Township of Washington, NJ Employee Relations

The provisions of this chapter, and any regulation which may hereafter be promulgated pursuant to the terms hereof, shall govern all persons holding any position under the Township of Washington. For the purposes of this chapter, the definitions contained in § 4-2 of the Township Code of the Township of Washington shall apply unless otherwise set forth.

§ 9-2 Provisions to prevail in case of conflict; severability.

In the event of a conflict between the provisions of any contract of employment, or regulation promulgated heretofore by any department head, and any provision of this chapter, the provisions of this chapter shall prevail, and the conflicting provision in the contract or regulation shall not be of any force or effect.

To the extent that any contractual provision shall not be in conflict with this chapter, the same shall be deemed to be a regulation promulgated pursuant to § 9-3 of this chapter.

Any provision of the Township Code in conflict with the provisions of this chapter is hereby repealed. Nothing contained herein, however, shall act to repeal any provision of the Township Code imposing criteria for employment in any department which are specific thereto or which are more restrictive or supplementary to the provisions of this chapter. In such event, the provisions of this chapter shall be read to supplement such other provisions.

In the event that any provision of this chapter shall be declared to be invalid, such invalidity shall not affect the remaining provisions.

§ 9-3 Adoption of additional regulations.

The Committee may from time to time, by resolution, adopt additional regulations, consonant with the provisions of law, which regulations shall have the same force of law as if incorporated herein.

§ 9-4 Hiring and dismissal of employees.

The Committee shall have power to hire such persons as may from time to time be deemed by it to be necessary or desirable for the provision of municipal services upon such terms as it may from time to time determine.

Employees and officials of the township shall be compensated as provided in Chapter 34, Salaries, of the Township Code of the Township of Washington.

Any department head may, subject to the provisions of law and any contract, recommend to the Committee the dismissal of any employee subordinate to him for cause or otherwise. Upon dismissal of such employee, the department head shall report the dismissal, together with the reason therefor, to the Committee in writing.

Any employee dismissed pursuant to this section may request a hearing before the Committee concerning his dismissal.

In the event that there exists an employment contract between any employee and the township, which contract contains a provision regarding dismissal, the provisions of that contract shall govern the dismissal of such employee.

§ 9-5 Duty of employees.

All employees and officers of the township shall owe to the township and its citizens a duty of fidelity and loyalty, and no person so employed shall act in such a way as to breach that duty or to bring the township into dishonor and disrepute.

Any full-time employee or officer of the township may take employment of a part-time and subordinate nature to his full-time employment, but in the event of any conflict between the requirements of his part-time employment and his full-time position with the township, the former shall give way.

Any entity desiring to hire on a part-time basis any employee of the township in his official capacity shall arrange the same through the Clerk and the department head. The township shall, by resolution, determine the terms under which such employment shall be permitted.

Any employee breaching any provision of this section shall be subject to dismissal.

§ 9-6 Use of equipment outside working hours.

Except as may be authorized by the Committee by resolution, no employee of the township shall utilize any clothing, uniforms, equipment, vehicles or any other material provided by the township for the use of said employee in the course of his employment for any purpose outside the course of his employment.

§ 9-7 Overtime.

It is recognized that, from time to time, it will be necessary for the township, or some departments thereof, to require overtime from its employees due to emergency, vacation or similar circumstance, but, to the extent possible, no department head shall schedule overtime for his department or employees except in emergency conditions.

In the event that overtime is determined to be necessary by any department head, he shall advise the Committee in writing of the reasons therefor.

If overtime is scheduled by any department head, it shall be made available to the entire work force on an equitable basis.

Any exceptions to the within policy may be established by the Committee by resolution.

§ 9-8 Power of department heads; filing of regulations required.

Each department head may promulgate regulations for the administration of his department, which regulations shall be consonant with the provisions of this chapter and any regulations promulgated pursuant to this chapter by the Committee.

Any regulations promulgated by a department head pursuant to this section shall, prior to the effective date hereof or, in the case of any regulations heretofore promulgated, within 15 days of the effective date of this chapter, be filed with the Clerk. Thereafter, any such regulation may be rescinded or amended by the Committee by resolution as provided in § 9-3 of this chapter.

In the event that any regulation shall not be filed as herein set forth, that regulation shall not be of any force or effect.

§ 9-9 Duty schedules.

Each department head shall file with the Clerk the duty schedule for his department when the same is established. In the event of a change in such schedule, the department head shall file such change with the Clerk within 48 hours of such change.

§ 9-10 Physical examinations.

The Committee may by resolution require any and all full-time employees of the township who are in excess of the age of 65 years to submit to an annual physical examination to determine such person's ability to perform the duties of his position. Failure to so comply with such requirement shall be grounds for non-reappointment or dismissal, as the case may be.

The Committee shall direct that a physical examination be required of any person seeking employment on a full-time basis with the township as a condition of employment or may direct any full-time employee to submit to such an examination if it appears to be necessary or desirable to require the same.

For purposes of this section, "physical examination" shall include a dental examination and psychological testing, as such construction may from time to time be required.

Any physical examination required pursuant to this section shall be at the expense of the township, and the report thereof shall be forwarded to the township. Nothing contained herein shall prohibit the Committee from authorizing that a copy of the report be forwarded to the person involved. Unless otherwise specified by the Committee by resolution, such examinations shall be conducted by medical personnel chosen by the township.

§ 9-11 Indemnification.

[Added 6-13-1990 by Ord. No. 90-8]

The township shall indemnify all public officers, public officials and public employees for claims arising from the performing of their public duties or responsibilities as provided in Chapter 18 of the Township Code.