[G.O. No. 903, § 1; G.O. No. 1227, § II;
G.O. No. 1323, § I]
For the purposes of this division, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The following:
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Town Administrator
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Town Engineer
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Chief of Police
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Fire Chief
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Town Attorney
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Any individual person appointed to a paid position authorized
in the current Town operating budget and paid through the Town payroll
or a person who is on leave of absence without pay according to the
State Statutes, provisions of the Town code or rules promulgated thereunder
and whose position is held for him pending his return.
For the purposes of this division, the immediate family is
defined as follows: father, mother, sister, brother, husband, wife,
child, current father-in-law or current mother-in-law.
Statutory position means a position established and required
by New Jersey Statutes as follows:
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Town Clerk
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Town Treasurer
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Tax Collector
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Court Clerk and Violations Clerk
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Municipal Magistrate
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Tax Assessor
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Construction Official
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[G.O. No. 903, § 2; G.O. No. 1323, § II]
The following regulations shall apply to all full time employees
of the Town whether paid on an annual salary or on an hourly basis.
If any of these regulations are in conflict with or inconsistent with
the terms of any labor agreement between any employee or group of
employees and the Town of Westfield, the terms of such labor contract
shall govern and control. Part time or seasonal employees shall not
be entitled to any benefits stipulated herein. All leaves provided
for in these regulations are not to be regarded as privileges to be
exacted at the convenience or determination of the employee without
regard to the policy of responsible departmental authorities or the
work demands of the department and are to be taken with the approval
of the department head and so far as possible on such schedule and
at such times as will best insure the continuation of the regular
departmental activities. For all employees vacation time shall not
be cumulative and must be taken within the current year or shall be
considered as forfeited.
[G.O. No. 903, § 3; G.O. No. 945, § 1;
G.O. No. 1028, §§ 1 to 4; G.O. No. 1052, §§ 1,
2; G.O. No. 1078, § 1; G.O. No. 1095, § 3; G.O.
No. 1168, § 1; G.O. No. 1290, § 1; G.O. No. 1323,
§ III]
All full time municipal employees in graded job titles under Section 2-12.28 of the Code of the Town of Westfield, shall be granted annual vacation leave with pay as follows:
(a)
Up to five working days' vacation will be granted to employees during
the first calendar year in which employed by the Town. One day of
vacation will be allowed for each two full calendar months of service
in such year up to the maximum of five days.
(b)
Up to 10 working days' vacation will be granted to all employees
during each year from the second through the fifth calendar year in
which continually employed by the Town. In the second such calendar
year, and in each successive year, five working days' vacation will
be granted, plus one additional day of vacation for each two full
calendar months of service in the previous year of service, up to
a maximum of five additional vacation days and a total of 10 days.
(c)
Fifteen working days' vacation shall be allowed all employees who
have completed five years of continuous service before July 1.
(d)
Eighteen working days' vacation shall be allowed all employees who
have completed 10 years of continuous service before July 1.
(e)
Twenty working days' vacation shall be allowed all employees who
have completed 15 years of continuous service before July 1.
(f)
Twenty-three working days' vacation shall be allowed all employees
who have completed 20 years of continuous service before July 1.
(g)
Twenty-five working days' vacation shall be allowed all employees
who have completed 25 years of continuous service before July 1.
(h)
The following department heads shall receive an additional five working
days' vacation in excess of the scheduled list above:
Town Administrator
Town Engineer
Chief of Police
Fire Chief
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For all employees, vacation time shall not be cumulative and
must be taken within the current year or shall be considered as forfeited.
The estate of a deceased employee shall be paid a sum equivalent to
the employees daily rate of pay multiplied by the number of vacation
days accrued for that year and not used by such employee at his date
of death.
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[G.O. No. 903, § 4; G.O. No. 1323, § IV]
For the purpose of these regulations sick leave is hereby defined
to mean the absence from duty of an employee because of illness or
injury. A certificate of a physician in attendance upon any employee
or from the department physician may be required as proof of need
for leave of absence of the employee. In all cases, the Town reserves
the right to send a doctor or visiting nurse to report on the condition
of the patient.
Sick leave shall not be allowed for ordinary dental care or
for normal eye care, as such professional services are readily available
outside of normal working hours.
An employee who is certified as absent on account of disability
or accident caused in the course of his employment shall not have
such absence charged against his sick leave.
Nothing in the foregoing shall be construed to be in conflict
with any more restrictive statute now in effect limiting the period
during which employees may be compensated for leave on account of
disability or illness and such more restrictive statute shall be controlling.
[G.O. No. 903, § 5; G.O. No. 1028, § 5;
G.O. No. 1136, § 1; G.O. No. 1323, § V]
Every full-time employee whether paid on an annual salary basis
or an hourly basis shall be granted, in addition to annual vacation
with pay, one working day of sick leave with pay for each month from
the date of his or her regular employment or appointment to the succeeding
December 31st, and 15 working days of sick leave with pay for each
calendar year thereafter. If any employee requires none or a portion
only of his allowed sick leave for any calendar year, the amount of
such sick leave not taken shall accumulate to his credit for a period
of six years only, to a maximum of 90 days, and he shall be entitled
to use such accumulated sick leave with pay, if, and when needed.
[G.O. No. 903, § 6; G.O. No. 1052, § 3;
G.O. No. 1136, § 2; G.O. No. 1323, § VI]
(a)
Where any employee has become disabled and is incapacitated from
performing his duties through injury or illness as a result of, or
arising from, his employment by the Town, is evidenced by a certificate
of a physician approved or appointed by the Town, he shall be granted
a disability leave of absence, with full pay, until the termination
of such disability or until he shall be become eligible for payments
under wage continuation insurance, which ever shall first occur, but
in any event such period of disability leave shall be limited to 90
calendar days. If the employee desires to remain on the regular Town
payroll after the expiration of the ninety-day period, vacation may
be first utilized, and after the exhaustion of vacation leave, sick
leave may be utilized.
During the period in which the full salary or wages of an employee
on disability leave is paid by the Town, any weekly compensation payments
under the Town's compensation policy made to or received by or on
behalf of such employee shall be assigned to the Town by the insurance
carrier.
(b)
Whenever any employee has become disabled and is permanently incapacitated
from performing his duties, it shall be mandatory that such employee
promptly make application for appropriate disability retirement and
pension, without waiting expiration of any disability leave to which
he might otherwise be entitled.
[G.O. No. 903, § 8; G.O. No. 1052, § 4;
G.O. No. 1323, § VII]
Leave of absence without pay may be granted by the department
head with the approval of the Town Administrator for a period not
exceeding three months, which period may be renewed for a total not
exceeding one year, to any permanent employee whether paid on a full
time annual basis or an hourly basis. The Town Council may extend
a leave of absence without pay beyond one year for a three-month period
which may be renewed, but the total of any leave of absence shall
not exceed a second year.
Leave of absence without pay may be granted for:
(a)
Temporary physical or mental incapacitation;
(b)
For any reason deemed appropriate by the Town Administrator.
Leaves of absence without pay for persons in the active military
service are governed by Title 38 of the New Jersey Statutes and such
statutes as amended from time to time shall govern the actions of
the Town of Westfield and the employee in such cases.
Leave of absence will not be granted to employees as a matter
of convenience or temporary advantage. Any employee requesting leave
of absence without pay shall submit such request in writing to the
Town Administrator through the department head, stating the reasons
he or she desires such leave of absence when he or she desires it
to begin and the probable date of return to duty. Leaves of absence
without pay shall become effective only after approval by the Town
Administrator or Town Council, as appropriate.
Any employee not returning to such employment within five business
days after the expiration date of any authorized leave of absence
or within 90 calendar days of his release from active military service
shall also be deemed to have resigned not in good standing.
[G.O. No. 903, § 9]
An employee who is subpoenaed as a witness in a civil or criminal
case not involved in his capacity as a Town employee or an employee
who is called and serves on a jury may be granted paid leave for that
time he is officially involved with the court in such capacity.
[G.O. No. 903, § 10; G.O. No. 1323, § VIII]
Upon proper application to his department head, an employee
who is a member of the organized reserve of the Army of the United
States, United States Naval Reserve, United States Air Force Reserve,
United States Marine Corps Reserve or the National Guard shall be
entitled to a leave of absence from his respective duty without loss
of pay or time on all days on which he shall be engaged in field training.
Such leave of absence shall be in addition to the regular vacation
allowed such employees.
[G.O. No. 903, § 7; G.O. No. 1323, § IX]
Bereavement leave with pay will be granted at the time of the
death of a member of an employee's immediate family as defined herein
up to a maximum of four days between the death and the burial.
[G.O. No. 903, § 11]
Overtime shall be kept to a minimum and shall be only at the
direction of the department's supervisor. Attendance at meetings required
in the performance of duties will not be considered overtime.
[G.O. No. 903, § 12; G.O. No. 1078, § 2;
G.O. No. 1095, § 4; G.O. No. 1163, § 1; G.O. No.
1191, § 1; G.O. No. 1399, § I; G.O. No. 1434,
§ I]
(a)
Holidays shall be those listed below:
New Year's Day.
Martin Luther King's Birthday.
Lincoln's Birthday.
Washington's Birthday.
Good Friday.
Memorial Day.
Independence Day.
Labor Day.
Columbus Day.
Veteran's Day.
Thanksgiving Day.
Friday after Thanksgiving Day.
Christmas.
(b)
When an official holiday falls on Sunday, the Town offices and other
operations will be closed on the following Monday in observance of
this occasion, and when the official holiday falls on Saturday, the
Town offices and other operations will be closed on the preceding
Friday.
(c)
Civilian Police-Fire Dispatchers shall not be entitled to holidays,
and shall be paid in lieu of holidays, and in addition to their annual
salaries, for 13 holidays at their regular daily rate of compensation.
[G.O. No. 903, § 13; G.O. No. 1227, § III]
Subject to the rules and regulations of the police and Fire
Departments, and except as otherwise provided by law, the following
disciplinary proceedings against employees for just cause shall apply:
(a)
Department heads. All action by Town Council.
(b)
All other employees:
(1)
Verbal reproof by supervisor.
(2)
Written censure by department head.
(3)
Suspension from duty without pay by department head with approval
of Town Administrator and consent of Mayor.
(4)
Demotion by department head with approval of Town Administrator
and consent of Mayor.
(5)
Separation by department head with approval of Town Administrator
and consent of Mayor.
[G.O. No. 903, § 14; G.O. No. 939, § 1;
G.O. No. 1077, § 2; G.O. No. 1095, § 5; G.O. No.
1108, § 1; G.O. No. 1323, § X; G.O. No. 1380,
§ II]
(a)
Unless a department or certain positions within a department are
regularly assigned a greater or lesser number of working hours per
week, the normal hours of employment for full time Town employees
shall be 8:30 a.m. to 4:30 p.m. daily, except Saturdays and Sundays
and legal holidays, and 7:00 p.m. to 9:00 p.m. on the first Tuesday
of each month when a regular meeting of the Town Council is held;
except as follows:
(1)
For public works foremen and hourly employees, the normal working
hours shall be 7:30 a.m. to 4:00 p.m. on Mondays through Fridays.
(2)
For janitorial and building maintenance employees, the normal
working hours shall be eight hours per day and 40 hours per week,
with such duty tours as shall be determined by the Town Engineer.
(3)
For members of the police and Fire Departments, the normal working
hours shall be those designated by contract or ordinance, with such
duty tours as shall be determined by the respective heads of the departments.
(4)
For Civilian Police-Fire Dispatchers, the normal working hours
shall be eight hours per day and 40 hours per week, with such duty
tours as shall be determined by the Chief of Police and Fire Chief
for the dispatchers subject to their respective control.
(5)
The department head, with the concurrence of the Town Administrator
may assign different hours for commencing and terminating the work
day if the department work schedule so dictates.
(b)
It is the responsibility of each employee to notify his supervisor
before commencement of a duty shift if he will not report for work
at the appointed time.
[G.O. No. 903, § 15]
Every employee is expected and will be required to be in attendance
and at work during the regular hours prescribed for the departments
and the municipality. Every employee is expected and will be required
to be in attendance during such hours as prescribed for his employment.
Violations of working schedule as prescribed and leaves of absence
without prior authorization will be subject to disciplinary action.
The department head shall maintain records showing the attendance,
time worked, leaves for any reason, etc., of all employees.
[G.O. No. 903, § 16]
All new positions will be established by resolution or ordinance
of the Town Council provided adequate funds are available in the current
budget.
[G.O. No. 903, § 17; G.O. No. 1323, § XI]
(a)
Vacancies. Employees and former employees who resigned in good standing
may apply and receive due consideration for any vacancy. Vacancies
not filled by employees or former employees as defined above will
be advertised by the department head in order that individuals from
outside the work force may file an application. If necessary, additional
employment recruiting activity may be followed.
(b)
Selection. Applicants will be interviewed by the department heads
or supervisor having the vacancy who will select a candidate subject
to the approval of the Town Administrator and concurrence of the Mayor.
(c)
Medical examination. Each applicant must be examined by a medical
doctor who will inform the department head whether the applicant is
medically acceptable as an employee in general and for the work of
the particular position.
The medical examination will be at the Town's expense.
(d)
Probationary period. All employees are on probation for the first
six months. If employment is unsatisfactory during this period his
services will be terminated.
(e)
Separation — Resignation. Employees who resign shall tender
their resignation in writing to their department head at least 10
working days prior to the effective date of the resignation in order
to resign in good standing.
An employee who fails to return to his employment within five
business days after the expiration of an authorized leave of absence
or within 90 calendar days after release from active military service
shall be deemed to have resigned his position not in good standing.
(f)
Dismissal. Employees' services may be terminated for cause if considered
necessary as a disciplinary action.
(g)
Separation for ill health. Employees unable to carry out their duties
because of ill health may be separated if deemed necessary by the
department head with the approval of the Town Administrator and consent
of the Mayor.
[G.O. No. 903, § 18]
All Town employees enrolled in the Public Employee's Retirement
System of New Jersey or the Consolidated Police and Firemen's Pension
Fund or the Police and Firemen's Retirement System of New Jersey,
are subject to the requirements and provisions of those plans. The
employees' contribution to the plan is deducted from the salary paid
to such full time employee and remitted to the state as prescribed
by law.
The Town contribution for such employees is determined by and
subsequently remitted to the state in accordance with the provisions
of the law.
Town employees having completed the regular number of years
of service and having attained a specified age may apply for retirement
as provided for by the plan.
[G.O. No. 903, § 19]
In the event the above provisions conflict with the established
rules and regulations governing the police and Fire Departments, the
rules and regulations of those departments will apply.
[G.O. No. 994, § 5]
(a)
Financial or personal interest. No official, officer, employee or
appointee in his own behalf or on behalf of any other person shall
have any financial or personal interest in any business or transaction
with any public body within the municipality.
(b)
Disclosure and disqualification. Whenever the performance of his
official duties shall require any official, officer, employee or appointee
to deliberate and vote on any matter involving his financial or personal
interest, he shall publicly disclose such fact and disqualify himself
from participating in the deliberations as well as the voting. In
such case, his refraining from voting shall not be recorded as voting
in the affirmative or negative.
[G.O. No. 1009, §§ 1, 2; G.O. No. 1052, § 5;
G.O. No. 1068, § 1; G.O. No. 1203, § 1; G.O. No.
1280, § 1; G.O. No. 1335, § 1; G.O. No. 1452,
§ I; G.O. No. 1546, § I; G.O. No. 1573, § I]
(a)
Full-time paid employees of the Town shall be paid, in addition to
their annual salary or wage, a longevity payment. Such longevity pay
shall be considered as additional compensation based on the length
of service of such employees according to the following schedule:
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Years of Service
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Longevity Percentage
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Completion of 5 years
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1
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Completion of 10 years
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3
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Completion of 15 years
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5
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Completion of 20 years
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7
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Completion of 25 years
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9
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(b)
Such longevity compensation shall be computed on the annual base
salary or wages of each employee. When computing the years of service
of each employee, credit shall be given for all time served consecutively
as a full-time paid employee of the Town and for such other county
or municipal employment as may have heretofore been credited to such
employee under any law of the state then in effect. All periods of
service shall be computed from the actual anniversary date of initial
employment.
(c)
Officers and employees of the Town whose offices and positions are
established in the grade classification schedule of Section 12-12.28
shall have such longevity compensation included in their regular salary.
(d)
Except for employees covered by collective bargaining agreements
which provide for longevity payments as a contractual obligation of
the Town of Westfield, longevity payments as set forth above shall
not apply to employees of the Town of Westfield otherwise eligible
who shall have been employed by the Town of Westfield subsequent to
January 1, 1991.
