[HISTORY: Adopted by the Township Committee
of the Township of Deerfield as indicted in article histories. Amendments
noted where applicable.]
[Adopted 2-15-1984 by Ord. No. 1984-1 as Ch. 18 of the 1984
Code.]
As used in this article, the following terms
shall have the meanings indicated:
Includes any officer or employee, whether or not compensated
or part-time, who is authorized to perform any act or service for
the Township of Deerfield; provided, however, that the term shall
specifically exclude any independent contractor.
A present or former municipal appointed official, elected
official or member of the various boards, agencies and commissions
of the Township of Deerfield.
Subject to the limitations set forth in the
subsequent sections of this article, whenever any civil action has
been or shall be brought against any employee or officer holding or
formerly holding any office, position or employment with the Township
of Deerfield, for any action or omission arising out of or in the
course of the performance of the duties of such office, position or
employment, the Township shall defray all costs of defending such
action, including reasonable counsel fees and expenses, together with
costs of appeal, if any, and shall save harmless and protect such
persons from any financial loss resulting from the litigation. The
Township Solicitor, or another attorney selected by the Township Committee,
shall represent the employee or officer.
The Township shall not defray the costs of defending
any criminal action against any employee or official as may be authorized
by state statute or other municipal ordinance or resolution of the
Township of Deerfield, and, in those circumstances, the responsibility
for defraying the costs of defending such employee or official shall
be applicable only when such criminal proceedings shall have been
dismissed or result in a final disposition in favor of the employee.
However, should the Township Committee determine that there is good
cause to dismiss the employee or official arising out of the incident
or related incidents of the criminal prosecutions, the Township will
not reimburse the employee or official for legal defense and costs
of defending the suit, even though criminal proceedings against the
employee or official may be dismissed or the employee or official
found not guilty.
A.Â
The obligation of the Township of Deerfield to defend
and indemnify its employees or officials for acts or omissions arising
out of or in the course of the performance of the duties of that person
shall be limited to those circumstances under which the Township itself
would be liable for the acts of its employees under the doctrine of
respondent superior, except that the Township shall defend any such
official or employee sued under the Federal Civil Rights Act, provided
that the Township Committee shall not have concluded that such act
or omission was outside the scope of the responsibilities of said
official or employee.
B.Â
Furthermore, the Township shall not defend and save
harmless any employee or official committing an intentional or willful
act or willful omission arising out of or in the course of the performance
of the duties of such office, position or employment.
C.Â
The Township shall not be responsible for the defense
or indemnification of any official or employee of the Township when
the Township Committee has determined that:
(1)Â
The act or omission was not within the scope of employment.
(2)Â
The act or failure to act was because of actual fraud,
willful misconduct or actual malice.
(3)Â
The defense of the action or proceeding would create
a conflict of interest between the Township and the public employee.
(4)Â
The defense of the action or proceeding is provided
for by an insurance policy or policies, whether obtained by the Township
or by any other person.
(5)Â
The public employee failed to deliver to the Township
Clerk, within 10 calendar days after the time he is served with any
summons, complaint, process, notice, demand or pleading, the original
or a copy of the same.
(6)Â
The public employee has failed to cooperate fully
with the defense.
Whenever the Township provides any defense required
of it under this article, the Township, through counsel, may assume
exclusive control over the representation of the public employee,
and such employee or official shall cooperate fully with the defense.
The defense shall be at the option of the Township.
The Township of Deerfield may provide any defense required of it under
this article through the Township Solicitor or by employing other
counsel at the option of the Township Committee.
Nothing in this article shall authorize the
Township to pay for punitive or exemplary damages or damages resulting
from the commission of a crime.
[Adopted 8-21-1996 by Ord. No. 1996-6 (Ch. 16 of the 1894
Code)]
There is hereby created the following permanent,
full-time positions in the Township of Deerfield:
A.Â
Administrative Secretary: to assist the Administrator
of the Township, including the performance of secretarial duties,
and to function as Deputy Municipal Clerk, Assistant Tax Collector,
Deputy Dog Registrar and Alternate Deputy Registrar of Vital Statistics.
B.Â
Secretary: to serve as secretary for the municipality,
to assist the Township Administrator and to function as Deputy Municipal
Clerk, Deputy Court Administrator, Assistant Tax Collector, Deputy
Registrar of Vital Statistics and Deputy Dog Registrar.
C.Â
Maintenance man: to provide general maintenance work
to the municipal buildings and grounds in the Township of Deerfield.
The persons appointed to the permanent full-time
positions above set forth shall serve a probationary period of six
months upon initial appointment to each position. During such probationary
period, each employee shall be evaluated at least twice by the department
head or Township Committeeperson assigned to oversee the department
in which such employee is employed. The department head or Committeeperson
overseeing such position shall advise the employee of the results
of such evaluation and counsel the employee to improve his or her
performance during the probationary period. Upon completion of the
probationary period, the Township Committee shall review the performance
evaluations of the employee appointed to such position and determine
whether to make the appointment permanent.
Once permanently appointed to the position aforesaid,
the person so appointed shall serve as a full-time permanent employee
of the Township during good behavior. No further appointment shall
be required by the Township Committee, and suspension or termination
from such position shall only be made for cause by the Township Committee.
A.Â
A permanent employee may be subject to discipline
for the following:
(1)Â
Incompetency, inefficiency or failure to perform duties.
(2)Â
Insubordination.
(3)Â
Inability to perform duties.
(4)Â
Chronic or excessive absenteeism or lateness.
(5)Â
Conviction of a crime.
(6)Â
Conduct unbecoming a public employee.
(7)Â
Neglect of duty.
(8)Â
Misuse of public property, including motor vehicles.
(9)Â
Discrimination that affects equal employment opportunity,
including sexual harassment.
(10)Â
Violation of federal regulations concerning drug and
alcohol use by and testing of employees who perform functions related
to the operation of commercial motor vehicles and state and local
policies issued thereunder.
(11)Â
Other sufficient cause.
A.Â
Before discipline may be imposed upon a permanent
employee, the department head or Committeeperson overseeing a department
in which the employee is assigned shall first serve the employee with
written charges, together with a statement of facts or specifications
supporting the charges.
B.Â
The employee may request a hearing within five days
of receipt of the written charges. If no request is made within such
five-day period, or such additional time as agreed to by the department
head or Committeeperson overseeing the department, the hearing may
be considered to have been waived and the Township Committee may impose
discipline upon the employee.
C.Â
If the employee requests a hearing, it shall be held
before the Township Committee within 30 days of service of the disciplinary
charges upon the employee, unless the thirty-day period is waived
by the employee or a later date is agreed to by the parties.
D.Â
Hearings before Township Committee. A hearing shall
be held before the Township Committee or its designated representative.
Where a designated representative is used, such representative shall
make findings of fact and conclusions and submit his or her findings
and conclusions to the Township Committee as a recommendation. The
Township Committee may accept, reject or modify the recommendations
of its designated representative and impose discipline appropriate
to the charges of which the employee is found guilty.
E.Â
At the hearing, the employee may be represented by
an attorney.
F.Â
The employee shall have the opportunity to review
the evidence supporting the charges and present and examine witnesses
on his or her behalf. The employee shall not be required to testify,
but an employee who does testify will be subject to cross-examination.
G.Â
Within 20 days after completion of the hearing, or
such additional time as agreed to by the parties, the Township Committee
shall make a decision on the charges and furnish the employee, either
by personal service or certified mail, the final determination on
innocence or guilt and the discipline to be imposed. Where the Township
Committee designates a representative to conduct a hearing, recommendations
of the designated representative shall be made to the Township Committee
within 20 days of the conclusion of the hearing, and thereafter the
Township Committee shall make a final determination within 20 days
after receipt of the recommendation of the designated representative.
H.Â
Any hearing before the Township Committee may be closed
to the public at the request of the employee against whom disciplinary
charges are brought. If such employee, however, requests a public
hearing, then the hearing before the Township Committee or its designated
representative shall be open to the public.
A.Â
An employee may be suspended immediately and prior
to a hearing where it is determined that the employee is unfit for
duty or is a hazard to any person if permitted to remain on the job,
or that an immediate suspension is necessary to maintain safety, health,
order or effective direction of public services. However, notice of
charges and specifications with opportunity for a hearing must be
served in person or by certified mail within five days following an
immediate suspension. In such event, the suspension shall be without
pay.
B.Â
An employee may be suspended immediately when the
employee is formally charged with a crime of the first, second or
third degree, or a crime of the fourth degree on the job or directly
related to the job.
C.Â
Where an employee is not suspended immediately as
provided for herein, such employee shall continue working, with pay,
pending the disciplinary hearing and a determination as to the validity
of the charges and the imposition of discipline.
Where discipline is imposed upon a permanent
employee after a hearing as provided for herein, the discipline imposed
shall be final. In the event that a disciplined employee wishes to
file an appeal, such employee may appeal to the Superior Court of
the State of New Jersey. In such an appeal, the review to be made
by the Court is whether there is sufficient evidence in the record
to support the decision made by the Township Committee and the discipline
imposed as a result thereof. The Court shall not substitute its opinions
for the actions taken by the Township Committee unless it determines
that the action of the Township Committee is arbitrary or capricious
and not supported by substantial evidence in the record.
In the event that disciplinary charges brought
against an employee are not sustained by the Township Committee, or
by a court in the event of appeal, the Township shall pay the reasonable
attorney's fees incurred by the employee in defending against the
charges and the discipline imposed. In such event, the employee's
attorney shall be paid at the same hourly rate as the Municipal Attorney
hired to represent the municipality in the prosecution of the disciplinary
charges. In the event that one or more of the disciplinary charges
are sustained, and some discipline imposed, then the Township shall
not be obligated to reimburse the employee for any cost incurred in
the defense of the disciplinary action. Additionally, where all charges
are dismissed, or the discipline originally imposed is reduced, the
employee shall be paid back salary for all pay lost as a result of
suspension or removal.
No current employee serving in the position
of Administrative Secretary, Secretary or maintenance man on the date
of adoption of this article shall be required to undergo a probationary
period. Such employee shall be given credit for all time served in
the current position prior to adoption of this article and shall be
a permanent full-time employee as of the date of adoption.
The Township Committee, the Township Committeeperson
overseeing the department in which a permanent full-time employee
serves or a department head shall assign such duties to the employee
appointed under this article as may be required by the Township of
Deerfield, provided that such duties are consistent with the position
created by this article.
The persons appointed to the permanent positions
created by this article shall be paid within the salary range set
forth in the current Salary Ordinance of the Township of Deerfield,[1] and the yearly salary of each permanent employee shall
be determined by ordinance of the Township Committee. Full-time employment
shall be at least 30 hours per week. In the event that a permanent
employee appointed under this article does not work on a full-time
basis, his or her yearly salary shall be apportioned according to
the number of weeks or months actually worked or according to the
number of hours which such employee works during an average week.
The Township Committee may adopt such rules
and regulations applicable to the permanent positions created by this
article as it may deem appropriate or necessary, including a specification
of job duties for each position hereby created.
