[HISTORY: Adopted by the Mayor and Council
of the Borough of Closter as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-27-1974 by Ord. No. 1974:250
(Art. I of Ch. 65 of the 1967 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Any person appointed to be the supervisor or administrative
official appointed to supervise the members of a department of the
Borough of Closter.
An employee appointed to a position within the Borough of
Closter who is required to work not less than 35 hours per week.
[Amended 7-24-2019 by Ord. No. 2019:1255[1]]
An employee appointed to a position within the Borough of
Closter whose normal duties require services on a flexible and/or
on-call schedule of less than 35 hours per week on behalf of the Borough
and is paid by the number of hours worked.
[Added 7-24-2019 by Ord. No. 2019:1255]
An employee appointed to a position within the Borough of
Closter whose normal duties require less than 35 hours per week on
behalf of the Borough and is paid a salary based upon an agreed-upon
annual amount.
[Added 7-24-2019 by Ord. No. 2019:1255]
An employee of the Borough of Closter who, for a period of
time, must serve a trial period of employment to determine if the
employee has the necessary qualifications for appointment to a regular
part-time or full-time employment position by the Mayor and Council
of the Borough of Closter.
[Added 8-10-1983 by Ord. No. 1983:456; amended 7-24-2019 by Ord. No. 2019:1255]
An employee of the Borough of Closter, appointed annually
by the Mayor and Council, responsible for aiding pedestrians, including
school children, across roadways and intersections who works certain
hours as directed by the Chief of Police of the Borough of Closter
and is compensated at hourly rates as established in the Salary Ordinance
adopted by the Mayor and Council.
[Added 8-10-1983 by Ord. No. 1983:456; amended 7-24-2019 by Ord. No. 2019:1255]
An employee appointed by the Mayor and Council of the Borough
of Closter or its properly designated officials whose employment is
for a limited time of less than one year.
[Amended 7-24-2019 by Ord. No. 2019:1255]
[1]
Editor's Note: This ordinance also repealed the former definitions
of "part-time employee and "permanent employee," which immediately
followed this definition.
A.
Employment by the Borough of Closter shall be based
solely on the applicant's qualifications without regard to race, creed/religion,
color, national origin, ancestry, nationality, disability, sex, gender
identity or expression, affectional or sexual orientation, age, marital/domestic
partnership/civil union status, military service, genetic information,
or any other trait or characteristic protected by law.
[Amended 7-24-2019 by Ord. No. 2019:1255]
B.
Whenever a vacancy exists or a new position is created,
recruitment to fill the same with a qualified person will be conducted
by the Borough Administrator or other person designated by the Mayor
and Council of the Borough of Closter.
C.
The Mayor and Council shall determine the appropriate
qualifications for the particular position to be filled, and the decision
of the Mayor and Council in such matters shall be final.
D.
In certain cases when authorized by law, prior to
the appointment of any applicant, the person may be asked to undergo
a physical examination or examinations as requested by the Mayor and
Council by physicians named by the Mayor and Council, and may be required
to complete and file a prescribed questionnaire of physical condition
and medical history with the Administrator of the Borough. Every newly
hired employee must undergo an official background check.
[Amended 2-25-2009 by Ord. No. 2009-1026; 7-24-2019 by Ord. No. 2019:1255[1]]
E.
An application for employment may be rejected for
the following reasons, among others:
[Amended 7-24-2019 by Ord. No. 2019:1255]
(1)
The applicant fails to qualify because he or she is
unable to perform the essential duties of the position.
(2)
The applicant is addicted to the habitual or excessive
use of drugs or intoxicants which would impede the applicant's ability
to perform his or her job responsibilities.
(3)
The applicant has been convicted of any crime or offense
involving moral turpitude.
(4)
The applicant has been dismissed from previous employment
for delinquency, insubordination or misconduct.
(5)
The applicant has practiced or attempted to practice
any deception or fraud in his or her application or in furnishing
other evidence of eligibility for appointment.
F.
This section shall not apply to members of the Police
Department to the extent that it is inconsistent with the rules and
regulations of the Police Department or any contract applicable to
the Police Department.
[Amended 7-24-2019 by Ord. No. 2019:1255]
A.
Reporting accidents. An employee who is injured in
the performance of his or her duties shall immediately report the
accident to his or her supervisor, and the employee and the supervisor
shall each submit at once a written report detailing the accident
to the Borough Administrator.
B.
Outside employment. The employee shall not accept
outside employment or engage in outside business activities if there
is any reasonable probability that such outside employment will interfere
with an employee's performance or compromise an employee's position
with the Borough. It shall be the responsibility of an employee to
notify the Borough Administrator, in writing, of acceptance by the
employee of any outside employment within 15 days of acceptance of
such employment.
[Amended 8-10-1983 by Ord. No. 1983:456]
C.
Personnel records. The Borough Administrator shall
establish forms for maintaining personnel records for each employee
in the Borough. The personnel records shall contain periodic personnel
evaluation reports by the respective department head, which reports
are hereby required of each department head. The records shall include
dates of appointments, promotions, job titles, salaries, commendations,
disciplinary actions, leaves of any type taken and accumulated, grievances
and similar information. All such files and reports shall be confidential
records and accessible only to the Borough Administrator and the Mayor
and Council, to the department head of the employee for whom the record
is maintained or to the employee. Such personnel records shall be
maintained in a locked file.
D.
Borough policies.
(1)
No part of the pay due an employee for work done shall
be withheld from his or her check, except as required by law or as
authorized, in writing, by the employee.
(2)
Employees may not accept donations or other gratuities,
contributions or anything of value in connection with the performance
of their duties.
E.
Political activity; certain political activities prohibited.
Borough employees shall not engage in any political activities during
working hours.[1]
[1]
Editor's Note: Former Subsection F, regarding full-time employees,
added 2-25-2009 by Ord. No. 2009-1026 and amended 4-9-2014 by Ord. No. 2014:1160, which immediately followed this subsection, was repealed 7-24-2019 by Ord. No. 2019:1255.
A.
All employees of the Borough of Closter except temporary
employees and school crossing guards shall receive 13 holidays with
compensation at the regular rate of daily compensation in each calendar
year. Each department head, with the approval of the Borough Administrator,
shall establish the holidays for his or her particular department
no later than December 1 for the following year. All department holiday
schedules shall include the following holidays:
[Amended 8-10-1983 by Ord. No. 1983-456; 4-9-2014 by Ord. No.
2014:1160; 7-24-2019 by Ord. No. 2019:1255]
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New Year's Day
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Martin Luther King’s Birthday (3rd Monday in January)
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Presidents' Day (third Monday in February)
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Memorial Day (last Monday in May)
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Independence Day (July 4th)
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Labor Day (first Monday in September)
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Thanksgiving Day (fourth Thursday in November)
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Christmas Day
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In addition, the following generally will be included but are
subject to change annually:
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Good Friday (varies from year to year)
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Columbus Day (second Monday in October)
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Veterans Day (November 11th)
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Day after Thanksgiving
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Christmas Eve (December 24th)
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B.
When any of the above legal holidays falls on a Saturday
or Sunday, said holiday shall be celebrated on the Friday before or
the Monday after, at the discretion of the Borough Administrator.
C.
In order to be entitled to the above paid holidays,
the employee must work the regular workdays before and after the holiday,
except that if a holiday falls within an employee's vacation, the
employee will receive an additional day of vacation.
[Amended 8-10-1983 by Ord. No. 1983:456]
D.
Where it is necessary to maintain service requiring
an employee to work on an official holiday, that employee may be compensated
by being permitted to take an equal amount of time off with pay on
a regular working day at a time approved by the department head.
E.
Should an official holiday occur when an employee
is on sick leave, he or she shall not have that holiday charged against
his or her sick leave.
A.
Accurate and complete time and attendance records
will be maintained by each department unit of the Borough. The head
of the department will certify to the Borough Administrator as to
the accuracy of the time and attendance records at the end of each
month. Records shall be kept on forms prescribed by the Borough Administrator.
B.
Being punctual is of the utmost importance; consequently,
any lateness and the reason for it will be noted on the time record.
Recurring or chronic lateness will be referred to the Borough Administrator
for appropriate action and will be the basis for disciplinary action
against the offending employee.
C.
It is the responsibility of each employee to notify
his or her department head without delay if he or she will be absent
from or delayed in reaching his or her assigned post. If an employee
is unable to promptly communicate with his or her department head,
he or she shall notify the Borough Administrator. Failure to report
when absent may lead to disciplinary action, including dismissal.
It is the responsibility of each department head to know at all times
the whereabouts of every member of his or her group.
[Amended 7-24-2019 by Ord. No. 2019:1255]
D.
The regular workweek for full-time Borough employees
is five days, for not more than 40 hours. The schedule of hours shall
be set by the department heads, subject to approval of the Mayor and
Council.
[Amended 7-24-2019 by Ord. No. 2019:1255]
A.
Overtime work shall be kept to a minimum and, except
in the case of an emergency, must be authorized in advance by the
department head. Records will be kept of all overtime and be part
of the Administrator's monthly report to the Mayor and Council.
B.
All Borough employees, except those who hold elective office, the Borough Administrator, the Borough Clerk, the Superintendent of Public Works, the Chief of Police, the Borough Collector/Treasurer, the Borough Assessor and the Borough Construction Code Official and subcode officials, who work in excess of the regular workweek as described in § 48-6D will be paid overtime at the rate of time and one-half their base hourly rate, and said employees who shall work on Sundays and approved scheduled holidays will be paid at twice the base hourly rate.
[Amended 8-10-1983 by Ord. No. 1983:456; 7-24-2019 by Ord. No. 2019:1255]
A.
Except as set forth in Subsection C, all full-time employees of the Borough of Closter and all part-time salary employees (on a pro-rata basis) shall be entitled to annual paid vacations as follows:
[Amended 8-10-1983 by Ord. No. 1983:456; 4-9-2014 by Ord. No.
2014:1160; 1-2-2018 by Ord. No. 2017:1235; 7-24-2019 by Ord. No. 2019:1255]
(1)
Employees who commenced employment prior to the effective
date of this subsection shall be entitled to the following vacation
leave:
(a)
During
the first year of employment, employees will receive 0.833 paid vacation
days for each full month worked; however, no new employee shall be
entitled to use any vacation time prior to six months of continuous
employment with the Borough.
(b)
After
one year of continuous employment by the Borough: 10 days.
(c)
After
five years of continuous employment by the Borough: 15 days.
(d)
After
10 years of continuous employment by the Borough: 20 days.
(e)
Employees hired prior to June 1, 2017, will be eligible after 15 years of continuous employment by the Borough to 25 days. Employees hired on or after June 1, 2017, but prior to the effective date of this subsection will receive a maximum vacation benefit of 20 days after 10 years of continuous employment by the Borough, as set forth in Subsection A(1)(d) above.
(2)
Employees commencing employment on or after the effective
date of this subsection shall be entitled to the following vacation
leave:
(a)
During
the first year of employment, employees will receive 0.833 paid vacation
days for each full month worked; however, no new employee shall be
entitled to use any vacation time prior to six months of continuous
employment with the Borough.
(b)
After
one year of continuous employment by the Borough: 10 days.
(c)
After
five years of continuous employment by the Borough: 15 days.
B.
All vacations must be scheduled by the department
head and approved by the Borough Administrator. It is his or her responsibility
to schedule individual vacations so that activities of the Borough
will be carried on with minimum interruption and inconvenience. Vacation
leave shall be taken in increments of a work day unless a shorter
increment of time is approved in advance by the department head and
Borough Administrator.
[Amended 7-24-2019 by Ord. No. 2019:1255]
C.
Temporary employees and school crossing guards are not eligible for vacation benefits. Part-time employees will receive vacation benefits as provided in Subsection A of this section on a pro-rata basis as more fully set forth in the Borough’s Personnel Manual.
[Amended 8-10-1983 by Ord. No. 1983:456; 1-2-2018 by Ord. No.
2017:1235]
D.
This Subsection D does not apply to employees hired on or after January 1, 2009. Employees hired before January 1, 2009, will accrue two extra days paid vacation for each completed year of their employment up through 15 years of such employment and three extra days for each completed year in excess of 15 years, up to a lifetime maximum of 90 total accrued vacation days during their employment with the Borough. The ninety-day cap shall become effective January 1, 2020. Such accrued vacation will be granted only upon the employee's voluntary separation of employment with the Borough. No employee who has been discharged from the employ of the Borough of Closter shall be eligible for any of the benefits as described in this Subsection D.
[Amended 2-25-2009 by Ord. No. 2009:1026; 7-8-2009 by Ord. No.
2009:1046; 11-9-2009 by Ord. No. 2009:1058; 7-24-2019 by Ord. No. 2019:1255]
E.
Except as specified in Subsection D, and unless specifically authorized by the Mayor and Council in advance, extra compensation and monetary compensation will not be allowed in lieu of unused vacation as it is desired that each employee take advantage of the authorized annual vacation period for health, rest, relaxation and pleasure.
[Amended 7-24-2019 by Ord. No. 2019:1255]
G.
Computation of time of employment for purposes of
earning vacation leave under this section shall be from the employee's
date of hire.
[Added 8-10-83 by Ord. No. 1983:456; amended 7-24-2019 by Ord. No. 2019:1255]
H.
At the discretion of the Borough Administrator and in exceptional circumstances, with the approval of the Mayor and Council, vacation leave, with compensation, may be granted to a non-probationary employee, notwithstanding any requirements of this Chapter 48. Said granted vacation time shall be charged against the employee's subsequent year's vacation leave.
[Added 8-10-1983 by Ord. No. 1983:456; amended 7-24-2019 by Ord. No. 2019:1255]
I.
Notwithstanding
the above provisions, contract employees shall receive vacation benefits
in accordance with the terms of the applicable contract.
[Added 7-8-2009 by Ord. No. 2009:1046]
[Amended 10-12-1977 by Ord. No. 1977:317; 5-10-1978 by Ord. No. 1978:338; 8-10-1983 by Ord. No. 1983:456; 2-26-1986 by Ord. No. 1986:522; 1-3-1994 by Ord. No. 1993:663; 11-9-2009 by Ord. No. 2009:1058; 4-9-2014 by Ord. No. 2014:1160; 7-24-2019 by Ord. No. 2019:1255]
A.
Effective upon adoption of this section, sick leave
shall be granted to all employees in accordance with the New Jersey
Earned Sick Leave Law, P.L. 2018, c. 10[1] (the "Law"), and subject to the other terms and conditions
set forth in the Law and the Borough's policy, except that covered
employees shall be entitled to accrue and carry over sick leave upon
the following terms which are more favorable than those set forth
in the Law.
[1]
Editor's Note: See N.J.S.A. 34:11D-1 et seq.
B.
Employees who commenced employment prior to the effective
date of this section shall, during the first year of employment, accrue
one hour of paid sick time for every twenty hours worked, up to a
maximum of 84 hours (12 days) of earned sick leave during the first
benefit year. After the first year of employment, said employees shall
accrue one hour of paid sick time for every 16 hours worked during
each benefit year, up to a maximum of 105 hours (15 days) of earned
sick leave per benefit year. Employees commencing employment on or
after the effective date of this section shall accrue one hour of
paid sick time for every 16 hours worked during each benefit year,
up to a maximum of 70 hours (10 days) of earned sick leave per benefit
year. In order to qualify for sick leave of three consecutive days
or more, the absence of an employee must be properly certified by
a medical professional, hospital or as set forth in the Borough's
Personnel Policy.
C.
Sick leave may only be used for the purposes set forth
in the Law. Employees may carry over accrued but unused earned sick
leave benefits, except that the Borough, in its sole discretion, may
choose in the final month of a benefit year whether to offer an employee
a payout of unused sick leave time at the employee's then-prevailing
hourly base rate of pay, or permit the employee to carry over the
unused time to the next benefit year. Existing employees who commenced
employment prior to the effective date of this section shall not be
permitted to accrue more than a total of 1,260 hours (180 days) in
earned sick leave during their employment with the Borough. Employees
commencing employment on or after the effective date of this section
shall not be permitted to accrue more than a total of 420 hours (60
days) in earned sick leave during their employment with the Borough.
The Borough's complete earned sick leave policy is set forth in the
Borough's Personnel Policies Manual.
D.
All
absences due to illness or disability shall be reported to his or
her department head or the Borough Administrator as per the Borough's
Personnel Policy.
E.
This
section shall apply prospectively and shall not reduce any sick leave
that has accrued prior to adoption of the section. For existing employees
who commenced employment prior to the effective date of this section,
unused sick leave that has accrued in the employee's sick bank shall
be compensated as follows:
(1)
Except as limited by Subsection E(2) below, upon an employee's normal retirement or upon a disability retirement, the employee shall be compensated for accumulated sick leave by receiving 50% of such accumulated sick leave days, not to exceed the total of 90 days, multiplied by an amount computed on a daily rate basis with reference to annual salary at the time of retirement.
F.
An
employee commencing employment on or after the effective date of this
section shall not be entitled to payment for unused earned sick leave
that accrues after the effective date of this section upon the employee's
separation from employment with the Borough, whether through termination,
resignation, retirement or other reason.
G.
When
a full-time Borough employee is injured in the line of duty, the Borough
Council may, pursuant to N.J.S.A. 40A:9-7, pass a resolution giving
the employee up to one year's leave of absence with pay. The total
benefits received as salary or for loss therefor by such employee,
other than privately paid insurance plans, shall not exceed such employee's
regular salary.
[Added 10-26-1994 by Ord. No. 1994:688; amended 4-9-2014 by Ord. No. 2014:1160]
A.
The Borough will endeavor to bring employees with
temporary disabilities back on the job as soon as possible and may
assign transitional and/or light duty to employees who temporarily
cannot perform the essential functions of their positions because
of injury or illness. Transitional duty and/or light duty is not guaranteed
and will not exceed 45 workdays unless extended by the Mayor and Council
upon the recommendation of the Borough Administrator.
B.
An employee requesting transitional and/or light duty
or the Workers Compensation Physician shall notify the Borough Administrator
as soon as the temporarily disabled employee is able to return to
work with restrictions. Transitional and/or light duty will only be
assigned if the employee will probably be able to perform the essential
functions of the position after the transitional and/or light duty
period. The Borough Administrator will consult with the department
head to determine if there is any meaningful work that can be performed
consistent with the restrictions. Transitional and/or light duty assignments
may be in any department and not just the employee's normal department.
The Borough Administrator will decide if it is in the best interest
of the Borough to approve a transitional and/or light duty request
and will notify the employee of the decision. The Borough reserves
the right to terminate the transitional and/or light duty assignment
at any time without cause.
C.
Employees may not refuse transitional and/or light
duty assignments that are recommended by the Workers Compensation
Physician. In such cases, failure to report to work as directed shall
constitute immediate grounds for dismissal. If the employee believes
that the transitional and/or light duty assignment is beyond the employee's
abilities, the employee may request a meeting with the Borough Administrator
who will render a written response within 24 hours.
D.
Employees on transitional and/or light duty will receive
their regular salaries and are prohibited from engaging in any outside
employment of any kind unless they receive prior written approval
from the Borough Administrator. If transitional and/or light duty
is approved, the employee or Workers Compensation Physician must keep
the Borough Administrator informed of the medical progress. (Employees
assigned to transitional and/or light duty will be allotted time off
to attend medical or physical therapy appointments but must request
leave time for any other reason.) If at the end of the transitional
and/or light duty period the employee is not able to return to work
without restrictions, the Borough reserves the right, at its sole
discretion, to extend the transitional and/or light duty or place
the employee back on workers' compensation or disability. This policy
does not affect an employee's rights under the Americans with Disabilities
Act,[1] the Family and Medical Leave Act,[2] the Fair Labor Standards Act,[3] the contagious or life-threatening illnesses policy or
other federal or state law.
A.
Family leave. Family leave shall be granted to eligible
employees as provided under the New Jersey Family Leave Act[1] and/or federal Family and Medical Leave Act,[2] as applicable. The Borough's complete family and medical
leave policies are set forth in the Borough's Personnel Policies Manual.
[Amended 7-24-2019 by Ord. No. 2019:1255]
B.
Military. Any full-time employee who is a member of
the National Guard or reserve components of the military or naval
service of the United States and is required to perform active duty
for training periods shall be granted a leave of absence with pay
for the period of such training. The amount of such paid leave, unless
the employee elects to use his or her annual vacation leave, shall
be the difference between the employee's salary for the leave period
and the amount of money received from the state or federal government
for such service. When an employee has been called to active duty
or inducted into the military or naval forces of the United States,
he or she shall automatically be granted an indefinite leave of absence
without pay for the duration of such active service. However, in order
that the employee may be reinstated without loss of privileges or
seniority, he or she must report for duty with the Borough within
60 days following his or her honorable discharge from the military
service, or within the applicable time period set forth in the Uniformed
Services Employment and Reemployment Rights Act,[3] whichever is greater.
[Amended 7-24-2019 by Ord. No. 2019:1255]
[3]
Editor's Note: See 38 U.S.C. § 4301 et seq.
C.
Service in court. A full-time employee who is subpoenaed
as a witness in a civil or criminal case, not involving him or her
in his or her capacity as a Borough employee, may be granted unpaid
leave for the period of time in which he or she is required to appear
in court or testify in such capacity. An employee who is called and
serves on a jury may be granted paid leave for the period of time
in which he or she is officially involved with the court in such capacity.
[Amended 7-24-2019 by Ord. No. 2019:1255]
D.
Death in immediate family. Each full-time employee
may be granted, upon approval of said employee's department head,
time off with pay, not to exceed three days, in the event of a death
in his or her immediate family. However, upon recommendation of the
department head, a reasonable extension time beyond three days may
be allowed where circumstances justify such action. For purposes of
this subsection, the term "immediate family" means the employee's
father and mother, spouse or civil union partner or domestic partner,
brother and sister, son and daughter, and mother-in-law and father-in-law.
[Amended 2-25-2009 by Ord. No. 2009:1026; 7-24-2019 by Ord. No. 2019:1255]
E.
Training. Full-time employees may be granted skill
or professional improvement leave with or without pay for specific
courses of study relating to the work of the Borough in which he or
she is employed or leave to attend conferences of professional and
similar associations. Such leave may be granted upon recommendation
of the employee's department head and approval by the Borough Administrator
and the Mayor and Council.
F.
A leave of absence without pay may be requested by
an employee of the Borough by submitting the reasons for the requested
leave, in writing, to the department head. Such requests will require
the approval of the Mayor and Council. No leave of absence shall be
given under this subsection if the employee has unused vacation time
to his or her credit, nor shall any benefits accrue to the credit
of the employee during the period of said leave.
[Amended 7-24-2019 by Ord. No. 2019:1255]
G.
Domestic
violence leave.
[Added 4-9-2014 by Ord.
No. 2014:1160]
(1)
The
New Jersey Security and Financial Entitlement Act,[4] also known as the "NJ SAFE Act," provides protection for
employees and their family members who have been the victims of domestic
violence or sexual assault. Employees are entitled to 20 days of unpaid
protected leave from work to:
(a)
Seek medical attention for physical or psychological injuries;
(b)
Obtain services from a victim services organization, pursue psychological
or other counseling;
(c)
Participate in safety planning for temporary or permanent relocation;
(d)
Seek legal assistance to ensure health and safety of the employee
or the employee's relative; or
(e)
Attend, participate in, or prepare for a criminal or civil court
proceeding relating to an incident of domestic or sexual violence.
[4]
Editor's Note: See N.J.S.A. 34:11C-1 et seq.
(2)
To
be eligible for the leave, an employee must meet the following criteria:
(a)
The employee or his/her child, parent, spouse or domestic partner
must be a victim of domestic violence or a sexually violent offense;
(b)
The employee must have worked for the employer for at least 12 months
and for at least 1,000 hours during the twelve-month period immediately
preceding the requested leave; and
(c)
The twenty-day leave must be taken within one year of the qualifying
event.
(3)
Employees
may take leave on an intermittent basis, but such leave cannot be
shorter than one full day. To the extent the leave is foreseeable,
employees must provide advance notice. In addition, employees seeking
leave must provide proof that they qualify for the leave. Such proof
may include a restraining order, letter from a prosecutor, proof of
conviction, medical documentation or a certification from an agency
or professional involved in assisting the employee.
(4)
In
certain circumstances, the basis for the leave may also qualify under
the federal Family and Medical Leave Act[5] and/or the New Jersey Family Leave Act.[6] If so, the Borough will treat the leave concurrently with
the leave under those statutes. Employees may be required to use accrued
paid vacation leave, personal time or sick leave concurrently.
(5)
The
Borough shall protect the privacy of employees who seek leave by holding
the request for leave, the leave itself or the failure to return to
work in the strictest confidence.
(6)
The
Borough shall not discharge, retaliate, harass or discriminate against,
or threaten any such actions against, any employee exercising his/her
right to take the leave provided by this policy.
[Amended 7-24-2019 by Ord. No. 2019:1255]
B.
All wages for full-time and part-time employees and
officials on an annual salary basis shall be paid twice monthly. Salary
and wages shall be paid by one check. Only nonsalary items, such as
clothing allowance, gas stipend, insurance refunds, etc., shall be
paid by separate check. Outside employment positions for the Borough
shall be paid by one separate check.
[Amended 2-25-2009 by Ord. No. 2009:1026; 7-24-2019 by Ord. No. 2019:1255]
C.
Salaries for department heads and their deputies and
all positions other than secretarial, clerical and Department of Public
Works' employees are fixed according to annual rates and not based
on a fixed number of hours of work per week and shall not be adjusted
with variation in the work schedule.
D.
The rates of pay for different classes of positions
which are prescribed in the Salary Ordinance shall be changed only
by the Mayor and Council by amendment to the Salary Ordinance.[2] Such changes shall be made annually to become effective
on the first day of each year and shall be retroactive to that day.
[2]
Editor's Note: The Salary Ordinance is on
file in the office of the Borough Clerk.
E.
For full-time employees hired on or after January
1, 2009, this benefit is capped after four years. For full-time employees
hired before January 1, 2009, there shall be paid to each such full-time
employee of the Borough a longevity pay of 1% of each such employee's
current year's base salary for each three years of completed service
to the Borough. After completion of the first three-year period of
service, the employee shall in addition receive as longevity pay 1/3
of 1% of the current year's base salary for each additional year of
completed service. Payments under this section shall be made at the
time of regular salary payments. Computation of time of employment,
for purposes of this section, shall be from January 1 of the initial
year of employment.
[Amended 5-10-1978 by Ord. No. 1978:333; 2-25-2009 by Ord. No. 2009:1026; 7-8-2009 by Ord. No.
2009:1046; 7-24-2019 by Ord. No. 2019:1255]
F.
For those
hired on or after January 1, 2013, there shall be no longevity payments.
[Added 4-9-2014 by Ord.
No. 2014:1160]
G.
As of January
1, 2014, all full-time and non-probationary part-time employees of
the Borough shall receive their paychecks via direct bank deposit.
[Added 4-9-2014 by Ord.
No. 2014:1160; amended 7-24-2019 by Ord. No. 2019:1255]
A.
Any employee who wishes to resign from the Borough
service shall give his or her office or department head at least two
weeks' prior written notice of his or her resignation, unless the
Borough Administrator requires a longer notice period or agrees to
a shorter notice period. Any employee so resigning shall not take
his or her earned annual vacation time during said two-week notice
period.
[Amended 7-24-2019 by Ord. No. 2019:1255]
B.
Any employee failing to give at least two weeks' notice
shall forfeit his or her accrued vacation time or any type of compensation
in lieu of vacation.[1]
C.
Any employee who does not submit his or her resignation
in compliance with the provisions in this section or who is absent
from work for a period of three or more days without notifying his
or her office or department head of the reasons for his or her absence
and of his or her intention to return to work may be considered as
having resigned without notice.
[Amended 7-24-2019 by Ord. No. 2019:1255]
D.
Any employee who fails to return to his or her duties
within three days after the expiration date of an authorized leave
period without notifying his or her office or department head shall
be considered as having resigned without notice, provided that the
failure to give notice was not caused by unavoidable circumstances.
E.
A doctor’s
note is required for any and all sick time taken after an employee
submits his or her resignation.
[Added 2-25-2009 by Ord. No. 2009:1026]
A.
All Borough employees enrolled in the Public Employees'
Retirement System of New Jersey are subject to the requirements and
provisions of the plan.
B.
All information regarding the retirement plan may
be obtained from the office of the certifying agent of the Public
Employees' Retirement System of New Jersey.
A.
When a department head has reasonable grounds to believe
that an employee is not conforming to Borough policies and rules or
to specific instructions given him or her, the department head should
first privately discuss the matter with such employee. The department
head should, if possible, then obtain assurance that there will not
be a repetition of the incident.
B.
If the matter is not serious and the department head
is satisfied, the matter may be dropped.
C.
Should the department head consider such conduct sufficiently
violative of the aforesaid policies, rules or instructions to warrant
further consideration by the Borough Administrator, the employee should
be so advised and a meeting of those interested arranged at the earliest
possible date. All facts should be presented at this meeting, which
should, if possible, be conclusive. A written report of the meeting
and of the action taken should be placed in the employee's personnel
history file.
D.
In the event that it appears desirable to do so, the
matter may be referred by the Borough Administrator to the Mayor and
Council for review and/or such action as is warranted by the facts.
E.
Disciplinary actions against employees may include
the following:
(1)
Informal private verbal reproof by the department
head.
(2)
Written memorandum of censure from the department
head or his or her superior.
(3)
Letter of admonition from the Borough Administrator
or as directed by the Mayor and Council.
(4)
Suspension from duty without pay, not to exceed five
working days.
(5)
Transfer or demotion of employee.
(6)
Termination of employment with the Borough.
[Amended 7-24-2019 by Ord. No. 2019:1255]
F.
Suspension from duty of any employee may be ordered by the Mayor and Council for any of the reasons as specified in Subsection J hereinafter. If and when such summary action is considered necessary, suspension may also be ordered by the Borough Administrator until the Mayor and Council are able to take action thereon. If the Mayor and Council do not concur with the action of the Borough Administrator, such employee shall have restored to him or her any pay and privileges withheld by the action of the Borough Administrator.
G.
A fair and complete investigation of the case will
be made in no more than 30 days by the Borough Administrator to accumulate
all of the facts and to interview the interested parties. If requested
by the suspended employee, a hearing will be held and a written record
of such hearing will be made. After the conclusion of the investigation
and hearing, if one is held, the finding and recommendations, supported
by all available data, will be reported to the Mayor and Council.
[Amended 2-25-2009 by Ord. No. 2009:1026]
H.
Documents reflecting the disciplinary action taken
and any factual findings supporting disciplinary action will be placed
in the employee's personnel file.
[Amended 7-24-2019 by Ord. No. 2019:1255]
I.
Any employee may appeal a disciplinary action, except
suspension from duty, by means of the procedure set forth for handling
grievances.
J.
An employee may be suspended, demoted or otherwise
disciplined for cause. Among the causes sufficient for such action
shall be:
(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.
(3)
Incompetency or inefficiency.
[Amended 7-24-2019 by Ord. No. 2019:1255]
(4)
Insubordination.
(5)
Serious breach of discipline.
(6)
Intoxication while on duty.
(7)
Commission of a criminal act.
(8)
Participating in any political activity prohibited
by this article.
(9)
Disobedience of departmental rules and regulations.
(10)
Conduct unbecoming a public employee.
[Amended 7-24-2019 by Ord. No. 2019:1255]
A.
It is the policy of the Borough of Closter 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 or her associates and department head and to the public.
B.
Whenever a Borough employee has a grievance, he or
she shall follow the multistep grievance procedure described more
fully in the Borough's Personnel Policies Manual.
The following procedure shall be followed with
respect to necessary expenses for conventions, seminars and business
or travel of employees of the Borough while on Borough business or
attending job improvement training:
A.
No employee shall incur any expense on behalf of the
Borough for conventions, seminars and business or travel expenses
without first receiving the prior written approval of the Borough
Administrator.
[Amended 2-25-2009 by Ord. No. 2009:1026]
B.
Upon returning from any convention, seminar or business
trip, the employee shall make a full oral report and, if required
by the department head, a written report thereof to the appropriate
board or department or the Mayor and Council.
C.
All employees shall submit an itemized voucher for
all expenses incurred on any duly authorized trip to a convention,
seminar or on any other valid Borough business and shall thereupon
be reimbursed.
D.
In the event that an employee's personal vehicle
is used for the conduct of Borough business, the employee may be eligible
for mileage reimbursement through the regular expense voucher process
at the New Jersey state rate in effect at that time.
[Added 8-10-1983 by Ord. No. 1983:456; amended 2-25-2009 by Ord. No. 2009:1026; 4-9-2014 by Ord. No. 2014:1160; 7-24-2019 by Ord. No. 2019:1255]
Day-to-day inquiries with respect to the provisions
of this article shall be directed to the Borough Administrator for
response.
[Adopted 9-13-1978 by Ord. No. 1978:338
(Art. II of Ch. 65 of the 1967 Code)]
[Amended 8-14-1996 by Ord. No. 1996:723]
A.
Equal opportunity employment. It shall be the policy
of this Borough that equal opportunity of employment and advancement
in employment shall be based on merit and ability to perform without
regard to race, color, national origin, nationality, ancestry, creed/religion,
disability, sex, gender identity or expression, affectional or sexual
orientation, age, marital/domestic partnership/civil union status,
military service, genetic information, or any other trait or characteristic
protected by law. No arbitrary, unreasonable or artificial barrier
shall impede the employment or promotion of any person for any position.
[Amended 7-24-2019 by Ord. No. 2019:1255]
B.
D.
Drug-free work environment; smoking.
(1)
It is the policy of the Borough to maintain a drug-free
workplace in accordance with the Omnibus Transportation Employee Testing
Act of 1991. The Borough will not tolerate the use of alcohol, intoxicants
or illegal drugs at work. An employee found in possession of illegal
drugs, using illegal drugs and/or alcohol at work or under the influence
of illegal drugs and/or alcohol at work may be subject to immediate
termination, The Borough may require an employee to submit to a drug
test if it has reason to suspect alcohol or drug use on the job. The
Borough may require an employee who is addicted to alcohol or illegal
drugs to attend a drug or alcohol rehabilitation program as a condition
of continued employment. Failure to stay in such a program shall serve
as immediate grounds for termination of employment.
(2)
Smoking is not permitted anywhere in the Municipal
Building or in any Borough-owned vehicle or equipment, and is permitted
outside of municipal and Borough-owned buildings on municipal property
only in such locations designated by the Borough.
[Amended 4-9-2014 by Ord.
No. 2014:1160; 7-24-2019 by Ord. No. 2019:1255]
E.
Whistle-Blower Policy. No employee shall be subject
to discipline or retaliation for having complained or reported, in
good faith, about any activity, policy or practice that the employee
reasonably believes is in violation of a law, rule or regulation promulgated
pursuant to law. This policy shall adhere to and be administered in
accordance with the New Jersey "Whistle-Blower's Law," i.e., the New
Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1 et
seq.
[Amended 7-24-2019 by Ord. No. 2019:1255]
F.
Catastrophic Illness Policy.
[Amended 2-25-2009 by Ord. No. 2009:1026]
(1)
The Borough is committed to providing and maintaining
a healthy and safe work environment which allows all employees to
perform their jobs in a safe and productive manner. The Borough respects
the dignity and worth of every employee through its Equal Opportunity
Employment statement, which explains its policy and practice with
respect to prohibiting discrimination in every phase of employment.
(2)
The Borough provides support for individual employees
who may be facing the trauma of a life-threatening or catastrophic
illness. The purpose of this policy is to support the physical and
emotional health of all employees and demonstrate the Borough's continued
commitment to its affirmative action goals related to physically and
mentally disabled employees.
[Amended 7-24-2019 by Ord. No. 2019:1255]
(3)
Employees with such conditions who are otherwise qualified
and able to safely perform the essential functions of the job, with
or without reasonable accommodations, are assured equal employment
opportunities and reasonable accommodation in their employment, provided
that the condition is known to the Borough and the accommodation does
not impose an undue hardship upon the Borough. This has been and continues
to be the policy of the Borough.
[Amended 7-24-2019 by Ord. No. 2019:1255]
(4)
If an employee is able to work, he or she is expected
to be productive. If the individual cannot work, then he or she may
be eligible for health and disability benefits.
(5)
Consistent with the concern for employees with life-threatening
illnesses, the Borough offers the following range of resources available
through the Personnel Manager:
(a)
Employee education and information on terminal
illnesses and specific life-threatening illnesses.
(b)
Referral, to agencies and organizations which
offer supportive services for life-threatening illnesses.
(c)
Provide consultation in assisting employees
in efficiently managing health, leave and other benefits.
G.
Workforce Reduction/Layoff Policy. Employment may
be terminated as a result of reduction in force. Terminations through
reductions in force will be determined on recommendation of the Council
Committee in charge of each department affected and final approval
of the governing body.
H.
Notification of job openings. Every effort is made
to hire the best qualified people for municipal employment. Job openings
for full-time and part-time employees shall be posted on the bulletin
board of the Municipal Building and are advertised in local newspapers.
Preference is given to hiring and promoting employees from within
the Borough workforce. All applicants for positions of municipal employment
are required to fill out a job application form.
[Amended 7-24-2019 by Ord. No. 2019:1255]
I.
Job description. As far as possible every job shall
have a job description. Such descriptions should include the following:
the name or title of the job or position; a description of the duties
to be performed; hours and work schedule; date on which appointment
is effective; name or title of the person to whom the appointee reports;
starting wage and salary; and requirements for the position in terms
of education, training and experience.[4]
[4]
Editor's Note: Former Subsection J, Amendments and ratification,
which immediately followed this subsection, was repealed 7-24-2019 by Ord. No. 2019:1255. This ordinance also redesignated former Subsection K as
Subsection J.
J.
Disclaimer. Nothing contained in this section shall
be interpreted to mean that employees will only be terminated for
just cause or that a particular job shall remain available. This section
is a guide not a bargain for contract, and any employee should be
aware that it can be changed at any time without notice.
[Amended 7-24-2019 by Ord. No. 2019:1255]
Criteria for employment and promotion may be established requiring
a minimum educational or job experience attainment for certain jobs
or positions.
A.
Marital status or condition of pregnancy shall not
be cause to deny employment or promotion or to discharge from employment.
A pregnant employee who desires a leave of absence and then a return
to work shall be afforded the employment protections provided under
the New Jersey Family Leave Act[1] and/or federal Family and Medical Leave Act,[2] as applicable.
[Amended 7-24-2019 by Ord. No. 2019:1255]
B.
The arrest record of an employee or applicant shall
not be a bar to employment or continued employment to the extent set
forth in New Jersey's Opportunity to Compete Act.[3] Conviction of an applicant or employee may be a bar to
employment or continued employment.
[Amended 7-24-2019 by Ord. No. 2019:1255]
[3]
Editor's Note: See N.J.S.A. 34:6B-11 et seq.
C.
Physical requirements that relate to the position
or job may be adopted, but such requirements shall not be applied
to the requirement of any position or job to which they do not relate.[4]
[4]
Editor's Note: Former § 48-22, Equality in employment
opportunities required, as amended 2-25-2009 by Ord. No. 2009:1026, which immediately followed this subsection, was repealed 7-24-2019 by Ord. No. 2019:1255. This ordinance also renumbered former § 48-23, Compliance with affirmative action policy; administration, as § 48-22.
A.
To comply with the requirements of the several laws
concerning affirmative action in connection with federal and state
grants, the administration of an equal employment opportunity program
shall be directed by the Borough Administrator.
B.
The Borough Administrator shall have the responsibility
and authority to assure that no discrimination concerning the provisions
of any federal or state act shall occur in any program undertaken
by the Borough of Closter and funded in any manner by the United States
or the State of New Jersey or any political subdivision thereof.
C.
The Administrator shall require, when necessary under
the terms of this article or of any pertinent law or regulation or
executive order, the filing of an affirmative action program by the
Borough or by any contractor or subcontractor doing any work for which
governmental funds are received.
[Added 7-24-2019 by Ord. No. 2019:1255]
This Chapter 48 shall not apply to employees who are covered by a separate contractual agreement and/or rules and regulations, where and to the extent that same are inconsistent with this chapter.
