[Ord. No. 3158, 7-26-1988, § 2-31.1]
Pursuant to N.J.S.A. 40A:5-4, there shall be an Auditor appointed
by the Council, who shall be certified and licensed by the State of
New Jersey as a registered municipal accountant. He shall make such
periodic reports as required by the Council and shall make such annual
(or more frequent where required) audits of all municipal accounts,
in accordance with state law and regulations and in conformity with
good accounting practice and procedures.
[Ord. No. 3158, 7-26-1988, § 2-31.2; amended by Ord. No. 3707, 3-26-2002, § 1; Ord. No. 3711, 5-7-2002, § 1]
(a)
General.
The Council shall fix and determine the minimum and maximum salary
ranges of each officer and employee and may prescribe the conditions
under which the salary of any officer or employee may be increased
from time to time within the salary range. Unless otherwise provided
by the Council, the Manager shall fix all salaries within the salary
ranges established by the Council.
(b)
Payment
of salaries and wages. Unless otherwise provided by the Council, the
salaries of all Township officers and employees shall be paid in 24
equal installments. Salary payments for vacation periods may be made
in advance with the approval of the Municipal Manager.
[Ord. No. 4088, 8-19-2008, §§ 1-4]
(a)
Pursuant to N.J.S.A 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the Defined Contribution
Retirement Program:
(b)
Individuals in the following positions are exempt from Defined Contribution
Retirement Program membership, pursuant to N.J.S.A. 43:15C-2:
(c)
If an individual is appointed to one of the positions listed in Subsection (a) and the individual is not serving in a position as described in Subsection (b) above, the Pension Certifying Officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual:
(1)
Was an active participant in the Public Employee Retirement
System on July 1, 2007, and continuously since that time; or
(2)
Has been appointed pursuant to a valid promotional process;
or
(3)
Is appointed on a temporary, interim, or acting basis to a position
requiring state certification as set forth in Subsection (b) herein,
and is in pursuit of the required certification; or
(4)
Meets such other exceptions that may be approved by the Local
Finance Board or the Division of Pensions and Benefits.
(d)
This section shall be implemented, construed and subject to the aforesaid
Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1 et seq.) as amended
from time to time, and any regulations or guidance documents from
the Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. 3158, 7-26-1988, § 2-31.3]
(a)
Established; payments authorized. There is hereby established an
insurance program for the benefit of the Township employees and the
members of their immediate families, as set forth in applicable law.
Payment of premiums for such insurance is hereby authorized from the
current operating funds as established in the annual budget of the
Township. All payments made under this program shall be treated as
additional compensation to the individual employees of the Township.
The foregoing is subject to current self-insurance regulations.
(b)
Amount of insurance; persons covered. This program shall include
a coverage of all nonseasonal full-time employees and shall be governed
pursuant to current labor agreements.
(c)
Amendments and implementation of program; intent. This insurance
program may be amended, implemented and modified, from time to time,
within the framework and intention of this plan set forth herein by
resolution duly adopted by the Council. It is intended to cover present
employees and employees who may become duly qualified for coverage
hereunder. This insurance program shall not entitle any employee or
other person hereunder to receive remuneration in lieu of accepting
the benefits of this program.
(d)
Ratification of prior insurance. This article shall be deemed to
ratify all insurance now in force or heretofore in force in conformity
with this plan.
[Ord. No. 3158, 7-26-1988, § 2-31.4; amended
by Ord. No. 4-2016, 4-5-2016; Ord. No. 13-2023, 3-14-2023]
(a)
Election
of Township. Effective February 1, 2023, the Township of Teaneck has
elected to withdraw from participation in the State Health Benefits
Program provided by the New Jersey State Health Benefits Program Act
(P.L. 1964, c. 125).[1] In lieu thereof, the Township shall provide the same health
insurance coverage directly through Horizon Blue Cross/Blue Shield
(hereinafter the "insurance provider").
[1]
Editor’s Note: See N.J.S.A. 52:14-17.25 et seq.
(b)
Payments.
The Township will pay and remit to the insurance provider premiums
on account of employee coverage.
(c)
Township
Treasurer to act as certifying agent. The Township Treasurer is hereby
appointed to act as certifying agent in the administration of this
program.
(d)
Effective
date. Coverage under such act shall be effective as of February 1,
2023.
(e)
Waivers
of coverage.
(1)
Employees
who are eligible for other health care coverage may waive the health
insurance coverage to which the employee would otherwise be entitled
by virtue of employment with the Township of Teaneck by the filing
of a waiver in such form as the insurance provider and the Township
shall prescribe with the Township. After such waiver has been filed
and for so long as that waiver remains in effect, no premium shall
be required to be paid by the Township for the employee or the employee's
dependents.
(2)
In
consideration of filing a waiver as permitted in Subsection (e)(1)
above, the Township shall pay to the employee annually an amount equal
to:
a.
Twenty-five
percent, or $5,000, whichever is less, of the amount saved by the
Township because of the employee’s waiver of coverage.
b.
For
the purposes of computing the payments under Subsection (e)(2)a above,
the amount saved by the Township as a result of an employee’s
waiver of coverage shall be reduced by the amount of any required
contribution by the employee toward the cost of health insurance coverage,
either pursuant to state statute or regulation, ordinance, or collective
bargaining agreement, as if the employee was receiving coverage.
c.
On
and after the effective date of this amendatory section, the health
insurance premium shall be based on the employee’s coverage
eligibility (family, married, parent/child or single) under the Direct
15 Plan, or the equivalent thereof should such plan no longer be provided
in the future, provided by the insurance provider.
d.
During
the month of October of each year, employees who have filed a waiver
and are receiving a payment in consideration therefor shall be required
to submit the following information:
1.
The other health care coverage provider from which they are receiving
health care coverage.
2.
The plan under which such health care coverage is being provided.
3.
The type of coverage being provided (e.g., family, single, parent/child,
married).
4.
The cost of such health care coverage for which the employee or the
employee’s spouse is responsible.
5.
The name of the employee’s spouse and the names and date of
birth of any dependent children included under such health insurance
coverage.
Failure to provide the foregoing information shall result in
the suspension of the payment for each month or part thereof such
information is incomplete.
e.
The
foregoing payments shall be prorated and payable monthly for each
full month the employee waives coverage based upon the total cost
to the Township for the current calendar year and the type of coverage
for which the employee would have been eligible.
f.
Payments
in consideration for the waiver of coverage shall be treated as wages
subject to all employment taxes.
(3)
Any
employee who waives coverage shall be permitted to immediately resume
coverage if the employee ceases to be eligible for other health care
coverage for any reason, including, but not limited to, the retirement
or death of the spouse or divorce. An employee who resumes coverage
shall repay, on a pro rata basis, any amount received from the Township
which represents an advance payment for a period of time during which
coverage is resumed. An employee who wishes to resume coverage shall
notify the Township in writing within 60 days of the loss of other
coverage, provide the Township with proof of loss of that coverage
and file a declaration with the Township, in such form as the insurance
provider and the Township shall prescribe, that the waiver is revoked.
(4)
The
decision of the Township to allow its employees to waive coverage
and the amount of consideration to be paid therefor shall not be subject
to the collective bargaining process pursuant to N.J.S.A. 40A:10-17.1.
[Ord. No. 3158, 7-26-1988, § 2-31.5]
(a)
All the books, maps, papers, accounts, statements, vouchers and other
documents whatsoever acquired or produced in any department shall
be carefully and conveniently filed, kept and preserved, and be and
remain the sole property of the Township, and shall not at any time
be removed from the offices of such department except when required
for use in official business, and shall then be returned to such office
without delay. Each department head shall be responsible for enforcing
the requirements of this section in his department. This section shall
be subject to the provision of the Destruction of Public Records Law
(1953) (N.J.S.A. 47:3-15 et seq.).
(b)
All public documents and records shall, during office hours, be open
to public search, inspection and examination, subject to and within
the limitations prescribed by law, and provided that such search,
inspection and examination may be made under such regulations as the
officer having custody of such records, books and documents shall
establish for the safety and preservation thereof and subject to reasonable
restrictions on the use of Township personnel and facilities.
[Ord. No. 3158, 7-26-1988, § 2-31.6]
Upon the termination of the term of office or the employment
of any officer or employee, he shall forthwith deliver to his successor
or, if there be no successor, to the Clerk or other person who may
be designated by the Manager to receive same all moneys, papers, books,
memoranda, accounts and data of any nature whatever pertaining to
his office.
[Ord. No. 3158, 7-26-1988, § 2-31.7; amended
by Ord. No. 3162, 8-9-1988, § 12; Ord. No. 3174, 1-25-1988, § 10; Ord.
No. 3707, 3-26-2002, § 2]
(a)
Fiscal year. The fiscal year of the Township shall begin on the first
day of January and end on the 31st day of December in each year, as
provided by law.
(b)
Budget preparation; general.
(1)
During the month of October in each year, all department heads
shall submit to the Manager requests for appropriations for the next
ensuing budget year. Each department head shall appear at the public
hearing on his budget requests and shall then justify the request
in terms of work to be performed, service to be rendered or programs
to be administered.
(2)
Budget requests shall be in such form and detail as the Manager
shall prescribe. The Manager shall promptly refer to the Planning
Board all departmental requests and proposals relating to capital
projects.
(3)
At such time annually as shall coordinate with the requirements
of state laws and regulations, the Planning Board shall prepare and
submit to the Manager a capital program for the ensuing six fiscal
years.
(4)
Pursuant to law, the Manager shall submit to the Council his
tentative budget, together with such explanatory comment or statement
as he may deem desirable. The budget shall be in such form as required
by law for municipal budgets. It shall, in addition, include a current
operation section and a capital section, together with detailed analyses
of the various items of expenditure and revenue and, to the extent
feasible, appropriate statements of the cost of performance of functional
programs and activities in terms of quantitative, countable units
of work for operating expenditures and projected annual costs of operation,
maintenance and debt service for capital expenditures.
(c)
Capital program and budget.
(1)
The capital section of the Manager's budget shall include a
capital program for the ensuing six years, including:
a.
A clear summary of its contents.
b.
A list of all capital improvements which are proposed to be
undertaken during the six fiscal years next ensuing, with appropriate
supporting information as to the necessity for such improvements.
c.
Cost estimates, method of financing and recommended priorities
and time schedules for each such improvement.
(2)
The above information may be revised and extended each year
with regard to capital improvements still pending or in process of
construction or acquisition.
(d)
Capital program. In the capital section of the budget document, the
Manager shall include such capital projects and outlays as he may
select from the capital program for the current capital budget, together
with the relevant explanation and justification.
(f)
Budget operation. Budget appropriations shall be controlled by an
encumbrance system which shall be prescribed or approved by the Manager.
The Manager may establish quarterly or such other periodic allotments
of appropriations as he may deem desirable. Each department shall
plan and administer its work program within the limits of such allotments,
and no commitments shall be incurred in excess of any such allotment
except upon written authorization of the Manager.
(g)
Contracts generally. Within the limits of available appropriations,
the Mayor is authorized to negotiate contracts and other legally binding
obligations for the Township, subject to approval of the Council.
Any such contractual document shall be signed by the Manager, approved
by the Treasurer as within an unencumbered and unexpended balance
of appropriations therefor, and approved by the Township Attorney
for legal form and sufficiency. Purchase orders for which a formal
contract is not required by the Charter or by law may be authorized
by the Manager within the limits of available appropriations.
(h)
Awards of contracts. Where contracts are let by competitive bidding
pursuant to law, the Council shall be the Township's contracting agent
for the purposes of the Local Public Contracts Law.[2] It may award the contract in the manner prescribed by
law and shall report thereon at its next meeting all such bids and
awards.
[2]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
(i)
Audit, warrant and payment of bills and claims; listing.
(1)
All bills, claims and demands against the Township shall be
deemed approved or disapproved by the Council in accordance with the
action of the Treasurer. A voucher on a form prescribed by the Treasurer
and approved by the Manager shall be presented for each bill, claim
or demand and shall be paid only upon the audit, warrant and approval
of the Treasurer. Disbursement shall be made by a combination warrant/bank
check warranted by the Mayor and countersigned by the Treasurer, except
that payroll checks may be safeguarded by the Treasurer alone upon
voucher and warrant of the Manager for a total payroll.
(2)
The Treasurer shall prepare for each regular meeting of the
Council a list of all bills, claims and vouchers which have been paid.
Such list shall be filed with the Clerk as a public record open to
examination in his office, and he shall note such filing in his minutes,
together with a total of each listing.
(j)
Central payroll. Salaries, wages and other compensation of all officers and employees shall be paid as provided for in § 2-150(b). The head of each department shall notify the Manager, at such times and in such form as the Manager shall prescribe, of the names and positions of all persons employed in or by the department who are entitled to be paid in the next ensuing payroll. Upon warrant of the Manager, the Treasurer shall complete a central payroll and prepare the necessary checks for signature. The Council, from time to time, may order a payroll audit.
(k)
Surety bonds. Every officer or employee of the Township who, by virtue
of his office or position or of any law, is entrusted with the receipt,
custody or expenditure of public moneys or funds of the Township and
any other officer or employee who may be required to do so by the
Council shall, before entering upon the duties of his office or position,
execute and deliver a surety bond in such amount as may be fixed by
resolution of the Council (if not already covered by the Self-Insurance
Fund), binding him to the Township in its corporate name and conditioned
upon the true and faithful performance of his duty. Each officer or
employee required by this section or otherwise to give bond shall
execute such a bond with sufficient surety and file same as provided
in the Charter.
[Ord. No. 3158, 7-26-1988, § 2-31.8; amended
by Ord. No. 3517, 9-30-1997, §§ 1, 2, 3 and 4]
(a)
Title. This section shall hereafter be known and cited as the "Indemnification
of Municipal Employees, Appointees and Officials."
(b)
Definition. As used herein, "official" or "municipal officer" shall
mean a present or former municipal employee, appointee, official,
elected official or member of the various boards or bodies of the
Township.
(c)
Civil actions.
(1)
The Township is hereby authorized to provide for the defense
of actions brought against its officials and to indemnify such officials
to the extent hereinafter set forth and shall save harmless and protect
such persons from any financial loss resulting from litigation.
(2)
The obligation of the Township to defend and indemnify its officials
for acts or omissions arising out of or in the course of the performance
of the duties of that person shall be limited to those circumstances
under which the Township itself would be liable for the acts of its
officials under the doctrine of respondeat superior except for actions
brought pursuant to 42 U.S.C. § 1983 (civil rights cases).
(3)
In the event that an official or municipal officer is required
to defend an action relating to his position subsequent to leaving
office or municipal employment, the terms, conditions and provisions
of this section shall apply.
(4)
In the event that the official or municipal officer is being
sued for exemplary or punitive damages, the Township shall indemnify
said official or municipal officer with respect to the same only if,
in the opinion of the Township Council, the acts committed by the
official or municipal officer upon which the damages are based did
not constitute actual fraud, actual malice, willful misconduct or
an intentional wrong, all pursuant to N.J.S.A. 59:10-1 et seq, including
but not limited to N.J.S.A. 59:10-4.
(d)
Criminal actions. The Township shall defray the costs of defending
any criminal action against any official (if the underlying allegations
of said criminal action reasonably relate to or arise from the official's
execution of his official duties), provided that:
(1)
It is authorized by state statute, municipal ordinance (and
the Charter hereby authorizes the same) or by resolution, and provided
that the criminal proceedings have been dismissed or result in a final
disposition in favor of the official.
(2)
The Council determines that there is not good cause to dismiss
the official, arising out of the incident or related incidents of
the criminal proceedings.
(e)
Limitations. The Council shall not approve indemnification of the
defense of any action if:
(1)
In the opinion of the Township Council, the act or omission
complained of was not within the scope of employment or authority,
pursuant to N.J.S.A. 59:10-1 et seq., including but not limited to
N.J.S.A. 59:10-4;
(2)
In the opinion of the Township Council, the act or omission
complained of was not within the scope of employment or authority,
pursuant to N.J.S.A. 59:10-1 et seq., including but not limited to
N.J.S.A. 59:10-4;
(3)
The defense of the action or proceeding would create a conflict
of interest between the Township and the official involved;
(4)
There exist policies of insurance, either obtained by the Township
or by another by virtue, of which the municipal official is entitled
to a defense of the action in question from the insurer. In the event
that the aforesaid insurance covers less than an entire defense to
the particular action, indemnification shall be approved for that
part of the defense not covered by insurance;
(5)
The municipal official has failed to deliver to the Council
within 14 days of the time he or she is served with any summons, complaint,
process, notice, demand or pleading the original or copy of such document,
or thereafter fails to cooperate with the Township in the defense
of the matter;
(6)
The official fails to request the defense of any action; and
(7)
The action was brought by the Township.
(f)
Method to provide for the defense of actions. If the Council determines
to provide a defense as authorized herein, the Council may use one
of the following methods:
(1)
The Township Attorney, if the Township Attorney and the official
or municipal officer requiring defense determine that there is no
ethical conflict created by said representation;
(2)
Hiring an attorney of its choice and paying the same directly;
or
(3)
Reimbursing the municipal official for reasonable attorneys'
fees expended or obligated to be expended by such official in the
defense of the action, such fees to be agreed upon in advance.
(g)
Additional provisions. In addition to the provisions hereof, all
officials of the Township shall be entitled to defense and indemnification
as provided in N.J.S.A. 59:10-1 et seq. and N.J.S.A. 59:10A-1 et seq.
(h)
Costs. All costs of defense and legal fees to be provided herein
by the Township shall be calculated as reasonable prevailing fees
as charged in the County of Bergen at the time they are incurred,
and the Township shall only be responsible to that extent. In the
event of a dispute as to the reasonableness of any fee to be paid
by the Township in defense of an official or municipal officer, as
provided herein, either party may seek review before the Superior
Court of New Jersey, Bergen County, for adjudication, each party to
bear his own cost for such proceedings.
[Ord. No. 3158, 7-26-1988, § 2-31.9]
The Appendixes annexed hereto are incorporated herein by reference
and made a part of this chapter as if they were fully set forth herein:
