[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]
a.
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.
b.
This section shall be liberally construed.
[1]
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]
a.
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[1] 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.
[1]
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.
b.
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.[2]
[2]
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]
a.
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.
b.
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.
|
Years of Service
|
Percent of Annual Salary
|
|---|---|
|
After completion of 4th year to completion of 8th year
|
2%
|
|
From the beginning of the 9th year to the completion of the
12th year
|
4%
|
|
From the beginning of the 13th year to the completion of the
16th year
|
6%
|
|
From the beginning of the 17th year to the completion of the
21st year
|
8%
|
|
From the beginning of the 22nd year
|
10%
|
[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]
a.
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.
b.
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.
c.
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.
d.
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]
a.
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.
b.
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.
c.
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.
d.
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]
a.
After
completion of three years of employment, an employee may request a
leave of absence without pay or benefits.
b.
Leaves
of absence, without pay or benefits, may be granted by the department
head for good cause for up to one year.
c.
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.
d.
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.
e.
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]
a.
Employees
shall receive all holidays celebrated by the City in accordance with
the Holiday Resolution.
b.
Any
special holiday observed by the City through proclamation of the Mayor
shall be given the employee as a matter of right.
c.
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]
a.
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.
b.
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.
c.
For
all City employees, vacations shall be selected according to seniority.
d.
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.
e.
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.
[1]
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]
a.
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.
b.
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:
1.
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.
2.
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.
3.
Involving theft as set forth in N.J.S.A. 2C20-1 et seq.
4.
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.
5.
Providing alcoholic beverages to minors.
6.
Sexual offenses, including but not limited to those set forth in
N.J.S.A. 2C:24-1 et seq.
7.
Selling firearms or other weapons pursuant to N.J.S.A. 2C:39-9.1.
8.
Lewdness and obscenity toward children pursuant to N.J.S.A. 2C:24-4.
9.
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.
c.
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:
1.
Recreation Aide.
2.
Recreation Leader.
3.
Recreation Center Director.
4.
Assistant Superintendent of Recreation.
5.
Recreation Supervisor.
6.
Assistant Recreation Supervisor.
7.
Recreation Maintenance Worker.
8.
All volunteers that perform any services or engage in any activities
with individuals under the age of 18.
d.
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.
