City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents

§ 60-23 Basis for employment by City generally.

[Amended 1-27-1975 by Ord. No. 3-1975]
Employment in the City government shall be based on merit and fitness, free of personal and political considerations, and without regard to race, religion, creed or color.

§ 60-24 Use of competitive tests and civil service procedures.

[Amended 1-27-1975 by Ord. No. 3-1975]
Appointments, promotions and other personnel actions in the City government requiring the application of the merit principle shall be based on systematic tests or evaluations which shall be processed through civil service procedure where applicable.

§ 60-25 Factors determining continuity of employment.

[Amended 1-27-1975 by Ord. No. 3-1975]
Continuity of employment covered by this chapter shall be subject to good behavior, the satisfactory performance of work, the City's need for having work done and the availability of funds.

§ 60-26 New appointments.

[Amended 1-27-1975 by Ord. No. 3-1975]
Subject to civil service rules, new appointments shall be made by the Mayor on the basis of background and qualifications for the position to be filled. Applicants shall be requested to supply any information pertinent to the applicant's suitability, experience and competence to perform the duties of the position, on forms devised under the supervision of the Personnel Division, but the inquiry shall not include reference to race, religion or political affiliation. Unless otherwise waived by the Mayor, the department head shall require a physical examination prior to temporary or permanent appointment. Each department head shall list and file with the City Clerk as soon as feasible after adoption of this chapter the titles and positions for which physical examinations are required, together with a general set of standards which applicants will be expected to meet pertaining thereto. New appointees shall commence service at the minimum salary provided for the range. Where, by reason of competitive conditions or any special or unusual duties pertaining to the particular position, a salary higher than the minimum is indicated, a written statement setting forth the justification therefor shall be submitted to the Personnel Division for recommendation to the Mayor and City Council for their consideration prior to appointment.
Where new appointments are temporary, subject to civil service, then the employee shall not be entitled for the initial three months to the benefits provided in this chapter for vacation and sick leave pay.

§ 60-27 Permanent appointments.

Prior to permanent appointments, the performance and background of the employee shall be investigated and reviewed. Such appointment shall be subject to rejection by the department head for any of the following reasons:
Demonstrated lack of qualifications or fitness, physically, mentally or emotionally, for the position.
Habitual use of drugs, intoxicants or other habit-forming substances which would be likely to affect the ability of the applicant to perform his duties.
Conviction of a criminal offense, disorderly persons act offense or dishonorable discharge from military service which reflects on his suitability to perform his duties and work with other employees.
Dismissal from previous employment for misconduct of a character and nature which casts doubt on his ability to perform his duties and work with other employees.
Fraud or misrepresentation in securing temporary or permanent appointment.
The department head shall advise the Mayor and City Council of any information pertaining to the employee which shall bear on his qualifications or suitability for permanent employment.

§ 60-28 Promotions.

To the extent practicable and subject to the provisions contained in the civil service rules, promotions to a higher grade shall be made from personnel serving in a lower category who can demonstrate their qualifications for appointment. The employee's progress report shall be reviewed and considered prior to the making of a promotional appointment. The salary upon promotion shall be either the minimum salary of the new range or the old salary of the employee plus 1/5 of the new range, whichever provides the higher starting salary.

§ 60-29 Termination of employment other than for disciplinary reasons.

[Amended 6-28-1971 by Ord. No. 32-1971]
Termination of employment, other than temporary employment and for disciplinary reasons, shall be upon a minimum notice of 45 days when initiated by the City. Termination of temporary employment shall be upon a minimum notice of 10 days when initiated by the City. All employees shall be required to provide two weeks' notice. Failure of an employee to provide the requisite notice shall be cause for a disciplinary hearing and withholding of any moneys due the terminating employee until the outcome of the hearing and deduction of any fine found due and owing from the moneys otherwise due the employee. Where the employee submits his resignation in writing and no disciplinary proceedings are pending, the employee's record shall show that he resigned in good standing, unless within three days of receipt of the letter of resignation, or if the resignation is oral, within three days of the department head having knowledge thereof, the department head notifies the resignee by letter of his intention to attach to the record that the resignee is not in good standing and the reasons therefor. The employee shall have the right to appeal therefrom in the same manner as in a disciplinary proceeding.