[1976 Code § 19-1]
[Ord. No. 621 Preamble; Ord. No. 1431 XXXVI]
Under N.J.S.A. 59:10 et seq., indemnification is provided for defense costs and judgment rendered against a State employee for actions while in the scope of employment.
Under N.J.S.A. 59:10-4, local entities are empowered to indemnify local public employees and officials consistent with the provisions of this Act.
The Governing Body deems it in the best interest of the City to indemnify municipal employees consistent with this Act.
[1976 Code § 19-1.1; Ord. No. 621 §§ 2, 3]
The City shall indemnify municipal employees and officials for all claims, including defense costs, if the employee establishes that the act or omission upon which the claim and judgment was based occurred within the scope of his/her employment as an employee and/or official of the City and the City fails to establish that he/she acted or failed to act because of actual fraud, actual malice or willful misconduct.
This section shall be liberally construed.
Editor's Note: Prior ordinances codified herein include portions of 1976 Code §§ 19-3 - 19-9; Ord. Nos. 592, 608, 612, 713, 730, 977, 1039, 1067, 1093 and 1135.
[Ord. No. 1165 §§ 1, 2; Ord. No. 1431 § XXXVII]
Salary Range. The salary range set forth and specified in the schedule are hereby adopted as and for each and every class of position mentioned in said schedule and are to become effective as of the effective date of the section. The Mayor shall provide a Table of Organization for all full-time City employees. The purpose of said Table of Organization would be to memorialize the number of full time employee positions available.
Editor's Note: The salary ordinance referred to herein may be found on file in the office of the City Clerk as part of Ordinance No. 1165.
Effect of Adoption of Salary Schedule on Present Pay. Notwithstanding any provision in the schedule set forth in paragraph a to the contrary, the adoption of this section shall not operate so as to decrease the present pay of any officer or employee.
Editor's Note: The salary ordinance referred to herein may be found on file in the office of the City Clerk as part of Ordinance No. 1165.
[Ord. No. 1165 § 3; Ord. No. 1431 § XXXVIII]
The City of Sea Isle City, Cape May County, State of New Jersey, by decision of the Mayor, reserves the right to pay to any new employee any amount within the range given in the salary schedule which would affect said employee in accordance with any existing contract. The form "Request for Personnel Action" must be submitted to the Chief Financial Officer before any new hire is made. All applicants considered for employment shall conform to the existing union contracts and the Department of Personnel. The Sea Isle City Chief Financial Officer shall provide to the Mayor a monthly report containing a list of those employees who have been promoted or whose salaries have been increased or decreased or any new employee hired during the period of the preceding month. Also, included in the report shall be information with respect to bonuses not covered by this section, payments in lieu of vacation, additional schooling not covered by union contract, excluding seasonal personnel. Further the Mayor shall be notified monthly by the Chief Financial Officer of any addition of any medical benefits or other benefits given to part time employees. If no charges have occurred in a given month no report shall be necessary, however, in the next subsequent report this lack of changes shall be disclosed.
[Ord. No. 1165 § 4; Ord. No. 1431 § XXXIX]
The Mayor shall have the responsibility and power to decide the amount of money that each employee will receive in each department within the range given in the schedule set forth in the salary schedule not to exceed the maximum range in the given year, subject only to the actions of the Governing Body in approving the budget.
[Ord. No. 1165 § 5, 6; Ord. No. 1431 § XL]
The Mayor may authorize the payment of overtime at time and a half for employees and officers of the City of Sea Isle City who are required to carry out necessary duties for, and on behalf of, the City. Overtime shall be at the rate of 1 1/2 times the rate of payment that the officer or employee receives for his/her regular work period.
In the event that any officer or employee of the City of Sea Isle City is determined not to be eligible for overtime pay, but nevertheless works overtime as required and said work is necessary and in the public interest and is in excess of his/her normal work week, the Mayor may, pay a sum of money equivalent to the overtime work.
[Ord. No. 1165 § 7]
The provision for all overtime payments shall be conditioned on whether there are available funds in the budget for said payments.
[Ord. No. 1165 § 8]
Notwithstanding any provisions in the salary schedule to the contrary, additional compensation shall be paid to all full time employees eligible to receive same on their respective appropriate anniversary dates, in accordance with the table contained below. All new employees hired on January 1, 1993 and thereafter are not entitled to longevity.
[Ord. No. 1165 § 9; Ord. No. 1431 § XLI]
The Governing Body recognizes certain abnormal conditions whereby an emergency may exist in the Police Department wherein a shortage of personnel caused by accrued vacations, court and other legal appearances coupled with an inability to obtain additional suitable personnel to handle increased numbers of transients and vacationers, has occurred in the past and are likely to recur in the future, wherein the safety of the public would be endangered or imperiled. In such event, arrangements may be made to pay overtime to those personnel entitled thereto in compliance with applicable State Statutes and rules and regulations. The budget appropriation for such salaries and wages is believed adequate to handle such a situation and no emergency appropriation will be required.
[1976 Code § 19-3.3; Ord. No. 730 § 12]
As to those employees represented by PBA Local 59 and Civil Service Council 19, in the event of a conflict between the provisions of this section and those set forth in the negotiated agreements between the City and PBA Local 59 and Civil Service Council 19, the provisions as contained within those negotiated agreements shall be controlling.
[1976 § 19-9.1; Ord. No. 592 § 9; Ord. No. 608 § 9; Ord. No. 612 § 9; Ord. No. 713 § 9; Ord. No. 730 § 9; Ord. No. 1135 § 10; Ord. No. 1165 § 10]
Sick leave shall be accumulated at the rate of 15 days per year. Seasonal or temporary employees are not entitled to any sick leave or benefits.
In the event that a full time employee is incapacitated and unable to work because of a job-related injury, then he/she shall be entitled to injury leave up to one year with full pay during the period in which he/she is unable to perform his/her duties, provided that his/her incapacitation is certified by both the employee's doctor and the City's doctor. In that event, the employee shall assign and turn over to the City forthwith any compensatory monies received by that employee while he/she is being paid by the City.
If any employee retires with 20 years of service or attains the age of 55, whichever comes first, without using his/her accumulative sick leave, he/she shall be compensated in an amount equal to 50% of such sick leave to be calculated at his/her regular "straight time" rate of pay, commencing at the time of retirement, but not to exceed $15,000.
While an employee is using his accumulated sick leave, prior to retirement, he/she will not be entitled to additional sick leave, holidays or vacation days for that period of time, nor shall be/she be entitled to any increase in his/her annual salary. These monies shall be paid every two weeks.
[1976 Code § 19-15]
The employees of the City having established themselves into a group in accordance with the provisions of Section 40A:9-13 of N.J.S.A., for the purpose of obtaining the advantages of a group plan of life insurance, a group plan of health and accident insurance, a group plan for hospital service and a group plan for medical and surgical insurance, or for one or more of them, for themselves and their husbands and wives and dependent children under 19 years of age, the payment of the premium on such group policy or policies is hereby authorized to be paid by the City, as and for additional compensation to such employees pursuant to the laws of the State.
[1976 Code § 19-9.2; Ord. No. 608 § 11; Ord. No. 612 § 11; Ord. No. 713 § 11; Ord. No. 730 § 11; Ord. No. 1093; Ord. No. 1135 § 11; Ord. No. 1165 § 11; Ord. No. 1431 § XLII]
The City of Sea Isle City shall continue to pay premiums for Blue Cross, Blue Shield and life insurance (or for equivalent insurance programs) covering employees and spouse who retire from City employment after 25 years of service with the foregoing to be terminated at the time of death of the retiree and the spouse or until the spouse remarries or cohabitates in accordance with the provisions of N.J.S.A. 40A 10-23. In the event that an employee retires with more than 15 years of service to the City, but less than 25 years, then the Governing Body may, at their discretion, authorize the Chief Financial Officer, by resolution, to pay hospitalization premiums (Blue Cross/Blue Shield) for coverage through the City's group plan with the retired employee paying the premium in full as provided for in N.J.S.A. 40A: 10-22 and 40A: 10-23.
[Ord. No. 1093 § 16; Ord. No. 1135 § 15; Ord. No. 1165 § 15]
Employees have the following benefits: Blue Cross/Blue Shield, Rider J Major Medical and Dental with the institution of all cost containment features as prescribed by Blue Cross/Blue Shield including but not limited to second surgical opinions, ambulator surgery and pre-admission testing. In addition, the employees agree to the Blue Cross/Blue Shield $2/$4 dual co-payment prescription program. The City will also supply each employee with the eyeglass plan now in effect for the other employees.
The employees are subject to an increase in the deductible for each medical plan, with the City setting up a reserve fund to cover the added deductible over the original deductible, if the City can save on insurance cost provided there is no additional initial cost to the employee.
The City shall continue to pay premiums as prescribed above for the employee and spouse when he or she retires from the City after 25 years of service with the foregoing to be terminated upon the death of the employee and the spouse or until spouse remarries or cohabitates.
The employee also agrees to change to any supplemental plans available and tie benefits into medicare and medicaid as a cost savings to the City but not a change in benefits to the employee. It is agreed that the benefits are Blue Cross/Blue Shield (UCR), Rider J, Major Medical, Dental and Prescription and that the City will continue to provide this or an equal plan.
The City shall provide legal representation to an employee if litigation shall develop as a result of actions arising out of and in the course of employment, except that no representation shall be provided for defense of a criminal, disorderly person, intentional or discriminatory actions on the part of an employee, by resolution of the Board of Commissioners.
If an employee retires due to a job-related permanent illness, sickness or injury, the City shall continue in full force and effect all benefits under this article.
Employees retiring prior to 25 years of service may continue with the City insurance programs as per the C.O.B.R.A. laws.
[1976 Code § 19-10]
The following classes of positions, duties of which are set forth as part of this section by reference to the three separate and distinct schedules prepared by the State Civil Service Commission, are hereby created.
[1976 Code § 19-11]
Schedule 1 shall contain a list of employees in the City with their dates of original and present appointment, salary and title; and their proposed status, title and divisional classification.
[1976 Code § 19-12]
Class specifications in alphabetical order including definitions, examples of work, educational and experience requirements and knowledge and abilities. (See exhibits 13 to 52 inclusive on file with the City Clerk.)
[Ord. No. 1093 § 13; Ord. No. 1135 § 12; Ord. No. 1165 § 12]
After completion of three years of employment, an employee may request a leave of absence without pay or benefits.
Leaves of absence, without pay or benefits, may be granted by the department head for good cause for up to one year.
A ten-year employee may request an additional one year of sick leave for a serious illness after using all accumulated sick and vacation time. This to be repaid upon employees return and prior to their retirement or termination of employment. This additional year may only be requested one time during their employment.
Military leave, without pay or benefits, may be granted for the period of time in which an employee is actually a member of any branch of the United States Armed Forces.
Military leave with pay and benefits, may be granted for that period of time in which an employee is on active duty as a member of the National Guard or Armed Forces Reserve.
[Ord. No. 1093 § 14; Ord. No. 1135 § 13; Ord. No. 1165 § 13; Ord. No. 1431 § XLIII]
Employees shall receive all holidays celebrated by the City in accordance with the Holiday Resolution.
Any special holiday observed by the City through proclamation of the Mayor shall be given the employee as a matter of right.
Personal days will be given to full-time employees not covered by contract at the rate of any current union contract.
[Ord. No. 1093 § 15; Ord. No. 1135 § 14; Ord. No. 1165 § 14]
Every full time employee shall receive vacation in accordance with the following schedule:
One day each month and for every month of the employee's first year.
After one year and up to five years completed, 12 days.
After five years and up to 10 years completed, 15 days.
After 10 years and up to 20 years completed, 20 days.
After 20 years - 25 days.
If employee terminates his employment, vacation time will be prorated to the month of time earned.
Whenever an employee dies having to his credit any annual vacation leave, there shall be calculated and paid to the employee's estate a sum of money equal to the compensation calculated at the employee's salary rate at the time of the employee's death.
No accumulation of vacation time is permitted. Vacation time must be used in the year earned. Appointing authorities may establish procedures for the scheduling of vacation leave. Vacation leave not used in the calendar year because of business necessity shall be used during the next succeeding year only, with the department head's approval, and shall be scheduled to avoid loss of leave.
If an employee becomes sufficiently ill so as to require inpatient hospitalization while he/she is on vacation, he may change such period of illness and post hospital recuperation against sick leave at his/her option.
For all City employees, vacations shall be selected according to seniority.
Employees May Split Vacations. If an employee desires to split his/her vacations, his/her first choice shall be only on the basis of seniority.
Employees may request summer vacation if scheduling permits, but the final decision is up to the department head in charge of the department.
[Ord. No. 1135 § 17; Ord. No. 1165 § 17]
Pursuant to NJAC 4A:4-2.11(b) (Merit System Rule) all police officer candidates taking the open competitive examinations must be residents of the City of Sea Isle City and shall maintain continuous residency in the City up to and including the date of appointment to the Police Department.
Residency requirements have been established with the New Jersey Department of Personnel for the application of any and all classified titles for the City of Sea Isle City.
Editor's Note: Former Section 9-11, Early Retirement Eligibility, previously codified herein and containing portions of Ordinance Nos. 1202 and 1209, was repealed in its entirety by Ordinance No. 1431.
[Ord. No. 1419 § I]
Applicants for full time, part time and seasonal employees, and volunteers that perform any services or engage in any activity with individuals under the age of 18, shall complete an "Authorization" for release of information from schools, previous employers, selective service boards, courts, motor vehicle agencies and probation departments that would be pertinent to determining eligibility for employment and volunteer status.
Any employee or volunteer may be disqualified from serving in such capacity if convicted in New Jersey of any of the following crimes or disorderly persons offense:
Involving danger to person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq., and N.J.S.A. 2C:15-1.
Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq.
Involving theft as set forth in N.J.S.A. 2C20-1 et seq.
Involving any controlled dangerous substance or controlled substance analog as set forth in N.J.S.A. 2C.35-1 et seq., except paragraph (4) of subsection a of N.J.S.A. 2C:35-10.
Providing alcoholic beverages to minors.
Sexual offenses, including but not limited to those set forth in N.J.S.A. 2C:24-1 et seq.
Selling firearms or other weapons pursuant to N.J.S.A. 2C:39-9.1.
Lewdness and obscenity toward children pursuant to N.J.S.A. 2C:24-4.
Conduct in any other state or jurisdiction which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in paragraphs 1-8 above.
The following individuals shall be subject to the performance of a background check, as a condition of employment by the City of Sea Isle City:
Recreation Center Director.
Assistant Superintendent of Recreation.
Assistant Recreation Supervisor.
Recreation Maintenance Worker.
All volunteers that perform any services or engage in any activities with individuals under the age of 18.
Applicants who are not hired or given a volunteer assignment based on the results of a background check may file a request for an appeal by writing to the Department of Personnel.