[HISTORY: Adopted by the Township Committee
of the Township of Andover 10-30-1973 as Chapter V of the 1973 Code;
as amended through Ord. No. 2000-13. Subsequent amendments noted where
applicable.]
A.
Civil Service Law and Rules. The New Jersey State
Civil Service Law and the Civil Service Rules of the State of New
Jersey applicable to municipalities provide the basic framework for
employment in the Township government. This chapter and all its provisions
shall at all times be subject to the Civil Service Rules of the State
of New Jersey, which prescribe basic minimum standards. To the extent
that this chapter should at any time and in any particular provide
standards less liberal than those embodied in the Civil Service Rules
of the State of New Jersey, the latter rules shall be deemed applicable.
To the extent, however, that the provisions of this chapter contain
benefits or provisions more liberal than the minimum requirements
of the Civil Service Rules of the State of New Jersey, the provisions
of this chapter shall control.
B.
Fair Labor Standards Act. The provisions of the Fair
Labor Standards Act as applicable to governmental employees shall
also apply within the Township. To the extent that this chapter should
at any time and in any particular provide standards less liberal than
those embodied in the Fair Labor Standards Act, the latter rules shall
be deemed applicable. To the extent, however, that the provisions
of this chapter contain benefits or provisions more liberal than the
minimum requirements of the Fair Labor Standards Act, the provisions
of this chapter shall control.
C.
Collective bargaining agreements. It is recognized
that within the Township certain employees are governed by a collective
bargaining agreement. This chapter shall not be applicable to those
employees. The provisions of their collective bargaining agreement
shall control the terms and conditions of their employment in the
event of conflict of the agreement and the provisions of this chapter.
A.
The provisions of this chapter and other personnel
matters shall be administered by the Local Government Personnel Policies
and Procedures Manual of the Township of Andover, which shall be filed
with the Township Clerk and disseminated to all department heads.
B.
Employees shall be apprised of relevant personnel
policies and procedures by the Employee Policies and Procedures Manual
of the Township of Andover, which shall be filed with the Township
Clerk and distributed to all employees.
A.
Basis for original appointment. Original appointments
to vacancies in the Township service shall be based on merit, fitness
and ability, which shall be determined by competitive examinations
insofar as practicable, and shall be in accordance with the Civil
Service Rules of the State of New Jersey.
B.
Temporary assignments. In the absence of an appropriate
list or for the filling of temporary or seasonal positions, or temporarily
in the case of emergencies, vacancies may be filled by temporary appointments
by the Township Committee. Temporary appointments shall have a maximum
duration of four months.
C.
Provisional appointments. Pending the establishment
of an appropriate eligible list, vacancies in permanent positions
may be filled by provisional appointments. Such appointments shall
continue only until an appropriate eligible list is established. Provisional
employees shall possess minimum qualifications established for the
vacant position.
D.
Physical examination. Any job applicant may be required
to submit to a physical examination by the Township Physician or a
designated alternate. Psychological or psychiatric examinations by
a psychologist or psychiatrist designated by the Township may also
be required.
E.
Probationary period.
(1)
All employees appointed permanently to the classified
service shall serve a probationary period of 90 days. At the expiration
of the probationary period, the Township Committee may discontinue
the service of any employee if, in the Township Committee's opinion,
the employee is unwilling or unable to perform the duties of his position
in a satisfactory manner, or if the employee is of such reputation
and habits as not to merit continuance in the service of the Township.
In every case, the Township Committee shall notify the employee in
writing of the discontinuance and the reasons for the same, and shall
forward a copy of the notice to the Department of Civil Service of
the State of New Jersey.
(2)
A ninety-day probationary period shall also apply
to an employee promoted to a higher classification. Probationary status
shall in no way affect the rights and status in the original or lower
classification.
F.
Permanent status. Classified employees who satisfactorily
complete their probationary period shall have permanent employment
status, conditioned upon good behavior and satisfactory job performance.
They shall be subject to removal only for cause or for reason of economy,
after proper notice and the opportunity to be heard, as set forth
under the Civil Service Rules of the State of New Jersey.
B.
Effect of reclassification. When there is a major
change in the duties or responsibilities of a position resulting in
its reallocation to a higher classification, the position shall be
considered vacant and subject to filling under promotional procedures.
The incumbent in the reclassified position may be permitted to serve
pending promotional procedures.
C.
Permanent promotions.
(1)
Vacancies shall be filled by utilizing competitive
promotional examinations, in accordance with the Civil Service Rules
of the State of New Jersey.
(2)
Where the Township Committee, after consultation with
the New Jersey Civil Service Department, finds that no employee is
qualified for promotion to the vacancy, it may order an open competitive
examination, open to candidates outside the Township's employ. In
post-examination selection, the Township Committee shall give appropriate
consideration to the applicant's qualifications, record of past performance
and the length and quality of his service.
(3)
Selection shall be made from the top three candidates
as determined by the examination process of the Civil Service Department
of the State of New Jersey.
D.
Provisional promotions. Pending the availability of
a suitable eligibility list, vacancies may be filled by a provisional
promotion. A provisional promotion shall have a maximum duration of
six months.
A.
Types of separation. Classified employees who have
acquired permanent employment status may be temporarily suspended
from the Township's employ by layoff or suspension, or permanently
separated by resignation or dismissal, subject at all times to the
rules and regulations of the Civil Service Department of the State
of New Jersey.
B.
Layoff. Whenever there is a lack of work or a lack
of funds requiring a reduction in the number of employees in a department
of the Township government, the required reductions shall be made
in such job classification or classifications as the Township may
designate.
(1)
As determined by the Township Committee, employees
shall be laid off in the reverse order of their length of service
within each affected job class in a particular department or division.
(2)
All provisional employees shall be laid off before
probationary employees, and all probationary employees shall be laid
off before any permanent employees.
(3)
Permanent (including probationary) employees so affected
shall be given a minimum of 45 days' notice. Provisional employees
so affected shall be given a minimum of two weeks' notice or two weeks'
pay in lieu thereof.
C.
Retirement.
(1)
Employees enrolled in the Public Employees Retirement
System of the State of New Jersey shall be subject to the requirements
and provisions of that plan and shall be eligible to retire and receive
benefits as provided therein.
(2)
Retired employees shall be entitled to health benefits
in accordance with Resolution R87-22, adopted February 25, 1987, which
adopted the provisions of Chapter 88, Public Laws of 1974, as amended,
and the rules and regulations promulgated by the State Health Benefits
Commission thereunder. A copy of said resolution is on file in the
Township Clerk's office. Employees who commence employment on or after
January 1, 2012, shall be required to be employed by and serve at
least 25 years with the Township of Andover in order to be eligible
for retiree health benefits in accordance with Resolution R87-22.
[Amended 5-14-2012 by Ord. No. 2012-06]
D.
Resignation. An employee may resign from his position
by tendering a written resignation to his department director who
in turn shall forward it to the Township Committee.
(1)
Unless there are disciplinary charges pending against
the employee, the Township Committee shall notify the employee in
writing of acceptance of his resignation in good standing.
(2)
An employee shall give a minimum of 14 days' notice
before the effective date of his resignation. Failure to do so may
result in loss of vacation, sick and personal day credits. Oral resignation
shall be considered to be binding, but not as a resignation in good
standing.
E.
Involuntary separation of full-time classified employees.
In the event of the involuntary separation of a full-time classified
employee, the employee shall receive 60 days' notice (including accumulated
vacation leave), or be compensated at the rate of one day's wages
for each day less than the 60 days for which notice is required to
be given, except in cases of disciplinary dismissal for cause.
A.
Pay periods. The Township normally shall pay its employees
on a biweekly payroll schedule, or a total of 26 times annually.
B.
Computation of daily and hourly rates. Each payroll
period normally shall consist of 10 working days, so that the daily
rate of pay of each employee normally shall be 1/260th of his
annual salary. The hourly rate shall be computed by dividing the weekly
rate by the number of hours in the employee's prescribed workweek.
C.
Deductions for leave without pay. Deductions in salary
for leave without pay shall be computed on the basis of hourly rate
for less than a full day or 1/260th of annual salary for a full
day.
D.
Compensation for overtime.
(1)
All employees entitled to receive overtime pay under
the provisions of the Fair Labor Standards Act as amended shall be
paid for such authorized overtime at the rate of 1 1/2 times
their hourly rate for all overtime hours worked in excess of their
regular forty-hour week.
(2)
Overtime pay shall be computed in accordance with
the Fair Labor Standards Act as amended, the rules and regulations
promulgated thereunder and the Civil Service and union contract.
(3)
No overtime shall be permitted unless prior approval
is granted by the Township Committee or the persons delegated by the
Township Committee to approve overtime.
(4)
The Township Committee in consultation with the Road
Foreman or the Chief of Police may grant compensatory time off in
lieu of overtime pay to employees under their supervision in accordance
with the Fair Labor Standards Act as amended and the rules and regulations
promulgated thereunder.
(5)
The Township Committee may, upon recommendation of
the Administrator, grant compensatory time off in lieu of overtime
pay to Township employees in accordance with the Fair Labor Standards
Act as amended and the rules and regulations promulgated thereunder.
E.
Salary increments. Salary increments may be granted
to each employee effective January 1 of each year until the employee's
salary has reached the maximum salary provided for his position title.
No employee, however, shall be granted an annual salary increment
until his department head has certified in writing to the Township
Committee that during the past year the employee's performance and
service were such as to be deserving of an increase, setting forth
the basis for such conclusion. In the case of employees who will have
served less than one full year as of January 1, the salary increase,
if any, to be effective at that time shall be specified by the Township
Committee at the time of employment.[1]
[1]
Editor's Note: Former Subsection F, Longevity,
which followed this subsection, was repealed 9-26-2006 by Ord. No.
2006-22, which also provided: "All current employees who are not members
of a collective bargaining unit and who had previously received longevity
pay under § 115-6F shall receive a one-time increase in
annual salary, effective January 1, 2007, equal to the amount of annual
longevity pay most recently received by that employee plus an additional
$250. Any employee who is not a member of a collective bargaining
unit and who has not previously received a longevity payment (i.e.,
employees working five or less years for the Township) shall receive
a one-time increase in annual salary in the amount of $250, effective
January 1, 2007."
A.
Regular workweek.
(1)
The normal workweek of the Township shall be a five-day
week as follows:
(2)
It is recognized that the duties of certain employees
require attendance at meetings scheduled outside regular work hours.
The time spent at such meetings as part of the regular duties of the
employee shall receive overtime pay under the provisions of the Fair
Labor Standards Act as amended for all overtime hours worked in excess
of their regular workweek. This provision does not govern full-time
employees who are parties to collective bargaining agreement.
B.
Emergency. A department head or committee liaison
may require any officer or employee to be in attendance for work on
any day that he determines that a public emergency so requires.
A.
Holidays.
(1)
Not applicable to Police Department and union contracts.
Due to the emergency nature of work of the Police Department, the
provisions of this section shall not be applicable to the members
of that Department. Members of the Department of Public Works and
public safety communication operators will be governed by their respective
union contracts.
(2)
Paid holidays.
(a)
The following official holidays with pay shall
be observed by the Township for permanent full-time employees:
[1]
New Year's Day.
[2]
Martin Luther King's Birthday Observance.
[3]
Presidents' Day Observance.
[4]
Good Friday.
[5]
Memorial Day Observance.
[6]
Independence Day.
[7]
Labor Day.
[8]
Columbus Day Observance.
[9]
General Election Day. (Office personnel may
take another day in lieu of Election Day with the understanding that
the time be taken within that calendar year.)
[10]
Veterans' Day.
[11]
Thanksgiving Day.
[12]
Friday after Thanksgiving.
[13]
Christmas Day.
[14]
Lincoln's Birthday.
[Added 11-28-2006 by Ord. No. 2006-25]
(b)
Permanent part-time employees shall be governed
by Subsection E of this section. If a holiday falls on a Sunday, it
shall be observed on the following Monday. If a holiday falls on a
Saturday, it shall be observed on the preceding Friday.
(3)
Compensation for working on holidays. When it is necessary
to require an employee to work on an official holiday, the Township
Committee, in consultation with the department head, may approve the
compensation of the employee at twice his hourly rate or may permit
the employee to take two hours off as compensatory time with pay on
a regular working day at a time approved by the department head for
each hour worked on the holiday.
(4)
Not charged against vacation or sick leave. If an
official holiday is observed during an employee's vacation, he shall
be entitled to an additional vacation day, and if an official holiday
occurs while an employee is on sick leave, he shall not have the holiday
charged against his sick leave.
(5)
Holiday pay for part-time employees. All provisional
and permanent part-time employees, who regularly work a consistent
percentage of the regular and normal workweek, shall receive pay credit
for the holiday on a proportionate basis, provided their work schedule
would have included work time on that holiday. The following chart
shall be used to compute pay credit for holidays:
Holiday Leave Credits Prorated
| ||
---|---|---|
Percentage of Full-
Time Position
|
Seven-Hours-Per-Day Position
(Hours/Month)
| |
20
|
1.40
| |
25
|
1.75
| |
30
|
2.10
| |
40
|
2.80
| |
50
|
3.50
| |
60
|
4.20
| |
70
|
4.90
| |
75
|
5.25
| |
80
|
5.60
| |
90
|
6.30
| |
To calculate holiday leave credit for the year,
multiply the appropriate (hours/month) figure times the number of
holiday days in the year.
|
A.
Amount of personal leave.
(1)
All permanent, full-time employees of the Township
whether in the classified or unclassified service, shall be granted
three personal days during each calendar year.
(2)
During the employee's first year of employment with
the Township, the employee shall earn one personal day for each four
months of employment for a total of three days after 12 months of
employment.
(3)
After the first year of employment, the employee will
be granted three personal days each year.
B.
Part-time employees. Permanent, part-time employees
shall be eligible for personal leave on a prorated basis.
C.
Accumulation. Accumulation of personal leave beyond
that earned in any year shall not be permitted.
D.
Personal leave upon separation. An employee who is
retiring or who has otherwise separated in good standing shall be
entitled to the personal leave allowance for the current year prorated
upon the number of months working in the calendar year in which the
separation or retirement becomes effective.
E.
Compensation for working on holidays. Where it is
necessary to maintain regular service which requires an employee to
work on an official holiday, he shall be compensated by receiving
twice his hourly rate or by being permitted to take two hours off
as compensatory time with pay on a regular working day at a time approved
by the appointing authority for each hour worked on the holiday.
F.
Not charged against vacation or sick leave. If an
official holiday is observed during an employee's vacation, he shall
be entitled to an additional vacation day, and if an official holiday
occurs while an employee is on sick leave, he shall not have that
holiday charged against his sick leave.
G.
Requirement for holiday pay. To be eligible to receive
holiday pay an employee must work the regularly scheduled work day
before the holiday and the regularly scheduled work day after the
holiday, unless he has been excused by his supervisor or unless his
supervisor is satisfied that his absence was justified.
A.
Amount of vacation leave. All permanent, full-time
employees of the Township other than policemen working under a collective
bargaining agreement, whether in the classified or unclassified service,
shall be granted annual leave with pay for vacation purposes during
each calendar year in accordance with the following schedule based
on length of employment as of the 31st day of December of the preceding
calendar year. If not defined by a collective bargaining agreement,
the length of employment for policemen shall be calculated as of the
preceding anniversary date of their original appointment.
Length of Employment
|
Vacation Leave
| |
---|---|---|
Up to one year of service
|
One working day for each month of employment.
| |
After one year and up to completion of
five years of service
|
12 working days
| |
After five years and up to completion of
10 years of service
|
15 working days
| |
After 10 years and up to completion of
15 years of service
|
18 working days
| |
After 15 years and up to completion of
20 years of service
|
20 working days
| |
After completion of 20 years of service
|
Add one working day per year
|
B.
Amount of vacation leave for part-time, temporary
or provisional employees.
(1)
Permanent part-time employees shall be eligible for
vacation leave on a prorated basis based upon the following chart:
Vacation Leave Credits
| |||||
Prorated
| |||||
|
Percentage of
Full-Time
|
7 Hours/Day
Position
|
12 Days/Year
(1-5 Years)
|
15 Days/Year
(5-15 Years)
|
20 Days/Year
(15 Years*)
|
Hours
|
(Hours/Month)
|
(Hours/Year)
|
(Hours/Year)
|
(Hours/Year)
| |
20
|
1.40
|
17
|
21
|
28
| |
25
|
1.75
|
21
|
26
|
35
| |
30
|
2.10
|
25
|
31.5
|
42
| |
40
|
2.80
|
33.5
|
42
|
56
| |
50
|
3.50
|
42
|
52.5
|
70
| |
60
|
4.20
|
50.5
|
63
|
84
| |
70
|
4.90
|
59
|
73.5
|
98
| |
75
|
5.25
|
63
|
79
|
105
| |
80
|
5.60
|
67
|
84
|
112
| |
90
|
6.30
|
75.5
|
94.5
|
126
| |
EXAMPLE: If a part-time employee works
40% of the normal seven-hour per day position (35 hours per week),
that person shall be credited with vacation credit at a rate of 2.8
hours per month. For the first five this would be a total of 33.5
hours vacation credit per year.
|
(2)
Temporary or seasonal employees shall not be eligible
for vacation leave. New probationary and provisional employees shall
be entitled to one working day of vacation leave for each month of
service completed as of January 1.
C.
Accumulation. Accumulation of vacation leave beyond
that earned in any year shall be permitted only wherein by reason
of pressure of Township business, such vacation periods or parts thereof
not granted shall accumulate and shall be granted during the next
succeeding calendar year only.
D.
Choice of time. Vacations shall be scheduled by the
Township Committee so as to cause the least interference with the
efficient conduct of the Township business. So far as possible, the
preference of employees shall be accepted, with the preferences of
those employees having seniority given first recognition. Where seniority
is equal, determination shall be by lot. Subject to the approval of
the Township Committee, vacation leave may be taken from time to time
in units of full days.
E.
Vacations leave due upon separation. An employee who
is retiring or who has otherwise separated in good standing shall
be entitled to the vacation allowance for the current year prorated
upon the number of months working in the calendar year in which the
separation or retirement becomes effective and any vacation leave
which may have been carried over from the preceding calendar year.
A.
Sick leave.
(1)
As used in this subsection, "sick leave" shall mean
paid leave that may be granted to each permanent classified or unclassified
employee who through sickness or injury becomes incapacitated to a
degree that makes it impossible or highly impractical for him to perform
the duties of his position or who is quarantined by a physician because
he has been exposed to a contiguous disease. Temporary employees shall
not be eligible for sick leave.
(2)
Full-time employees shall accumulate sick leave on
the basis of 15 days of sick leave per year. In the first year of
employment, employees shall be entitled to one day of sick leave for
each month of employment. After the first year of employment, employees
shall be entitled to 1.25 days of sick leave for each month of employment.
(3)
Part-time permanent employees shall be eligible for
sick leave on a prorated basis based on the following chart:
Sick Leave Credits
Prorated
| ||||
---|---|---|---|---|
Percentage of
Full-Time
|
7 Hours/Day
Position
|
12 Days/Year
(first year)
|
15 Days/Year
| |
Position
|
(Hours/Month)
|
(Hours/Year)
|
(Hours/Year)
| |
20
|
1.40
|
17
|
21
| |
25
|
1.75
|
21
|
26
| |
30
|
2.10
|
25
|
32.5
| |
40
|
2.80
|
33.5
|
42
| |
50
|
3.50
|
42
|
52.5
| |
60
|
4.20
|
50.5
|
63
| |
70
|
4.90
|
59
|
73.5
| |
75
|
5.25
|
63
|
79
| |
80
|
5.60
|
67
|
84
| |
90
|
6.30
|
75.5
|
94.5
| |
EXAMPLE: If a part-time employee works
40% of the normal seven-hour-per-day position (35 hours per week),
that person shall be credited with sick leave at the rate of 2.8 hours
per month. For every month of the first calendar year of employment
this would be a total of 33.5 hours sick leave credit. For every year
thereafter, a total of 42 hours per year should be credited.
|
(4)
Sick leave may be accumulated during each employee's
length of service.
[Amended 7-23-2003 by Ord. No. 2003-13]
(a)
At the time of retirement or separation, the
employee shall be entitled to a maximum payment of $15,000 computed
at the rate of 1/2 day per full day of verifiable sick leave accumulated
and not previously used. Any employee who, at the time of the adoption
of this section, has accumulated sick leave that would entitle him/her
to pay of above $15,000 if he/she were to retire or separate from
employment with the Township as of the date of the adoption of this
section shall be entitled to such amount in excess of $15,000 if he/she
does not use the time before the date of actual retirement or separation.
However, the amount to which such employee shall be entitled in excess
of $15,000 shall not increase and can be no greater than said amount
at the time of adoption of this section.
(b)
Annual buyback. Any employee who is not subject
to a collectively negotiated agreement (“noncontractual employee”)
shall be entitled to sell accumulated sick time back to the Township
as provided herein. Any noncontractual employee may annually sell
back to the Township any accrued unused sick time in his/her bank
in excess of 75 days, in an amount not to exceed $5,000. A noncontractual
employee(s) must maintain at least 75 days in his/her sick bank. Sick
days sold back shall be compensated at a rate of 75% of the employee’s
then-current per diem rate. Requests for sick time buyback must be
submitted to the Administrator no later than September 1 of each year.
If the request is accepted by the Township Committee, then payment
shall be made on the first regular payday of November.
[Added 9-26-2006 by Ord. No. 2006-23]
(c)
Sick leave buyback upon retirement. An employee who is retiring
and has filed his/her application with the State of New Jersey Division
of Pensions and Benefits, who has submitted his/her intent to retire
in writing to the governing body and intent has been confirmed by
adoption of a resolution, may request a waiver of the seventy-five-day
minimum requirement. Requests must be in writing to the Township Administrator
upon adoption of the resolution accepting the application to retire
with the amount not to exceed $5,000.
[Added 11-26-2012 by Ord. No. 2012-11]
(5)
Sick leave due upon separation. An employee who is retiring or who has otherwise separated in good standing shall be entitled to the sick allowance for the current year prorated upon the number of months working in the calendar year in which the separation or retirement becomes effective and any sick leave accumulated as per Subsection A(4).
(6)
Accumulated sick leave may be used by an employee
for personal illness, illness in his immediate family (not to exceed
five working days in one calendar year without the approval of the
Township Committee), quarantine restrictions, or pregnancy or disabling
injuries. The term "immediate family" is defined as father, mother,
wife or husband and the employee's children, or any member of the
immediate household.
(7)
When an employee is absent from work because of illness
for more than one day, his supervisor may require an employee to submit
a certificate from the employee's physician or the Township Physician
relating to his illness. In the case of illness of a chronic or recurring
nature causing an employee's repeated absence for periods of one day
or less, his department director may require one medical certificate
for every six-month period.
B.
Death in immediate family. Each employee of the Township
shall receive a leave of absence with pay for five consecutive days
if there is a death in the employee's immediate family. "Immediate
family" is defined as father, mother, wife or husband, the employee's
children, brother, sister, grandparents, mother-in-law, father-in-law,
brother-in-law and sister-in-law. "Five consecutive days off" is defined
as five working days and shall not include nonworking days which fall
within the five-day period immediately following the death. The working
days which the employee takes off in the event of such death shall
not be charged against the employee's accrued sick leave.
C.
Special leave.
(1)
If an employee is unable to report to work due to
a weather emergency or civil emergency, he may charge the time off
to accrued vacation leave, personal leave or sick leave, provided
that he properly notifies his supervisor of his inability to report
to work
(2)
If an employee wishes to observe a religious or national
holiday for which no regular holiday has been declared, he may charge
the time off to accrued vacation, personal or sick leave, provided
that he gives proper notification to his supervisor.
D.
Leave of absence as result of injury in line of duty.
(1)
If a full-time employee is injured in the line of
duty, the Township Committee may, pursuant to N.J.S.A. 40A:9-7, pass
a resolution giving the employee up to one year's leave of absence
with pay. When such an action is taken, the employee shall not be
charged any sick leave time for time lost due to such injury.
(2)
Prior to the passage of the resolution referred to in Subsection D(1), the employee shall agree in writing to reimburse the Township to the extent of any temporary disability benefits under workers' compensation he may receive as a result of the injury.
(3)
Prior to and as a condition of the Township Committee's
grant of extended leave under this subsection, a Township-appointed
physician must examine the employee and certify the injury or disability
to the Township Committee.
E.
Court leave and jury duty.
(1)
Court leave. Court leave is the authorized absence,
without charge to leave and without loss of compensation, of an employee
from official duty for attending court in a nonofficial capacity as
a witness on behalf of the government. The court may be a state, federal,
county or municipal court.
(a)
Appearance in court in connection with official
Township business is considered normal duty time.
(b)
Appearance in court at the call of government
when not job-connected is chargeable to court leave.
(c)
Appearance in court under other circumstances
is a private matter chargeable to personal leave only.
(2)
Jury duty. An employee who is under proper summons
from a court to serve on a jury shall be granted leave of absence
with pay for the entire period regardless of the number of hours per
day or days per week actually served on the jury during the period
as per N.J.S.A. 2A:69-5.[1]
[1]
Editor's Note: Repealed by L. 1995, c. 44.
See N.J.S.A. 2B:20-1 et seq.
F.
Military leave.
(1)
Any permanent employee, part-time or full-time, who
is a member of the National Guard, Naval Militia, Air National Guard,
or a reserve component of any of the Armed Forces of the United States
who is required to engage in field training, shall be granted a military
leave of absence with regular pay for the period of such training
as is authorized by law. The paid leave of absence shall be in addition
to his vacation. Permanent part-time employees shall receive pay for
such leave on a prorated basis.
(2)
When a full-time or part-time permanent employee is
called to active duty or inducted into the military or naval forces
of the United States, he shall be granted an indefinite leave of absence
without pay for the duration of such active military service, provided
that he does not voluntarily extend such service. Each employee shall
be reinstated without loss of privileges or seniority provided he
reports for duty with the Township within 60 days following his honorable
discharge from military service. He shall notify the Township of his
intent to report for duty 30 days prior to his discharge from military
service.
G.
Leave without pay. Leave without pay may be granted
to full-time or part-time permanent employees and to full-time unclassified
employees. Normally, it shall be granted only when the employee has
used his accumulated sick and vacation leave in the case of illness,
or his vacation leave if leave without pay is requested for reasons
other than illness. Written request for leave without pay shall be
initiated by the employee and approved by the Township Committee,
upon favorable recommendation of his department director. Such leave,
except for military leave without pay, shall not be approved for a
period of longer than six months at one time. The Township Committee
may extend such leave for an additional six months or any portion
thereof.
H.
Requests for leave. A request for any type of leave
shall be made on a form prescribed by the Township Committee. Such
request, whenever possible, shall be made far enough in advance to
permit approval, and at the same time to permit coverage for the particular
employment so that municipal service shall not suffer. In the case
of sick leave, the employee shall notify his supervisor immediately
if he is unable to report for work.
A.
Hospitalization; medical surgical; major medical benefits
insurance.
(1)
The Township shall provide medical and surgical benefits
under the New Jersey State Health Benefits Plan for all employees
whose normal workweek is 30 hours or more; provided, however, that
all employees who are working 20 hours per week or more and are receiving
benefits pursuant to the ordinance as it existed on November 21, 1995,
shall continue to receive said benefits regardless of the hours they
may be required to work.
(2)
The insurance coverage provided for herein shall extend
to the spouse of an eligible employee and to an eligible employee's
dependent, unmarried children as may be provided for in the policy
in effect.
(4)
All employees upon retirement or separation shall
be covered by all benefits under the Consolidated Omnibus Budget Reconciliation
Act of 1985, as amended.
B.
Dental plan; prescription; eye glasses/exam; deferred
compensation plan; disability insurance. The Township shall provide
a dental plan, prescription, eye glasses/exam, deferred compensation
plan and disability insurance for all employees whose normal workweek
is 30 hours or more; provided, however, that all employees who are
working 20 hours per week or more and are receiving benefits pursuant
to the ordinance as it existed on November 21, 1995, shall continue
to receive said benefits regardless of the hours they may be required
to work. If available, the deferred compensation plan and disability
insurance plan are voluntary.
C.
Educational incentive pay for employees. The Township
will pay incentive pay to all employees for courses taken in accordance
with the following policy:
(1)
The employee must have been employed by Andover Township
for a minimum of 18 months, and there must be no letter of resignation
on file.
(2)
Only courses which are job-related and which will
further develop the employee's career with the Township will be eligible
for reimbursement.
(3)
The courses must be approved by the Township Committee
prior to attendance.
(4)
The yearly maximum amount allowable under this provision
shall be $250 payable on or before December 15 and shall not be added
to base pay.
(5)
In order to be eligible for reimbursement, proof must
be produced that the course was completed and successfully passed.
(6)
Courses eligible to be included under these provisions
shall be defined as a court consisting of 20 hours or more. Seminars
and conferences shall be deemed to be ineligible under these provisions.
A.
Policy. It shall be the policy of the Township to
appoint all employees, either classified or unclassified, without
regard to political considerations. For the purposes of this section,
Township employees are defined to include full-time, temporary probationary,
seasonal or part-time personnel receiving an annual or hourly reimbursement
for their services from the Township.
B.
Prohibited political activities.
(1)
Township employees shall not engage in any political
activities during working hours or on Township property.
(2)
Township employees shall not make financial contributions
for the purpose of supporting the nomination or the election of any
person to public office or party position within the Township. No
person holding a position of authority over an employee shall directly
or indirectly invite, demand or accept payment or contribution from
Township employees for campaign purposes.
(3)
Township employees whose principal employment is in
connection with any activity financed in whole or in part by loans
or grants made by the United States or by any federal agency may also
be subject to the restrictions of the Federal Hatch Act. The Hatch
Act restrictions shall apply only to political activity which is partisan.
C.
Rights preserved. Nothing in this section shall be
construed to prevent Township employees from becoming or continuing
to be members of any political party, club or organization, provided
that they do not serve as officers of such party, club or organization;
attending political meetings; expressing their views on political
matters outside of working hours and off Township property; circulating
petitions on public questions; or voting with complete freedom in
any election.
A.
Conflicts of interest prohibited. No officer of employee
elected or appointed in the Township shall be interested, directly
or indirectly, in any contract with the Township, or in the compensation
for work done or for materials or supplies furnished to the Township
or to any contractor or other person furnishing the same to the Township,
nor shall he participate in any profits of such contractor or other
person or receive any compensation, commission, gift or other reward
for his services except the fee or compensation prescribed pursuant
to law.
B.
Violations. Any officer or employee who violates any
provision of this section or of any statute or ordinance relating
to conflict of interest shall be deemed guilty of misconduct in office
and liable to removal from office therefor. Any officer or employee
who knowingly permits any provision of this section to be violated
by any of his subordinates shall also be guilty of misconduct in office
and liable to removal therefor.
A.
Full-time employees in either the classified or unclassified
service shall not accept outside employment or engage in outside business
activities without the prior approval of the department head and the
Township Committee. Applications for permission to accept outside
employment shall be made in writing to the department director who
shall forward the same to the Township Committee with his recommendation.
The application shall set forth pertinent information concerning the
type of activity to be engaged in, the name and address of the prospective
employer, and the hours of such employment.
B.
No application for permission to accept outside employment
shall be approved by the Township Committee if in its judgment, there
is any reasonable probability that such outside employment will interfere
with the employee's performance or compromise the employees position
with the Township through a conflict of interest or if such employment
shall exceed 20 hours per week.
A.
Causes for disciplinary action. An employee who has
acquired permanent status may be disciplined in accordance with civil
service regulations, general law and this chapter. The causes for
which disciplinary action may be invoked include, but are not limited
to the following:
(1)
Neglect of duty.
(2)
Incompetency.
(3)
Inefficiency.
(4)
Incapacity due to mental or physical disability.
(5)
Insubordination.
(6)
Serious breach of discipline.
(7)
Intoxication while on duty.
(8)
Chronic or excessive absenteeism.
(9)
Disorderly conduct.
(10)
Immoral conduct.
(11)
Willful violation of any of the provisions of
the civil service statutes, rules or regulations or other statutes
relating to the employment of public employees.
(12)
Criminal conviction for any act or offense.
(13)
Negligent or willful damage to public property.
(14)
Negligent or willful waste of public supplies.
(15)
Conduct unbecoming an employee in the public
service.
(16)
The use or attempted use of one's authority
or official influence to control or modify the actions of a Township
employee who is acting in accordance with his assigned duties.
(17)
Participation in any form of political activity
during working hours.
B.
Suspension. When in the opinion of the Township Committee
an employee's performance or conduct justifies disciplinary action
short of dismissal, the Township Committee may suspend or furlough
the employee without pay or with reduced pay.
C.
Right of appeal. An employee who is suspended, fined
or demoted more than three times in any one year or who is suspended
for more than five days at one time or for a period exceeding 15 days
in aggregate in any calendar year shall have the right of appeal to
the Civil Service Department, and the Civil Service Department shall
have the power to revoke or modify the action of the Township Committee.
D.
Unionized employees. Employees who are covered by
the police labor contract shall be guided by the procedures outlined
in their contract pertaining to disciplinary action.
The Township Clerk shall provide that adequate
personnel records are maintained for each employee of the Township.
Such records shall include dates of appointment and promotions, job
titles, salaries, commendations, disciplinary actions, leave of any
type taken and accumulated, merit ratings and any appropriate information.
Upon written request to the Township Clerk, an employee may review
his personnel file.
The Township Committee may schedule medical
examinations for all Township employees annually or more frequently
if required.
A.
Required. Every officer or employee of the Township
who by virtue of his office or position is entrusted with the receipt,
custody or expenditure of public moneys or funds, and any other officer
or employee who may be required to do so by the Township Committee
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 Township Committee, binding him to the Township 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
Clerk, except that the Clerk shall deliver his bond to the Treasurer,
before he enters upon the discharge of his duties of the office or
employment.
B.
Failure to obtain. If any officer or employee neglects
to execute and deliver his bond as herein required within 30 days
after due notification of his election or appointment, his office
or position may be declared vacant by the Committee.
C.
Form and requisites. In every case where any person
is required by the laws of the state or by any ordinance of the Township
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 shall be paid by the Township. Each bond
shall be approved by the Township 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.
A.
Statement of policy. It is the policy of the Township
of Andover that a driver's license record check shall be required
for:
B.
Confidentiality. All information secured as a result
of the driver's license record checks shall be confidential and shall
be released only to appropriate officials of the Township of Andover
involved in reviewing and acting on applications.
C.
Procedure.
(1)
All applicants for employment within the Township
of Andover shall complete the authorization for permitting the Township
to obtain the motor vehicle record as well as any other information
relevant to the employment of such applicant.
(2)
All information obtained herewith shall be provided
to the members of the Andover Township Committee to be considered
in connection with the application process.
[Added 11-30-2005 by Ord. No. 2005-25; amended 12-11-2006 by Ord. No. 2006-26; 2-26-2007 by Ord. No. 2007-1]
A.
CRIMINAL HISTORY RECORD BACKGROUND CHECK
DEPARTMENT
VOLUNTEER
YOUTH-SERVING ORGANIZATION
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A determination whether a person has a criminal record by
cross-referencing that person's name and fingerprints with those on
file with the Federal Bureau of Investigation, Identification Division,
and the State Bureau of Identification of the Division of State Police.
The Township of Andover Police Department.
A person who has direct, nonsupervised and ongoing interaction
in the course of his/her service with minors. This includes but is
not limited to a coach, assistant coach and manager of a team.
Any corporation, association or other organization which
provides recreational, cultural, charitable and social activities
for persons younger than 18 years of age.
B.
Request for criminal background check; costs.
(1)
The Township requires that all employees and volunteers
of a youth-serving organization, as a condition of utilizing Township
facilities, request through the Department that the State Bureau of
Identification in the Division of State Police conduct a criminal
history record background check on each prospective and current employee
or volunteer of the organization.
(2)
The Division of State Police shall inform the Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense as specified in Subsection C of this section.
(3)
The Township shall conduct a criminal history record
background check only upon receipt of the written consent to the check
from the prospective or current employee or volunteer.
(4)
The organization shall bear the costs associated with
conducting criminal history background checks in accordance with the
fees established by the State Bureau of Investigation in the Division
of State Police.
C.
Conditions under which person is disqualified from
service. A person may be disqualified from serving as an employee
or volunteer of a nonprofit youth-serving organization if that person's
criminal history record background check reveals a record of conviction
of any of the following crimes and offenses:
(1)
In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the 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. or N.J.S.A. 2C:15-1 et seq.
(b)
Against the family, children or incompetents,
meaning those crimes and disorderly persons offenses set forth in
N.J.S.A. 2C:1.4-1 et seq.
D.
Submissions; exchange of background check information.
(1)
Prospective or current employees and volunteers of
youth-serving organizations shall submit their name, address, fingerprints
and written consent to the organization for the criminal history record
background check to be performed. The organization shall submit this
documentation to the Andover Township Chief of Police, who shall coordinate
the background check.
(2)
The Department shall act as a clearinghouse for the
collection and dissemination of information obtained as a result of
conducting criminal history record background checks pursuant to this
section.
(3)
Nothing in this chapter shall restrict a prospective
or current employee or volunteer of a youth-serving organization from
participating in such organization once the background check information
has been submitted to the State Police and prior to the Township receiving
the results of said background check.
(4)
The Chief of Police or his designee shall coordinate
a criminal history record background check every three years after
the initial check is performed.
E.
Limitations on access and use of criminal history
record information.
(1)
Access to criminal history record information for
noncriminal justice purposes, including licensing and employment,
is restricted to authorized personnel of the youth serving organization,
on a need-to-know basis, as authorized by federal or state statute,
rule or regulation, executive order, administrative code, local ordinance
or resolution regarding obtaining and dissemination of criminal history
record information obtained under this section.
(2)
Such persons or organizations shall limit their use
of criminal history record information solely to the authorized purpose
for which it was obtained, and criminal history record information
furnished shall not be disseminated to persons or organizations not
authorized to receive the records for authorized purposes. Use of
this record shall be limited solely to the authorized purpose for
which it was given, and it shall not be disseminated to any unauthorized
person. This record shall be destroyed immediately after it has served
its intended and authorized purpose. Any person violating the federal
or state regulations governing access to criminal history record information
may be subject to criminal and/or civil penalties.
F.
Employee or volunteer may challenge accuracy of report.
If this criminal history record may disqualify an applicant for any
purpose, the person making the determination shall provide the applicant
with an opportunity to complete and challenge the accuracy of the
information contained in the criminal history record. The applicant
shall be afforded a reasonable period of time, not to exceed 30 days,
in which to correct and complete this record. A person is not presumed
guilty of any charges or arrests for which there are no final dispositions
indicated on the record.
G.
Evidence of affirmative rehabilitation. Notwithstanding
anything herein to the contrary, if such prospective employee's or
volunteer's criminal history record background check reveals a disqualifying
offense, but such person has affirmatively demonstrated rehabilitation,
such rehabilitation may be considered as a factor in the determination
of whether or not to disqualify such individual from service.
H.
Exemptions. The Township shall only permit the following
exemptions under this chapter:
(1)
Any person who, by virtue of his or her occupation,
is required by statute to undergo a federal and state criminal history
record background check similar in nature to the requirements contained
herein, and who can provide proof of the results of such background
check, is exempt from the requirement hereunder until three years
have elapsed since the most current background check.
(2)
Any police officer actively employed on a full-time
basis by either the State of New Jersey, or a county or municipality
thereof, is exempt from the requirement hereunder.
I.
Township assistance. In the event the State Police
will not perform the criminal history background check for the youth-serving
organization which utilizes Township facilities, the Township may
submit the application for state and federal criminal history background
checks on its behalf. The youth-serving organization shall pay all
fees associated with the criminal history background checks.
J.
Remedies for breach by youth-serving organizations.
Any violation of this chapter by a youth-serving organization is considered
a serious threat to the health and life of the youth of the Township.
As a result, upon violation, the Township may suspend or terminate
use of Township facilities, and the youth-service organization and
the officer who executed the affidavit shall be subject to fines and
other penalties. In determining the remedy such factors as whether
the breach was intentional, the severity of the noncompliance, and
the good-faith steps taken to cure the violation should be considered.