Township of Mendham, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Mendham as Ch. IX of the 1998 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 22.
Length of service awards program — See Ch. 33.

§ 45-1 Personnel policies.

[Amended by Ord. No. 17-1970]
A. 
General policy.
(1) 
Employment in the Township, promotions, and other personnel actions shall be based on merit and fitness, free of personal and political considerations.
(2) 
Qualified Township personnel shall be given first consideration for vacancies and new positions.
B. 
Abolition or modification of offices. The Township Committee may by ordinance abolish, increase, decrease or modify the terms and compensation of any office of the Township, except that it may not abolish or alter the terms of an office created by general law. Except where an office is abolished, no decrease in compensation or modification of its terms shall affect any incumbent for the duration of the term for which he/she was appointed.

§ 45-2 Appointments.

[Amended by Ord. No. 17-1970]
A. 
Power of appointment. All employees, officers and department heads of the Township shall be appointed by the Township Committee, except as may be otherwise provided by general law.
B. 
Qualifications. Original appointments to fill vacancies or for new positions shall be limited to qualified persons who have been interviewed or tested concerning such factors as education, experience, aptitude, knowledge, character and physical and mental fitness.
C. 
Preference to Township employees and residents. Provided they are qualified for the positions for which they have applied, preference shall be given in appointments to vacancies and new positions, first to employees of the Township and secondly, to persons who are residents of the Township at the time of their appointment. The Township Committee may by ordinance provide that all officers and employees shall be residents of the Township.
D. 
Application for appointment. Applicants for employment shall apply on forms provided by the Township Clerk, designed to obtain pertinent information concerning the applicant's education, training, experience, character and other factors necessary to determine his fitness and qualification for the Township service. All applications shall be filed with the Township Clerk.
E. 
Processing. The Township Clerk shall be charged with processing all applications for appointment to vacancies or new positions, and reporting thereon to the Township Committee. Where it appears that an applicant is otherwise qualified for employment, the Township Clerk shall require that the applicant furnish evidence that he/she is physically fit for the position for which he/she seeks employment.
F. 
Grounds for rejection of an applicant. An applicant for employment may be rejected where he/she:
(1) 
Is not qualified for appointment to the position for which he/she has applied;
(2) 
Is physically unfit to perform the duties of the positions for which he/she has applied;
(3) 
Is addicted to the habitual or excessive use of drugs or intoxicants;
(4) 
Has been convicted of any crime or offense, including disorderly persons offenses involving moral turpitude;
(5) 
Has received other than an honorable discharge from the Armed Services of the United States;
(6) 
Has been dismissed from previous employment for delinquency, insubordination or misconduct;
(7) 
Has practiced or attempted to practice any deception or fraud in his/her application or in furnishing other evidence of eligibility for appointment;
(8) 
Is not within age limits that have been established for the positions for which he/she seeks appointment.

§ 45-3 Personnel management.

[Amended by Ord. No. 17-1970]
A. 
Probation. Except when provided by law, every person appointed to a new position shall be deemed to be on probation in the position to which he/she shall have been appointed for a period of three months, but such probation shall not affect permanent status of any other Township employment that such person may have achieved. Prior to his/her completion of the probationary period, the employee or officer shall be evaluated by the Township Committee to determine whether he/she shall be granted permanent status or dismissed. The Township Committee may require reports and recommendations from immediate superiors and department heads for this purpose. In accordance with N.J.S.A. 52:17B-69, a probationary or temporary appointment as a police officer may be made for a total period not exceeding one year for the purpose of enabling a person seeking permanent appointment to take a police training course as required by law.
B. 
Personnel file. The Township Clerk shall initiate a personnel file for each new employee and all records of such employee concerning qualification, permanent status, work history, accumulated vacation and sick leave, leave time and the like shall be maintained for such employee in such file. The Township Clerk shall make such files available for inspection by the employee on a reasonable basis.

§ 45-4 Working conditions.

A. 
General. The provisions of this section shall not apply to members of the Township Police Department and probationary officers who are covered by a bargaining unit contract.
[Amended by Ord. No. 11-19-1970; Ord. No. 27-1974; Ord. No. 6-1989]
B. 
Hours and overtime.
[Added by Ord. No. 6-1989]
(1) 
Full-time officials and employees not in the Department of Public Works shall work such hours as are required for the proper performance of their duties and shall hold office hours as directed by the Township Committee. Part-time employees shall work such hours as may be specified for their services by the Township Committee.
(2) 
The normal standard work period for employees in the Department of Public Works is fixed as a work week commencing on Monday at 7:00 a.m. and ending on the following Friday at 3:30 p.m., with 1/2 hour for lunch each day. An employee who is required to work in excess of 40 hours in any work week or on a Saturday, Sunday or holiday shall receive overtime pay for each hour of such work at the rate of 1 1/2 times the employee's regular hourly rate, provided that an employee who is required to work on New Year's Day, Thanksgiving Day or Christmas shall receive overtime pay for each hour worked at the rate of twice the employee's regular hourly rate, and further provided that an employee who is called out for extra work shall be compensated for a minimum of four hours' work.
C. 
Holidays.
[Amended by Ord. No. 11-19-1970; Ord. No. 7-1984; Ord. No. 6-1989]
(1) 
The following official holidays with pay shall be observed by the Township:
[Amended 10-24-2006 by Ord. No. 24-2006]
New Year's Day
Martin Luther King's Birthday
President's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Election Day*
Veteran's Day
Thanksgiving Day
Christmas Day
NOTES:
*
Township Hall will remain open on Election Day, and will be closed on the day after Thanksgiving in exchange for Election Day.
**
Full-time employees of the Township will also be entitled to one floating holiday per calendar year, to be taken at the option of the employee, upon two weeks' notice in writing and with the approval of the department head.
(2) 
Where any holiday is by federal or state law or proclamation directed to be observed on a certain day, other than the day formally recognized, such federal or state designation of the holiday shall govern for all purposes of this chapter. For the purpose of this chapter and except where inconsistent with federal or state law or proclamation governing such holidays, a holiday whose observance falls on a Saturday shall be deemed to fall on the preceding Friday and a holiday whose observance falls on Sunday shall be deemed to fall on the following Monday.
(3) 
In the event that an official holiday is observed during an employee's vacation, he/she shall be entitled to an additional vacation day, and should an official holiday occur while an employee is on sick leave, he/she shall not have that day charged against his/her sick leave.
D. 
Vacations.
[Amended by Ord. No. 17-1970; Ord. No. 11-1974; Ord. No. 8-1980; Ord. No. 7-1984; Ord. No. 6-1989]
Years of Service
Amount of Vacation
Prior to completion of 1 year
No days for the first 6 months; 1 working day for each month of service thereafter
After 1 year and to the completion of 3 years
14 working days per calendar year
After 3 years and to the completion of 5 years
16 working days per calendar year
After 5 years and to the completion of 10 years
19 working days per calendar year
After 10 years and to the completion of 15 years
22 working days per calendar year
After 15 years and to the 20 years
25 working days per calendar year
After 20 years
27 working days per calendar year
(1) 
Completion of the specified years of service at any time during a calendar year shall entitle an employee to the full amount of vacation for that calendar year in accordance with the above schedule.
(2) 
The scheduling of vacations for employees shall be approved by each department head.
(3) 
All vacations shall be taken during the current calendar year and vacation time shall not be accumulated beyond the year of entitlement, with the following exceptions:
(a) 
In the event of an emergency in the opinion of the department head, the department head may approve the taking of any unused vacation days in the first six months of the succeeding year. The department head shall notify the Township Clerk of any such approval in writing before the end of the current calendar year, and such notification shall include the name of the employee, the number of vacation days remaining and the dates when the remaining vacation days will be taken.
(b) 
A specific agreement regarding the postponement of a certain number of vacation days until the following year is reached between an employee and the Township Committee.
(4) 
If an employee shall retire, resign or otherwise be separated from employment before the end of the calendar year, and after he/she has taken his/her vacation, such employee shall reimburse the Township for any portion of the vacation already taken to which he/she was not entitled because he/she did not complete the full calendar year of service.
(5) 
If an employee shall retire, resign or otherwise be separated from employment before the end of the calendar year, and before taking his/her vacation, then his/her vacation allowance shall be prorated on the basis of his/her length of service during the calendar year.
E. 
Personal days. A full-time employee shall be allowed three personal days with pay per calendar year, the specific days to be subject to prior approval of the department head. During an employee's first year of employment, the employee shall be entitled to one personal day for the completion of each four months of employment. Additional personal days may be granted by a department head in an emergency situation. Personal days shall not be charged against accumulated sick leave.
[Amended by Ord. No. 11-1974; Ord. No. 8-1980; Ord. No. 6-1989]
F. 
Longevity benefits. An employee shall be entitled to receive, in addition to his/her regular salary, the sum of $300 for the first five-year increment of full-time employment and $200 for each additional five-year increment of full-time employment by the Township in recognition of service and increased value to the Township. Such additional compensation shall commence with the next pay period following the employee's anniversary date and shall be prorated during the initial year of entitlement by reason of each five-year increment of full-time employment. Such additional compensation shall be considered as a part of the employee's salary for income tax and retirement system purposes.
[Added by Ord. No. 6-1989]
G. 
Sick leave.
[Amended by Ord. No. 17-1970; Ord. No. 8-1980; Ord. No. 6-1989]
(1) 
Each full-time employee shall after one year of employment be entitled to sick leave of 15 days per calendar year. During an employee's first year of employment, sick leave shall accumulate at the rate of one day per month of employment.
(2) 
Sick leave shall be cumulative up to a maximum of 200 working days.
(3) 
There shall be no compensation nor compensatory time off for unused sick leave.
(4) 
Additional sick leave may be granted for any serious or prolonged illness or injury at the discretion of the Township Committee.
(5) 
If an employee is absent for three or more consecutive working days, the Township may require, as a prerequisite to the qualification of the employee for sick leave, that the employee submit a physician's certificate, certifying that the employee's absence is due to sickness or injury. In addition, in the case of protracted recovery (i.e., 30 days or longer), the Township may at reasonable intervals thereafter require additional physician's statements certifying that the employee is still unable to return to work because of the same spell of sickness or injury.
(6) 
If an employee shall retire, resign or otherwise be separated from employment before the end of a calendar year, sick leave shall be prorated at the rate of one-and-one-quarter days per month, and an employee shall reimburse the Township for any sick leave already taken to which he/she was not entitled.
H. 
Work-related injury.
[Amended by Ord. No. 17-1970; Ord. No. 8-1980; Ord. No. 6-1989]
(1) 
If a full-time employee suffers an injury or disability in the line of duty, the Township shall continue such employee at full pay and benefits during the continuation of such employee's inability to work up to a maximum of six months. During this period of time, all temporary disability benefits which the employee receives under the provisions of the Workers' Compensation Act shall be paid over to the Township. The Township Committee may at its discretion extend the six-month period.
(2) 
The employee shall be required to present evidence by a certificate of a responsible physician establishing his/her inability to work. The Township may require the employee to present such certificates at reasonable intervals.
I. 
Leave for death in family.
[Amended by Ord. No. 17-1970; Ord. No. 8-1980; Ord. No. 6-1989]
(1) 
Each full-time employee shall be entitled to leave with pay according to the following schedule:
(a) 
Five days immediately following the death of a spouse or child.
(b) 
Three days immediately following the death of a parent, a brother or sister or the parent of a spouse.
(c) 
One day immediately following the death of a broth-in-law or a sister-in-law, a grandmother, a grandfather or a relative living under the same roof, provided that the employee attends the funeral.
(2) 
In addition to the above and upon written application setting forth pertinent factual data, additional funeral leave may be allowed by the department head.
J. 
Other working conditions for employees of the Department of Public Works. In additional to the working conditions set forth in this § 45-4, other special detailed working conditions may be established for employees of the Township Department of Public Works in resolutions adopted by the Township Committee.
[Added by Ord. No. 6-1989]

§ 45-5 Disciplinary action.

[Amended by Ord. No. 17-1970]
A. 
Disciplinary actions enumerated. An employee may be disciplined in accordance with general law and this chapter by any of the following actions, which are stated in order of severity, for the causes stated in this section by a department head or the Township Committee, except that no employee shall be suspended or dismissed without the approval of the Township Committee:
(1) 
Informal, verbal reproof.
(2) 
Written reproof.
(3) 
Suspension from duty.
(4) 
Dismissal.
B. 
Causes of disciplinary action. The causes for which disciplinary action may be invoked are the following:
(1) 
Neglect of duty.
(2) 
Absence without leave or failure to report after authorized leave has expired, or after such leave has been disapproved or revoked; provided, however, that any regular member of Officer of the Police Department who shall be absent from duty without just cause for a term of five days continuously and without permission shall, at the expiration of such five days, cease to be a member of the Police Department as provided by N.J.S.A. 40A:14-122, as amended.
(3) 
Incompetency or inefficiency or incapacity due to mental or physical disability.
(4) 
Insubordination or serious breach of discipline.
(5) 
Intoxication while on duty.
(6) 
Commission of a criminal act.
(7) 
Disobedience of a rule or regulation of the Township.
(8) 
Conduct unbecoming a public employee.
C. 
Hearing. Any employee disciplined under the provisions of this section shall, upon request, be granted a hearing. A reasonable opportunity for such hearing shall be granted before the imposition of disciplinary action, except that an employee may be summarily suspended if it is deed that the circumstances so warrant. In such case if, after hearing, it appears that the suspension was not proper, the Township Committee may order reinstatement with pay.

§ 45-6 Meritorious actions.

[Amended by Ord. No. 17-1970]
It is hereby declared to be the policy of the Township to recognize and encourage meritorious actions on the part of its officers and employees. To this end, letters of commendation concerning Township employees from their superiors and from members of the public with whom they deal shall be directed to the attention of the Township Committee, and then recorded in the employee's personnel file. In addition, the Township Committee may, on its own motion, commend the work of particular officers and employees and cause such commendation to be inserted in their personnel files.

§ 45-7 Bonding of officers and employees.

[Amended by Ord. No. 17-1970]
A. 
Every officer or employee of the Township who, by virtue of his/her office or position, is entrusted with the receipt, custody or expenditure of public monies or funds, and any other officer or employee who may be required so to do by the Township Committee shall, before entering upon the duties of his/her office or position, execute and deliver a surety bond in such amount as may be fixed by the Township Committee, binding him/her to the Township in its corporate name and conditioned upon the true and faithful performance of his/her duty. Each officer or employee required by law to give bond shall execute such bond with sufficient surety and deliver the same to the Township Clerk, except that the Township Clerk shall deliver his/her bond to the Treasurer, before he/she enters upon the discharge of his/her duties of the officer or employment,
B. 
If any officer or employee shall neglect to execute and deliver his/her bond as herein required within 30 days after due notification of his/her election or appointment, his/her office or position may be declared vacant.
C. 
In every case in which any person is required by the laws of the state or by any ordinance of the Township to give a bond for the faithful performance of his/her duties, such bond shall be secured by a corporate surety authorized to do business in this state and the premium therefore shall be paid by the Township. Each bond shall be approved by the Township Attorney as to form and sufficiency, and nothing in this section shall be construed to prevent the use of one or more blanket bonds when so approved.

§ 45-8 Code of Ethics.

[Amended by Ord. No. 17-1970]
A. 
Conflicts of interest. No elected or appointed official, officer or employee of the Township shall engage in any business transaction, professional activity, or have a financial or other private interest, either direct or indirect, which is in substantial conflict with the proper discharge of his/her official duties, unless full disclosure is made as to such interest in writing to the Township Committee.
B. 
Employment or investments affecting duties. No elected or appointed official, officer or employee of the Township shall accept employment, engage in any business transaction or make any investment which will be detrimental to the Township in the exercise of his/her official duties or which will interfere with the Township in the exercise of his/her official duties or which will interfere in any manner whatsoever with the discharge of his/her official duties.
C. 
Representation of private interests before Township agencies, departments or Municipal Court. No elected or appointed official, officer or employee of the Township shall represent any private interests to the detriment of the Township or for the purpose of unwarranted personal gain before any Township agency or department, or the municipal court, or in any litigation to which the Township is a party.
D. 
Disclosure of interest in litigation. In the event that any elected or appointed official, officer or employee has a direct or indirect financial or personal interest in any proposed legislation, he/she shall publicly disclose on the official records of the Township the nature and extend of such interest.
E. 
Improper use of official position. No elected or appointed official, officer or employee of the Township shall improperly use his/her official position in order to obtain a personal discount or other benefit from any person whatsoever.