Editor's Note: The salaries and range portions of the
Salary and Personnel Policy Ordinances are not codified at the direction
of the Borough. See the Municipal Clerk's office for amending ordinances.
The general power of a Borough to establish personnel policies
is derived from N.J.S.A. 40:48-1, subject to limitations contained
in N.J.S.A. 40A:9-1, et seq., Officers and Employees.
[Ord. #69-15; 1970 Code § 3-1.1]
[Ord. #69-15; 1970 Code § 3-1.2]
The Borough Council may by ordinance abolish, increase, decrease
or modify the terms and compensation of any office of the Borough,
except no office may be abolished where such office has been or is
created by general law. Except where an office is abolished, no increase,
decrease or modification of its terms and compensation shall affect
any incumbent holding such office for the duration of the term for
which he was appointed.
[Ord. #69-15; 1970 Code § 3-2.1]
All employees, officers and department heads of the Borough
shall be appointed and promoted by the Mayor, with the advice and
consent of the Council, except as may be otherwise provided by general
law.
[Ord. #69-15; 1970 Code § 3-2.2]
Original appointments to fill vacancies or for new positions
shall be limited to qualified persons who have been interviewed or
tested concerning such factors as education, experience, aptitude,
knowledge, character and physical and mental fitness.
[Ord. #69-15; 1970 Code § 3-2.3]
Provided they are qualified for the positions for which they
have applied, preference shall be given in appointments to vacancies
and new positions, first to employees of the Borough and secondly,
to persons who are residents of the Borough at the time of their appointment.
The Mayor and Council may by ordinance provide that all officers and
employees shall be residents of the Borough.
[Ord. #69-15; 1970 Code § 3-2.4]
Applicants for Borough employment shall apply on forms provided
by the Borough Clerk and which have been designed to obtain pertinent
information concerning the applicant's education, training, experience,
character and other factors necessary to determine his fitness and
qualification for service to the Borough. All applications shall be
filed with the Borough Clerk.
[Ord. #69-15; 1970 Code § 3-2.5]
The Borough Clerk shall be charged with processing all applications
for appointment to vacancies or new positions, and reporting thereon
to the Mayor and Council. Where it appears that an applicant is otherwise
qualified for Borough employment, the Borough Clerk shall require
that the applicant be examined by the Borough Physician to determine
that he is physically fit for the position for which he seeks employment.
[Ord. #69-15; 1970 Code § 3-2.6]
An applicant for Borough Employment may be rejected where he:
a.
Is not qualified for appointment to the position for which he has
applied;
b.
Is physically unfit to perform the duties of the position for which
he has applied;
c.
Is addicted to the habitual or excessive use of drugs or intoxicants;
d.
Has been convicted of any crime or offense, including disorderly
persons offenses involving moral turpitude;
e.
Has received other than an honorable discharge from the Armed Services
of the United States;
f.
Has been dismissed from previous employment for delinquency, insubordination
or misconduct;
g.
Has practiced or attempted to practice any deception or fraud in
his application or in furnishing other evidence of eligibility for
appointment;
h.
Is not within the age limits that have been established for the position
for which he seeks appointment.
[Ord. #69-15; 1970 Code § 3-3.1]
Every person appointed to a new position shall be deemed to
be on probation in the position to which he shall have been appointed
for a period of three months, but such probation shall not affect
permanent status of any other Borough employment that such person
may have achieved. Prior to his completion of the probationary period,
such employee or officer shall be evaluated by the Mayor and Council
to determine whether he shall be granted permanent status or dismissed.
The Mayor and Council may require reports and recommendations from
immediate superiors and department heads for this purpose.
[Ord. #69-15; 1970 Code § 3-3.2]
The Borough Clerk shall initiate a personnel file for each employee
of the Borough, and all records of such employee concerning qualification,
permanent status, work history, accumulated vacation and sick leave,
leave time and the like shall be maintained for such employee in such
file. The Borough Clerk shall make such files available for inspection
by the employee on a reasonable basis.
[Ord. #69-15; 1970 Code § 3-4.1]
The official office hours of the Borough are 9:00 a.m. to 5:00
p.m., prevailing time, Monday through Friday. The hours of work for
employees, including lunch hours, shall be specified by the Borough
Council.
[Ord. #69-15; 1970 Code § 3-4.2; Ord. #92-15, § 5;
Ord. #93-8, § 5; Ord. #94-10, § 5; Ord. #95-10,
§ 5; Ord. No. 2016-8,
retroactive to Jan. 1, 2016; Ord. No. 2017-7 § 5; Ord. No. 2018-8, retroactive to Jan. 1, 2018; 10-24-2019 by Ord. No. 2019-6; 11-12-2020 by Ord. No. 2020-6; 11-30-2021 by Ord. No. 2021-7, retroactive
to 1-1-2021; 8-17-2022 by Ord. No. 2022-2, retroactive to 1-1-2022]
a.
All permanent, full-time employees of the Borough of Moonachie are
entitled to 14 paid holidays annually as follows, except as provided
for by contract, whichever is appropriate. All part-time employees
with fixed, scheduled hours are entitled to any of the listed holidays
that occur on their regularly scheduled day of work.
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New Year's Day - observed Dec. 31, 2021
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Martin Luther King Jr. Day
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General Election Day
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Presidents' Day
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Thanksgiving Day
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Memorial Day
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Independence Day
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Labor Day
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Columbus Day
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Good Friday
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Day after Thanksgiving
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Christmas Eve - observed Dec. 23
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Christmas Day - observed Dec. 26
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New Year's Eve - observed Dec. 30
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b.
Additionally, each such permanent, full-time employee shall have
the right to take four personal days of their choosing with the approval
of the department head, two of which will be charged to sick days.
[Ord. #69-15; Ord. #75-8, § 5; Ord. #80-2, § 6;
Ord. #81-5, § 6; 1970 Code § 3-4.3; Ord. #92-15,
§ 4; Ord. #93-8, § 4; Ord. #94-10, § 4;
Ord. #95-10, § 4; Ord. No. 2016-8 § 4, retroactive to Jan. 1, 2016; Ord. No. 2017-7 § 4, retroactive to Jan.
1, 2017; Ord. No. 2018-8, retroactive
to Jan. 1, 2018; 10-24-2019 by Ord. No. 2019-6; 11-12-2020 by Ord. No. 2020-6; 11-30-2021 by Ord. No. 2021-7, retroactive to 1-1-2021; 8-17-2022 by Ord. No. 2022-2, retroactive to 1-1-2022]
a.
Employees hired before January 1, 2015.
1.
All employees hired prior to January 1, 2015, eligible for vacation
leave with pay shall be entitled to the use of vacation leave as provided
below or as provided by contractual agreement, whichever is appropriate:
(a)
One working day of vacation for each full month of employment
during the first calendar year of employment.
(b)
Twelve working days of vacation commencing the second calendar
year of service through four years of service.
(c)
Fifteen working days of vacation commencing five years of service
through nine years of service.
(d)
Sixteen working days of vacation commencing 10 years of service.
(e)
Seventeen working days of vacation commencing 11 years of service.
(f)
Eighteen working days of vacation commencing 12 years of service.
(g)
Nineteen working days of vacation commencing 13 years of service.
(h)
Twenty working days of vacation commencing 14 years of service.
(i)
Twenty-one working days of vacation commencing 15 years of service.
(j)
Twenty-two working days of vacation commencing 16 years of service.
(k)
Twenty-three working days of vacation commencing 17 years of
service.
(l)
Twenty-four working days of vacation commencing 18 years of
service.
(m)
Twenty-five working days of vacation commencing 19 years of
service.
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Conflicts concerning the choice of dates when scheduling vacations
will be resolved within the work unit on the basis of seniority. Specific
requests for vacation utilization which do not conflict with operational
considerations shall not be unreasonably denied.
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b.
Employees hired on or after January 1, 2015.
1.
All employees hired on or after January 1, 2015, eligible for vacation
leave with pay shall be entitled to the use of vacation leave as provided
below or as provided by contractual agreement, whichever is appropriate:
(a)
One working day of vacation for each full month of employment
during the first calendar year of employment.
(b)
Twelve working days of vacation commencing the second calendar
year of service through four years of service.
(c)
Fifteen working days of vacation commencing five years of service
through nine years of service.
(d)
Sixteen working days of vacation commencing 10 years of service.
(e)
Seventeen working days of vacation commencing 11 years of service.
(f)
Eighteen working days of vacation commencing 12 years of service.
(g)
Nineteen working days of vacation commencing 13 years of service.
(h)
Twenty working days of vacation commencing 14 years of service.
(i)
Twenty-one working days of vacation commencing 15 years of service.
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Conflicts concerning the choice of dates when scheduling vacations
will be resolved within the work unit on the basis of seniority. Specific
requests for vacation utilization which do not conflict with operational
considerations shall not be unreasonably denied.
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c.
Part-time employees.
1.
All part-time employees with fixed, scheduled hours eligible for
vacation leave with pay shall be entitled to the use of vacation leave
as provided below or as provided by contractual agreement, whichever
is appropriate:
(a)
One-half working day of vacation for each full month of employment
during the first calendar year of employment.
(b)
Six working days of vacation commencing the second calendar
year of service through four years of service.
(c)
Eight working days of vacation commencing five years of service
through 10 years of service.
(d)
Nine working days of vacation commencing 11 years of service
through 12 years of service.
(e)
Ten working days of vacation commencing 13 years of service
through 14 years of service.
(f)
Eleven working days of vacation commencing 15 years of service.
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Conflicts concerning the choice of dates when scheduling vacations
will be resolved within the work unit on the basis of seniority. Specific
requests for vacation utilization which do not conflict with operational
considerations shall not be unreasonably denied.
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d.
Schedule of vacation leave.
1.
Vacation leave is credited in advance at the beginning of the calendar
year in anticipation of continued employment for the full year and
may be used on that basis. Vacation allowance must be taken during
the current calendar year at such time as permitted or directed by
the department head unless the department head determines it cannot
be taken because of pressure of work.
2.
Where an employee has an earned vacation balance which has not been
previously scheduled as of October 1, the department head will meet
with the employee to determine a schedule of such lost time so that
no accrued vacation time will be lost.
e.
Upon separation or upon retirement, an employee shall be entitled
to vacation allowance for the current year (prorated upon the number
of months worked in the calendar year) in which separation or retirement
becomes effective and any vacation leave which may have been carried
over, with prior approval, from the preceding calendar year.
f.
Upon the death of an active employee having vacation credits, a sum
of money equal to the compensation figured on his salary rate at the
time of death shall be calculated and paid to his estate.
g.
When the vacation allowance for an employee changes based on his
years of service during any calendar year, the additional annual allowance
will be given for the entire year.
h.
When an employee not otherwise covered by contract provision of a
specific bargaining unit has attained five years of service, but less
than 25 years of service, that person may elect to receive monetary
compensation in exchange for unused vacation days not to exceed five
days from the current year allotment. If an employee with more than
25 years of service has unused vacation time from the current year,
that employee may request to receive compensation for all unused days
from the current year allotment. Any compensation described herein
shall be calculated at the current salary rate. If an employee with
more than 25 years of service has accrued vacation time prior to January
1, 1998, the employee may elect to be reimbursed for those accumulated
vacation days at the 1998 salary rate.
[Ord. #69-15; Ord. #84-12, § 1; 1970 Code § 3-4.4; Ord. No. 2016-8, retroactive to Jan. 1,2016; Ord. No. 2017-7 § 6, retroactive
to Jan. 1, 2017; Ord. #2018-8, retroactive to Jan. 1, 2018; 10-24-2019 by Ord. No.
2019-6; 11-12-2020 by Ord. No. 2020-6; 11-30-2021 by Ord. No. 2021-7, retroactive to 1-1-2021; 8-17-2022 by Ord. No. 2022-2,
retroactive to 1-1-2022]
a.
Sick leave shall accumulate on the basis of 15 days per year for
full-time employees. In the first year of employment, an employee
shall be entitled to 1 1/4 days of sick leave for each month
of employment.
b.
Sick leave may be accumulated under the following conditions:
1.
All accumulated sick days as of 12-31-1997 for noncontractual employees
will be frozen at the rate of pay in effect on 12-31-1997 and will
be subject to the Mayor and Council approval for payment to the employee
on retirement or on termination for any reason.
2.
At year-end, a full-time employee may receive payment for up to 10
unused sick days from that current year's allotment. Payment will
be at the rate of pay in effect for that year.
3.
An employee will be allowed to bank unused sick time from the current
year, but any payout for those days is to be at the salary rate in
effect when the days were banked.
4.
Maximum payout for sick days accumulated after January 1, 1998:
(a)
For retirement or termination prior to five years of continuous
full-time employment with the Borough of Moonachie, the employee will
be reimbursed for up to a maximum of 30 days of accumulated sick time.
(b)
For retirement or termination after five years of continuous
full-time employment with the Borough of Moonachie, the employee will
be reimbursed for up to a maximum of 60 days of accumulated sick time.
c.
Payment required herein and above shall not be made if an employee
is terminated for just cause. The Employer's determination in this
regard shall be final and not subject to challenge.
[Ord. #69-15; 1970 Code § 3-4.5]
a.
When a Borough employee is injured in the line of duty, the Council
may, pursuant to R.S. 40:11-8, pass a resolution giving the employee
up to one year's leave of absence with pay. When such action is taken
the employee shall not be charged any sick leave time for time lost
to such injury.
b.
Prior to the passage of the resolution referred to in paragraph a.,
a contract shall be executed between the employee and the Borough
setting forth that the employee shall reimburse the Borough for monies
he may receive as workmen's compensation, temporary benefits or from
legal settlement or judgment against the person or persons responsible
for the injury.
[Ord. #69-15; 1970 Code § 3-4.6]
Leave with pay not exceeding three days shall be granted to
any employee in the event of death in his immediate family. The term
"immediate family" for the purpose of this subsection shall include:
[Ord. #69-15; 1970 Code § 3-4.7]
Employees shall not accept outside employment or engage in outside
business activities without the prior approval of their department
head or the Borough Council. No application for permission to accept
outside employment shall be granted unless there is reasonable probability
that such outside employment will not interfere with the employee's
performance or compromise his position with the Borough through a
conflict of interest or if, in the case of a full-time employee of
the Borough, such outside employment shall exceed 20 hours per week.
[Ord. #92-15, § 6; Ord. #93-8, § 6; Ord.
#94-10, § 6; Ord. #95-10, § 6; Ord. No. 2016-8, retroactive to Jan. 1,2016; Ord. No. 2017-7 § 7, retroactive
to Jan. 1,2017; Ord. #2018-8, retroactive to Jan. 1,2018; 10-24-2019 by Ord. No.
2019-6; 11-12-2020 by Ord. No. 2020-6; 11-30-2021 by Ord. No. 2021-7, retroactive to 1-1-2021; 8-17-2022 by Ord. No. 2022-2,
retroactive to 1-1-2022]
a.
Terminal leave benefits, if any, shall be determined by the Mayor
and Council, subject to any other conditions and/or required payments
as provided above, on a case-by-case basis based upon a merit review
of the particular employee's work history. If the employee is a member
of a specific bargaining unit, the terminal leave benefits shall be
in accordance with the terms of the present contract with that bargaining
unit.
b.
Terminal payment due to any employee upon death shall be paid to
the estate of said employee.
c.
Payment required herein and above shall not be made if an employee
is terminated for just cause. The employer's determination in this
regard shall be final and not subject to challenge.
d.
Notwithstanding anything in this section to the contrary, each employee
of the Borough of Moonachie shall be entitled to any and all of those
benefits which are required under the rules and/or statutes governing
the Department of Personnel.
[Ord. #69-15; 1970 Code § 3-5.1]
An employee who has acquired permanent status may be disciplined
by any of the following actions, which are stated in order of severity,
for the causes stated in this section by a department head or the
Borough Council, except that no employee shall be suspended or dismissed
without the approval of the Mayor and Council:
[Ord. #69-15; 1970 Code § 3-5.2]
The causes for which disciplinary action may be invoked are
the following:
a.
Neglect of duty.
b.
Absence without leave or failure to report after authorized leave
has expired, or after such leave has been disapproved or revoked;
provided, however, that any regular member or officer of the Police
Department who shall be absent from duty without just cause for a
term of five days continuously and without leave of absence shall,
at the expiration of such five days, cease to be a member of the Police
Department as provided by R.S. 40:47-3, as amended.
c.
Incompetency or inefficiency or incapacity due to mental or physical
disability.
d.
Insubordination or serious breach of discipline.
e.
Intoxication while on duty.
f.
Commission of a criminal act.
g.
Disobedience of a rule or regulation of the Borough.
h.
Conduct unbecoming a public employee.
[Ord. #69-15; 1970 Code § 3-6]
It is hereby declared to be the policy of the Borough to recognize
and encourage meritorious actions on the part of its officers and
employees. To this end, letters of commendation concerning Borough
employees from their superiors and from members of the public with
whom they deal shall be directed to the attention of the Mayor and
Council, and then recorded in the employee's personnel file. In addition,
the Mayor and Council may, of its own motion, commend the work of
particular officers and employees and cause such commendation to be
inserted in their personnel files.
[Ord. #69-15; 1970 Code § 3-7]
Every officer or employee of the Borough who, by virtue of his
office or position, is entrusted with the receipt, custody or expenditure
of public monies or funds, and any other officer or employee who may
be required so to do by the Mayor and Council shall, before entering
upon the duties of his office or position, execute and deliver a surety
bond in such amount as may be fixed by the Mayor and Council, binding
him to the Borough in its corporate name and conditioned upon the
true and faithful performance of his duty. Each officer or employee
required by law to give bond shall execute such bond with sufficient
surety and deliver the same to the Borough Clerk, except that the
Clerk shall deliver his bond to the Borough Treasurer, before he enters
upon the discharge of his duties of the office or employment.
If any officer or employee shall neglect to execute and deliver
his bond within 30 days after notification of his election or appointment,
his office or position may be declared vacant.
In every case in which any person is required by the laws of
the State or any ordinance of the Borough to give a bond for the faithful
performance of his duties, such bond shall be secured by a corporate
surety authorized to do business in this State and the premium therefor
shall be paid by the Borough. Each such bond shall be approved by
the Borough Attorney as to form and sufficiency, and nothing in this
section shall be construed to prevent the use of one or more blanket
bonds when so approved.
[Ord. #69-15; 1970 Code § 3-8.1]
No elected or appointed official, officer or employee of the
Borough shall engage in any business transaction, professional activity,
or have a financial or other private interest, either direct or indirect,
which is in substantial conflict with the proper discharge of his
official duties, unless full disclosure is made as to such interest
in writing to the Mayor and Council.
[Ord. #69-15; 1970 Code § 3-8.2]
No elected or appointed official, officer or employee of the
Borough shall accept employment, engage in any business transaction
or make any investment which will be detrimental to the Borough in
the exercise of his official duties or which will interfere in any
manner with the discharge of his official duties.
[Ord. #69-15; 1970 Code § 3-8.3]
No elected or appointed official, officer or employee of the
Borough shall represent any private interests to the detriment of
the Borough or for the purpose of unwarranted personal gain before
any Borough agency or department, or the Municipal Court, or in any
litigation to which the Borough is a party.
[Ord. #69-15; 1970 Code § 3-8.4]
In the event that any elected or appointed official, or the
Borough Clerk, Borough Treasurer, Borough Attorney, Borough Engineer,
the Mayor or any Councilman has a direct or indirect financial interest
in any proposed legislation, he shall publicly disclose on the official
records of the Borough the nature and extent of such interest.
[Ord. #69-15; 1970 Code § 3-8.5]
No elected or appointed official, officer or employee of the
Borough shall improperly use his official position in order to obtain
a personal discount or other benefit from any person.
[Ord. #86-3, § 1]
It is the intent and purpose of this section to provide for
the certain defense of actions against and the indemnification of
public employees as may be permitted by N.J.S.A. 59:10-1, et seq.
[Ord. #86-3, § 2]
As used in this section:
Shall mean and include an officer, employee or servant whether
or not compensated or part-time, who is authorized to perform any
act or service; provided, however, that term shall specifically exclude
any independent contractor, but is intended to include any professional
staff of the Borough who, for purposes of this section, shall not
be regarded as independent contractors.
Shall mean any employee or former employee of the Borough
who shall have been employed as an employee defined above.
[Ord. #86-3, § 3]
The Borough shall provide for the defense of any action brought
against a public employee an account of any act or omission in the
scope of that employee's employment, and this obligation shall extend
to any cross-actions, counterclaims or cross-complaint against any
such employee.
[Ord. #86-3, § 4]
The provisions provided herein shall not apply when the Mayor
and Council of the Borough determine that any of the following shall
have occurred:
a.
The act or omission was not within the scope of the employee's employment;
or
b.
The act or failure to act was because of actual fraud, malice or
willful misconduct in office; or
c.
The defense of the action or proceeding would create a clear conflict
of interest between the Borough and the public employee; or
d.
The defense of the action or proceeding is provided for by an insurance
policy or by policies, whether obtained by the Borough or by any other
person; or
e.
The public employee failed to deliver to the Mayor and Council of
the Borough, the Borough Attorney or Borough Clerk, or any one of
those, within 15 calendar days after the time he shall have been served
with any summons, complaints, process, notice, demand or pleading,
the original or a copy of the same; or
f.
The public employee has failed to cooperate with the Municipality
in the defense of this action.
[Ord. #86-3, § 5]
The defense shall be at the option of the Municipality. The
Borough may provide any defense required of it under this section
through an attorney from its own staff or by employing other counsel
at the option of the Mayor and Council of the Borough.
[Ord. #86-3, § 6]
Whenever the Borough shall provide any defense provided hereunder,
the Mayor, through counsel appointed by the Borough, shall assume
exclusive control over the representation of the public employee,
and such employee shall cooperate fully with the defense. Where it
is impracticable to so do, the attorney representing the insurance
company on behalf of the Borough or such other appointed person shall
assume exclusive control.
[Ord. #86-3, § 7]
In any case where the Borough shall be required to provide a
defense under the terms of this section, the Borough shall pay or
reimburse the public employee for any of the following:
a.
Any bona fide settlement agreement entered into by the employee when
approved by Mayor and Council of the Borough;
b.
Any judgment entered against the employee; and
c.
If Mayor and Council have failed to provide such required defense,
all costs of defending the action including reasonable counsel fees
and expenses, together with costs of any appeal.
Where the Borough would be required under the terms and conditions
hereunder to provide any defense, except for the fact that such defense
is provided for by insurance, the Borough shall provide indemnification
as aforesaid, but only to the extent not already covered by insurance.
Nothing in this section shall either permit or authorize the
Borough to pay any punitive or exemplary damage or damages resulting
from the commission relating to any crime.
[Ord. #156-B; 1970 Code § 3-9.1]
At the general election held in November 1953, there was submitted
to the voters of the Borough the question of whether or not the Borough
should adopt the provisions of the Civil Service Act of the State
of New Jersey, and adoption thereof was approved and authorized by
a majority of the voters of the Borough at this election. Thereafter,
the Civil Service Commission of the State of New Jersey made a survey
covering the duties, salaries and respective departments of all Borough
officers and employees. Following this survey the Civil Service Commission
submitted to the Mayor and Council three separate and distinct schedules
as follows:
a.
Schedule 1. A complete list of the employees of the Borough, giving
a suggested title for each employee, the salary of the same, and the
department to which such employee is assigned.
b.
Schedule 2. A duties classification of employees, setting forth suggested
titles to be used for employees of the Borough, their respective duties,
typical tasks, minimum qualifications for the purpose of examination,
and suggested salary schedules.
c.
Schedule 3. Recommended rules for the installation and administration
of Civil Service procedures in and for the Borough.
[Ord. #156-B; 1970 Code § 3-9.2]
The schedules referred to in subsection 5-10.1, which were recommended to the Borough for adoption by the Civil Service Commission of the State of New Jersey, consisting of the following, are hereby made a part of this section in their entirety, the same as though specifically set forth herein:
a.
Schedule 1. A schedule of catalogued lists of present employees of
the Borough, together with the title of each such employee, the salary
paid, and the date of election or appointment.
b.
Schedule 2. A schedule of all positions in the Borough, containing
under such positions the duties, typical tasks, minimum qualifications,
probable line of promotion and salary range for each such position.
This schedule is hereby adopted as the Official Civil Service classification
of positions and employees in and for the Borough.
c.
Schedule 3. Recommended rules for the installation and administration
of Civil Service procedures in and for the Borough.
