from moneys he may receive in the form of workmen's compensation temporary benefits for a period of time which the Township may have already compensated him for, or from possible legal settlement from a judgment against the person or persons responsible for the injury, and for any other recovery as outlined in paragraphs b. and c. hereof.
Maternity leave may be granted pursuant to the Family Leave Act or a collective bargaining agreement.
Any 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 for a period of two weeks or as authorized by law. This leave of absence shall be in addition to his vacation. Part-time employees may receive such leave on a prorated basis as follows. Each employee required to take such leave, shall be paid by the Township any difference resulting in that employee's present rate of pay from that amount received as a result of such military leave. The employee shall be required, upon making an application for the difference in pay, to evidence sufficient proof as to the amount of pay received while on military leave.
When an employee is required to serve on jury duty, that employee shall be paid his salary and any jury duty pay shall be returned to the Township.
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. 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, and provided he has notified the Township or his intent to report for duty 30 days prior to his discharge from military service.
In lieu of overtime compensation, an employee may be granted leave with pay as compensation for overtime work. The Township Manager shall determine whether overtime shall be compensated for by the granting of compensatory leave or by payment in cash. Compensatory leave, when granted, must be scheduled and used within 30 days from the time earned, unless otherwise approved by the Township Manager.
Compensatory leave shall be granted on the same basis as overtime compensation, namely for that time worked in excess of the regular 40 hours during one week, or in the case of special employees regularly scheduled on an eighty-hour, two-week period, compensatory time shall be granted for time worked in excess of the prescribed 80 hours within a two-week period.
When an employee works a prescribed workweek of less than 40 hours, compensatory leave shall be granted on an hour-to-hour basis up to 40 hours, at which time the regular overtime compensatory policy shall take effect unless prescribed otherwise by a collective bargaining agreement. (See subsection 19-6.2 for computation of overtime compensation.)
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. The written request for leave without pay must be initiated by the employee, favorably endorsed by his Department Head and the Township Manager. Such leave, except for military leave without pay, shall not be approved for a period longer than six months at one time. The Township Manager may extend such leave for an additional six months or any portion thereof.
A request for any type of leave shall be made on a form prescribed by the Township Manager. Such request, whenever possible, shall be made far enough in advance to permit approval, and at the same time, permit coverage for the particular employment so that Municipal services shall not suffer. In the case of sick leave, the employee shall notify his Department Head immediately within the first hour of the shift if he is unable to report for work. When an employee is absent from work because of illness for more than three days, the Department Head shall require the employee to submit a certificate from his physician relating to his illness. The Township Manager, in his discretion, may require the employee to submit a physician's certificate for absences of two or three days. In a case of illness of a chronic or recurring nature causing an employee's periodic or repeated absence of one day or less, the Township Manager may require one medical certificate for every six-month period.
The following personnel policies shall apply to those full-time Township employees not covered by a collective bargaining agreement.
Full-time employees holding the positions of Township Manager, Chief Finance Officer, Tax Collector, Township Clerk, Tax Assessor, Chief of Police, Court Administrator, Construction Official, Head of the Department of Community Development and Public Works Director shall be credited with vacation leave with pay in accordance with the following schedule:
|6 months to 1 year||5 days|
|Start of 1st year thru 4 years||12 days|
|Start of 5th year thru 6 years||15 days|
|7 years thru 12 years||20 days|
|13 years thru 19 years||25 days|
|20 years and thereafter||30 days|
All other full-time employees shall be credited with vacation leave comparable to those employees covered by the Collective Bargaining Agreement in effect for Clerical/Administrative Personnel.
Unused vacation time may be carried over for one year. Additional time may be carried over with permission of the Department Head and Township Manager.
Vacation time shall be approved by the Department Head or Township Manager.
Permanent part-time employees shall receive pro-rated vacation leave.
The Township Manager may set standards for the pro-rating of leave for an employee's last year of employment
Employees shall earn one day sick leave per month, during their first year of employment and credited with 15 days per year of employment thereafter. Unused sick leave shall be cumulative from year to year. Permanent part-time employees shall receive pro-rated sick leave.
An employee who resigns in good standing shall receive payment for 65% of accumulated sick leave.
An employee who retires may take payment for 65% of accumulated sick leave in one lump sum or may take payment for 70% of accumulated sick leave as terminal leave with pay.
An employee may take payment for up to 50% of annual sick leave. Such payment shall be scheduled at the discretion of the Township Manager.
The Township Manager may set standards for the pro-rating of leave for an employee's last year of employment.
All employees shall be entitled to five days off with full pay in the event of death in the immediate family. The "immediate family" shall mean father, mother, wife, husband, child, brother, sister, stepmother, stepfather, stepsister, stepbrother, and stepchildren or any member of the employee's immediate household. All employees shall be entitled to three days off with full pay in the event of each death of grandparents, nephews, nieces, aunts, father-in-law, mother-in-law, brother-in-law and sister-in-law.
Permanent part-time employees shall receive pro-rated bereavement leave.
Full-time employees holding the positions of Township Manager, Chief Finance Officer, Tax Collector, Township Clerk, Tax Assessor, Chief of Police, Court Administrator, Construction Official, Head of the Department of Community Development, Public Works Director and the Director of any other Department created by the Township Council shall receive medical benefits pursuant to subsection 19-9.5d.
All other employees not mentioned in paragraph a. and not covered by a collective bargaining agreement who are on the Township payroll as of October 2, 2000 shall receive medical benefits pursuant to paragraph d.
All employees not mentioned in paragraphs a. and b. who are on the payroll after October 2, 2000 shall receive medical benefits after retirement the same as those negotiated in the collective bargaining agreement between Deptford Township and the Clerical/Administrative bargaining unit.
Full time employees shall receive those medical benefits as determined by general Township policy. They shall include as a minimum, hospitalization, dental and prescriptions.
|Medical benefits described in paragraph d. shall continue for the employee and spouse, upon retirement, who has met at least one of the following conditions:|
The employee retired under a disability pension;
The employee has at least 25 years of service credit in P.E.R.S. or P.F.R.S. and has worked with the Township for at least five years;
The employee has reached the age of 62 years or older and has worked with the Township for at least 15 years.
Employees shall receive those holidays as provided by general Township policy.
All travel expenses shall first be approved by the Township Manager.
Employees using their personal vehicles shall be reimbursed at the rate established by the U.S. Internal Revenue Service (I.R.S.) and for all related tolls.
Room rates for overnight travel related to meetings and conferences shall be the minimum established for the area traveled.
Meal expenses related to overnight travel shall be up to $35 per day or those expenses covered in the registration.
Transportation by mass transit shall be by minimum category.
Employees shall be reimbursed meals for attendance at professional organization meetings or official business.
Employees must present receipts for payments and reimbursements.
The Township Council may negotiate benefits greater than those identified in this section for employees appointed by the Township Council.
An employee who is injured in the performance of his duties shall immediately report the accident to his supervisor, who shall then complete a form provided for such reports. The complete accident report shall then be submitted to the Township Manager.
Employees shall not accept outside employment or engage in outside business activities without the prior approval of the Township Manager. Applications for permission to accept outside employment shall be made in writing to the Township Manager. The application shall set forth pertinent information concerning the type of work to be engaged in, the name and address of the prospective employer, and the hours of such employment.
No application for permission to accept outside employment shall be approved by the Township Manager if, in his judgment, there is any reasonable probability that such outside employment will interfere with an employee's performance or compromise an employee's position with the Township through a conflict of interest.
Subject to the approval of the Township Council, the Township Manager may establish, amend and supplement rules and regulations for governing the internal operations of any department and the conduct and deportment of its personnel. Such departmental rules and regulations shall not be inconsistent or in conflict with the provisions of any statute of this State, this chapter or other ordinance of the Township.
The rules and regulations shall be in writing, signed by the Township Manager, and approved by the Township Council and shall be 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 thereby and shall be posted in the headquarters of the department. Copies shall also be available to the personnel of the department upon request.
The Township Manager shall maintain the official personnel records 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 the like.
Classified employees who have acquired permanent employment status as provided in subsection 19-4.4, may be temporarily suspended from the Township's employ by layoff or suspension, or permanently separated by resignation or dismissal, as more particularly set forth in this section, subject at all times to the rules and regulations of the Civil Service Commission of the State of New Jersey.
Whenever there is 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 Manager may designate in consultation with the Township Council. Employees shall be laid off in the inverse order of their length of service. Within each affected job class, all temporary employees shall be laid off before probationary employees, and all probationary employees shall be laid off before any permanent employee. Permanent (including probationary) employees so affected shall be given a minimum of 45 days' notice or pay in lieu thereof. Temporary employees so affected shall be given a minimum of two weeks' notice, or two weeks' pay in lieu thereof.
An employee may resign from his position by tendering a written resignation to his Department Head, who, in turn, shall forward it to the Township Manager. Unless there are disciplinary charges pending against the employee, the Township Manager shall notify the employee in writing of acceptance of his resignation in good standing. An employee shall give a minimum of two weeks' notice before the effective date of this resignation.
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:
Neglect of duty.
Absence without leave or failure to report, after authorized leave has expired or after such leave has been disapproved or revoked.
Incompetency, inefficiency or incapacity due to mental or physical disability.
Insubordination or serious breach of discipline.
Intoxication while on duty.
Conviction of a criminal act.
Disobedience of the departmental rules and regulations established pursuant to subsection 19-10.3 of this chapter.
Disobedience or violation of the causes for removal as set forth by Civil Service Regulation 4:16.
When, in the opinion of the Township Manager, an employee's performance or conduct justifies disciplinary action short of dismissal, the Township Manager may suspend the employee without pay, or with reduced pay or by fine.
Grievance procedure shall be as prescribed by collective bargaining agreement or by the following procedures:
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, supervisors and to the public.
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 seven calendar days of the time when it is first presented to him, or failing in that, must within that time advise the employee of his inability to do so.
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 a higher authority, do so in writing in the following manner.
The employee will prepare the grievance in writing. 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 Township Manager.
A copy of the grievance shall be presented by the employee to his immediate supervisor (to whom the grievance was made verbally), the employee to retain one copy. The supervisor will 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 this grievance. Within three days after receipt of the written grievance the supervisor must present it with the information required from him, to the Township Manager.
The Township Manager will then consider and formally act on the complaint within 14 calendar days.
All papers and documents relating to a grievance and its disposition will be placed in the employee's personnel history file.
This chapter and all of its provisions shall at all times be subject to the Civil Service Rules of the State of New Jersey. In the event of a conflict, Civil Services Rules shall apply.
As used in this section:
- BONAFIDE RESIDENT
- A person having a permanent domicile within the Township and one which has not been adopted with the intention of again taking up or claiming a previous residence acquired outside of the Township.
- OFFICE AND EMPLOYEE
- All persons hired by the Township with the exception of Municipal Police Officers.
All employees and officers employed by the Township after the effective date of this section are required to be bona fide residents therein.
Any nonresident subsequently appointed to positions of employment by the Township pursuant to this section must become bona fide residents of the Township within one year of their appointments, except as otherwise provided by subsection 19-14.5.
Failure of any such employee to maintain residency in the Township shall be cause for removal or discharge from service. In the event such employee does not maintain bona fide residency, the Township shall notify the employee that failure to again take up bona fide residency in the Township within six months of such notification will result in removal or discharge from service. Such removal or discharge shall take effect on the date specified in such notice but any employee so removed or discharged shall have the right to such appeals as are available pursuant to law.
Whenever the Township Council or its designated hiring agent shall determine that there cannot be recruited a sufficient number of qualified residents for available specific positions or employments, the Township shall be authorized to advertise for other qualified applicants. The Township shall thereupon classify all qualified applicants for such positions of employments so determined in the following manner:
The Township shall first appoint all those in Class 1 and then those in each succeeding class in the order above listed and shall appoint a person or persons in any such class only to a position or positions of employment or employments remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment. The preference established by this subsection shall in no way diminish, reduce or affect the preferences granted pursuant to any other provisions of the law. Any nonresident recruited and hired as an officer or employee of the Township by this subsection shall be required, as a condition to their continued employment, to become a bona fide resident of the Township pursuant to subsection 19-14.3.
Whenever the Township Council or its designated hiring agent shall determine that there are certain specific positions and employment requiring special skill or skills which are necessary for the operation of the Township and which are not likely to be found among the residents of the Township, such positions or employments so determined shall be filled without reference to residency. The Township Council has determined that specific positions requiring special skills which are to be filled without reference to residency include, but are not limited to, the following: Township Auditor, Township Engineer, Municipal Court Judge, Township Prosecutor and Township Solicitor.
The Township shall give preference in promotion to officers and employees who are bona fide residents therein. When promotions are based upon merit as determined by suitable promotion tests or other objective criteria, a resident shall be given preference over a nonresident in any instance when all other measurable criteria are equal. The preference granted by this subsection shall in no way diminish, reduce or affect the preference granted pursuant to any other provisions of law.
Any requirements concerning eligibility, appointment or promotion contained in this chapter shall be subject to any order issued by any court or by any State or Federal agency pursuant to law, with respect to a requirement of action to eliminate discrimination in employment based upon race, creed, color, national origin, ancestry, marital status or sex, except that any requirement contained in this chapter pursuant to subsection 19-14.3 shall continue to apply notwithstanding any such order.
It shall be the declared policy of the Township to appoint all employees, either classified or unclassified without regard to political consideration. For the purpose of this subsection "Township employee" is defined to include full-time, temporary, probationary, seasonal or part-time personnel appointed by the Township Manager and receiving an annual or hourly reimbursement for their services.
Township employees shall not engage in any political activities during working hours or on Municipal property, nor seek or accept nomination or election to any Municipal office without first obtaining a leave of absence.
Nothing in this subsection 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 in private on political matters outside of working hours and off Township premises; or voting with complete freedom in any election.
The Township Council deems it appropriate to enhance the recruitment and retention of volunteer fire fighters and emergency medical volunteers in the Township and the State of New Jersey has enacted P.L. 1998 c. 145 which permits Municipal governments to allow their firefighting and emergency medical volunteers to take advantage of the Volunteer Credit Program as no cost to the Municipal government.
The Volunteer Tuition Credit Program as set forth in P.L. 1988, c. 145 is herewith adopted for the volunteer fire fighters and emergency medical volunteers in the Municipality nunc pro tunc to January 1, 2000.
The Township Manager or his designee is hereby designated the responsibility to administer the program and is authorized to enter into all agreement and to maintain files of all documents as may be required under the P.L. 1998, c. 145.