[HISTORY: Adopted by the Town Council of the Town of Phillipsburg 9-9-1975 by Ord. No. O:75-32 (Ch. 41 of the 1969 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 5.
Defense and indemnification — See Ch. 27.
Drug-free workplace — See Ch. 32.
Code of Ethics — See Ch. 53.
Fire Department — See Ch. 58.
Police Department — See Ch. 105.
Sexual discrimination; sexual harassment — See Ch. 129.
Volunteer organizations — See Ch. 140.
It is the aim of the Town of Phillipsburg to establish a uniform and equitable system of municipal personnel administration and to obtain for each position the best qualified person available without regard to race, marital status, creed, color, political affiliation, sex or national origin.
As used in this chapter, the following terms shall have the meanings indicated:
APPOINTING AUTHORITY
The Business Administrator acting under the provisions of this chapter, the Administrative Code of the Town of Phillipsburg and applicable state laws.
BENEFITS
Privileges granted to officers, employees and their dependents, in the form of such things as vacation leave, sick leave, overtime pay, holidays or group insurance benefits or protection.
FULL-TIME EMPLOYMENT
Employment engaged in for that number of hours which make up the regularly scheduled workweek as set forth in § 100-8.
PART-TIME EMPLOYMENT
Employment regularly engaged in on a scheduled, but less than full-time, basis.
PERMANENT EMPLOYMENT
Employment after completion of the initial probationary period regularly engaged in on a full-time or part-time basis.
PROVISIONAL EMPLOYMENT
Employment in a permanent position pending the regular appointment of an eligible person from an employment list.
TEMPORARY EMPLOYMENT
Employment which is during an emergency situation for a short duration or in a temporary position for a period of not more than four months and compensated for on an hourly basis.
A. 
All officers and positions in municipal employment now existing or hereinafter created shall be subject to the provisions of §§ 100-4 through 100-7.
B. 
The following offices and positions shall be wholly exempt from the provisions of this chapter:
(1) 
Officials elected by the people.
(2) 
Members of Council-appointed commissions.
C. 
Those employees who are subject to the provisions of civil service statutes or negotiated collective bargaining agreements shall be exempt from those provisions of this chapter which are inconsistent with such statutes or agreements.
D. 
The salary, appointment and removal of the Business Administrator shall be established by the Council independently of the compensation plan herein set forth.
E. 
The appointment and removal of the Town Attorney and Town Clerk shall be by action of the Town Council without regard to §§ 100-4, 100-17 and 100-18.
All appointments in the municipal service shall be made according to merit and fitness by the Business Administrator, with due regard to applicable sections of the state civil service statute.
A. 
The provisions of this section shall apply alike to all employees of the Town, regardless of the time of the creation of the office or the time of appointment of said employee.
B. 
The Council must formally approve the creation of any new position and adopt a position classification plan covering all classified employees of the Town. In addition, there must be provided in the proper current budget, specific and adequate funds to compensate such employees.
C. 
When a vacancy in the adopted position classification plan exists or a new position is created on a permanent full-time basis, the appropriate department director shall give a minimum of 10 days' notice to all present employees of the Town that a vacancy exists so that they may have an opportunity to apply for such position if qualified.
D. 
Whenever possible, and with due regard for merit and fitness, the appointing authority shall avoid the appointment of any person related to any elected or appointed officer or employee of the Town. A person shall be regarded as "related," as used in this subsection, if such person is a brother, sister, spouse or lineal ancestor or descendent of the prospective employee, or the husband or wife of such person.
E. 
Before appointments are made, department directors shall develop a recommendation for a person to fill the position which shall contain the background and qualifications of the proposed appointee and such other information as the Business Administrator may require.
F. 
All persons appointed as permanent, full-time employees shall undergo a physical examination by a physician designated by the Town prior to completion of the required probationary period.
G. 
All appointments shall be referred to the Business Administrator for final action, including the proposed effective day of employment, the proposed classification of the appointee and the amount of salary recommended to be offered.
H. 
After appointment by the Business Administrator, the Municipal Clerk will notify the appointee to report to the Municipal Clerk's office for the completion of necessary application forms, formalities and other documents required.
I. 
The Municipal Clerk will check all papers for completeness and set up a personal history file for each employee which shall contain information on employees' backgrounds, qualifications and other such information as the Business Administrator may direct.
J. 
All new employees, or old employees transferred to new positions, must serve the probationary or working test period prescribed by civil service. The probationary period shall be regarded as an integral part of the examination process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of the employee to his position and for rejecting any employee whose performance does not meet the required work standards. Thirty days prior to the expiration of the probationary or working test period the department director shall submit a written evaluation on a form prescribed by the Business Administrator of the employee's performance and suitability for permanent appointment. During the probationary period employees shall not be considered as earning seniority or tenure and gain no permanent status.
K. 
Vacancies in temporary positions may be filled by the Business Administrator without a medical examination. No temporary employment shall be construed to confer tenure of office on the employee, and he may be terminated at any time.
L. 
Residency.
[Added 9-23-1980 by Ord. No. O:80-9[1]]
(1) 
Residence requirements of officers and employees. Unless otherwise provided by law, all officers and employees employed by the Town of Phillipsburg after the effective date of this chapter shall be bona fide residents therein. A "bona fide resident," for the purpose of this act, is a person having a permanent domicile within the local unit and one which has not been adopted with the intention of again taking up or claiming a previous residence acquired outside of the local boundaries.
(2) 
Eligibility of applicants for civil service classified service. Unless otherwise provided by law, all applicants for positions and employments in the classified civil service area shall be bona fide residents of the Town of Phillipsburg after the effective date of this chapter.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Duty of the hiring authority. It shall be the duty of the hiring authority to ensure that all employees hired after the effective date of this chapter shall remain bona fide residents of the Town of Phillipsburg. Failure of any such employee to maintain residency in the Town of Phillipsburg shall be cause for removal or discharge from service.
(4) 
Unavailability of qualified residents.
(a) 
When the appointing authority of the Town of Phillipsburg has determined that there cannot be recruited a sufficient number of qualified residents for available specific positions or employments, the appointing authority shall advertise for other qualified applicants. Classification of qualified applicants in such instances shall be determined in the following manner.
[1] 
Other residents of the county in which the municipality is situate.
[2] 
Other residents of counties contiguous to the county in which the municipality is situate.
[3] 
Other residents of the state.
[4] 
All other applicants.
(b) 
All appointments shall be made in the order of preference established hereinabove, except subject to preferences granted pursuant to any other provisions of the law.
(5) 
Special talent positions.
(a) 
Whenever the appointing authority shall determine that there are certain specific positions and employments requiring special talents or skills which are necessary for the operations of the Town of Phillipsburg and which are not likely to be found among the residents of the Town of Phillipsburg, such positions or employments so determined shall be filled without reference to residency.
(b) 
Such provisions shall set forth the formal criteria pursuant to which such positions and employments shall be so determined. The criteria shall be established by the appointing authority as the need shall so exist from time to time.
(6) 
Preference in promotion. Promotion preference shall be given to a bona fide resident of the Town of Phillipsburg. When promotions are based upon merit, as properly determined, a bona fide resident shall be given preference over a nonresident in any instance when all other measurable criteria are equal. Such preference under this section shall in no way diminish, reduce or affect the preference granted pursuant to other law.
[1]
Editor's Note: This ordinance also provided that "nothing contained in this ordinance shall require residency in the Town where a state statute would allow otherwise."
A. 
Establishment of plan. A position classification plan for all positions covered by the provisions of this chapter is hereby established. All positions shall be grouped into classes having a definite range of difficulty and responsibility. For each class or position there shall be:
(1) 
A class title describing the duties of the position within the class.
(2) 
A written class specification which will contain a description of the nature of the work and the relative responsibility of the positions in the class.
(3) 
Examples of work which are illustrative of duties of positions allocated to the class.
(4) 
Requirements as to the knowledge, abilities and skills necessary for performance of the work.
(5) 
A statement of experience and training desirable for recruitment into the class.
B. 
Allocation of new positions. When a position is newly created for which no appropriate class exists, or when the duties of an existing position are sufficiently changed so that no appropriate class exists, the Town Council, after recommendation of the Business Administrator, shall create a new class and shall cause an appropriate class specification to be written for said class.
C. 
Review of plan. As often as necessary to assure continued correct classifications, the position classification plan shall be reviewed by the Business Administrator, and necessary adjustments shall be recommended to the Town Council.
D. 
Filing of plan. Upon adoption of this chapter, a copy of the position classification plan currently made up as a result of civil service classifications and heretofore approved by the Town Council shall be placed on file with the Town Clerk. The plan so filed and subsequently adjusted by the Business Administrator and the Council shall be the official classification plan of the Town of Phillipsburg.
A compensation plan for all positions subject to this chapter is hereby established.
A. 
Elements of plan.[1]
[1]
Editor's Note: The current elements of the compensation plan are on file in the office of the Town Clerk.
B. 
Modification of plan. Council reserves the right to modify any or all of the pay ranges or position classification assignments as set forth in said pay plan at any time.
C. 
Individual pay rates.
(1) 
The normal and beginning pay rate for a new employee will be the initial or designated step in the established range for the classification title. The Mayor may, in special cases, establish a beginning rate above the initial step in the established range. Increments within an established range are to be provided as a means of recognizing outstanding performance and continued good service. Employees who successfully complete their initial probationary period may be given one step increment at that time, at the discretion of the Mayor, and shall receive consideration for additional increments annually thereafter. Such annual increments will not be awarded on an automatic basis, but shall be contingent upon merit, performance, recommendation of the employee supervisors and the approval of the Mayor. Increases at any one time will generally be limited in amount to one established pay range step, but increases of two or more pay range steps may, upon the recommendation of the Mayor and the approval of the Council, be given in special cases.
[Amended 3-7-2000 by Ord. No. O:2000-04]
(2) 
None of the increases provided for in this section shall be made so as to compensate any employee an amount exceeding the maximum step in any pay range.[2]
[2]
Editor's Note: Former § 41-6C(3), regarding the Chief of Police, which previously followed this subsection, added 3-21-2000 by Ord. No. O:2000-11, was repealed 3-1-2005 by Ord. No. O:2005-11.
(3) 
Chief of Police amount to be determined pursuant to recommendation of Mayor.
[Added 10-4-2005 by Ord. No. O:2005-34[3]]
[3]
Editor's Note: This ordinance provided that it shall be retroactive to 6-1-2005.
D. 
All permanent full-time salaried and hourly employees shall receive an automatic service increase of one increment for their respective classification upon reaching five years of employment with the Town of Phillipsburg and an additional service increase of the same amount for their classification for each five-year period of employment thereafter.
[Amended 8-9-1977 by Ord. No. O:77-9]
(1) 
Titles and service increments.
[Amended 7-17-1984 by Ord. No. O:84-20; 6-3-1986 by Ord. No. O:86-17; 5-16-1989 by Ord. No. O:89-14; 5-15-1990 by Ord. No. O:90-7; 10-6-1998 by Ord. No. O:98-20; 2-2-1999 by Ord. No. O:99-01; 3-1-2005 by Ord. No. O:2005-11; 12-18-2007 by Ord. No. O:2007-23]
(a) 
The schedule of longevity increments for noncontractual employees is to be determined pursuant to AFSCME contract.
(2) 
The schedule of titles and longevity increments for patrolmen and officers in the Police Department shall be in accordance with the terms of the current agreement between the Town of Phillipsburg and PBA Local No. 56.
(3) 
The schedule of titles and longevity increments for members of AFSCME, District Council No. 73 bargaining unit, shall be in accordance with the terms of the current agreement between the Town of Phillipsburg and the union.
[Amended 4-8-1980 by Ord. No. O:80-2; 6-3-1986 by Ord. No. O:86-17[1]]
A. 
The salary range established for a class shall represent the total remuneration for full-time employment in the class, but shall not be considered as reimbursement for official travel or other expenses which may be allowed for the conduct of official business. Unless approved by the appointing authority, no employee shall receive pay from the municipality in addition to the full-time salary, including service increments, authorized for any position or positions to which he has been appointed. This shall not operate to prevent employees from working in more than one position when properly authorized and approved by the Business Administrator. All department/division heads shall be reimbursed for all tuition and all books for job-related schooling.
B. 
Employees required to use their personal vehicle for work-related travel shall be reimbursed at the rate of the United States Government Internal Revenue Service equivalent on allowance per mile for work related automobile use. This rate shall be fixed annually on January 2 of each year.
[1]
Editor's Note: This ordinance also provided that it shall be retroactive to 1-1-1986.
A. 
Accurate and complete time and attendance records will be maintained by each departmental unit of the Town of Phillipsburg. The head of the department will certify as to the accuracy of the daily work and attendance record.
B. 
All Town employees are to be at their assigned posts or point of duty ready for work as specified by the department head, with prior approval of the Business Administrator, unless on vacation, leave of absence or other absence for good cause. Recurring or chronic tardiness shall be referred to the director of the department for appropriate action by the director and Business Administrator.
C. 
It is the responsibility of each employee to notify his department head without delay if he will be absent from or delayed in reaching his assigned post and give the reason for the absence or delay. If unable to reach the department head, the Business Administrator shall be notified. Failure to report when absent is a serious offense which cannot be tolerated and may lead to disciplinary action or dismissal.
D. 
Lunch periods and break periods shall be specified by the employee's direct supervisor with approval by the director and Business Administrator making certain that duty stations will be covered at all times during such periods.
E. 
The normal workweek for employees shall be 40 hours and shall usually consist of five working days of eight hours each in any seven-day period for a total of 2,080 working hours per year.
[Amended 8-9-1977 by Ord. No. O:77-9]
A. 
The following days will be considered as holidays for all municipal employees not members of a recognized bargaining unit. The municipal offices will be closed and all normal operations suspended, except those necessary to protect the public health and safety, on:
New Year's Day
January 1
Martin Luther King Day
[Amended 6-3-1986 by Ord. No. O:86-17[1]]
Third Monday in January
Lincoln's Birthday
February 12
Washington's Birthday
Third Monday in February
Good Friday
Friday before Easter Sunday
Easter Sunday
[Added 4-8-1980 by Ord. No. O:80-2]
Memorial Day
Fourth Monday in May
Independence Day
July 4
Labor Day
First Monday in September
Columbus Day
Second Monday in October
Veterans Day
November 11
General Election Day
First Tuesday after the first Monday in November
Thanksgiving Day
Fourth Thursday in November
Christmas Day
December 25
[1]
Editor's Note: This ordinance also provided that it shall be retroactive to 1-1-1986.
B. 
Employees required to work on any of these holidays will receive, in addition to their regular pay for the day, additional compensation at 1 1/2 times their regular base rate for each authorized hour worked. When such holiday falls on a Saturday or Sunday, it shall be observed on the preceding Friday or the following Monday. In the event that a holiday is observed during an employee's vacation, he shall be entitled to an additional vacation day, and should a holiday occur while an employee is on sick leave, he shall not have the holiday charged against his sick leave.[2]
[2]
Editor's Note: Former § 41-9C, regarding the Chief of Police, which previously followed this subsection, added 3-21-2000 by Ord. No. O:2000-11, was repealed 3-1-2005 by Ord. No. O:2005-11.
A. 
Overtime will be kept to a minimum and shall only be authorized in case of an emergency in advance by the Business Administrator. A record of all overtime work shall be noted on the daily work and attendance record for each pay period.
B. 
The following described full-time positions do not provide for the payment of overtime: Business Administrator, Municipal Clerk, Chief Financial Officer, Tax Collector, Tax Assessor, Construction Official, Superintendent of Recreation, Public Works Superintendent, Community Development Director, Municipal Court Administrator and Chief of Police.
[Amended 6-3-1986 by Ord. No. O:86-17; 12-15-1987 by Ord. No. O:87-38; 6-6-2006 by Ord. No. O:2006-24]
C. 
Authorized overtime will be at the rate of 1 1/2 times the equivalent hourly rate and will be paid to all municipal employees, except those appointed to positions stated in Subsection B above, for work performed in excess of the official workweek.
D. 
Members of recognized bargaining units shall be compensated as set forth in the current collective bargaining agreement with the unit.
[Amended 8-9-1977 by Ord. No. O:77-91]
E. 
Overtime shall be computed on the basis of the number of hours actually worked in a workweek in excess of the number of working hours in the regular workweek for the position involved and shall be paid in cash or in compensatory time off.
A. 
Annual vacation.
(1) 
Rate of accumulation.
[Amended 8-9-1977 by Ord. No. O:77-9; 12-15-1987 by Ord. No. O:87-38; 3-21-2000 by Ord. No. O:2000-11; 8-7-2001 by Ord. No. O:2001-15]
(a) 
Noncontractual employees amount to be determined pursuant to AFSCME contract.[1]
[1]
Editor's Note: Former § 41-11A(1)(b), regarding the Chief of Police, which previously followed this subsection, added 3-21-2000 by Ord. No. O:2000-11, was repealed 3-1-2005 by Ord. No. O:2005-11.
(2) 
Employees may carry over one year of annual vacation leave into the following calendar year.
[Amended 7-17-1984 by Ord. No. O:84-20; 12-18-2007 by Ord. No. O:2007-23]
(3) 
An employee who is retiring or who has otherwise been separated shall be entitled to the vacation allowance for the current year prorated upon the number of months worked 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.
(4) 
All employees shall receive one additional vacation day per year, which shall be used on the day after Thanksgiving. Employees who are required to work on that day shall be entitled to use the additional vacation day at some other time. Employees who work by mutual agreement shall be entitled to use the additional vacation day at some other time.
[Added 5-12-1981 by Ord. No. O:81-12]
(5) 
All employees shall take at least one full week a year for their scheduled vacation.
[Added 7-17-1984 by Ord. No. O:84-20]
B. 
Sick leave with pay.
(1) 
"Sick leave" is defined to mean absence from duty of the employee because of illness or injury by reason of which such employee is unable to perform the usual duties of his position, exposure to contagious disease or a short period of emergency attendance upon a member of his immediate family critically ill and requiring the presence of such employee. "Member of the immediate family" is interpreted as meaning a father, mother, spouse, child, foster child, sister or brother of the employee. It shall also include relatives of the employee residing in the employee's household.
(2) 
Sick leave shall not be interpreted as including an extended period where the employee serves as a nurse or housekeeper during a protracted illness of a member of the family.
(3) 
Employees who work on a permanent, full-time basis shall be entitled to the following sick leave allowance: one working day's sick leave with pay for each month of service from the date of permanent, full-time-basis employment up to and including December 31 next following such date of appointment and 15 days' sick leave with pay for each calendar year thereafter earned at the rate of 1 1/4 days per month.
(4) 
Unused sick leave may be accumulated without limitation for use, as needed.
(5) 
Sick leave for a period greater than three consecutive days or totaling more than 10 days in one year may be granted only on the certificate of the attending physician, except that sick leave claimed by reasons of a quarantine or exposure to a contagious disease may be approved on the certificate of the local Department of Health, and in case of a death in the family, upon such reasonable proof as the Business Administrator may require.
(6) 
No employee while on sick leave shall be elsewhere or otherwise employed or engaged in outside work or employment whatsoever, and claiming sick leave when mentally and physically fit, except as permitted in this section, may be cause for disciplinary action, including but not limited to transfer, suspension, demotion or dismissal.
(7) 
Employees, at their option, may be paid for 50% of their unused annual sick leave no later than February 15 of the succeeding year. The remaining 50% of their unused sick days shall accumulate from year to year without limitation. At the time of retirement, a full-time employee shall receive payment for unused sick leave, which shall be determined pursuant to AFSCME contract.[2]
[Amended 4-8-1980 by Ord. No. O:80-2; 6-3-1986 by Ord. No. O:86-17;[3]; 12-18-2007 by Ord. No. O:2007-23]
[2]
Editor's Note: Former § 41-11B(7.1), regarding the Chief of Police, which previously followed this subsection, added 3-21-2000 by Ord. No. O:2000-11, was repealed 3-1-2005 by Ord. No. O:2005-11.
[3]
Editor's Note: This ordinance also provided that it shall be retroactive to 1-1-1986.
(8) 
Sick leave with pay will not be allowed under the following conditions:
[Added 7-17-1984 by Ord. No. O:84-20]
(a) 
If the employee, when under medical care, fails to carry out the order of the attending physician.
(b) 
If, in the opinion of the Town Physician, the employee is ill or disabled because of self-inflicted wounds, alcoholism or the use of nonprescription habit-forming drugs.
(c) 
Sick leave shall not be allowed for such things as ordinary dental care or for nonmedical professional services.
(9) 
Sick leave shall not be used in conjunction with vacation or personal days, with the intent to extend time away from duty.
[Added 7-17-1984 by Ord. No. O:84-20]
C. 
Disability leave with pay.
(1) 
An employee who is disabled by an injury incurred in the direct performance of his duty, or by reasons as a direct result of or arising out of his employment, shall not have such absence charged against his sick leave; all other provisions regarding absence on account of sickness or disability shall apply.
(2) 
Any employee on sick leave or disability leave and receiving his normal compensation who, in addition, qualified for payments in the workmen's compensation weekly benefits shall, during the period he is receiving such weekly benefits, be entitled only to that portion of his regular salary which with the workmen's compensation payments equals his normal salary.
(3) 
Nothing herein contained shall be considered to be in derogation of or restrictive of any statute now in effect limiting the period during which municipal employees may be compensated for leave on account of disability or of illness, but these provisions are to be construed and administered in conjunction therewith.
[Amended 6-6-2006 by Ord. No. O:2006-24]
D. 
Military leave. A full-time, permanent employee who is a member of the National Guard or Naval Militia or of the Military Naval Forces of the United States and is required to undergo field training therein shall be granted a leave of absence with pay for the period of such field training. This leave shall be in addition to the annual vacation leave.
E. 
Maternity leave. Maternity leave may be granted up to one year, provided that the request for such leave is made in writing on a form approved by the Business Administrator to the director of the department not later than the fourth month of pregnancy. Requests for maternity leave must be favorably endorsed by the Business Administrator before becoming effective. Such leave, if granted, shall be without pay and in compliance with the rules and regulations governing civil service employment and membership in the Public Employees' Retirement System, if applicable. During this leave of absence, the Town will continue to pay all medical benefits.
[Amended 7-17-1984 by Ord. No. O:84-20]
F. 
Funeral leave.
[Amended 4-8-1980 by Ord. No. O:80-2; 6-3-1986 by Ord. No. O:86-17[4]; 12-18-2007 by Ord. No. O:2007-23]
(1) 
All permanent employees shall be entitled to five working days' leave without loss of pay for the death of spouse, child (biological, adopted, foster child, stepchild or legal ward), mother, father, brother or sister.
(2) 
All permanent employees shall be entitled to three working days' leave with pay because of a death in the employee's immediate family. "Immediate family" is defined to mean great-grandparents, grandparents, great-grandchildren, grandchildren, mother-in-law, father-in-law or any relative living in the employee's household.
(3) 
All permanent employees shall be entitled to two working days' leave without loss of pay to attend the funeral of anyone in the nonimmediate family. "Nonimmediate family" is defined to mean aunt, uncle, niece, nephew, brother-in-law and sister-in-law.
(4) 
Stepfamily members shall be included in each category.
(5) 
Such leave shall not be accumulated in the event that it is not used. Attendance at funerals is mandated in order to receive the benefit.
(6) 
In the event of a tragedy where there are multiple deaths within a member's family at the same time, the employee shall be entitled to and receive the allotted time off for bereavement for each family member.
[4]
Editor's Note: This ordinance also provided that it shall be retroactive to 1-1-1986.
G. 
Leave without pay. Leave without pay shall be granted only to employees employed on a permanent, full-time basis. It shall be granted only when an employee has utilized his accumulated sick and vacation leave, in the case of illness, or his vacation leave. If an employee wishes leave without pay, it must be initiated by the employee, favorably endorsed by the director of the department for whom the employee works, and approved by the Business Administrator before becoming effective. Leave may be granted for a period not exceeding six months and may be extended for an additional period of six months. However, no leave of absence shall be granted to any employee for the purpose of trying a new field of endeavor. No benefits shall accrue during leave of absence without pay except as otherwise required by law for military leave.
H. 
All employees not covered by collective bargaining units shall receive one personal day per year. Such leave shall not be accumulative in the event that it is not used.
[Added 7-14-1981 by Ord. No. O:81-22]
I. 
Requests for leave. Requests for any type of leave shall be made on the prescribed form, and whenever possible shall be made far enough in advance to permit approval by the Business Administrator, and at the same time permit coverage for the particular employment so that municipal services do not suffer.
[Added 12-15-1987 by Ord. No. O:87-38]
Employees may elect to retain full insurance coverage under COBRA upon termination of employment, at their own expense, for a period of 18 months.
A. 
An employee may resign from his position by tendering a written resignation to his director, giving a minimum of two weeks' notice before the effective date of his resignation, who, in turn, shall forward it to the Business Administrator. Unless there are disciplinary charges pending against the employee, the Municipal Clerk shall notify the employee in writing of acceptance of his resignation in good standing. Failure to give proper notice will result in loss of vacation and sick credits.
B. 
Unauthorized absence from work for a period of three working days may be considered by the department head as a resignation without benefits.
Disciplinary actions shall be in accordance with the regulations adopted and promulgated by the New Jersey State Department of Civil Service, under provisions of Title 11A, New Jersey Statutes Annotated.
A. 
It is the desire of the Town to recognize suitably all outstanding, commendatory actions or suggestions of municipal employees.
B. 
When a letter is received commending the work or action of an employee on duty, it shall first be referred to the Business Administrator, who will then endorse thereon a suitable comment. The letter will then be referred to Council for its information and appropriate action. The letter will then be returned to the Municipal Clerk and placed in the employee's permanent personal history file.
C. 
All employees are urged to seek ways and means of effectively improving their work performance and to submit to their supervisor any well-thought-out suggestion for doing a better job in less time, with less effort and at a lower cost.
D. 
Supervisors will report to their superiors each worthwhile suggestion or idea submitted by employees which is accepted and made use of.
E. 
If the specific suggestion or idea results in a saving or effects a substantial improvement, a written report will be prepared and referred to the Business Administrator. The Business Administrator will carefully study such memoranda, as it is desired to give credit whenever and wherever it is due, and to suitably recognize the employees who make a superior contribution to the work of the Town.
F. 
All memoranda relating to the suggestion, and the action of the Business Administrator in connection therewith, will be placed in the employee's personal history file.
A. 
Each present full-time employee will receive a copy of the Personnel Policies and Practices of the Town of Phillipsburg, New Jersey, which he will study and retain for future reference. After a careful study of the policies, practices and rules set forth therein, he is expected to sign a statement agreeing to conform to them, and to return it to the Municipal Clerk for filing.
B. 
The Town reserves the right to add, change, interpret or eliminate personnel policies, practices and rules whenever it appears to be in the best interest of the Town of Phillipsburg to do so.
C. 
All changes, additions or deletions will be made by means of amendments thereof, and the copies of same will be issued to each employee for filing with his copy of the Personnel Policies and Practices of the Town of Phillipsburg, New Jersey.
D. 
A separate personal history file will be established and maintained for each employee of the Town.
E. 
Personal history files and personnel records are to be considered confidential records and will be maintained in the office of the Town Clerk in a locked file. The files will be in two groups; "active," representing employees on the payroll; and "closed," representing employees no longer in the services of the municipality.
[Amended 7-5-2016 by Ord. No. O:2016-18; 6-19-2018 by Ord. No. O:2018-11]
F. 
The file shall contain all records that include dates of appointments and promotions, job titles, salaries, commendations, disciplinary actions, leaves and type taken and accumulated, merit ratings and the like.
G. 
A department director may establish written regulations affecting the personnel and internal operations of his particular department; provided, however, that such departmental regulations shall be approved by the Business Administrator and shall not conflict with any of the provisions of this chapter.
It is the intent of this section to provide a policy for the handling of grievances to prevent their recurrence and to deal promptly with those which occur.
A. 
An employee disputing the application or interpretation of the Town's personnel policies shall, within seven calendar days after such alleged violation, present such grievance to his immediate supervisor. The immediate supervisor shall give a final answer to such grievance within seven calendar days. If the grievance is not resolved by the immediate supervisor, it shall be placed in writing by the employee setting forth the nature of the grievance, the facts upon which it is based, and the remedy requested and referred to in § 100-17B within seven calendar days after the immediate supervisor's final answer. Any grievance not referred in writing by the employee within such seven-day period shall be considered waived.
B. 
The written grievance shall be presented to the employee's department director who shall give the employee a written answer within 10 calendar days after receipt of such written grievance. If the grievance is not resolved in this step such grievance shall be referred to § 100-17C within seven calendar days following the department director's final written answer. Any grievance not referred in writing by the employee within such seven-day period shall be considered waived.
C. 
The written grievance shall be presented to the Business Administrator by the employee who shall give the employer's final answer to the grievance within 10 calendar days after receipt of said grievance. The Business Administrator's decision shall be final and represent the legal position of the Town.
The Business Administrator may lay off any employee whenever such layoff is for the purpose of efficiency or economy or other valid reason requiring a reduction of the number of employees in a given class. Layoffs shall be made in accordance with N.J.A.C. 4:1-16.
A. 
Any officer or employee subject to the provisions of this chapter may be suspended without pay for disciplinary purposes by the Business Administrator or other supervisor designated by the Business Administrator for periods up to and including six calendar months, in accordance with N.J.A.C. 4:1-16.
B. 
Any officer or employee subject to the provisions of this chapter may be dismissed from the municipal service at any time by the Business Administrator, in accordance with N.J.A.C. 4:1-16.
[Added 4-12-2022 by Ord. No. O:2022-11]
A. 
Title. This section shall be cited as the "Anti-Nepotism Policy" of the Town of Phillipsburg.
B. 
Purpose. This policy is not for the purpose of depriving any citizen of an equal chance for employment with the Town of Phillipsburg but is solely intended to eliminate the potential for preferential treatment of relatives of certain government and/or municipal personnel.
C. 
Applicability.
(1) 
The prohibitions set forth in this section shall not apply to appointments to the various boards, commissions, and/or ad hoc committees of the Town.
(2) 
This section and the prohibition against certain hiring contained herein shall be applied prospectively only from the effective date of its enactment and shall not in any way be construed to prohibit or make unlawful any current employment relationship or situation or promotion of any person currently employed by the Town as of the effective date of this section, which may technically be violative of the terms hereof but for its prospective application. For purposes of interpreting this section, persons appointed to positions of employment with the Town for a set term shall be considered current employees, notwithstanding the fact that the term may have ended. Such persons holding positions of employment with the Town under a set term may be hired to any position in the Town, rehired, reappointed or promoted, as the case may be without violating this section.
D. 
Definitions. As used in this section, the following terms shall have the meaning indicated:
DEPARTMENT HEAD, MANAGERIAL EXECUTIVE AND UNCLASSIFIED SUPERVISORY EMPLOYEE
Any employee of the Town having supervisory duties and powers over another employee(s) within the respective department of the Town.
ELECTED OFFICIAL
An individual holding the position of Mayor or Town Councilman.
RELATIVE
A spouse, domestic partner, cohabitant, parent, child, adopted child, sibling, grandparent, grandchild, aunt, uncle, niece, nephew, first cousin, in-law, (applies to parents and siblings of a spouse), half-relative (applies to parents and siblings of a spouse), half-relative or step-relative (applies to parents and siblings), or a person with whom a significant committed relationship exists (living together for more than 12 months).
E. 
Restriction in hiring, promoting, and supervision of employees.
(1) 
The following restrictions shall apply in the hiring and promotion of employees to employment positions for the Town of Phillipsburg.
(2) 
Hiring. Unless otherwise prohibited by law or New Jersey Department of Personnel Rules, but notwithstanding the terms of any collective bargaining agreement to the contrary:
(a) 
No person who is relative, as defined in Subsection D of an elected official, department head, managerial executive, or unclassified supervisory employee shall be appointed, hired, employed or permitted to work for the Town of Phillipsburg in any unclassified position.
(b) 
No person who is a relative, as defined in Subsection D, shall be employed by or transferred to a position of employment with the Town, where that person will be supervisor of or be supervised by another relative who is an existing employee within the same department.
(c) 
Promotion. Notwithstanding the prospective application as to the remainder of this chapter as described above, no elected official or supervisor, as defined in Subsection D, in any department may participate in the promotion process or hiring process in that department of any existing employee who is a relative, as defined in Subsection D, of such elected official or supervisor, as the case may be, unless otherwise required by law or New Jersey Department of Personnel Rules. Such elected official or supervisor shall abstain from participation in such personnel action as it applies to such relative.
(d) 
If an existing employee of the Town becomes subject to this policy because of changes in marital, domestic partner/cohabitant or relationship status, one of the related persons must resign their unclassified position within 90 days.
(e) 
It shall be the affirmative duty of a related elected official, department head, managerial executive, unclassified supervisory employee, or employee to immediately disclose any circumstances which may constitute a violation of this policy. Failure to do so will result in disciplinary and/or legal action which can include removal from employment position.
F. 
Current employees. Except as may be otherwise expressly provided for herein, this chapter shall not affect the employment of any present Town employee and/or any existing contractual obligations with employees by the Town of Phillipsburg, nor shall this chapter affect seasonal part-time employment. The application of this policy only applies prospectively to all individuals seeking employment with the Town of Phillipsburg following the effective date of this section.