The City Council hereby establishes the principles set forth in this chapter as the personnel policy of the City.
This chapter shall govern the personnel policies and practices of all City employees except as provided elsewhere in this chapter.
Every effort shall be made to stimulate high morale in the City government by fair administration of this chapter and by every consideration of the rights and interests of employees consistent with the best interests of the public and the City.
No employee shall directly or indirectly use or seek to use his authority or official influence to control or modify the political action of another person or during the hours of duty engage in any political activity. At any other time he may not participate in political activities or campaigns so as to impair his usefulness in the position in which he is employed. Nothing in this section shall prevent an employee from becoming or continuing to be a member of any political party or holding a position therein, from being a member of any club or organization, attending political meetings, expressing views on political matters in private outside of working hours and off City property, or voting with complete freedom in any election. Employees shall refrain from seeking or accepting nomination for an elective office of the City, except county committee posts, without first resigning or obtaining a leave of absence. Employees shall refrain from making statements for the public press or at meetings attended by the public for or against any municipal candidate for public office. This shall not be construed to prevent an employee or official from making any statement appropriate to the proper conduct of the City affairs to which his position or office relates.
The term "employee," as used in this section, shall include all compensated personnel of the City except elected officials and appointive members of boards or commissions whose only compensation from the City is by reason of such service.
The Mayor shall promulgate, after securing the advice and recommendations of the department heads, such other and further provisions governing personnel administration and operation as he shall deem appropriate and necessary. All such regulations shall be in writing and available on request to any employee asking for a copy of same. Regulations shall govern such matters as traveling expenses, accident reports, outside employment, emergency procedures and any other matter governing responsibilities and benefits of employment not specifically set forth under this chapter. A copy of such regulations shall be provided every department head, and a copy shall be filed with the City Council.
[Amended 1-27-1975 by Ord. No. 3-1975]
A personnel record file shall be kept for each employee in the office of the Chief Personnel Officer, in which shall be retained a copy of all forms sent to the civil service, all resolutions of the City Council specially relevant to the particular position or employee (other than general salary ordinances and resolutions), employee's progress reports and employee's submittals, records of disciplinary proceedings and such information as is available pertaining to overtime, tardiness, sick leave, vacation information and promotional recommendations.
Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the City government.
Unless otherwise ordered by the City Council, all disciplinary hearings, including those held under Civil Service Rules 58 and 59, shall be conducted before the department head as the hearing officer. All such proceedings shall be initiated by a written notice to the employee, delivered to his or her last home address as shown on the employment records of the City, with an additional copy sent to any other place known to the department head where the employee would be likely to receive the same. For proceedings under Rule 59 or, whenever the employee so requests in writing addressed to the department head, under Rule 58, within 10 days after mailing of the notice, a hearing shall be held by the department head within 30 days from the date of the original notice. The employee shall be entitled at the hearing to produce witnesses in his own defense, be represented by counsel and have access to records as may be necessary to protect his interest, but not to records involving employees other than himself.
The department head shall, within one week from the date of hearing, cause the employee to be served with a final notice of disciplinary action setting forth the results of the hearing and the nature of any fine, demotion, suspension or other penalty imposed. Such final order shall become effective 14 days from the date of such hearing, unless the employee within that time files with the Mayor a notice of appeal from the decision of the department head as herein provided. In the event that a notice of appeal is filed with the Mayor, such final order shall constitute an interim order pending a hearing and determination by the Mayor. Notwithstanding the rights of appeal to the Civil Service Commission, the employee may request a hearing by the Mayor, and a copy of the record of the proceedings before the department head and the Mayor shall be retained as part of the personnel file.
The Mayor shall, within 15 days from the date upon which he receives notice of appeal in accordance with § 60-8, hold a hearing in which the employee shall have the same procedural rights as set forth in § 60-8. The hearing shall consist of a review of the transcript of proceedings before the department head, unless the Mayor elects to hold a de novo hearing. Within seven days from the date of such hearing, the Mayor shall cause the employee to be served with final notice of disciplinary action. All determinations by the Mayor shall be final, subject to such rights of appeal as the employee may have to the Civil Service Commission under the rules of the Commission and statutes governing the same.
[Amended 4-12-1982 by Ord. No. 20-1982; 9-10-1984 by Ord. No. 41-1984]
In the event that there shall be a vacancy for any reason in any unclassified official position as set forth more fully in this Chapter 60, § 60-17, of the Code of the City of East Orange, the Mayor may appoint an acting unclassified official for a period not to exceed 45 days to fill the vacancy. Within 45 days of continuous service of an acting unclassified official, the appointment of the acting unclassified official shall be reviewed by City Council. The City Council may determine by resolution to allow the appointee to continue as an acting unclassified official for a term not to exceed that set forth in the resolution. Should the City Council fail to act within 45 days of the date of appointment, or should the City Council decline to continue the appointment of the acting official, the employment of the official in the acting position shall terminate automatically. Acting unclassified officials shall receive compensation as set forth in the annual City Official Salary Ordinance for the vacant City official position.
In the absence of a division head, requiring appointment of an acting division head, such acting division head shall, after three months of continuous service in that position, receive compensation of not less than the minimum established for the range of the division head and not more than the current salary received by the absent division head, at such annual rate as may be designated by the Mayor within the aforesaid range.